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2013 09-09 CCP Regular Session
AGENDA CITY COUNCIL STUDY SESSION September 9, 2013 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 a. Work Session Request Regarding Financing to Cover the Cost of Code Enforcement Requirements — Councilmember Ryan 3.Discussion of Work Session Agenda Items as Time Permits 4.Adjourn Curt Boganey From: Dan Ryan Sent: Wednesday, September 04, 2013 5:36 PM To: Curt Boganey Subject: Work Session Request Hi Curt, Following the City Budget Meeting Tuesday, September 3rd. I spoke to you about the potential for homeowners faced with expensive repair/replacement costs the result of code enforcement sweeps. In the Manager's Friday Update of July 26 th , the Council was informed of a pilot neighborhood- specific program that got underway this summer in the Lions Park Neighborhood, (the Southeast part of the city). Among other things, this initiative focuses on code compliance and livability in that neighborhood. I fully support this program because it is consistent with our council goals, and it addresses concerns expressed by residents in the 2012 survey about messy yards and neighborhood conditions in the city. One anticipated outcome will be an increase in the number of code compliance orders issued to homeowners as the result of staff activity, not just in that neighborhood, but city wide as we increase staff and emphasis on improving the neighborhoods. Some of the problems that code enforcement staff will find with residential properties may require relatively low cost but labor intensive maintenance that homeowners should be expected to manage. My concern is code enforcement will issue repair/replacement orders that many of our low income homeowners will be unable to pay for. One example is driveway replacements under Section 12-316. There may be other examples as well. This is something that the City Council should look at. Has the City done al/it can to ensure that low cost, low interest loans will be available to those homeowners who are hard pressed in this economy and faced with a code violation requiring a major expense? The City Council should study this issue. Therefore, I request that this item be scheduled for a work session at the earliest possible date. Please let me know if there are complications or other issues that, in your judgment, should be researched prior to a work session. I look forward to your comments and suggestions. Thank you, Dan Ryan City of Brooklyn Center Councilmember 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 City Hall Phone 763-569-3300 City Hall Fax 763-569-3494 Voicemail 763-569-3445 Home 763-535-4177 councilmemberryanPci.brooklyn-center.mn.us 2 CITY COUNCIL MEETING City of Brooklyn Center September 9, 2013 AGENDA 1.Informal Open Forum with City Council — 6:45 p.m. —provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2.Invocation — 7 p.m. 3.Call to Order Regular Business Meeting —The City Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 4.Roll Call 5.Pledge of Allegiance 6.Approval of Agenda and Consent Agenda —The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes 1.August 26,2013 — Study Session 2.August 26,2013 — Regular Session 3.August 26,2013 — Work Session b.Licenses c.Resolution Revoking Rental Dwelling License for 4901 61st Avenue North d. Resolution Removing 2012 Certified Special Assessment for 6020 Emerson Avenue North, Brooklyn Center, MN as Listed in Resolution No. 2012-122 Certifying Special Assessment of Administrative Fines/Citations to the Hennepin County Tax Rolls CITY COUNCIL AGENDA -2- September 9, 2013 7.Presentations/Proclamations/Recognitions/Donations —None. 8.Public Hearings a. Proposed Special Assessments for Delinquent Nuisance Abatement Costs, Delinquent Administrative Fines/Citations, and Delinquent Administrative Vacant Building Registrations 1.Resolution Certifying Special Assessments for Nuisance Abatement Costs to the Hennepin County Tax Rolls Requested Council Action: —Motion to open Public Hearing. —Motion to take public input. —Motion to close Public Hearing. —Motion to adopt resolution. 2.Resolution Certifying Special Assessments for Administrative Vacant Building Registration Costs to the Hennepin County Tax Rolls Requested Council Action: —Motion to open Public Hearing. —Motion to take public input. —Motion to close Public Hearing. —Motion to adopt resolution. 3. Resolution Certifying Special Assessments for Administrative Fines/Citation Costs to the Hennepin County Tax Rolls Requested Council Action: —Motion to open Public Hearing. —Motion to take public input. —Motion to close Public Hearing. —Motion to adopt resolution. b. Proposed Special Assessments for Delinquent Public Utility Service Accounts 1. Resolution Certifying Special Assessments for Delinquent Public Utility Service Accounts to the Hennepin County Tax Rolls Requested Council Action: —Motion to open Public Hearing. —Motion to take public input. —Motion to close Public Hearing. —Motion to adopt resolution. CITY COUNCIL AGENDA -3- September 9, 2013 9. Planning Commission Items a. Planning Commission Application No. 2013-015 Submitted by the Luther Company, LLLP. Request for Preliminary Plat of BRI-MAR THIRD ADDITION, as part of the First Amendment to the 2008 Luther Brookdale Honda-Toyota Planned Unit Development. The Planning Commission recommended approval of this application at its August 29, 2013, meeting. 1. Resolution Regarding Disposition of Planning Commission Application No. 2013-015 Submitted by the Luther Company, LLLP for Approval of Preliminary Plat of Bri-Mar Third Addition Requested Council Action: —Motion to adopt resolution. b. Planning Commission Application No. 2013-016 Submitted by the Luther Company, LLLP. Request for Consideration of Final Development Plan/Site and Building Plan for the First Amendment to the 2008 Luther Brookdale Honda- Toyota Planned Unit Development. The Planning Commission recommended approval of this application at its August 29, 2013, meeting. 1. Resolution Regarding Disposition of Planning Commission Application No. 2013-016 Submitted by the Luther Company, LLLP Requesting Final Development/Site Plan Approval of the Vehicle Parking and Storage Area Comprehended Under the First Amendment to the 2008 Luther Brookdale Honda-Toyota Planned Unit Development Requested Council Action: —Motion to adopt resolution. 10. Council Consideration Items a. Consideration of Type IV 6-Month Provisional Avenue North Rental License for 5715 Emerson 1. Resolution Approving a Type IV Re Avenue North Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Motion to adopt resolution. ntal License for 5715 Emerson b. Consideration of Type IV 6-Month Provisional Rental License for 4714 Wingard Lane 1. Resolution Approving a Type IV Rental License for 4714 Wingard Lane Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Motion to adopt resolution. CITY COUNCIL AGENDA -4- September 9, 2013 c. Preliminary 2014 Levy and Budget 1.Resolution Approving a Preliminary Tax Capacity Levy for the General Fund and Debt Service Funds and a Market Value Tax Levy for the Housing and Redevelopment Authority for Property Taxes Payable in 2014 Requested Council Action: —Motion to adopt resolution. 2.Resolution Adopting a Preliminary Budget for the 2014 Fiscal Year Requested Council Action: —Motion to adopt resolution. 11.Council Report 12.Adjournment City Council Agendo, Item No. 6a • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION AUGUST 26, 2013 CITY HALL — COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:04 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Interim Finance Director Greg Andrews, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Director of Community Activities, Recreation and Services Jim Glasoe, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS - None. MISCELLANEOUS World Wildlife Federation / Sustainability Measures Councilmember Myszkowski stated she received an e-mail from a constituent relating to the World Wildlife Federation and asked whether the City Council supported staff researching incentives to adapt to global climate change. She explained that if those rules are followed, you can make application for the Federation's three $30,000 grants. Councilmember Ryan stated he briefly reviewed the information and thinks it would be fine to do something that follows the Federation's program as long as it does not involve substantial staff time. He stated he has followed sustainability options and activities, from which the City may also be able to benefit. Councilmember Kleven stated Brooklyn Center had supported the event whereby residents turned out their lights for one hour. City Manager Curt Boganey indicated the City did participate in that activity last year; however, he cannot point to any specific result. Councilmember Myszkowski stated one example of adapting to global climate change would be to create green rooftops and another is to consider different species of trees that can survive higher temperatures. 08/26/13 -1- DRAFT Mayor Willson stated promoting green rooftops could cause a conflict since the City has an effort underway to use rooftops for solar panels so a cooperative can be set up to provide power. In addition, there is legislation at the State level and benefits for citizens to look at such a solar cooperative. He noted another option is natural groundcover rather than expanses of green lawn that need higher levels of maintenance and watering. He stated he does not oppose those types of options if they can be worked into the City's process and show a benefit, rather than a cost, to residents. Mr. Boganey stated it may be helpful for staff to generate a list of things the City is already doing in terms of sustainability. In addition, staff can review the Federation's website. He stated the City has a roof garden at the Earle Brown Heritage Center where some, but not all, of the vegetables served are grown. Mr. Boganey stated staff will report additionally on this issue at a future Work Session. Recreational Fires Councilmember Myszkowski stated she was contacted by a constituent about her dislike of smoke from recreational fires. She asked if the City Council is interested in changing the timeframe for recreational fires. The City Council discussed the current timeline as being midnight and that the City offers an on- line form if you want to have a recreational fire. In addition, if a resident is uncomfortable with a recreational fire, they can call the Fire Department so the necessary action can be taken. Councilmember Myszkowski stated the resident indicated she did make that telephone call and was told the fire was in compliance. She noted the Fire Chief is authorized to require a recreational fire to be immediately extinguished if a dangerous situation or creating an undue hardship on residents. Councilmember Myszkowski stated the resident has asthma, as she does, and she is also bothered by the smoke from recreational fires. Councilmember Lawrence-Anderson stated many on her block have fire pits, which also brings neighbors together but she understands the hardship issue and hopes the City Council can strike a balance for the benefit of the entire City. Mayor Willson stated he is unsure that changing the hours would be more beneficial than a public educational component. He noted that for a resident with asthma, smoke from a recreational fire coming into their windows creates an undue hardship and medical issue. He stated his neighborhood also has many fire rings and there are times, especially in early fall, when there is noticeable smoke. Mr. Boganey stated he will address this issue with the Fire Chief to assure the ordinance is being correctly enforced. Brooklyn Center Business Association Presentation Councilmember Ryan stated he had recently enjoyed a Brooklyn Center Business Association dinner and presentation by Mike Sims, Shingle Creek Crossing leasing agent, and Director of 08/26/13 -2- DRAFT Business and Development Gary Eitel relating to redevelopment activities occurring in Brooklyn Center. He suggested Mr. Sims be invited to provide an update relating to Shingle Creek Crossing to keep the resident audience apprised. Councilmember Ryan offered the suggestion of creating a brochure that promotes/informs what the City is doing for development and redevelopment. Councilmember Myszkowski asked whether realtors/leasing agents have copies of City maps identifying available locations. Mr. Boganey stated he is unsure, noting such a map quickly becomes outdated. Mayor Willson stated he knows developers view the City's website to gain this type of information. Mr. Boganey stated that is the most efficient method for the City to disseminate that information. Mr. Boganey stated staff will schedule a formal development update before the City Council within the next 30 to 60 days. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS DISCUSSION ON AN OPPORTUNITY TO ACQUIRE LOT 1, BLOCK 1, CHRYSLER ADDITION, FORMER CARS FOR HEART AUTO DEALERSHIP 6121 BROOKLYN BOULEVARD (REDEVELOPMENT WITHIN THE BROOKLYN BOULEVARD CORRIDOR) Director of Business and Development Gary Eitel introduced the item and explained that in January of 2009, Bob Kagel, Kagel Acquisition Company, acquired Lot 1, Block 1, Chrysler Addition, for $1.5 million for the purpose of operating the Cars with Heart Auto Dealership. It opened in January of 2009 but closed the later part of 2012. Mr. Kagel contacted City staff to determine if the City/EDA had an interest in acquiring this property for $1.5 million. Mr. Eitel reviewed other properties the EDA had acquired in this area and areas of opportunity for renewal along Brooklyn Boulevard. He stated if not housing, an alternative is a planned commercial PUD for a larger area. Mr. Eitel reviewed the Tax Increment Financing (TIF) District No. 3 budget, noting there is an available revenue stream. He explained that when taxes are delinquent, taxes are not forgiven and will be paid at some point in the future. Mr. Eitel stated the property is being offered for $1.5 million, the same price it sold for in 2009, so he considered a budget of $1.665 million for land purchase debt service including demolition. Mayor Willson stated another option is the way the City leveraged the FBI property. Mr. Eitel stated the City missed this opportunity in 2008 because the price for this property started at $3.2 million. He asked whether the EDA feels that the acquisition of 6121 Brooklyn Boulevard meets the objectives of TIF District 3. He also asked whether the EDA supports the issuance of a Tax Increment Housing Bond to acquire 6121 Boulevard. 08/26/13 -3- DRAFT Mayor Willson noted 6107 Brooklyn Boulevard is owned by the Luther organization. Mr. Eitel stated if this property is purchased and used for housing, he thinks Mr. Luther will work with the City as he has been a positive corporate citizen. Mayor Willson asked whether 3606 61 St Avenue North and 3600 61 st Avenue North are residential properties. Mr. Eitel answered in the affirmative and stated they may be available at some point since the residents are aware that when the time is right, they should talk with the City. Mayor Willson stated 6121 Brooklyn Boulevard is a valuable opportunity but in looking at how it lays out, 6107 Brooklyn Boulevard and 3606 61 st Avenue North and 3600 61 st Avenue North would make a larger and more appealing site for elderly housing or a corporate setting. Councilmember Kleven asked whether the City has tried to negotiate a lower price. Mr. Eitel stated it is his understanding that it is the seller's firm position, as it was appraised for $1,850,000. It was noted there is a discrepancy in ownership and this offer had been presented before a judge to reconcile those differences. Councilmember Kleven stated support to purchase this property• and consider it for senior housing. She asked if it is purchased, would it be sold for $1 the same as the FBI building. Mayor Willson stated it is too early to consider those types of negotiations. Mr. Boganey stated the City would not assume that the property would be given away but once the proposal is received and the potential on investment is determined, the asking price can be considered. Mayor Willson stated this site used to be an automobile sales lot and asked if Mr. Kagel would agree to be responsible for any environmental mitigation that is necessary. Mr. Eitel stated the process has not reached that point and a purchase agreement has not yet been written. Discussion on this item continued and reached conclusion at the August 26, 2013, Work Session. ADJOURNMENT Councilmember Ryan moved and Councilmember Myszkowski seconded to close the Study Session at 6:51 p.m. •Motion passed unanimously. 08/26/13 -4- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION AUGUST 26, 2013 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, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Interim Finance Director Greg Andrews, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, Director of Community Activities, Recreation and Services Jim Glasoe, 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. D5sha Jessen, 2208 73rd Court, Brooklyn Park, representing Brooklyn Center Little League, reported there will be a merger between the American and National Little Leagues. She stated there was recently $5,000 of vandalism to one of their parks so they will be hosting a Movie in the Park fundraising event on September 7, 2013, at the Brooklyn Center American Little League Ball Field. Ms. Jessen invited all to attend and stated she will be reporting in the future on their sponsorships and repairs that will be made to the ball field. Mayor Willson commented on his past involvement with Little League. He stated he will attend this event and offered to assist with public relations. City Administrator Curt Boganey stated this event can be advertised on the City's website. Mayor Willson closed the Informal Open Forum at 7:02 p.m. 2.INVOCATION As the invocation, Councilmember Ryan asked those present to request Devine guidance as the City Council deliberates on serious matters that will affect the City's future. 3.CALL TO ORDER REGULAR BUSINESS MEETING 08/26/13 -1- DRAFT The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:04 p.m. 4.ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Interim Finance Director Greg Andrews, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, 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 Councilmember Kleven moved and Councilmember Myszkowski seconded to approve the Agenda and Consent Agenda and the following consent items were approved: 6a. APPROVAL OF MINUTES 1.August 12,2013 — Study Session 2.August 12,2013 — Regular Session 3.August 12,2013 — Work Session 6b. LICENSES MECHANICAL Larson Plumbing, Inc. Market Mechanical, Inc. Mechanical Air Systems, Inc. R B Heating & Air 3095 162" Lane NW, Andover 8701 Wyoming Avenue N., Brooklyn Park 1650 99 th Lane NE, Blaine 20826 Austin Street NE, East Bethel RENTAL — CURRENT RENTAL STANDARDS INITIAL (TYPE III— one-year license) 6930 Dallas Road Sally Anderson INITIAL (TYPE II — two-year license) 5818 Admiral Lane 4201 Lakeside Avenue #214 4207 Lakeside Avenue #222 2913 Nash Road RENEWAL (TYPE III— one-year license 6819 Humboldt Avenue N., A101 Michael Kozicky James Chanaka Don Stenberg Chen Zhou New Concepts Management 08/26/13 -2- DRAFT RENEWAL (TYPE II— two-year license) 5115 Twin Lake Boulevard E. 5740 Dupont Avenue N. 6020 Emerson Avenue N. 6043 June Avenue N. 5728 Logan Avenue N. 6601 Unity Avenue N. RENEWAL (TYPE I — three-year license) 6807 Humboldt Avenue N. C203 5505 Lyndale Avenue N. 7007 Newton Avenue N. Ruth Cioni Dion Properties, Inc. Chad Tesmer Danie Naoyeng Xiong Konstantin Ginzburg Doug Wahl New Concepts Management Dragon Property Management Ting Sui Zheng 6c.RESOLUTION NO. 2013-97 AUTHORIZING EXECUTION OF A LETTER OF ENGAGEMENT FOR PROFESSIONAL SERVICES FOR AUDIT OF THE 2013 FISCAL YEAR 6d.APPLICATION AND PERMIT FOR TEMPORARY ON-SALE LIQUOR LICENSE SUBMITTED BY NATIONAL MARYLAND COUNTY ASSOCIATION OF LIBERIA FOR AN EVENT TO BE HELD AT BROOKLYN PERFORMING ARTS, 5801 JOHN MARTIN DRIVE, BROOKLYN CENTER, ON SEPTEMBER 28, 2013 6e.RESOLUTION NO. 2013-98 AUTHORIZING THE EXECUTION OF A COOPERATIVE CONSTRUCTION AGREEMENT FOR SIGNING OF THE MISSISSIPPI RIVER TRAIL BETWEEN THE MINNESOTA DEPARTMENT OF TRANSPORTATION (MnDOT) AND THE CITY OF BROOKLYN CENTER 6f.RESOLUTION NO. 2013-99 ADOPTING THE 2013 STRATEGIC PRIORITIES FOR THE 2013-2015 STRATEGIC PLAN Motion passed unanimously. 7.PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS - None. 8.PUBLIC HEARINGS - None. 9. PLANNING COMMISSION ITEMS 08/26/13 -3- DRAFT 9a.PLANNING COMMISSION APPLICATION NO. 2013-013 SUBMITTED BY ODYSSEY ACADEMY SCHOOL FOR A SPECIAL USE PERMIT TO ALLOW A NEW DYNAMIC MESSAGE SIGN (DMS) WITH A PUBLIC USE IN THE R1- ONE FAMILY RESIDENCE DISTRICT, LOCATED AT 6201 NOBLE AVENUE NORTH Planning and Zoning Specialist Tim Benetti provided an overview of Planning Commission Application No. 2013-013 and advised the Planning Commission held a public hearing on this application and recommended approval of the application, with two findings, at its August 15, 2013 meeting. 1. RESOLUTION NO. 2013-100 REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2013-013 SUBMITTED BY ODYSSEY ACADEMY SCHOOL FOR A SPECIAL USE PERMIT TO INSTALL A NEW DYNAMIC MESSAGE SIGN (DMS) WITH A PUBLIC USE IN THE R1-ONE FAMILY RESIDENCE DISTRICT (6201 NOBLE AVENUE NORTH) Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to approve RESOLUTION NO. 2013-100 Regarding the Disposition of Planning Commission Application No. 2013-013 Submitted by Odyssey Academy School for a Special Use Permit to Install a New Dynamic Message Sign (DMS) with a Public Use in the R1-One Family Residence District (6201 Noble Avenue North). Motion passed unanimously. 9b.PLANNING COMMISSION APPLICATION NO. 2013-014 SUBMITTED BY EVERGREEN PARK ELEMENTARY SCHOOL FOR A SPECIAL USE PERMIT TO ALLOW A NEW DYNAMIC MESSAGE SIGN (DMS) WITH A PUBLIC USE IN THE R1-ONE FAMILY RESIDENCE DISTRICT, LOCATED AT 7020 DUPONT AVENUE NORTH • Planning and Zoning Specialist Tim Benetti provided an overview of Planning Commission Application No. 2013-014 and advised the Planning Commission held a public hearing on this application and recommended approval of the applications at its August 15, 2013 meeting. Mr. Benetti answered questions of the City Council regarding the request by Evergreen Park Elementary School for a Special Use Permit (SUP) to allow a dynamic message sign, specifically that the new sign is of a similar size to the existing sign. 1. RESOLUTION NO. 2013-101 REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2013-014 SUBMITTED BY EVERGREEN PARK ELEMENTARY SCHOOL FOR A SPECIAL USE PERMIT TO INSTALL A NEW DYNAMIC MESSAGE SIGN (DMS) WITH A PUBLIC USE IN THE R1-ONE FAMILY RESIDENCE DISTRICT (7020 DUPONT AVENUE NORTH) 08/26/13 -4- DRAFT Councilmember Kleven moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2013-101 Regarding the Disposition of Planning Commission Application No. 2013-014 Submitted by Evergreen Park Elementary School for a Special Use Permit to Install a New Dynamic Message Sign (DMS) with a Public Use in the R1-One Family Residence District (7020 Dupont Avenue North). Motion passed unanimously. 10.COUNCIL CONSIDERATION ITEMS 10a, CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 6812 SCOTT AVENUE NORTH Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on this rental license. Seeing no one coming forward, Mayor Willson called for a motion. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 6812 Scott Avenue North, with the requirement that the mitigation plan and all applicable ordinances must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. 11.COUNCIL REPORT Councilmember Ryan reported on his attendance at the following events: •August 19, 2013, second of three meetings with the Metro Cities Transportation and •Government Policy Committee in St. Paul •August 20, 2013, interviewed by Anita Hoff from Northwest City Politics, which will air August 28, 2013, on Cable Channel 19 •August 22, 2013, Brooklyn Center Business Association Luncheon Councilmember Kleven reported on her attendance at the following and provided information on the following upcoming events: •August 13, 2013, Liberian girls game at Willow Lane Park, was canceled •August 14, 2013, Brown College Blood Drive •August 17, 2013, Father Project hosted by the Brooklyn Center Police Department along with others •August 20, 2013, Fire Department demonstration at Melrose Gates Apartment •August 21, 2013, Delivered Welcome Bags •August 22, 2013, Brooklyn Center Business Association Luncheon •August 25, 2013, Watched the movie Boy's Cry •The outdoor patio at Embassy Suites is now open •September 10, 2013, Brooklyn Center Women's Club Meeting 08/26/13 -5- DRAFT Councilmember Myszkowski reported on her attendance at the following events: •August 20, 2013, Housing Commission Meeting •August 26, 2013, Discussion with Senator Al Franken and others relating to the impact of federal sequestering on community-based services for the elderly Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: •August 22, 2013, Hennepin County Medical Center unveiling of a mosaic that celebrated individuals who have been tissue and/or organ donors •September 6, 2013, Brooklyn Center Business Association Golf Tournament Fund Raiser Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: •August 14, 2013, Police Department CIS event •He was unable to attend the August 20, 2013, Brooklyns Alliance Meeting •August 22, 2013, he and his wife were interviewed by FOX Channel 9 relating to their daughter's death from a heroin overdose, which airs before the next episode of Glee •August 25, 2013, meeting with senators and representatives on legislation before the United States Congress relating to immigrants, an important issue in Brooklyn Center given its diversity •August 25, 2013, met with Abdullah Kiatamba, Executive Director of African Immigration Services •August 27, 2013, meeting in the Brooklyn Park Council Chambers on African immigration services 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Myszkowski seconded adjournment of the City Council meeting at 7:31 p.m. Motion passed unanimously. 08/26/13 -6- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION AUGUST 26, 2013 CITY HALL — COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session called to order by Mayor/President Tim Willson at 8:21 p.m. ROLL CALL Mayor/President Tim Willson and Councilmembers/Commissioners Carol Kleven, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Interim Finance Director Greg Andrews, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Director of Community Activities Jim Glasoe, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. DISCUSSION ON AN OPPORTUNITY TO ACQUIRE LOT 1, BLOCK 1, CHRYSLER ADDITION, FORMER CARS FOR HEART AUTO DEALERSHIP 6121 BROOKLYN BOULEVARD (REDEVELOPMENT WITHIN THE BROOKLYN BOULEVARD CORRIDOR) — CONTINUED It was noted that discussion on this item began at the August 26, 2013, Study Session. The majority consensus of the City Council/EDA was to authorize staff to meet with the property owners and negotiate a purchase agreement. CITY'S DRINKING WATER UPDATE — MANGANESE Public Works Director/City Engineer Steve Lillehaug introduced the item and past consideration to develop an action plan pertaining to manganese in the City's drinking water. It was noted that on March 7, 2013, the City commissioned a consultant, TKDA, to prepare a feasibility study report to evaluate and prepare short- and long-term alternatives to consider in addressing the potential manganese health risk. Manganese levels in the City's water supply have been historically high and the aesthetic issues have been well known and understood. The City chose not to construct a water treatment in the past; however, new guidance provided by the Minnesota Department of Health (MDH) suggests too much manganese from drinking water may be harmful to health. Thus, this new consideration by the City is warranted to address the high levels of manganese in its drinking water. Mr. Lillehaug stated the City's level of manganese varies. He noted the current guidance value for manganese in drinking water is 100 parts per billion (ppb) for formula-fed infants and infants that drink tap water. The manganese guidance 08/26/13 -1- DRAFT value for children and adults (including nursing mothers) is 300 ppb. Mr. Lillehaug displayed a chart depicting the levels of manganese at each of the City's wells. Mr. Lillehaug presented the action plan, as detailed in the staff report, options considered, and recommendation that the best long-term solution is to construct a Water Treatment Plant. Not for the sole purpose of manganese level reduction but also for other collective benefits as detailed in the consultant's report. He displayed a chart depicting the rate other cities charge for water, noting Brooklyn Center's current rate is in the lowest range. Mr. Lillehaug stated should a Water Treatment Plant be constructed, estimated at $18 million, it would increase the average water bill approximately $17.28 per quarter, to a total of $46.18/quarter, which would rank the City's rate at the lower end of the mid-range when compared with the rate of other cities. Mr. Lillehaug presented considerations in staff's recommendation to construct a Water Treatment Plant as detailed in the staff report. He stated Brooklyn Center's water fully meets compliance standards, so it does not need to construct a Water Treatment Plant at this time. He presented timeline options and asked the City Council/EDA whether it supports proceeding with the recommended action plan that includes constructing a Water Treatment Plant. Mayor/President Willson noted continual operation of Well 6 will increase wear and tear. He asked if there is County or State money available that can be pursued. Mr. Lillehaug stated the City applied for a Minnesota Public Facilities Authority low-interest grant/loan on June 6, 2013, to construct a Water Treatment Plant and the results of that application should be known in September 2013. Mayor/President Willson asked about the impact of the City's overall indebtedness should it bond for $18 million. Mr. Boganey stated the City is so far below debt limits, that $18 million will not put the City anywhere close to the Statute maximum debt limit It will also not impact the City's bond rating. Mayor/President Willson asked about the staff complement to operate a Water Treatment Plant. Mr. Lillehaug stated a feasibility study has already been conducted relating to cost to operate and staff a Water Treatment Plant. Mr. Boganey indicated those operating expenses are included in the rate calculation. Councilmember/Commissioner Ryan stated he researched the Clean Water Act and learned there is a list of chemicals and substances that commonly occur in drinking water but due to political reasons, are not included on the list. Mr. Lillehaug stated it sometimes takes a political element to get a contaminant on the primary drinking water list. Councilmember/Commissioner Kleven thanked staff for its detailed report that includes all options. She noted this problem will not go away and she feels this is the time to take action and construct the Water Treatment Plant. Councilmember/Commissioner Kleven stated even with the added cost of the Water Treatment Plant, the City's water rates would still be below average. She asked where such a Plant can be constructed. Mr. Lillehaug explained the City already has the underground infrastructure for a Water Treatment Plant on a site in Evergreen Park, on the east side of Camden Avenue. 08/26/13 -2- DRAFT Councilmember/Commissioner Lawrence-Anderson asked if the cities with the highest rates already have a Water Treatment Plant. She stated support to move forward in the near future and asked if the trend of increased water rates will occur in Brooklyn Center. Mr. Lillehaug explained some of the cities that have the highest water rates purchase its water supply from another municipality. Councilmember/Commissioner Myszkowski stated she knew construction of a Water Treatment Plan was inevitable once the City became aware of the level of manganese. She asked what would happen with the funding and rate calculations if the people of Brooklyn Center took water conservation efforts to heart and significantly reduced water usage. Mr. Lillehaug stated it would impact the funding available so the water rates would have to be increased. He noted the dollars presented are estimates and the City already encourages water conservation by offering a tiered rate. Mr. Lillehaug stated it would take a great effort of conservation to lower water consumption significantly. Mr. Boganey stated that is a good point and the City also has a Senior Rate, which may or may not come into play. Mayor/President Willson asked if the DNR's re-effort relating to treatment of discharge to the Mississippi River and/or the amount of sewage sent to Minneapolis plays into this calculation. Mr. Lillehaug stated a Water Treatment Plant will increase discharge into the sanitary sewer that is treated by the City of Minneapolis. Mr. Boganey stated if surface water has to be treated prior to discharge to the Mississippi River, it would be done by a separate system since it would not need to be treated to potable level. Mayor/President Willson asked about the jump in manganese levels from September 1975 to February 1987. Mr. Lillehaug stated he does not know for certain but speculated that the methods of testing in 1975 may not have been as accurate. Councilmember/Commissioner Ryan stated that on the basis of information received, it is only a question of the timeline. He supported a more immediate timeline as construction costs will only increase. Councilmember/Commissioner Ryan stated if successful with a grant application for a low-interest loan, it would be marginally lower in cost. Mr. Lillehaug stated that is correct; however, interest rates are currently very low. Mayor/President Willson also supported an immediate timeline of one to two years. He noted it has already been communicated to residents that the City intends to do something about this health risk. The majority consensus of the City Council/EDA was to move forward on a Water Treatment Plant based on an immediate timeline. PART II: COMPREHENSIVE OVERVIEW OF CAPITAL NEEDS AND DEBT FUNDING PLANS 08/26/13 -3- DRAFT Mr. Boganey noted at the last meeting, the City Council/EDA engaged in a fairly detailed discussion regarding potential capital projects that currently have no clear identified funding source. He answered questions of the City Council/EDA relating to project specifics. Mr. Boganey asked the City Council/EDA to rank each of the projects as high, medium, low, or not a priority. He explained that ultimately, the City needs to have one CIP that identifies the source of funding for all known capital ranked the ten projects as follows: needs over the next 15 years. The City Council/EDA High Medium Low Not a Priority Council Chambers Technology 2 1 1 1 Centennial Park Amphitheater 5 0 0 0 2014 Capital Maintenance Building Plan Project 5 0 0 0 2015-2025 Capital Maintenance Building Plan Project 0 4 0 1 City Hall/Community Center Doors/Windows 0 1 2 2 Brooklyn Boulevard Corridor 2 2 0 1 Street Reconstruction Fund Deficit 5 0 0 0 City Hall Renovation Options 0 3 1 1 Community Center Renovation Options 1 2 1.1 Highway 252 Improvements 1 2 1 1 Mr. Boganey stated he will collate the data and present a funding scenario at the next meeting with the objective that funding will be identified for the highest priority projects. ADJOURNMENT Councilmember/Commissioner Ryan moved and Councilmember/Commissioner Myszkowski seconded adjournment of the City Council/Economic Development Authority Work Session at 9:28 p.m. Motion passed unanimously. 08/26/13 -4- DRAFT City Council Ager da Item No. 6b COUNCIL ITEM MEMO NDUM DATE: September 3, 2013 TO: Curt Boganey, City Manager FROM: Maria Rosenbaum, Deputy City Clerk ,‘ \ AM-- SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses at its September 9, 2013. 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 A & M Heating & Air Bredahl Plumbing, Inc. Creative Heating and A/C Jay Hawk Mechanical Sharp Heating & A/C Total Refrigeration Systems, Inc. RENTAL See attached report. SIGN HANGER Twin Cities Sign Installations 22280 Tippecanoe Street NE, East Bethel 7916 73 m Avenue N, Brooklyn Park 355 21 st Street, Newport 3307 N 2 m1 Street, Minneapolis 7221 University Avenue NE, Fridley 949 S Concord Street So. St. Paul 14333 Ural Street NE, Ham Lake Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Greater than 1 but not more than 4 Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Type I — 3 Year Number of Units 1-2 units 3+ units Property Code Violations per Inspected Unit 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 Type IV —6 Months 1-2 units Greater than 8 Type 11-2 Year Greater than 3 Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) License Category Number of Units No Category Impact 1-2 3-4 units 5 or more units 0-1 0-0.25 0-0.35 1-2 3-4 units 5 or more units Greater than 1 but not more than 3 Greater than 0.25 but not more than 1 Greater than 0.35 but not more than 0.50 Decrease 1 Category Decrease 2 Categories 1-2 3-4 units Greater than 1 Greater than 3 5 or more units Greater than 0.50 COUNCIL ITEM MEMORANDUM Rental License Category Criteria Policy — Adopted by City Council 03-08-10 Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Property Address Dwelling Type Renewal or Initial Owner Property Code Violations License Type Police CFS * Final License Type ** Previous License Type *** Unpaid Utilities Unpaid Taxes 4912 Abbott Ave N Single Family Initial Andrew Pust 3 II N/A II OK OK 5432 Bryant Ave N Single Family Initial Christopher Raisch 0 II N/A II OK OK 6424 Scott Ave N Single Family Initial Chen Zhou 1 II N/A II OK OK 5101 Xerxes Ave N Two Family (1)Renewal Dion Ramsey 3 II 0 II III OK OK 1323 67th Ln N Single Family Renewal Ali Sajjad 1 I 0 I III OK OK 1300 68th Ln N Single Family Renewal Scott Hartmann 0 I 0 I III OK OK 1312 68th Ln N Single Family Renewal Konrad Wagner 0 I 0 I II OK OK 5418 70th Cir Single Family Renewal Doug Wahl 4 II 0 II I OK OK 4700 Eleanor Ln Single Family Renewal Kao Thao 4 II 0 II II OK OK 5330 Girard Ave N Single Family Renewal Charles Bright 2 II 0 II II OK OK * CFS = Calls For Service for Renewal Licenses Only (Initial Licenses are not applicable to calls for service and will be listed N/A.) ** License Type Being Issued Type I = 3 Year Type II = 2 Year Type III = 1 Year ***Initial licenses will not show a previous license type All properties are current on utilities and property taxes Rental Licenses for Council Approval on September 9, 2013 City Council Agenc a. Item N©0 6c COUNCIL ITEM MEMO NDUM DATE: September 5, 2013 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Resolution Revoking Rental Dwelling License for 4901 61st Avenue North Recommendation: It is recommended that the City Council consider adoption of the Resolution Revoking Rental Dwelling License for 4901 61st Avenue North. Background: The City has been notified by the Minnesota Commissioner of Revenue that it is required by law Minn. Stat. § 270C.72) to revoke the rental dwelling license issued to Antonio Smith because the licensee owes the State of Minnesota delinquent taxes, penalties, or interest. Antonio Smith was issued a TYPE I (3-year) rental dwelling license on August 13, 2012, for property located at 4901 61st Avenue North and effective until March 31, 2015. If the licensee resolves the delinquency, the City will receive a tax clearance certificate from the Commissioner of Revenue. As of the date of this memo, the City has not received a tax clearance certificate and, therefore, must revoke the rental license. The licensee has been notified that the City Council will consider revocation of his rental license at its September 9, 2013, meeting. Budget Issues: There are no budget issues to consider. Strategic Priorities: • Vibrant Neighborhoods _ Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REVOKING RENTAL DWELLING LICENSE FOR 4901 61ST AVENUE NORTH WHEREAS, the City of Brooklyn Center (the "City") has issued a rental dwelling license to Antonio Smith for property located at 4901 61st Avenue North; and WHEREAS, the City has been notified by the Minnesota Commissioner of Revenue that it is required by law to revoke said rental license because the licensee owes the State of Minnesota delinquent taxes, penalties, or interest; and WHEREAS, the City is required by Minnesota Statutes, Section 270C.72 to revoke said license unless, prior to revocation, it receives a tax clearance certificate; and WHEREAS, as of the date of adoption of this resolution, the City has not received a tax clearance certificate. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Brooklyn Center, Minnesota, that the rental dwelling license of Antonio Smith for property located at 4901 61st Avenue North is hereby revoked, effective immediately. By Order of the City Council of the City of Brooklyn Center this 9th day of September, 2013. September 9, 2013 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. MINNESOTA. REVENUE August 12, 2013 ID: XXX-XX-9601 Letter ID: L1780691584 Vill=1■01■■■ 1•111■1011■1 1.111•111111•1■ 1..1111111■1111 11141■11■1■11 0111. ■110O #BWBBMRR■•■•■■ #0000 0178 0691 5843# Brooklyn Center, City of 6301 SHINGLE CREEK PKWY BROOKLYN CENTER, MN 55430 Subject: License revocation The following taxpayer has an overdue liability: Debtor name . ANTONIO SMITH Debtor ID: XXX-XX-9601 Under Minnesota law, you must revoke the following license within 30 days upon receipt of this notice. License holder: Antonio Smith License expiration date: March 31, 2015 License type: Rental Property Once the delinquency has been resolved, we will send you a clearance certificate. Contact information: STATE OF MINNESOTA Commissioner of Re -venueBy email: By mail: By phone: By fax: mdor.collection@state.mn.us Minnesota Revenue PO Box 64564 St. Paul, MN 55164-0564 (651) 556-3003 (800) 657-3909 (outside metro calling area) (651) 556-5116 by: Collection Division An equal opportunity employer WWW.revenue.state.mn.us Minnesota Relay 711 (TTY) (H)f :1*Ikopoi.irarri2iN A GREAT PLACE TO START, A GREAT PLACE TO STAY Office of the City Clerk www.cityofbrooklyncenter.org Sharon Knutson, MMC City Clerk 763-569-3306 sknutson@ci.brooklyn-center.mn.us August 21, 2013 Mr. Antonio Smith 5444 Kings Circle North Brooklyn Park, MN 55443 Re: Rental License Revocation for 4901 61st Avenue North, Brooklyn Center Dear Mr. Smith: You have been issued a rental dwelling license by the City of Brooklyn Center for property located at 4901 61st Avenue North. The City has been notified by the State of Minnesota, Department of Revenue, that the City is required to revoke your rental dwelling license because you owe delinquent taxes, penalties, or interest to the State. Therefore, the City Council of the City of Brooklyn Center will consider revocation of your license at its regular meeting of September 9, 2013, pursuant to the requirements of Minnesota Statutes, Section 270C.72. The City Council will be required to revoke your license unless, prior to revocation, the City receives a tax clearance certificate from the Commissioner of Revenue. You are further notified that if your license is revoked, the City will not be allowed to issue a new license until it receives a tax clearance certificate. In addition, to secure a new license, it will be necessary for you to make an application for a new license and pay new license and reinstatement fees. Sincerely, Sharon Knutson City Clerk City Hall Community Center Police & Fire Departments 6301 Shingle Creek Parkway 6301 Shingle Creek Parkway 6645 Humboldt Avenue North Brooklyn Center, MN 55430-2199 Brooklyn Center, MN 55430-2199 Brooklyn Center, MN 55430-1853 763.569.3300 . Fax: 763.569.3494 763.569.3400 Fax: 763.569.3434 763.569.3333 Fax: 763.561.0717 1 MINNESOTA STATUTES 2012 270C.72 270C.72 TAX CLEARANCE; ISSUANCE OF LICENSES. Subdivision 1. Tax clearance required. The state or a political subdivision of the state may not issue, transfer, or renew, and must revoke, a license for the conduct of a profession, occupation, trade, or business, if the commissioner notifies the licensing authority that the applicant owes the state delinquent taxes payable to the commissioner, penalties, or interest. The commissioner may not notify the licensing authority unless the applicant taxpayer owes $500 or more in delinquent taxes, penalties, or interest, or has not filed returns. If the applicant taxpayer does not owe delinquent taxes, penalties, or interest, but has not filed returns, the commissioner may not notify the licensing authority unless the taxpayer has been given 90 days' written notice to file the returns or show that the returns are not required to be filed. A licensing authority that has received a notice from the commissioner may issue, transfer, renew, or not revoke the applicant's license only if (a) the commissioner issues a tax clearance certificate and (b) the commissioner or the applicant forwards a copy of the clearance to the authority. The commissioner may issue a clearance certificate only if the applicant does not owe the state any uncontested delinquent taxes, penalties, or interest and has filed all required returns. Subd. 2. Definitions. For purposes of this section, the following terms have the meanings given. (a)"Delinquent taxes" do not include a tax liability if (i) an administrative or court action which contests the amount or validity of the liability has been filed or served, (ii) the appeal period to contest the tax liability has not expired, or (iii) the applicant has entered into a payment agreement and is current with the payments. (b)"Applicant" means an individual, if the license is issued to or in the name of an individual, or the corporation or partnership, if the license is issued to or in the name of a corporation or partnership. "Applicant" also means an officer of a corporation, a member of a partnership, or an individual who is liable for delinquent taxes, either for the entity for which the license is at issue or for another entity for which the liability was incurred, or personally as a licensee. In the case of a license transfer, "applicant" also means both the transferor and the transferee of the license. "Applicant" also means any holder of a license. (c)"License" means any permit, registration, certification, or other form of approval authorized by statute or rule to be issued by the state or a political subdivision of the state as a condition of doing business or conducting a trade, profession, or occupation in Minnesota, specifically including, but not limited to, a contract for space rental at the Minnesota State Fair and authorization to operate concessions or rides at county and local fairs, festivals, or events. (d)"Licensing authority" includes the Minnesota State Fair Board and county and local boards or governing bodies. Subd. 3. Notice and hearing. (a) The commissioner, on notifying a licensing authority pursuant to subdivision 1 not to issue, transfer, or renew a license, must send a copy of the notice to the applicant. If the applicant requests, in writing, within 30 days of the date of the notice a hearing, a contested case hearing must be held. The hearing must be held within 45 days of the date the commissioner refers the case to the Office of Administrative Hearings. Notwithstanding any law to the contrary, the applicant must be served with 20 days' notice in writing specifying the time and place of the hearing and the allegations against the applicant. The notice may be served personally or by mail. Copyright © 2012 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. 2 MINNESOTA STATUTES 2012 270C.72 (b)Prior to notifying a licensing authority pursuant to subdivision 1 to revoke a license, the commissioner must send a notice to the applicant of the commissioner's intent to require revocation of the license and of the applicant's right to a hearing under paragraph (a). A license is subject to revocation when 30 days have passed following the date of the notice in this paragraph without the applicant requesting a hearing, or, if a hearing is timely requested, upon final determination of the hearing under section 14.62, subdivision 1. A license shall be revoked by the licensing authority within 30 days after receiving notice from the commissioner to revoke. (c)A hearing under this subdivision is in lieu of any other hearing or proceeding provided by law arising from any action taken under subdivision 1. Subd. 4. Licensing authority; duties. All licensing authorities must require the applicant to provide the applicant's Social Security number and Minnesota business identification number on all license applications. Upon request of the commissioner, the licensing authority must provide the commissioner with a list of all applicants, including the name, address, business name and address, Social Security number, and business identification number of each applicant. The commissioner may request from a licensing authority a list of the applicants no more than once each calendar year. History: 2005 c 151 art I s 87 Copyright 0 2012 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. City Council Age do Item No. 6d COUNCIL ITEM MEMORANDUM DATE: September 9, 2013 TO: Curt Boganey, City Manager VC5FROM: Vickie Schleuning, Assistant City Manager/Director of Building and Community Standards SUBJECT: Removal of A Certified Special Assessment Payable 2013 Recommendation: It is recommended that the City Council consider approval/adoption of a resolution removing 2012 certified assessment from 6020 Emerson Ave N. Background: The property owner of 6020 Emerson Ave N was issued two $600.00 citations (12/15/2011 and 1/23/2012) for rental licensing violations. After further review, the citations were found to be issued inaccurately due to a report generating problem. Therefore, the citation amounts should be removed from the special assessments payable in 2013. The property owner was recently issued a Type II rental license and did not have any citation or reinspection fees incurred during this application process. The 1 st half property taxes on 6020 Emerson Ave N have been paid including a portion of the assessment. If the assessment is removed, the owner will be credited his balance on his 2 nd half 2013 tax statement. Budget Issues: There are no budget issues to consider. Strategic Priorities: • Vibrant Neighborhoods Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REMOVING 2012 CERTIFIED SPECIAL ASSESSMENT FOR 6020 EMERSON AVENUE NORTH, BROOKLYN CENTER, MN AS LISTED IN RESOLUTION 2012-122 CERTIFYING SPECIAL ASSESSMENT OF ADMINISTRATIVE FINES/CITATIONS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, September 10, 2012, the Brooklyn Center City Council adopted Resolution No. 12-122 which specified assessments for administrative fines/citations; and WHEREAS, the property located at 6020 Emerson Ave N was specially assessed $1,240; and WHEREAS, the City of Brooklyn Center has determined citations numbers 11- 021257-4 and 11-021257-3 were issued incorrectly. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Resolution No. 12-122 be amended by changing the Special Assessment Certified Roll to remove the followina assessment: Levy No. Property Address Property ID Pending Amount Capital Interest Charge Special Assessment Charge Total Amount Certified 18160 6020 Emerson Ave N 01-118-21-22-0042 $1,200 10 30 $1,240 September 9, 2013 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 Commit Agenda. tem N©0 Ea COUNCIL ITEM MEMORANDUM DATE: TO: FROM: SUBJECT: September 9, 2013 Curt Boganey, City Manager 5Vickie Schleuning V1 ssistant City Manager/Director of Building and ComMunity Standards Public Hearings on Proposed Special Assessments for Nuisance Abatement Costs, Administrative Vacant Building Registrations and Administrative Fines/Citations Recommendation: It is recommended that the City Council conduct the subject public hearings and consider approval of the attached resolutions certifying special assessments for Nuisance Abatement Costs, Administrative Vacant Building Registration Costs and Administrative Fines/Citations. Background: Three public hearings are scheduled for September 9, 2013 to consider certification of proposed special assessments. The City Council called for a September 9, 2013 public hearing at its August 12, 2013 meeting. All potentially affected property owners have been notified by certified mail of the date of the public hearing and the amount of the proposed special assessments. As of September 6, 2013, no formal appeals have been made to City staff since the August 12, 2013 Council meeting. The following is a brief summary of the minimum process involved in city-facilitated abatements. •A written compliance notice is provided to the owner of record. In addition to notifying the owner of record, in certain cases, properties may be posted or other responsible parties may be notified. •A follow up inspection is conducted to verify compliance. •If compliance is not achieved, the City will take corrective actions to remove the public nuisance or hazard. •The City bills the owner of record for the portion of costs the City has incurred directly related to the abatement action. A service charge is applied to help recover city costs associated with the entire abatement process- inspections, notifications, invoicing, administrative systems, etc. •The direct costs of the abatement are recorded as pending special assessments and this information is available to the public. When a property is sold, agencies or parties often conduct property searches to determine the pending and levied special assessment amounts. Payments of any pending or levied special assessment should be determined by the sellers and buyers as part of the sales transactions. 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 Recommended Council Procedure Staff recommends that the City Council conduct the hearings concurrently. The attached resolutions certifying the assessments to the Hennepin County tax rolls are provided for Council consideration upon closing of the public hearings. If any additional property owner files an appeal with the City Clerk prior to the public hearing, or should any person appear at the hearing and object to an assessment, staff recommends that the Council refer any substantive objections to staff for a report back to the Council at a continued hearing. An example might be an issue whereby staff would need to research the history of a particular complaint and assemble documentation. The Council should consider removing the objection related assessment from the proposed levy roll and adopting the remaining proposed assessments. If an appeal for a specific property is filed within district court, the City Attorney will advise the Council of options for handling the dispute and potential litigation issues. Payment Options available to Property Owners Once an assessment roll is adopted by the Council, the owner of each property has the following options: 1.Pay the entire amount of the special assessment, without interest, between September 10, 2013 and October 9, 2013. 2.After October 9, 2013 through November 27, 2013, the property owner may pay the total special assessment plus accumulated interest (6.0 percent) through the date of payment. 3. If payments are made with property taxes, the first payment will be due with taxes in 2014. The total principal will be payable in annual installments for the period stated on the levy roll and as indicated below. Interest of 6.0 percent is accrued on the unpaid balance. Nuisance Abatement Costs One Year Administrative Vacant Building Registration One Year Administrative Fines/Citations One Year Partial prepayments (such as paying half now and certifying the balance) are not allowed under current assessment policy. Budget Issues: The levy roll for nuisance abatement costs totals $17,534.25. The levy roll for administrative vacant building registration costs totals $6,480.00. The levy roll for administrative fines/citation costs totals $118,325.00. However, the list will be updated as appropriate for the Council Meeting reflecting payments made by September 6, 2013. 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 Attachment: Resolutions- Nuisance Abatements Administrative Vacant Building Registrations Administrative Fines/Citations List of Levied Properties- The list will be updated for Council Meeting based on payments made by September 6, 2013. Strategic Priorities: • Vibrant Neighborhoods Mission: Ensuring an attractive, clean, safe, Mclusive community that enhances the quality of life for people and preserves the public trust Member introduced the following resolution and moves its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR NUISANCE ABATEMENT COSTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the City of Brooklyn Center has caused abatement removal on certain properties within the City from July 1, 2012, thru June 30, 2013, under the authority of City Ordinance Section 12-1504 and Minnesota Statutes, Section 429 and/or by written agreement with the owners of such property; and WHEREAS, on September 9, 2013, certain abatement accounts remained unpaid; and WHEREAS, an assessment roll for unpaid accounts from July 1, 2012, thru June 30, 2013, a copy of which is attached hereto and made part hereof by reference, has been prepared by the City Clerk, tabulating those properties where abatement costs are to be assessed, together with the amounts proposed to be assessed to each property; and WHEREAS, Minnesota State Statute authorizes the certification of delinquent abatement accounts to the County tax rolls for collection; and WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for abatement costs. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1.The special assessment roll of abatement costs incurred from July 1, 2012, thru June 30, 2013, is hereby adopted and certified as Levy No. 18412. 2.The special assessments as adopted and confirmed shall be payable with ad valorem taxes in 2014, in one annual installment with interest thereon at six (6) percent per annum and shall bear interest on the entire assessment from October 1, 2013, through December 31, 2014. 3. The owner of any property so assessed may at any time prior to the certification of the assessment to the County Auditor pay the whole of the assessment, to the City Treasurer, without interest, if the entire assessment is paid on or before October 9, 2013. After October 9, 2013, he or she may pay the total special assessment, plus interest. Interest will accumulate from October 10, 2013, through the date of payment. Such payment must be made by the close of business November 27, 2013, or interest will be charged through December 31 of the succeeding year. RESOLUTION NO. 4. The City Clerk shall forthwith transmit a certified duplication of this assessment to the County Auditor to be extended on the proper tax lists of the county and such assessments shall be collected and paid over in the same manner as other municipal taxes. September 9, 2013 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. Amended Special Assessment Certified Roll (Abatement) July 1, 2012 - June 30, 2013 Abatement Printed August 29, 2013 Municipal Code No. 22 Levy No. Property Address Property ID Pending Capital Levy Runs One Year Special Total Interest Assessment Amount Amount Charge Charge Certified 18412 5957 Lyndale Ave N 01-118-21-12-0010 750.00 10.00 30.00 790.00 18412 6023 Lyndale Ave N 01-118-21-12-0031 900.00 10.00 30.00 940.00 18412 6012 Colfax Ave N 01-118-21-21-0098 275.00 10.00 30.00 315.00 18412 5400 Camden Ave N 01-118-21-43-0084 340.00 10.00 30.00 380.00 18412 5728 Irving Ave N 02-118-21-14-0093 1,416.84 10.00 30.00 1,456.84 18412 5716 Logan Ave N 02-118-21-14-0107 325.00 10.00 30.00 365.00 18412 5329 Irving Ave N 02-118-21-44-0049 673.69 10.00 30.00 713.69 18412 5401 Irving Ave N 02-118-21-44-0089 250.00 10.00 30.00 290.00 18412 5931 Pearson Dr 03-118-21-21-0035300.00 10.00 30.00 340.00 18412 3906 Eckberg Dr 03-118-21-31-0065275.00 10.00 30.00 315.00 18412 5549 Brooklyn Blvd 03-118-21-42-0018 840.00 10.00 30.00 880.00 18412 3601 53rd PIN 03-118-21-43-0073 465.00 10.00 30.00 505.00 184125030 Lilac Dr N 10-118-21-13-0035 255.00 10.00 30.00 295.00 18412 4937 Brooklyn Blvd 10-118-21-14-0012 275.00 10.00 30.00 315.00 18412 7217 Camden Ave N 25-119-21-31-0083 605.00 10.00 30.00 645.00 18412 1712 72nd Ave N 26-119-21-41-0076 828.66 10.00 30.00 868.66 184127119 Grimes Ave N 27-119-21-31-0037 2,154.28 10.00 30.00 2,194.28 18412 6907 Palmer Lake Dr W 27-119-21-43-0102 275.00 10.00 30.00 315.00 184126825 Regent Ave N 33-119-21-12-0092 320.00 10.00 30.00 360.00 18412 5107 Eleanor La 33-119-21-42-0006 415.00 10.00 30.00 455.00 18412 6319 Scott Ave N 33-119-21-42-0073405.00 10.00 30.00 445.00 18412 3118 Quarles Rd 34-119-21-14-0076325.00 10.00 30.00 365.00 18412 6436 Indiana Ave N 34-119-21-31-0079 1,609.22 10.00 30.00 1,649.22 18412 3412 62nd Ave N 34-119-21-43-0026 1,956.56 10.00 30.001,996.56 18412 6807 Dupont Ave N 36-119-21-22-0008 300.00 10.00 30.00 340.00 Total:17,534.25 City of Brooklyn Center - 6301 Shingle Creek Parkway - Brooklyn Center MN 55430 Page 1 of 1 Member introduced the following resolution and moves its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR ADMINISTRATIVE VACANT BUILDING REGISTRATION COSTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the City of Brooklyn Center has caused Administrative Vacant Building Registration costs for certain properties within the City from July 1, 2012, thru June 30, 2013, under the authority of City Ordinance Section 12-1504 and Minnesota Statutes, Section 429 and/or by written agreement with the owners of such property; and WHEREAS, on September 9, 2013, certain Administrative Vacant Building Registration costs remained unpaid; and WHEREAS, an assessment roll for unpaid accounts from July 1, 2012, thru June 30, 2013, a copy of which is attached hereto and made part hereof by reference, has been prepared by the City Clerk, tabulating those properties where Administrative Vacant Building Registration costs are to be assessed to each property; and WHEREAS, Minnesota State Statute authorizes the certification of delinquent Administrative Vacant Building Registration accounts to the County tax rolls for collection; and WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for Administrative Vacant Building Registration costs. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1.The special assessment roll of Administrative Vacant Building Registration costs incurred from July 1, 2012, thru June 30, 2013, is hereby adopted and certified as Levy No. 18413. 2.The special assessments as adopted and confirmed shall be payable with ad valorem taxes in 2014, in one annual installment with interest thereon at six (6) percent per annum and shall bear interest on the entire assessment from October 1, 2013, through December 31, 2014. RESOLUTION NO. 3.The owner of any property so assessed may at any time prior to the certification of the assessment to the County Auditor pay the whole of the assessment, to the City Treasurer, without interest, if the entire assessment is paid on or before October 9, 2013. After October 9, 2013, he or she may pay the total special assessment, plus interest. Interest will accumulate from October 10, 2013, through the date of payment. Such payment must be made by the close of business November 27, 2013, or interest will be charged through December 31 of the succeeding year. 4.The City Clerk shall forthwith transmit a certified duplication of this assessment to the County Auditor to be extended on the proper tax lists of the county and such assessments shall be collected and paid over in the same manner as other municipal taxes. September 9, 2013 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. Amended Special Assessment Certified Roll (Administrative Vacant Building Registration) July 1, 2012 - June 30, 2013 Administrative Vacant Building Registration Printed August 29, 2013 Municipal Code No. 22 Levy No. Property Address Property ID Pending Capital Special Levy Runs One Year Total Interest Assessment Amount Amount Charge Charge Certified 18413 6028 Bryant Ave N 01-118-21-21-0087 400.00 10.00 30.00 440.00 18413 5301 Colfax Ave N 01-118-21-34-0087 1,000.00 10.00 30.00 1,040.00 18413 6930 Halifax Ave N 27-119-21-34-0039 400.00 10.00 30.00 440.00 18413 7203 Perry Ct E 28-119-21-41-0151 1,000.00 10.00 30.00 1,040.00 18413 3112 67th Ave N 34-119-21-14-0004 1,000.00 10.00 30.00 1,040.00 18413 6701 Bryant Ave N 36-119-21-21-0075 1,400.00 10.00 30.00 1,440.00 18413 6807 Dupont Ave N 36-119-21-22-0008 1,000.00 10.00 30.00 1,040.00 Total:6,480.00 City of Brooklyn Center - 6301 Shingle Creek Parkway - Brooklyn Center MN 55430 Page 1 of 1 Member introduced the following resolution and moves its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR ADMINISTRATIVE FINES/CITATION COSTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the City of Brooklyn Center has caused Administrative Fines/Citation costs for certain properties within the City from July 1, 2012, thru June 30, 2013, under the authority of City Ordinance Section 18-204 and Minnesota Statutes, Section 429; and WHEREAS, on September 9, 2013, certain Administrative Fines/Citation costs remained unpaid; and WHEREAS, an assessment roll for unpaid accounts from July 1, 2012 thru June 30, 2013, a copy of which is attached hereto and made part hereof by reference, has been prepared by the City Clerk, tabulating those properties where Administrative Fines/Citation costs are to be assessed to each property; and WHEREAS, City Ordinance Section 18-210 and Minnesota State Statute authorizes the certification of certain delinquent Administrative Fines/Citation accounts to the County tax rolls for collection; and WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for Administrative Fines/Citation costs. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1.The special assessment roll of Administrative Fines/Citation costs incurred from July 1, 2012, thru June 30, 2013, is hereby adopted and certified as Levy No. 18414. 2.The special assessments as adopted and confirmed shall be payable with ad valorem taxes in 2014, in one annual installment with interest thereon at six (6) percent per annum and shall bear interest on the entire assessment from October 1, 2013, through December 31, 2014. RESOLUTION NO. 3.The owner of any property so assessed may at any time prior to the certification of the assessment to the County Auditor pay the whole of the assessment, to the City Treasurer, without interest, if the entire assessment is paid on or before October 9, 2013. After October 9, 2013, he or she may pay the total special assessment, plus interest. Interest will accumulate from October 10, 2013 through the date of payment. Such payment must be made by the close of business November 27, 2013, or interest will be charged through December 31 of the succeeding year. 4.The City Clerk shall forthwith transmit a certified duplication of this assessment to the County Auditor to be extended on the proper tax lists of the county and such assessments shall be collected and paid over in the same manner as other municipal taxes. September 9, 2013 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. Amended Special Assessment Certified Roll (Admin Fines/Citations) July 1, 2012 - June 30, 2013 Administrative Penalty/Citation Printed August 29, 2013 Municipal Code No. 22 Levy No. Property Address Property ID Pending Capital Levy Runs One Year Special Total Interest Assessment Amount Amount Charge Charge Certified 18414 6023 Lyndale Ave N 01-118-21-12-0031 125.0010.00 30.00 165.00 18414 6006 Camden Ave N 01-118-21-12-0036 375.00 10.00 30.00 415.00 18414 5706 Camden Ave N 01-118-21-13-0044 125.00 10.00 30.00 165.00 18414 6028 Bryant Ave N 01-118-21-21-0087 125.00 10.00 30.00 165.00 18414 6021 Bryant Ave N 01-118-21-21-0097 375.00 10.00 30.00 415.00 18414 6035 Dupont Ave N 01-118-21-22-0032 1,000.00 10.00 30.00 1,040.00 18414 6012 Emerson Ave N 01-118-21-22-0040 125.00 10.00 30.00 165.00 18414 6021 Fremont Ave N 01-118-21-22-0065 625.00 10.00 30.00 665.00 18414 6014 Girard Ave N 01-118-21-22-0071 375.00 10.00 30.00 415.00 18414 5914 Fremont Ave N 01-118-21-22-0093 125.0010.00 30.00 165.00 18414 1400 57th Ave N 01-118-21-23-0007 125.00 10.00 30.00 165.00 18414 5700 Girard Ave N 01-118-21-23-0014 125.0010.00 30.00 165.00 18414 5826 Humboldt Ave N 01-118-21-23-0105 375.00 10.00 30.00 415.00 18414 5725 Aldrich Ave N 01-118-21-24-0041 125.00 10.00 30.00 165.00 18414 5729 Bryant Ave N 01-118-21-24-0046 125.00 10.00 30.00 165.00 18414 5712 Bryant Ave N 01-118-21-24-0063 1,875.00 10.00 30.00 1,915.00 18414 5829 Aldrich Ave N 01-118-21-24-0088 125.00 10.00 30.00 165.00 18414 5630 Colfax Ave N 01-118-21-31-0012 125.00 10.00 30.00 165.00 18414 5625 Fremont Ave N 01-118-21-32-0022 250.00 10.00 30.00 290.00 18414 1300 55th Ave N 01-118-21-32-0030 1,875.00 10.00 30.00 1,915.00 18414 5538 Girard Ave N 01-118-21-32-0035 125.00 10.00 30.00 165.00 18414 5546 Girard Ave N 01-118-21-32-0036 125.00 10.00 30.00 165.00 18414 5448 Girard Ave N 01-118-21-33-0052 250.00 10.00 30.00 290.00 18414 1425 55th Ave N 01-118-21-33-0072 800.00 10.00 30.00 840.00 18414 5447 Dupont Ave N 01-118-21-33-0075 8,250.00 10.00 30.00 8,290.00 18414 5322 Fremont Ave N 01-118-21-33-0127 375.00 10.00 30.00 415.00 18414 5333 Dupont Ave N 01-118-21-33-0139 375.00 10.00 30.00 415.00 18414 5403 Colfax Ave N 01-118-21-34-0103 125.00 10.00 30.00 165.00 18414 5432 Dupont Ave N 01-118-21-34-0111 105.00 10.00 30.00 145.00 18414 5624 Camden Ave N 01-118-21-42-0031 125.00 10.00 30.00 165.00 18414 5614 Camden Ave N 01-118-21-42-0032 730.00 10.00 30.00 770.00 18414 5930 Earle Brown Dr 02-118-21-12-0010 125.00 10.00 30.00 165.00 18414 5807 Knox Ave N 02-118-21-14-0021 125.00 10.00 30.00 165.00 18414 5800 Logan Ave N 02-118-21-14-0025 125.00 10.00 30.00 165.00 18414 5739 James Ave N 02-118-21-14-0033 375.00 10.00 30.00 415.00 18414 5716 Logan Ave N 02-118-21-14-0107 125.00 10.00 30.00 165.00 18414 5901 Vincent Ave N 02-118-21-22-0043 375.00 10.00 30.00 415.00 18414 5301 Russell Ave N 02-118-21-34-0002 500.00 10.00 30.00 540.00 18414 5307 Penn Ave N 02-118-21-34-0043 605.00 10.00 30.00 645.00 18414 5524 Irving Ave N 02-118-21-41-0024 125.00 10.00 30.00 165.00 18414 5533 Irving Ave N 02-118-21-41-0030 4,250.00 10.00 30.00 4,290.00 18414 5533 Knox Ave N 02-118-21-41-0087 125.00 10.00 30.00 165.00 18414 5633 Logan Ave N 02-118-21-42-0005 875.00 10.00 30.00 915.00 18414 5617 Logan Ave N 02-118-21-42-0006 900.00 10.00 30.00 940.00 'City of Brooklyn Center -6301 Shingle Creek Parkway - Brooklyn Center MN 55430 Page 1 of 4 Amended Special Assessment Certified Roll (Admin Fines/Citations) July 1, 2012 - June 30, 2013 Administrative Penalty/Citation Printed August 29, 2013 Municipal Code No. 22 Levy No. Property Address Property ID Pending Capital Levy Runs One Year Special Total Interest Assessment Amount Amount Charge Charge Certified 18414 2101 Brookview Dr 02-118-21-42-0052 500.00 10.00 30.00 540.00 184142106 Ericon Dr 02-118-21-42-0101 125.00 10.00 30.00 165.00 18414 1900 Broolcview Dr 02-118-21-42-0111 1,000.00 10.00 30.00 1,040.00 18414 5436 Logan Ave N 02-118-21-44-0030 675.00 10.00 30.00 715.00 184145319 Knox Ave N 02-118-21-44-0069 125.00 10.00 30.00 165.00 184145316 Logan Ave N 02-118-21-44-0073 125.00 10.00 30.00 165.00 184145401 Irving Ave N 02-118-21-44-0089 125.00 10.00 30.00 165.00 18414 5345 James Ave N 02-118-21-44-0097 250.00 10.00 30.00 290.00 18414 5344 James Ave N 02-118-21-44-0110 3,875.00 10.00 30.00 3,915.00 18414 5424 James Ave N 02-118-21-44-0123 875.00 10.00 30.00 915.00 18414 5431 James Ave N 02-118-21-44-0128 125.00 10.00 30.00 165.00 18414 5425 Irving Ave N 02-118-21-44-0138 125.00 10.00 30.00 165.00 18414 6012 York Ave N 03-118-21-11-0039 125.00 10.00 30.00 165.00 18414 5924 Beard Ave N 03-118-21-11-0071 125.00 10.00 30.00 165.00 18414 5924 Abbott Ave N 03-1 18-21-1 1-0088 3,750.00 10.00 30.00 3,790.00 18414 6031 Brooklyn Blvd 03-118-21-12-0015 7,975.00 10.00 30.00 8,015.00 18414 6042 Ewing Ave N 03-118-21-12-0085 125.00 10.00 30.00 165.00 18414 6012 Pearson Dr 03-118-21-21-0021 125.00 10.00 30.00 165.00 18414 6019 Pearson Dr 03-118-21-21-0031 1,875.00 10.00 30.00 1,915.00 18414 5913 Halifax Ave N 03-118-21-21-0075 625.00 10.00 30.00 665.00 18414 6000 June Ave N 03-118-21-21-0098 125.00 10.00 30.00 165.00 18414 4000 61st Ave N 03-118-21-21-0111 375.00 10.00 30.00 415.00 18414 5713 Halifax Ave N 03-118-21-24-0005 375.00 10.00 30.00 415.00 18414 5706 June Ave N 03-118-21-24-0019 125.00 10.00 30.00 165.00 18414 5808 Pearson Dr 03-118-21-24-0064 125.00 10.00 30.00 165.00 18414 3901 Burquest La 03-118-21-31-0041 125.00 10.00 30.00 165.00 18414 5319 Northport Dr 03-118-21-43-0047 125.00 10.00 30.00 165.00 18414 3607 53rd PI N 03-118-21-43-0072 125.00 10.00 30.00 165.00 18414 5300 Northport Dr 03-118-21 44 0020 125.00 10.00 30.00 165.00 18414 5214 Ewing Ave N 10-118-21-12-0023 5,075.00 10.00 30.00 5,115.00 18414 5219 Ewing Ave N 10-118-21-12-0060 2,225.00 10.00 30.00 2,265.00 18414 3301 49th Ave N 10-118-21-14-0052 875.00 10.00 30.00 915.00 18414 5137 France Ave N 10-118-21-21-0048 375.00 10.00 30.00 415.00 18414 3919 52nd Ave N 10-118-21-21-0054 125.00 10.00 30.00 165.00 18414 4204 Lakebreeze Ave 10-118-21-32-0053 250.00 10.00 30.00 290.00 18414 4819 Lakeview Ave 10-118-21-32-0056 500.00 10.00 30.00 540.00 18414 4807 Azelia Ave N 10-118-21-32-0065 375.00 10.00 30.00 415.00 18414 3401 47th Ave N 10-118-21-42-0038 125.00 10.00 30.00 165.00 18414 7241 Fremont Ave N 25-119-21-32-0011 3,125.00 10.00 30.00 3,165.00 18414 1411 72nd Ave N 25-119-21-32-0060 125.00 10.00 30.00 165.00 18414 7109 Willow La N 25-119-21-41-0020 125.00 10.00 30.00 165.00 18414 7211 Dallas Rd 25-119-21-42-0039 125.00 10.00 30.00 165.00 18414 7218 West River Rd 25-119-21-42-0041 1,375.00 10.00 30.00 1,415.00 18414 1706 72nd Ave N 26-119-21-41-0075 125.00 10.00 30.00 165.00 City of Brooklyn Center -6301 Shingle Creek Parkway - Brooklyn Center MN 55430 Page 2 of 4 Amended Special Assessment Certified Roll (Admin Fines/Citations) July 1, 2012 - June 30, 2013 Administrative Penalty/Citation Printed August 29, 2013 Municipal Code No. 22 Levy No. Property Address Property ID Pending Capital Levy Runs One Year Special Total Interest Assessment Amount Amount Charge Charge Certified 18414 7236 Knox Ave N 26-119-21-41-0105 125.00 10.00 30.00 165.00 18414 7006 Morgan Ave N 26-119-21-43-0052 2,125.00 10.00 30.00 2,165.00 18414 1510 69th Ave N 26-119-21-44-0068 1,875.00 10.00 30.00 1,915.00 18414 7137 France Ave N 27-119-21-31-0050 125.00 10.00 30.00 165.00 184147124 Indiana Ave N 27-119-21-31-0094 125.00 10.00 30.00 165.00 184146918 Grimes Ave N 27-119-21-34-0069 855.00 10.00 30.00 895.00 18414 3707 72nd Ave N 27-119-21-42-0089 125.00 10.00 30.00 165.00 18414 6943 Palmer Lake Dr W 27-119-21-43-0093 1,875.00 10.00 30.00 1,915.00 18414 6907 Regent Ave N 28-119-21-43-0006 125.00 10.00 30.00 165.00 18414 6931 Toledo Ave N 28-119-21-43-0041 125.00 10.00 30.00 165.00 18414 5300 70th Cir 28-119-21-43-0095 8,750.00 10.00 30.00 8,790.00 18414 6931 Perry Ave N 28-119-21-44-0005 250.00 10.00 30.00 290.00 18414 6812 Orchard Ave N 33-119-21-11-0013 125.00 10.00 30.00 165.00 18414 6845 Perry Ave N 33-119-21-11-0037 125.00 10.00 30.00 165.00 18414 5413 68th Ave N 33-119-21-12-0031 125.00 10.00 30.00 165.00 18414 6843 Scott Ave N 33-119-21-12-0065 125.00 10.00 30.00 165.00 18414 6336 Orchard Ave N 33-119-21-41-0015 375.00 10.00 30.00 415.00 18414 6400 Orchard Ave N 33-119-21-41-0017 500.00 10.00 30.00 540.00 18414 5107 Eleanor La 33-119-21-42-0006 125.00 10.00 30.00 165.00 18414 6319 Scott Ave N 33-119-21-42-0073 125.00 10.00 30.00 165.00 184146130 Scott Ave N 33-119-21-43-0019 125.00 10.00 30.00 165.00 18414 6807 Drew Ave N 34-119-21-12-0046 125.00 10.00 30.00 165.00 18414 3400 66th Ave N 34-119-21-13-0012 4,300.00 10.00 30.00 4,340.00 18414 6537 Chowen Ave N 34-119-21-13-0045 375.00 10.00 30.00 415.00 18414 3025 Quarles Rd 34-119-21-14-0084 875.00 10.00 30.00 915.00 18414 4306 65th Ave N ,-34-119-21-23-0065 2,880.00 10.00 30.00 2,920.00 18414 6436 Indiana Ave N 34-119-21-31-0079 125.00 10.00 30.00 165.00 18414 6400 Noble Ave N 34-119-21-32-0026 1,875.00 10.00 30.00 1,915.00 18414 6325 Kyle Ave N 34-119-21-32-0079 375.00 10.00 30.00 415.00 18414 6437 Kyle Ave N 34-119-21-32-0109 375.00 10.00 30.00 415.00 18414 3906 Janet La 34-119-21-34-0013 375.00 10.00 30.00 415.00 18414 6121 France Ave N 34-119-21-34-0017 250.00 10.00 30.00 290.00 18414 3807 62nd Ave N 34-119-21-34-0073 125.00 10.00 30.00 165.00 18414 4007 Joyce La 34-119-21-34-0104 7,975.00 10.00 30.00 8,015.00 18414 3307 Poe Rd 34-119-21-41-0070 125.00 10.00 30.00 165.00 18414 3113 65th Ave N 34-119-21-41-0113 125.00 10.00 30.00 165.00 18414 3001 Quarles Rd 34-119-21-41-0124 1,875.00 10.00 30.00 1,915.00 18414 6300 France Ave N 34-119-21-42-0008 125.00 10.00 30.00 165.00 18414 3407 65th Ave N 34-119-21-42-0018 125.00 10.00 30.00 165.00 18414 6331 Beard Ave N 34-119-21-42-0023 125.00 10.00 30.00 165.00 18414 6119 Beard Ave N 34-119-21-43-0063 125.00 10.00 30.00 165.00 18414 3301 62nd Ave N 34-119-21-44-0084 125.00 10.00 30.00 165.00 18414 2101 Freeway Blvd 35-119-21-13-0006 500.00 10.00 30.00 540.00 18414 6319 Brooklyn Dr 35-119-21-32-0052 375.00 10.00 30.00 415.00 111 City of Brooklyn Center -6301 Shingle Creek Parkway - Brooklyn Center MN 55430 Page 3 of 4 Amended Special Assessment Certified Roll (Admin Fines/Citations) July 1, 2012 - June 30, 2013 Administrative Penalty/Citation Printed August 29, 2013 Municipal Code No. 22 Levy No. Property Address Property ID Pending Capital Levy Runs One Year Special Total Interest AssessmentAmount Amount Charge Charge Certified 18414 6228 Brooklyn Dr 35-119-21-33-0008 375.00 10.00 30.00 415.00 18414 6857 Dallas Rd 36-119-21-12-0061 125.00 10.00 30.00 165.00 18414 6835 Colfax Ave N 36-119-21-21-0015 125.00 10.00 30.00 165.00 18414 6701 Bryant Ave N 36-119-21-21-0075 125.00 10.00 30.00 165.00 18414 6807 Dupont Ave N 36-119-21-22-0008 125.00 10.00 30.00 165.00 18414 6800 Humboldt Ave N 36-119-21-22-0047'125.00 10.00 30.00 165.00 18414 6407 Fremont Ave N 36-119-21-32-0048 125.00 10.00 30.00 165.00 18414 6114 Dupont Ave N 36-119-21-34-0036 2,000.00 10.00 30.00 2,040.00 Total:118,325.00 City of Brooklyn Center -6301 Shingle Creek Parkway - Brooklyn Center MN 55430 Page 4 of 4 City C©i icil Agend -em IN©0 8%) COUNCIL ITEM MEMORANDUM DATE: September 9, 2013 TO: Curt Boganey, City Manager tiFROM: Vickie Schleuning, Assistant City Manager/Director SUBJECT: Public Hearings on Proposed Special Assessments for Delinquent Utility Bills Recommendation: It is recommended that the City Council conduct the subject public hearing and consider approval of the attached resolution certifying special assessments for delinquent utility bills. Background: Public hearings are scheduled for September 9, 2013 to consider certification of proposed special assessments. The City Council called for a public hearing at its August 12, 2013 meeting. All potentially affected property owners have been notified by mail of the date of the public hearing and the amount of the proposed special assessments. As of September 6, 2013, no formal appeals have been made to City staff since the August 12, 2013 Council meeting. For a number of years the City of Brooklyn Center has certified delinquent utility bills to Hennepin County. Certified bills become assessments on the following year's property tax bill. Comparative numbers of letters sent and dollars certified are: # of accounts Assessed Dollar Value 2008 1,632 $ 526,135.00 2009 1,417 $ 464,610.00 2010 1,358 $ 436,720.00 2011 754 $ 392,965.00 2012 760 $ 411,265.00 2013*709 $ 403,729.35 *As of September 3, 2013. Some additional payments may be received prior to the Public hearing. Some accounts may have both a current delinquency and a discharged bankruptcy levy. This process starts with a letter to the customer notifying them that their account is past due and that the amount will be certified against their property taxes if not paid. Customers are given the opportunity to pay their outstanding bill without additional penalty prior to this certification. Some customers respond to this letter and pay their bills. Customers that do not pay after the first letter receive a second letter indicating that their account • will be certified for collection with property taxes following a public hearing. This letter details the process and legal authority for certification. The date, time and location for the public 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 hearing are included in this notice. Those customers that do not pay their account balances after receipt of this letter are included in the final assessment roll. Budget Issues: The utility bill payments help cover the cost of providing and maintaining the city's public water supply system. Strategic Priorities: • Financial Stability Attachments Resolution- Delinquent Utility Bills List of Levied Properties- Current Delinquencies List of Levied Properties- Discharged Bankruptcies The lists will be updated for the Council Meeting based on payments made prior to September 9, 2013 Council Meeting. Mission: Ensuring an attractive, .clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Curt Boganey From: Wilfried.Zehourou <Wilfried.Zehourou@target.com > Sent: Thursday, September 05, 2013 3:09 PM To: Curt Boganey Cc: Steve Lillehaug; Tom Leonhardt; wilfried.zehourou@gmail.com ; gabbieward@gmail.com Subject: Letter of appeal to City Council for hearing on 9/9 Greetings Mr. City Manager and Members of the City Council, Thank you for your service. We could not be with you in person tonight due to my evening MBA class at the University of Minnesota. My goal is to provide context to our situation and hope for an amicable resolution. I acknowledge and apologize for my delay in following up on resolving the matter. Timeline context: •My Wife and I moved to Brooklyn Center in May of 2010. The events below take place between May of 2010 and the summer of 2013. Key Issues: •City construction contractor crew damaged water/sprinkler line while installing new roads and extending walkways in my neighborhood in 2010. •Discovered the issue in the summer of 2011 when construction was completed and we attempted to turn our sprinklers back on •The city engineering office asked us to find a contractor to fix it, and they would reimburse us. That is what we did in late summer 2011, and received a reimbursement check in the Fall of 2011. 1 •We did not use the sprinkler system when it was repaired until we turned it on in the late summer of 2012 •About 20 days from when this happened we received a call from the city saying that our water bill had gone from $0 dollars to $300 plus dollars in 20 days. (The utility department has the details) •The conflict came in wherein we felt that the initial damage to our system is what caused the leak. The billing department said we they could do nothing about it since it went through the meter, and they could only do data logging for us once we shut off the valve. •Upon investigating, we discovered that the specific area of the front lawn was responsible for the leak. •My Wife and I decided not to put any more money towards the bill until the issue of the $300 was resolved. We felt the damage originated from the city and we didn't feel right paying for it, especially since everyone in the neighborhood was assessed thousands of dollars already for the construction project. •Due to the quarterly nature of the bills and our busy lives, we did fail to make adequate follow-up time with the city to resolve the issue in a timely manner. •We put money towards the system again this summer, and till this day one of the front sprinklers does not work and we are left frustrated as to what to do. There are no easy underground detection options. A lot of it comes down to labor hours and digging to find the trouble spot(s). The Asks: •We humbly ask that the fees assessed to our account be eliminated and that the city take care of the $300 charge, since we have already borne a great deal of inconvenience due to this issue. •We want to stress that this is not a matter of financial hardship. We are able to pay the full balance at a moment's notice. This is just a matter of principle. The construction was happening during our wedding in 2010 when we had family over, and the project dragged on into 2011 as well. Our neighborhood lawns were damaged, and even the pavement had to be redone. It was a nightmare scenario and we are obviously still dealing with some of the consequences. 2 • . As a gesture of good faith and goodwill, we have decided to deliver a check in the sum of $500 which the city should receive by 9/6. We will honor our end of the bargain and issue a payment for the full remaining balance upon the receipt of the council's decision if you should decide to reverse the fee assessments. We have largely enjoyed our time in Brooklyn center, our neighbors, and our neighborhood. The City Engineer, Tom Leonhardt, was very attentive and did his very best to try and alleviate the various issues by making several visits in person to check in on our neighborhood and make sure everything was ok. We would love to put this whole matter behind us, and we hope we can come to an agreement that works for all of the parties involved. We thank you for your time. Best Regards, Wil and Gabbie Zehourou Wilfried Zehouroi oss Sy I ()Target I 3701 Wayzata 1241 Minneapolis 07J110 3 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE HENNEPIN COUNTY PROPERTY TAX ROLLS WHEREAS, the records of the Utility Billing Division list certain accounts as delinquent as of June 30, 2013; and WHEREAS, the owners of the properties served by each delinquent account have been notified of the delinquency according to legal requirements; and WHEREAS, Minnesota Statutes 444.075 and 429.101, and City Ordinances Sections 4-105 and 4-201 authorize certification of such delinquent accounts to the County property tax rolls for collection; and WHEREAS, a special assessment roll, a copy of which is attached hereto and • made part hereof by reference, has been prepared by the City Clerk, tabulating those properties where a delinquent public utility account is to be assessed with the amount, including interest and service charges, to be assessed; and WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard, and passed upon all objections to the proposed assessments for delinquent utility service accounts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1.The special assessment roll of delinquent public utility accounts is hereby adopted . and certified as Levies No. 18408 and 18409 (bankruptcy). 2.The special assessments as adopted and confirmed shall be payable with ad valorem taxes levied in 2014, in one installment with interest thereon at six (6.0) percent per annum, and shall bear interest on the entire assessment from October 1, 2013 through December 31, 2014. 3. The owner of any property so assessed may at any time prior to the certification of the assessments to the Hennepin County Auditor pay the entire assessment to the City Treasurer, without interest, if the entire assessment is paid on or before October 10, 2013. From October 11, 2013, the owner may pay the entire assessment plus interest accumulated from October 11, 2013 through the date of payment. Such payments must be made by the close of business on November 27, 2013 or interest will be charged through December 31 of the succeeding year. RESOLUTION NO. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the Hennepin County Auditor to be extended on the property tax lists of the County, and such 'assessments shall be collected and paid over in the same manner as other municipal taxes. September 9, 2013 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. 0 Lu-J 0 ›-CL 0 (-DLUcc co00CD CO00CD0 as LU CD LU CC CD01 COr-I0t.0CDCD •1-, CD LU LU a_ a. 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I', V) V) I"-- V) r, r--- V) r, LC) Ln Ln oo Ln LO 03 03 c-1 (JD r-I Lr) c--1 U1 kr) NNNNNNNNNNNNNNNNNNNNNNOMONONN oo 0 d- oo co co (-.1d- co co t--- .-1 (IS cci ai M a;N LoLo co mN ..,—. N N LnEn- 69- 69 -C/1 tiA 0 City Council Agenda Item No. 9a COUNCIL ITEM MEMORANDUM DATE: September 9, 2013 TO: Curt Boganey, City Manager FROM: Tim Benetti, Planning and Zoning Specialist THROUGH: Gary Eitel, Director of Business and Development 1Az SUBJECT: Resolution Regarding Disposition of Planning Commission Application No. 2013-015 Submitted by the Luther Company, LLLP for Approval of Preliminary Plat of Bri-Mar Third Addition. Recommendation: It is recommended that the City Council, following consideration of this planning application item, adopt the Resolution Regarding Disposition of Planning Commission Application No. 2013-015 Submitted by the Luther Company, LLLP for Approval of Preliminary Plat of Bri-Mar Third Addition. Background: On August 29, 2013 the Planning Commission conducted a public hearing on Planning Commission Application No. 2013-015 submitted by the Luther Company, LLLP for full consideration of the Preliminary Plat and Final Plat of Bri-Mar Third Addition. Although the Planning Commission considered both elements of this plat, only the proposed preliminary plat is being presented to the City Council at this time. The final plat will be presented by the City Engineer at a future council meeting. Attached for review is Planning Commission Resolution No. 2013-16, in which the Commission provided a favorable recommendation of the preliminary and final plat of this subdivision. Excerpts from the August 29, 2013 Commission meeting minutes, as related to this consideration of this matter, are also attached. Budget Issues: There are no budget issues to consider. Strategic Priorities: • Focused Redevelopment Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2013-015 SUBMITTED BY THE LUTHER COMPANY, LLLP FOR APPROVAL OF PRELIMINARY PLAT OF BRI-MAR THIRD ADDITION WHEREAS, on October 17, 2011, the City Council for the City of Brooldyn Center approved the Final Plat of Bri-Mar Second Addition, which was the replat of five lots owned by The Luther Company, LLLP into two separate development lots (Lots 1 and 2, Block 1 Bri-Mar Second Addition), which were platted to benefit the 2008 Luther Brookdale Honda-Toyota Planned Unit Development; and WHEREAS, Planning Application No. 2013-015 was submitted by The Luther Company, LLLP requesting approval of a proposed Preliminary Plat and Final Plat of a new subdivision to be titled BRI-MAR THIRD ADDITION, which is a replat of three adjacent lots into an existing larger development lot occupied by the Luther Brookdale Honda dealership (located at 6800 Brooldyn Boulevard) and legally described as Lot 1, Block 1, Bri-Mar Second Addition; and WHEREAS, the Planning Commission held a duly called public hearing on August 29, 2013, whereby this subdivision plat item was given due consideration, a staff report was presented, and a public hearing was conducted to allow for public testimony regarding the preliminary plat of BRI- MAR THIRD ADDITION, which were received and noted for the record; and WHEREAS, the Planning Commission determined during the review of the preliminary plat materials submitted with Planning Application No. 2013-015, that said plat is in general conformance with City of Brooklyn Center's City Code Chapter 15 — Platting; and WHEREAS, upon completion of this public hearing and full consideration of this item, the Planning Advisory Commission of the City of Brooklyn Center adopted Planning Commission Resolution No. 2013-16, which provides a favorable recommendation to the City Council that the proposed Preliminary Plat of BRI-MAR THIRD ADDITION should be approved. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Planning Application No. 2013-015 as submitted by The Luther Company, LLLP requesting approval of a Preliminary Plat of a new subdivision to be titled BRI-MAR THIRD ADDITION is hereby approved, subject to the following conditions: 1. The recommendations and conditions as noted in the City Engineer's review memorandum, dated August 23, 2013 shall be complied with or completed prior to release of final plat for recording. 2. The final plat shall be subject to review and final approvals by the City RESOLUTION NO. Engineer, prior to release by the City for recording purposes. 3. An updated certified abstract of title or registered property report must be .provided to the City Engineer and City Attorney for review at least 30-days prior to the expected release of the final plat. September 9, 2013 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. MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA AUGUST 29, 2013 • CALL TO ORDER The Planning Commission Meeting was called to order by Chair Burfeind at 7:07 p.m. ROLL CALL Chair Scott Burfeind, Commissioners Benjamin Freedman, Michael Parks, and Stephen Schonning were present. Also present were Councilmember Carol Kleven, Secretary to the Planning Commission Tim Benetti, Director of Business & Development Gary Eitel, and Planning Commission Recording Secretary Rebecca Crass. Randall Christensen and Carlos Morgan were absent and excused. APPROVAL OF MINUTES —AUGUST 15, 2013 There was a motion by Commissioner Schonning, seconded by Commissioner Freedman to approve the minutes of the August 15, 2013 meeting as submitted. Motion passed unanimously. CHAIR'S EXPLANATION Chair Burfeind 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. APPLICATION NO. 2013-015 — THE LUTHER COMPANY, LLLP Chair Burfeind introduced Application No. 2013-015, a request for Preliminary and Final Plat approval of BRI-MAR THIRD ADDITION, as part of the First Amendment to the 2008 Luther Brookdale Honda-Toyota Planned Unit Development located at 4007, 4001 and 3955 69 th Avenue North (refer to Planning Report dated 8-29-13 on Application No. 2013-015). Mr. Benetti explained the Luther Company is requesting consideration of a new plat to be titled BRI-MAR THIRD ADDITION consisting of three separate properties addressed as 4007, 4001 and 3955 69 th Avenue North. He added the parcels will be combined with the adjacent Luther property addressed 6800 Brooklyn Boulevard. Mr. Benetti briefly described the history of the properties as part of the overall Planned Unit Development for the Luther properties and pointed out both the preliminary plat and final plat were being considered for approval with the application. PUBLIC HEARING — APPLICATION NO. 2013-015 There was a motion by Commissioner Schonning, seconded by Commissioner Freedman, to open the public hearing on Application No. 2013-015, at 7:12 p.m. The motion passed unanimously. PC Minutes 8-2913 Page 1 Chair Burfeind called for comments from the public. No One appeared for the public hearing. CLOSE PUBLIC HEARING There was a motion by Commissioner Schonning, seconded by Commissioner Freedman, to close the public hearing on Application No. 2013-015. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to the approval of the Application. Commissioner Freedman asked if there had been any further concerns by the neighbors. Mr. Benetti replied the neighbors met recently with the applicant and city staff to address their concerns, primarily on lighting and screening issues, which staff will update the Commission under review of the following Application No. 2013-016 (Final Development/Site Plan). There were no further comments from Commissioner Freedman or the other commissioners. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2013-16 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2013-015 SUBMITTED BY THE LUTHER COMPANY, LLLP FOR APPROVAL OF PRELIMINARY PLAT AND FINAL PLAT OF BRI-MAR THIRD ADDITION There was a motion by Commissioner Schonning, seconded by Commissioner Freedman, to approve Planning Commission Resolution No. 2013-16. Voting in favor: Chair Burfeind, Commissioners Freedman, and Schonning And the following voted against the same: Parks The motion passed. The Council will consider the application at its September 9, 2013 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. 2013-016 - THE LUTHER COMPANY LLLP Chair Burfeind introduced Application No. 2013-016, a request for final Development Plan/Site and Building Plan approval for the First Amendment to the 2008 Luther l3rookdale Honda-Toyota Planned Unit Development (refer to Planning Report dated 8-29-13 on Application No. 2013- 016). Mr. Benetti stated the development/site plan review involves the three adjacent former residential properties (4007, 4001 and 3955 69 th Avenue North) which will be used for additional parking and storage of vehicles and consists of 1.78 acres in total land -area. Mr. Benetti further provided a brief review of the PUD approvals from 2008 and 2011 and reviewed requirements PC Minutes 8-29-13 Page 2 r K io•IIROO LYN CENTER .7 Planning Commission Report Meeting Date: August 29, 2013 e Application Filed: 07/30/13 O Review Period (60-day) Deadline: 09/29/13 O Extension Declared: N/A O Extended Review Period Deadline: N/A Application No. 2013-015 Applicant: The Luther Company, LLLP Location: 3955, 4001 & 4007— 69 th Avenue North Request: Preliminary and Final Plat of BRI-MAR THIRD ADDITION INTRODUCTION The Luther Company is requesting consideration of a new plat to be titled BRI-MAR THIRD ADDITION. The plat consist of three separate properties, 3955, 4001 & 4007 — 69 th Avenue North, which are to be joined or incorporated into the adjacent Luther Brookdale Honda dealership property, located at 6800 Brooklyn Boulevard. The preliminary plat item requires a public hearing, while the final plat typically needs a general or cursory review by the Planning Commission. Because this plat reflects a simple combination of lots under single-ownership, Planning Staff chose to take these plat items together to expedite the review process and accommodate Luther's development schedules. A public hearing is scheduled for this item, and notices were mailed to all surrounding property owners within 350- feet of the affected properties. • PRELIMINARY PLAT ANALYSIS The original Luther Company Planned Unit Development for these auto dealership sites was created and approved July 28, 2008, when the City Council adopted Resolution No. 2008-81, which in effect approved the new PUD/C2 Zoning and Development Plan for the sites. On June 13, 2011, the City adopted Resolution No. 2011-92, which approved an amended development plan to the 2008 PUD, and approved the preliminary plat of Bri-Mar Second Addition. The final plat for the same was subsequently approved by the City October 17, 2011. This Bri-Mar Second basically replatted the original Bri-Mar Addition and adjacent residential properties into two new larger lots for the Luther Brookdale Honda and Toyota dealership sites as seen today. These lots are recognized as Lots 1 and 2, Block 1, Bri-Mar Second Addition. Lot 1 contains the Honda dealership, and consists of 8.42 acres. Lot 2 contains the Toyota dealership and consists of 8.04 acres. With the added three parcels (2 acres of land area) into the Lot 1 area, the overall lot size increases to 10.42 acres. As was noted in previous Planning Commission Reports related to this new PUD amendment, the additional lot area is only to be used for vehicle parking and storage for the Honda dealership site. The additional lot area is planned to be screened and landscaped, which is addressed in Planning Report for Application No. 2013-014. App. No. 2013-015 PC 08/29/2013 Page 1 The three properties to be incorporated into the Honda lot have been approved for rezoning, from their original R3 Multiple Family Residence to PUD/C2—Planned Unit Development/Commerce. The preliminary plat also indicates the original residential lots were created or platted under Registered Land Surveys or Auditor's Subdivision plats, which were old historical and alternative means of laying out, platting or identifying lots and parcels of land. These lots further indicate that they are platted up to the former middle centerline of 69 th Avenue North. The hatched area illustrated on the preliminary plat is to be dedicated to the City for right-of-way purposes. Other easements will also be created (extended) and dedicated under this new plat. The Developer also intends to vacate a 10-foot wide drainage and utility easement along the far, northeast edge Lot 1 Block 1, Bri-Mar Second, which is no longer needed due to the addition of the three parcels into this lot. The new 10-foot D&U easements will be extended and dedicated around the outer perimeters. 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. FINAL PLAT REVIEW Upon completion of a typical preliminary plat application, the Developer submits a separate final plat application to the City Engineer, which is then presented to the Planning Commission for recommendation. • At times this review is separated by weeks even months, due to the lag-time developers usually experience in completing or resolving land title (legal) issues, and making sure all site issues have been successfully completed or worked out with city staff. The Planning Commission's role under the final plat review is to ensure that the plat conforms to the previously approved preliminary plat. This preliminary plat is relatively simple in design and purposes, and Staff therefore believes this preliminary and final plat can be approved jointly. The final plat of Bri-Mar Third Addition is included with this report, which demonstrates it will be in general conformance with the preliminary plat. Furthermore, all necessary easements are shown to be dedicated, along with the right-of-way area in the adjacent 69 th Avenue North corridor. Staff feels this final plat may be given a favorable recommendation of approval. RECOMMENDATION Staff recommends the Planning Commission adopt the attached Resolution No. 2013-16, which comprehends the approval of Planning Application No. 2013-015, the Preliminary Plat and Final Plat of BRI-MAR THIRD ADDITION, subject to the following conditions: 1. The recommendations and conditions as noted in the City Engineer's review memorandum, dated August 23, 2013 shall be complied with or completed prior to release of final plat for recording. App. No. 2013-012 PC 07/25/2013 Page 2 2.The final plat shall be subject to review and final approvals by the City Engineer, prior to release by the City for recording purposes. 3.An updated certified abstract of title or registered property report must be provided to the City Engineer and City Attorney for review at least 30-days prior to the expected release of the final plat. ATTACHMENTS o Planning Commission Resolution No. 2013.16 G City Engineer's Review Memo (dated 08/22/13) O Preliminary Plat of BRI-MAR THIRD ADDITION O Final Plat of BRI-MAR THIRD ADDITION App. No. 2013-012 PC 07/25/2013 Page 3 Commissioner Schonning introduced the following resolution and moved its adoption PLANNING COMMISSION RESOLUTION NO. 2013-16 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2013-015 SUBMITTED BY THE LUTHER COMPANY, LLLP FOR APPROVAL OF PRELIMINARY PLAT AND FINAL PLAT OF BRI-MAR THIRD ADDITION WHEREAS, on October 17, 2011, the City Council for the City of Brooklyn Center approved the Final Plat of Bri-Mar Second Addition, which was the replat of five lots owned by The Luther Company, LLLP into two separate development lots (Lots 1 and 2, Block 1 Bri-Mar Second Addition), which were specifically platted and created for the 2008 Luther Brookdale Honda-Toyota Planned Unit Development; and WHEREAS, Planning Application No. 2013-015 was submitted by The Luther Company, LLLP requesting approval of a Preliminary Plat and Final Plat of a new subdivision to be titled BRI-MAR THIRD ADDITION, which is a replat of three lots into an existing larger development lot occupied by the Luther Brookdale Honda dealership, legally described as Lot 1, Block 1, Bri-Mar Second Addition and located at 6800 Brooklyn Boulevard; and WHEREAS, the Planning Commission held a duly called public hearing on August 29, 2013, whereby this item was given due consideration, a staff report was presented, and a public hearing was conducted to allow for public testimony regarding the preliminary plat of BRI-MAR THIRD ADDITION, which were received and noted for the record; and WHEREAS, the Planning Commission determined during the review of the preliminary plat materials submitted with Planning Application No. 2013-015, that said plat is in general conformance with City of Brooklyn Center's City Code Chapter 15 — Platting; and AND WHEREAS, The Luther Company, LLLP also submitted application for the Final Plat of BRI-MAR THIRD ADDITION, which affirms the intended replat of the three lots into the larger Luther Brookdale Honda dealership parcel; and WHEREAS, the Planning Commission also considered the Final Plat of BRI-MAR THIRD ADDITION at the August 29, 2013 meeting; and WHEREAS, the Planning Commission determined during its review that said final plat to be in general confoimance with the Preliminary Plat of BRI-MAR THIRD ADDITION, that all conditions have been or will be met by The Luther Company, LLLP prior to the release by the City of the final plat for recording purposes; and the final plat is in general conformance with City Code Chapter 15 — Platting. 1 of 2 NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council of the City of Brooklyn Center, that the Preliminary Plat and Final Plat of BRI-MAR THIRD ADDITION, as submitted by The Luther Company, LLLP, be approved, subject to the following conditions: 1.The recommendations and conditions as noted in the City Engineer's review memorandum, dated August 23, 2013 shall be complied with or completed prior to release of final plat for recording. 2.The final plat shall be subject to review and final approvals by the City Engineer, prior to release by the City for recording purposes. 3. An updated certified abstract of title or registered property report must be provided to the City Engineer and City Attorney for review at least 30- days prior to the expected release of the final plat. August 29, 2013 Date ATTEST: ,,---1/72W Secretary The motion for the adoption of the foregoing resolution was duly seconded by member Freedman and upon vote being taken thereon, the following voted in favor thereof: Chair Burfeind, Commissioners Freedman and Schonning. and the following voted against the same: Parks whereupon said resolution was declared duly passed and adopted. 2 of2 MEMORANDUM DATE: August 23, 2013 TO: Tim Benetti, Planning and Zoning Specialist FROM: Steven J. Jankowski, Assistant City Engineer SUBJECT: Preliminary Plat and Site Plan Review — Luther Brookdale Honda Parking Expansion, Bri Mar 3rd Addition The Public Works Department staff has reviewed the following plan sheets which have been prepared by Landform and are dated July 30, 2013: C-001 Civil Title Sheet C-101 Existing Conditions C-102 Demolition C-200 Site Plan Overall C-201 Site Plan Enlarged C-301 Grading, Drainage, Paving & Erosion Control C-302 SWPPP Notes C-401 Utilities C-501 Preliminary Plat C-701 Civil Construction Details E-201 Photometrics L-201 Landscape Plan These submissions have been prepared for a vehicle storage addition of the Luther Honda site located at 6800 Brooklyn Boulevard. It is understood that the proposed parking is for vehicle storage and is not to be construed or used as public parking since it does not meet the City standards for public parking. The submission also includes a July 30, 2013, letter from Steven Sabraski which included acknowledgements and responses to comments contained in a City PUD Site Plan review memo dated July 2, 2013. The conditions listed in the previous memo and acknowledged in Mr. Sabraski's July 30, 2013, letter are reiterated for convenient reference. The following comments are offered. Plan Items 1.The final construction plans must be certified by a licensed engineer in the state of Minnesota and forwarded to the City Engineer for approval. 2.A detailed plan showing the specific, dimensioned location of the fence/wall and a fence detail must be submitted and approved. This is a required plan approval element. 3. Sheet C-102 Demolition plan — Revise plan to depict the sanitary sewer and water service removal and disconnection details for the three former residential lots. Restoration details of the disturbed areas must also be included in the plans. Details must include removing and plugging the sanitary sewer service at the sewer main or as approved by the City and disconnecting and shutting the corporation stop of the water service at the main. Public Works Site Plan Review - Luther Brookdale Honda Parking Expansion Page 2 August 23, 2013 4.Sheet 102-C Demolition plan — As a part of the noted driveway removal, a note should be added requiring the sidewalk to be restored to the satisfaction of the City Engineer. 5.Sheet C-102 Demolition plan — Preserve the 5-inch oak tree located near the northeast corner of the site. If unable to preserve this tree, provide provisions to transplant this tree on an adjacent property (adjacent area on City property is available). 6.Sheet C-102 Demolition plan — The note pertaining to the removal of the existing well and pump shall be modified to require that this well be abandoned in accordance with the State of Minnesota well code. A copy of the abandonment report shall be submitted to the Minnesota Department of Health .and a copy sent to the City. 7.Sheet C-301- The limits of the asphalt pavement transition extends only several feet from the replaced curb. A note should be added stating that the limits of the pavement transition shall be determined by the City upon completion of the curb replacement and sewer and water service abandonments. This may result in a single large patch covering the entire disturbed area. 8.Sheet C-301 — A note should be added indicating that the maximum permitted slope shall beno greater than 1:3 in the southwest corner of the site. A retaining wall must be added if this slope cannot be maintained. 9.Sheet C-401 — Identify where the Skimming Device illustrated as Detail 1 is to be located. 10.Sheet C-701 Civil Construction Details — Where Standard City details are available; they should be utilized. Detail 5 should be eliminated as it is covered by Detail 6; Detail 7 should be replaced with City Standard plates 301 and 304; Standard Detail 8 should be replaced with City Standard Detail 306. 11.All work and materials must conform to the City of Brooklyn Center's standard specifications and details. The City's standard details must be included in the final site plans. 12.This development is required by the Shingle Creek Watershed Management Commission to meet rate, quality, and volume requirements for the portion of the site disturbed. The City will provide review for meeting these requirements. 13.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 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. 14.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. 15.The applicant shall be responsible for coordinating site development plans with all private utility companies (Xcel Energy, CenterPoint Energy, Qwest Communications, Comcast, etc.). Public Works Site Plan Review - Luther Brookdale Honda Parking Expansion Page 3 August 23, 2013 Easements, Agreements and Platting 16.The applicant will be required to plat all parcels and combine with the adjacent Luther lot. A plat which proposes a 10-ft drainage and utility easement around the perimeter of the property has been submitted to the City and is being processed. 17.Sheet C-501 parcels within 100 feet need to identify ownership. 18.Sheet C-501topographic data needs to be extended to areas within 300 feet of the plat boundary. 19.Sheet C-501 front and side yard building setback lines need to be added. 20.A Declarations of Covenants and Restrictions Agreement is required that includes all conditions of the PUD project approval. 21.A development/subdivision agreement will be required that includes all conditions of the project approval, subject to the final site plan approval by the City Engineer. 22. 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. A $2,500 deposit will be required as part of the non-compliance provision. 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. 23. A Performance Agreement is required that includes all conditions of the project approval, subject to the final site plan approval by the City Engineer. 24.An overall Easement Agreement is required that will provide the City perpetual accessibility to all private utilities and storm drainage areas to inspect and enforce proper utility service and maintenance for the entire site. This easement agreement also includes private inspection, maintenance, and reporting responsibilities. Shop drawings and operation/maintenance manuals for the storm water treatment facility must be provided to the City for review and approval and as a final deliverable. 25.Private site appurtenances (e.g. light poles, signs etc.) shall not encroach into public easements. If such an encroachment exists and is determined by the City to be not adverse to the public interest, such encroachments will require an Encroachment Agreement. Anticipated Permitting 26.A City of Brooklyn Center land disturbance permit is required. 27.A City of Brooklyn Center demolition permit is required for the removal of the existing residence. 28.A City of Brooklyn Center water and sewer disconnect/connection permit is required. 29.A City of Brooklyn Center driveway permit is required to remove the three driveway aprons. 30. A Minnesota Pollution Control Agency NPDES storm water construction permit is required. Public Works Site Plan Review - Luther Brookdale Honda Parking Expansion Page 4 Angust 23, 2013 31.Other permits not listed herein may be required. It is the responsibility of the Applicant to obtain such permits as warranted. Prior to Issuance of Land Alteration and/or Building Permit 32.Copies of all required permits must be provided to the City. 33.Final construction plans and specifications must be submitted and approved by the City Engineer. 34.A letter of credit or cash escrow must be deposited with the City in the amount of 100% of the estimated cost determined by the City to comply with land alteration requirement, site improvement, and restoration of the site. The City may reduce that amount of the surety if work is completed and accepted. 35.An executed Construction Management Plan and Agreement must be provided and the associated separate $2,500 cash escrow must been deposited with the City, which is for the non-compliance provision. 36.An executed easement agreement must be provided. 37.Submit a recorded copy of the Restrictive Covenants and Development Agreement. 38.Provide a recorded copy (PDF) of the final plat and easement vacations. 39. A preconstruction conference shall be scheduled and held with City staff and other • entities designated by the City. 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 and site plan must be developed and maintained in substantial conformance with the referenced plans, unless modified per the staff recommended conditions above. Subsequent approval of the final plan 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. - • .:. • ,,,, _ 2.1....;., ,•,-;,3-e,, .T.:1-:'. - ,.,`''Tki-:)...,:-.T<:,. . v ._ ::.i.'':••'' '::. 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Agenda Item No. 9h COUNCR, ir-EM OT, dORANDU DATE: TO: FROM: THROUGH: SUBJECT: September 9, 2013 Curt Boganey, City Manager Tim Benetti, Planning and Zoning Specialist Gary Eitel, Director of Business and Development / Resolution Regarding Disposition of Planning Commission Application No. 2013-016 Submitted by the Luther Company, LLLP Requesting Final Development/Site Plan Approval of the Vehicle Parking and Storage Area Comprehended Under the First Amendment to the 2008 Luther Brookdale Honda- Toyota Planned Unit Development Recommendation: It is recommended that the City Council, following consideration of this planning application item, adopt the Resolution Regarding Disposition of Planning Commission Application No. 2013-016 Submitted by the Luther Company, LLLP Requesting Final Development/Site Plan Approval of the Vehicle Parking and Storage Area Comprehended Under the First Amendment to the 2008 Luther Brookdale Honda-Toyota Planned Unit Development. Background: On August 29, 2013 the Planning Commission conducted a public hearing on Planning Commission Application No. 2013-016 submitted by the Luther Company, LLLP for Site and Building approval. Attached for review is Planning Commission Resolution No. 2013-17, in which the Commission provided a favorable recommendation of the Site and Building Plan. Excerpts from the August 29, 2013 Commission meeting minutes, as related to this consideration of this matter, are also attached. Budget Issues: There are no budget issues to consider. Strategic Priorities: • Focused Redevelopment Mission: Ensuring an attractive, clean, see, inclusive community that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2013-016 SUBMITTED BY THE LUTHER COMPANY, LLLP REQUESTING FINAL DEVELOPMENT AND SITE PLAN APPROVAL OF THE VEHICLE PARKING AND STORAGE AREA COMPREHENDED UNDER THE FIRST AMENDMENT TO THE 2008 LUTHER BROOKDALE HONDA-TOYOTA PLANNED UNIT DEVELOPMENT WHEREAS, Planning Application No. 2013-016 was submitted by The Luther Company, LLLP ("Developer"), requesting approval of a Final Development and Site Plan of a proposed vehicle parking and storage area for the Luther Brookdale Honda automobile dealership facility, located at 6800 Brooldyn Boulevard ( the "Subject Property"), and which is also considered the First Amendment to the 2008 Luther Brookdale Honda-Toyota Planned Unit Development; and WHEREAS, the Planning Commission held a public meeting on August 29, 2013, to fully consider Planning Application No. 2013-016, and reviewed and received a planning report on the proposed Final Development Plan/Site Plans for the proposed 1.78 acre addition to the existing Luther Brookdale Honda development and other related site improvements; and WHEREAS, in light of all testimony received, and utilizing the guidelines for evaluating the final development plan of a planned unit development as contained in Section 35-355 (Planned Unit Development) and the site plan as contained in Section 35-230 (Plan Approval) of the •City's Zoning Ordinance, along with consideration of the goals and objectives of the Comprehensive Plan, the Planning Commission considered this Final Development and Site Plan for the new Luther Brookdale Honda vehicle parking and storage area, and determined it to be an appropriate and reasonable redevelopment of the Subject Property; and WHEREAS, the Planning Advisory Commission of the City of Brooklyn Center did thereby adopt Planning Commission Resolution No. 2013-17, which provides a favorable recommendation to the City Council that the proposed Final Development and Site Plan of the vehicle parking and storage area for the Luther Brookdale Honda automobile dealership facility, should be approved. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn. Center that the Final Development Plan and Site Plan comprehended under Planning Application No. 2013-016, meets or will attain the following considerations: 1. The Final Development/Site Plan is compatible with the standards, purposes and intent of the City's Zoning Ordinance; 2. The Final Development/Site Plan on the Subject Site will facilitate the RESOLUTION NO. redevelopment and improvement of this site, which allows for the utilization of the land in question in a manner that is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surounding land; 3.The improvements and utilization of the property as proposed under the Final Development/Site Plan of this site is considered a reasonable use of the property and will conform with ordinance standards; 4.The Final Development/Site Plan proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city; 5.The Final Development/Site Plan proposal appears to be a good long range use of the existing land and this proposed development can be considered an asset to the community; and 6.Based upon the above considerations, it is believed that the guidelines for evaluating and approving a Site and Building Plan as contained in Section 35- 230 (Plan Approval) of the City's Zoning Ordinance are met and the site proposal is, therefore, in the best interest of the community. NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Planning Application No. 2013-016 as submitted by The Luther Company, LLLP, which comprehends the Final Development Plan and Site Plan of a proposed vehicle parking and storage area for the Luther Brookdale Honda automobile dealership facility, and which is considered the First Amendment to the 2008 Luther Brookdale Honda-Toyota Planned Unit Development, is hereby approved, subject to the following conditions: 1.The Developer shall submit for future Planning Commission review the final screening wall design. No part of this vehicle parking/storage area will be allowed to be used until such time as the screening wall is in place and accepted by the City. 2.The buffer areas located inside and outside of the screen walls shall be properly maintained by Luther Brookdale Honda, including grass trimming, weed removal, mulch bed maintenance, and tree trimming (when needed). The buffer areas shall include underground irrigation systems, both inside and outside the wall, and within the boulevard area along 69 th Avenue North. 3. The Developer must protect the city-owned 25-inch white oak tree and other trees and shrubs located in the city's 69 th Avenue North right-of-way. The RESOLUTION NO. Developer will be required to protect these trees during construction and must make efforts to ensure these trees are not damaged during construction. Trimming of these trees or shrubs is permitted. If any city-owned material must be removed, the Developer must first receive city approval and the opinion from the City Forester. 4.The Developer will ensure that lighting is maintained or directed downward on their site, and immediate measures will be taken to address or respond to any complaints from neighboring property owners. 5.All conditions noted in the City Engineer's Review Memorandum (dated 08/23/2013) and all other subsequent or updated conditions required by the City Engineer are submitted and/or fulfilled. 6.The Developer shall submit an as-built survey of the property, improvements and utility service lines prior to release of any current or updated performance guarantee. 7.The Developer shall enter into a PUD agreement with the City of Brooklyn Center to be reviewed and approved by the City Attorney prior to the issuance of building permits. September 9, 2013 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. MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA AUGUST 29, 2013 CALL TO ORDER The Planning Commission meeting was called to order by Chair Burfeind at 7:07 p.m. ROLL CALL Chair Scott Burfeind, Commissioners Benjamin Freedman, Michael Parks, and Stephen Schonning were present. Also present were Councilmember Carol Kleven, Secretary to the Planning Commission Tim Benetti, Director of Business & Development Gary Eitel, and Planning Commission Recording Secretary Rebecca Crass. Randall Christensen and Carlos Morgan were absent and excused. APPROVAL OF MINUTES —AUGUST 15, 2013 There was a motion by Commissioner Schonning, seconded by Commissioner Freedman to approve the minutes of the August 15, 2013 meeting as submitted. Motion passed unanimously. CHAIR' S EXPLANATION Chair Burfeind 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. APPLICATION NO. 2013-015 — THE LUTHER COMPANY, LLLP Chair Burfeind introduced Application No. 2013-015, a request for Preliminary and Final Plat approval of BRI-MAR THIRD ADDITION, as part of the First Amendment to the 2008 Luther - Brookdale Honda-Toyota Planned Unit Development located at 4007, 4001 and 3955 69 th Avenue North (refer to Planning Report dated 8-29-13 on Application No. 2013-015). Mr. Benetti explained the Luther Company is requesting consideration of a new plat to be titled BRI-MAR THIRD ADDITION consisting of three separate properties addressed as 4007, 4001 and 3955 69 th Avenue North. He added the parcels will be combined with the adjacent Luther property addressed 6800 Brooklyn Boulevard. Mr. Benetti briefly described the history of the properties as part of the overall Planned Unit Development for the Luther properties and pointed out both the preliminary plat and final plat were being considered for approval with the application. PUBLIC HEARING — APPLICATION NO. 2013-015 There was a motion by Commissioner Schonning, seconded by Commissioner Freedman, to open the public hearing on Application No. 2013-015, at 7:12 p.m. The motion passed unanimously. PC Minutes 8-29-13 Page 1 Chair Burfeind called for comments from the public. No one appeared for the public hearing. CLOSE PUBLIC HEARING There was a motion by Commissioner Schonning, seconded by Commissioner Freedman, to close the public hearing on Application No. 2013-015. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to the approval of the Application. Commissioner Freedman asked if there had been any further concerns by the neighbors. Mr. Benetti replied the neighbors met recently with the applicant and city staff to address their concerns, primarily on lighting and screening issues, which staff will update the Commission under review of the following Application No. 2013-016 (Final Development/Site Plan). There were no further comments from Commissioner Freedman or the other commissioners. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2013-16 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2013-015 SUBMITTED BY THE LUTHER COMPANY, LLLP FOR APPROVAL OF PRELIMINARY PLAT AND FINAL PLAT OF BRI-MAR THIRD ADDITION There was a motion by Commissioner Schonning, seconded by Commissioner Freedman, to approve Planning Commission Resolution No. 2013-16. Voting in favor: Chair Burfeind, Commissioners Freedman, and Schonning And the following voted against the same: Parks The motion passed. The Council will consider the application at its September 9, 2013 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. 2013-016 - THE LUTHER COMPANY, LLLP Chair Burfeind introduced Application No. 2013-016, a request for final Development Plan/Site and Building Plan approval for the First Amendment to the 2008 Luther Brookdale Honda-Toyota Planned Unit Development (refer to Planning Report dated 8-29-13 on Application No. 2013- 016). Mr. Benetti stated the development/site plan review involves the three adjacent former residential properties (4007, 4001 and 3955 69 th Avenue North) which will be used for additional parking and storage of vehicles and consists of 1.78 acres in total land area. Mr. Benetti further provided a brief review of the PUD approvals from 2008 and 2011 and reviewed requirements PC Minutes 8-29-13 Page 2 for the site including setbacks, screening, utilities, landscaping, and lighting related to the proposed vehicle storage/parking improvements. Mr. Benetti provided further screening and lighting details and stated the proposed plans should address any previous concerns the neighbors had regarding glare onto their properties and the location of the buffer from 69 th Avenue North. He added the applicant has provided adequate measures to help mitigate impacts caused by this new development, including appropriate buffering on .the property with the 8-ft. and 10-ft. fence being proposed. Mr. Benetti also provided information on the underground storage system being installed to infiltrate water run- off in lieu of a ponding area which has been used successfully in some of the applicant's other properties. The Chair called for further discussion or questions from the Commissioners. Commissioner Parks asked why the applicant needs the under water storage on the site. Mr. Benetti replied it is an alternative to a Ponding area. Commissioner Parks asked why they are not installing an impervious surface rather than hard surface and he asked what happens to the Water after it is contained underground. Mr. Benetti replied the storm water runoff is captured in various storm intakes located throughout the parking area, which feeds into the underground grid storage containment facility. The water is then held and is able to slowly percolate through the bottom rock layered filtration system, whereby the system helps remove all the dirt and grit from water and clean Water filters back to the ground. In the event of abnormal or high rainfall periods or should the system become full, there is an emergency discharge line that runs out to the city storm sewer system under 69 th Avenue N. The eventual outflow of this water discharges to the Palmer Lake system to the northeast. Commissioner Parks asked why they are filtering in into the ground, why not catch it on top above an impervious soft surface and wait for it to percolate back down. Mr. Benetti replied that could have been an option but the applicant chose this option. He added the city engineer and local watershed (Shingle Creek Watershed) has reviewed and approved the proposed system. Mr. Steve Sabraski, consulting Project/Design Engineer with Landform for The Luther Company and this project, responded by explaining if an infiltration system with an impervious surface area was added, a treatment of one inch water run-off would be required. He added the system proposed is one way to accomplish this and it is the most efficient. If there were a system above ground, they would need an impervious surface which could be more expensive. He added it also helps facilitate snow removal on the site. Commissioner Parks asked the applicant why they plow the snow on a back lot when it just melts and runs off. Mr. Sabraski replied they need to access the cars in the back lots even in the winter. Commissioner Parks responded: "Really? Even in the winter you are going to plow after every two inch snow fall?" Mr. Sabraski replied yes, like any other business they will need to remove this snow to keep the site accessible and that this underground system is an approved infiltration system and the one they have chosen for this site. PC Minutes 8-29-13 Page 3 Commissioner Parks asked the applicant why they would propose this type of system in a time of drought when it is only for an overflow parking area. He further asked why they can't park vehicles on the grass since everybody else does it. He further stated "You seem to think it is important to pave over every single part of your property and you want to keep that water in one place and you don't want it to go straight to the aquifer. I want to see you put in an impervious system." Mr. Sabraski replied this system meets the requirements of the watershed and is the most efficient and cost effective. They have them all over town and are comfortable with using this product on this site. Mr. Gary Eitel replied to Commissioner Park's comments and stated Luther has a system like this at the 6701 Brooklyn Boulevard site (Luther Chevrolet) and it has been successful. He added in Brooklyn Center you cannot park on a pervious system such as grass, since this would be in violation of city ordinances. Mr. Eitel continued with this system the applicant is achieving what is required by the watershed. He added in the winter even if the snow melts off a car, if falls onto frozen ground and just sits there and this system will still function even in the winter and can hold a two inch rainfall. He added 20 percent of the property is maintained as green space and it meets the standards. Commissioners Parks stated our community is not good enough for Luther to spend more money on the site and they would if this was in Wayzata. Mr. Eitel replied the applicant is meeting the standards and if the Commission does not agree with the standards, they should consider changing them. Commissioner Parks stated we should consider the impact of the • water run-off and not recharging the city's aquifer. Mr. Eitel replied Brooklyn Center's drinking water comes from the Jordan aquifer, which is over 300-400 feet down below the ground and is actually recharged in southwestern Minnesota. The water run-off and seepage from this system will only affect or replenish the immediate subsurface ground water layers. No part of this storm-water runoff should actually reach the aquifer. Commissioner Parks stated he feels this site it is not treating the area with green standards. Mr. Eitel replied the City of Brooklyn Center does not have a green ordinance to enforce. Commissioner Parks replied the applicant can choose to use green standards or materials if they want. He added if we don't ask them to, then they won't and if they don't have a conscience, they will continue to do what they want and not use newer technologies available. Linda McGinty, representing the Luther Company, stated this is not the first time they have been asked to use pervious pavement. She added no community has allowed them to park on the grass mostly because vehicles leak fluids and they don't want those fluids to go into the soil or groundwater. Ms. McGinty further explained pervious pavers and pavement has not been proven to be efficient and they are not used extensively in Minnesota due to freezing and thawing. She added the contraction process causes the pavement to break up sooner since it has more room for PC Minutes 8-29-13 Page 4 water and dirt to fall through and become trapped which causes problems for vehicle parking and pedestrian traffic. She also stated the paver system requires annual maintenance and has to be vacuumed because of spacing and they can break up and cause a safety issue with employees and customers walking on the lot.' Ms. McGinty further explained the surface is not smooth and in the winter time they have to plow storage lots because employees and customers will drive and walk on the entire lot and they must be maintained to the best of their ability for safety. She added cars from the storage area are sold and have to be moved which means employees have to be able to access the lot at all times. Commissioner Parks continued to ask Ms. McGinty why they don't use pervious pavers. Ms. McGinty stated they choose to not use pavers on their property and this system is approved by the watershed. She added they do not consider themselves to be bad neighbors because of this. Commissioner Parks asked why they cut down trees. Ms. McGinty replied they removed trees that would be in the way of the parking lot and they were replaced with other trees. She added they will remove trees if they propose an issue of dropping sap and branches. Commissioner Parks continued by asking, "so that is why you cut down big trees and replace with small trees?" Ms. McGinty stated they replace trees that are removed with large trees that will grow and mature. Commissioner Parks stated, "so you will plant trees and cut them down when they get too big." Ms. McGinty explained they plant trees in the appropriate place that will not damage vehicles. She asked Commissioner Parks for clarification on his question. Was he asking if they evaluated the location of every tree On the property? Commissioner Parks asked if they don't do that, are they really thinking green or are they thinking pavement? He added if the tree gets in the way, who is going to win, the pavement? Ms. McGinty replied if a tree is in an inappropriate location, it may be removed. She added they are expanding because they have a definite business need. Commissioner Parks stated Luther is more concerned with money than being green and they are not a good neighbor to the community. Ms. McGinty responded by stating they always follow the rules to be a. good business neighbor and this is the first she has heard of this from Commissioner Parks. She added she previously invited him to contact her regarding his concerns and he did not. Commissioner Parks stated the issue is they are providing landscaping plans and he's not sure if the plan will be followed or not. Ms. McGinty replied if they provide a plan that meets the requirements, they will meet or exceed that plan. Commissioner Parks asked what happens if you do not meet the requirements? PC Minutes 8-29-13 Page 5 Mr. Benetti explained the City holds a performance bond to insure the site is developed as approved and meets all requirements. He added the City feels the screening and landscaping plan is adequate and meets the concerns of the neighbors and if the site does not meet the requirements, the city can withhold the performance bond. Commissioner Parks stated he sees a 20 ft. light pole and 6 ft. tree but how does that buffer? He added they are showing green around the lot but Mr. Benetti said something about a sound wall. Ms. McGinty responded along the south side there will be 10 ft. high screening and along the north and east side it will be 8 ft. high. Commissioner Parks asked why they are reducing the setback from the street. Mr. Benetti responded the new parking site meets the required setbacks (15-feet) from the street (69 t1i Avenue) and the other areas of the site do not, which under a PUD consideration and proposal developers can ask for certain allowances or reductions of this nature. The initial PUD site layout plan was previously presented with these reduced buffers and setbacks when the rezoning of this site from R3 Multiple Family Residence to PUD/C2 (under Planning Application No. 2013-010) was considered by the Planning Commission and approved by the City Council, with the understanding a wall would be installed to help buffer. The reduced setback simply allows the Applicant more space to store or park cars. Commissioner Parks asked what about the neighbors. Ms. McGinty replied no one has complained and this is a much improved buffer. Commissioner Parks stated but right now there is no parking there. Ms. McGinty replied the current fence is not adequate to screen. Commissioner Parks asked then why the reduced setback on the south end? Ms. McGinty again stated it has to do with storage of vehicles. Commissioner Parks stated that area has rental units bordering the property and it is easy to take advantage of rental housing since they come and go and don't have any stake in the community. Ms. McGinty replied they respect all the neighbors in the entire area and do not call them out in any way. She added the walls provide safety and protection for their property as well as the public. Commissioner Parks stated he still doesn't understand why the reduced setback is being allowed. Mr. Eitel stated this conversation is going beyond what is being reviewed and Mr. Parks has made his point. He further stated we should not badger the applicant in regards to their submittal since this exchange is not facilitating a positive result and it is not serving the Planning Commission as a group. Chair Burfeind stated everyone has the right to voice their opinion but he would like the Commission to stay on task related to this specific PUD consideration. Commissioner Schonning stated he is irritated and annoyed by this line of questioning, and requested to move on with the consideration of this item. Commissioner Freedman also stated he would like to move-on. PC Minutes 8-29-13 Page 6 Commissioner Parks stated he is sorry for badgering the applicant. Ms. McGinty stated she implores Mr. Parks to contact them and have a discussion regarding his concerns. She added new ideas come along all time and they appreciate the opportunity to discuss them. Commissioner Schonning asked for clarification regarding maintenance of the water retention system. Ms. McGinty responded there is required maintenance and they sign an agreement that is submitted to the city annually regarding the maintenance. She added they do this with other dealerships in the city as well. Chair Burfeind stated that he spoke with another Commissioner who voiced some concerns with lighting and landscaping, specifically he asked about the 24 ft. poles for the lighting that are now being shown at 15 ft. He asked what the size of the existing light poles are. Mr. Benetti responded they are 24 ft. Chair Burfeind commended staff for noting in the resolution what he feels are the most critical issues on the site, specifically the following items: 1.The Developer shall submit for future Planning Commission review the final screening wall design. No part of this vehicle parking/storage area will be allowed to be used until such time as the screening wall is in place and accepted as completed by the City. 2.The buffer areas located inside and outside of the screen walls shall be properly maintained by Luther Brookdale Honda, including grass trimming, weed removal, mulch bed maintenance, and tree trimming (when needed). The buffer areas shall include underground irrigation systems, both inside and outside the wall, and within the boulevard area along 69t1 Avenue North. 3.The Developer must protect the city-owned 25-inch white oak tree and other trees and bushes located in the city's 69 th Avenue North right-of-way. The Developer will be required to protect these trees during construction and must make efforts to ensure these trees are not damaged during construction. Trimming of these trees or bushes is permitted. If any city-owned material must be removed, the Developer must first receive city approval and opinion from the City Forester. 4.The Developer will ensure that lighting is maintained or directed downward into their site, and immediate measures will be taken to address or respond to any complaints from neighboring property owners. Chair Burfeind stated these four items are critical to the approval of the site regarding maintenance and care of landscaping, lighting and screening which will mitigate any concerns expressed. He added it is cunently a dark corner and there are some large spotlights that shine on the townhouse property and this plan should have minimal effect on them. He appreciates that Luther has done a great job with community relations in regards to this project. PC Minutes 8-29-13 Page 7 Commissioner Schonning stated he also visited the site and feels the change to 15-ft. lighting is more acceptable in this location. He noted a spot where there is an open spot and would like to see a tree planted there. He added there has been some great movement on the plan and feels satisfied with this plan. Chair Burfeind noted the plan shows multiple trees identified to be removed. He asked if this is an opportunity to transplant a tree rather than purchase new tree since some are fully mature. Mr. Sabraski replied they recently had a discussion regarding placement of the trees on the site. He added it was proposed they would still purchase the coniferous trees and let the city use them to fill in some of the gaps along 69 t1i Avenue and they do plan to purchase more mature trees and will plan to shift some of the trees around to fill in gaps. Chair Burfeind asked if the Watershed's infiltration rate doubled, is this site held to that rate vs. the rest of the PUD? Mr. Sabraski replied that is correct and the first one inch run-off rainfall is required to be infiltrated into the impervious surface. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2013-17 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2013-016 SUBMITTED BY THE LUTHER COMPANY, LLLP REQUESTING FINAL DEVELOPMENT/SITE PLAN APPROVAL OF THE VEHICLE PARKING AND STOARAGE AREA COMPREHENDED UNDER THE FIRST AMENDMENT TO THE 2008 LUTHER BROOKDALE HONA-TOYOTA PLANNED UNIT DEVELOPMENT There was a motion by Commissioner Burfeind, seconded by Commissioner Schorming, to approve Planning Commission Resolution No. 2013-17. Voting in favor: Chair Burfeind, Commissioners Freedman, and Schonning And the following voted against the same: Parks The motion passed. The Council will consider the application at its September 9, 2013 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 — GATLIN DEVELOPMENT COMPANY CONSIDERATION OF A REQUEST TO CONSTRUCT AN 11,200 SQ. FT. MULTI-TENANT BUILDING ON BUILDING D PAD SITE (1090 SHINGLE .CREEK CROSSING) Mr. Benetti provided information on the updated Master Plan — Amendment No. 3 affecting Building D pad site. He noted the Planning Commission had expressed concerns in September 2012 regarding a drive up window on the building and this proposal does not include a drive up window. He added that Mr. Gatlin informed staff that a business is interested in locating on the Building D pad site with a larger size building (11,200 sq. ft.) than was previously approved (8,400 PC Minutes 8-29-13 Page 8 sq. ft.). He added the developer would like to construct a building identical to that approved for Pad site L with construction to begin in the fall of 2013. Mr. Benetti continued by stating this proposal would require a PUD amendment and site plan approval since the building size would be increased. He added the steel has been ordered for Building L and Mr. Gatlin would like to get construction started this fall since he has two tenants that would like to occupy the building. Mr. Benetti stated this item would be presented to the Planning Commission for consideration in September 2013. Chair Burfeind stated he has concerned with approval something without seeing actual design plans based solely on the fact that steal has been ordered. He had questions regarding the proximity of the building to the curb line. Mr. Eitel explained the proposed layout of the building and pointed out the building would be built close to the curb line. Commissioner Schonning stated he has some concerns with the size of the building based on the relation to Bass Lake Road. Commissioner Parks respectfully suggests that the city take away parking requirements on the site and have shared parking and let them have as big a building as they want. He added this would give them as much room as they want without cramming the building on the site. Burfeind responded that he agrees with that concept and parking on one side could be closed off and it could then be green space with shared parking. Mr. Eitel replied the site must meet parking requirements based on development agreements, the zoning ordinance, and PUD approval. There Was further discussion by the Commission and Staff regarding. the Shingle Creek Crossing PUD related to parking requirements on the site. OTHER BUSINESS - STAFF UPDATES ON CITY COUNCIL ACTION ITEMS FROM THE AUGUST 26, 2013 MEETING Mr. Benetti stated the two special use permits for dynamic signs were approved by the City Council. There was no other business. ADJOURNMENT There was a motion by Commissioner Schonning, seconded by Commissioner Freedman, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:45 p.m. Chair Recorded and transcribed by: Rebecca Crass PC Minutes 8-29-13 Page 9 O Review Period (60-day) Deadline: 09/29/13 ( O Extension Declared: N/A •Extended Review Period Deadline: N/A O Application Filed: 07/30/13 Cifruf BROOK LY N CENTER Planning Commission Report Meeting Date: August 29, 2013 Application No. 2013-016 Applicant: The Luther Company, LLLP Location: 3955, 4001 & 4007— 69 th Avenue North Request: Final Development /Site and Plan for the First Amendment to the 2008 Luther Brookdale Honda-Toyota Planned Unit Development INTRODUCTION The Luther Company is requesting consideration of the final development /site plan related to the First Amendment to the Luther Brookdale Honda-Toyota Planned Unit Development. This development/site plan review centers on the three adjacent and former residential properties acquired and cleared by Luther, which are to be used as additional parking/vehicle storage area to the Brookdale Honda dealership site. This item is being presented as a general Planning Commission review item, and without an official public hearing. Notices of this request however, were mailed to surrounding property owners and the Commission may take public comments if you so choose. BACKGROUND The three adjacent parcels are locally addressed (at this time) as 3955, 4001 & 4007 — 69 th Avenue North. The total (usable) area consists of 1.78 acres in total area. As noted in the previous Planning Report on Application No. 2013-015, the three lots are to be combined and incorporated into the existing Honda site located at 6800 Brooklyn Boulevard (legal: Lot 1 Block 1, Bri-Mar Second Addition). The original 2008 Luther Company Planned Unit Development for these auto dealership sites was created and approved July 28, 2008, when the City Council adopted Resolution No. 2008- 81, which in effect approved the new PUD/C2 Zoning and Development Plan for the sites. The method of creating or establishing a new Planned Unit Development within the city is somewhat more involved and complex than a straight, regular rezoning; and the process contains two separate but equally related elements. The first is the zoning (or rezoning) component, followed by an approved development plan. The development plan provides the guiding plan or means of how an affected site will be developed or used. Deviations or a significant change from this plan requires an amendment. When the rezoning element is first introduced, a preliminary development plan is also provided, and acceptance of this development plan essentially authorizes the rezoning. Upon this initial approval, the Developer must later submit their final development plan, which follows the same process as the Site Plan approval process as contained in City Code Section 35-210. Luther PUD Final Site Plan 2013-016-PC 08/29/2013 Page 1 At the July 11, 2013 Planning Commission meeting, staff presented the initial development plans and rezoning from R3 (Multiple Family Residence) to PUD/C2 (Planned Unit Development/Commerce). The favorable recommendation by the Commission was forwarded on to the City Council at the July 22, 2013 meeting, where it was accepted for first reading. Subsequently, on August 12, 2013, the City Council adopted Ordinance No. 2013-03, which accepted and approved the rezoning of these three parcels from R3 (Multiple Family Residence) to PUD/C2 (Planned Unit Development/Commerce). This purpose of this report is to provide an updated analysis and findings of the final development plan for this site. DEVELOPMENT PLAN (PUD AMENDMENT) ANALYSIS The 2008 Luther Brookdale Honda-Toyota PUD was approved based on the following considerations: 1)The rezoning of the planned development site from C2 (Commerce) and R3 (Multiple Family Residence) to new PUD/C2 (Planned Unit Development/Commerce) District; 2)The creation of two new lots under a new Bri-Mar 2 nd Addition; 3)a 53,277 sf. Honda dealership facility and a 56,521 sf. Toyota dealership facility; 4)allowing automobile repair facility abutting R-1, R-2 or R-3 zoned property; 5)Waiving the requirement to combine 4215- 69 t11 Avenue North into a single parcel with 6800 Brooklyn Boulevard because of common ownership and common use; and 6)Allowing a slight encroachment into the 15 ft. green strip at the southwest corner of the Toyota site to allow a decorative main display pad with a pergola and a fence and a "Welcome to Brooklyn Center" ground message. In 2011 Luther Company requested subdivision plat approval of their proposed Bri Mar 2 nd Addition, which replatted five parcels into the two, larger lots. Luther also submitted a request for minor amendment to the approved 2008 Planned Unit Development with the following modifications: 1)Allow the Honda building to be reduced from 53,277 sf. to 52,228 sf.; 2)Allow the Toyota building to be reduced from 56,521 sf. to 53,830 sf.; 3)Allow the two dealership building to modify their original footprint (overall shapes) and readjust their positions on the new individual lots; 4)Minor parking lot improvement modifications; and Luther PUD Final Site Plan 2013-016- PC 08/29/2013 Page 2 5) Revise the original 2008 preliminary plat submittal of Bri Mar 2 nd Addition by readjustment of lot lines between the Honda and Toyota dealership sites; and include the former Pilgrim Cleaners parcel (4215 69 th Avenue N.) into the Honda lot. Both the PUD Amendment and Bri-Mar 2 nd Addition plat were approved that same year, and construction of the two dealership facilities began in the latter part of 2011 and completed in late 2012. Under this PUD Amendment development plan, Luther only intends to use the 1.78 acres of land area for additional vehicle parking and storage for the new Honda dealership site. There are no buildings planned for this area. The site will be paved with bituminous asphalt, with typical B6/12 concrete curb and gutters, to match the existing Honda parking areas. Internal raised islands will be used to provide for overhead light poles. Plans call for this area to be laid out or striped for 305 new spaces. Most of these spaces will be demarcated for tandem vehicle (end-to-end) parking spaces. Normally, this would not be allowed in typical commercial developments; however, since Luther has made it clear this area is simply to provide vehicle storage, with no employee or customer parking permitted, this should not pose any problems to the overall use and travel ways through the main dealership sites. The three access points that once served the residential dwellings are to be removed and restored with permanent curb and gutter sections in the 69' Avenue system. No new access points are shown or planned, and access into and out of this parking area will be through the Honda site. * Setbacks The setbacks for parking lots or areas in the C2 (underlying) district are as follows: Front yard = 15- feet Rear Yard = 35-feet; Side Yards = 35-feet A normal parking setback from a street right of way is 15-feet. The other 35-ft. setbacks reflect additional buffer requirements under Section 35-412, which requires the added space for screening and landscaping wherever C2 zoned developments abut an R1, R2 or R3 zoned property. The properties to the east and south of this area will remain under the R3 zone. The parking area long the front line (parallel with 69 th Avenue) is shown to meet the 15-foot setback. The physical front edge of the parking however, is situated approximately 48-feet from the 69 th Avenue curb-line, with a potential 33-ft. + boulevard (between curb line and property line); and approximately 40-feet between outer wall and curb-line. As part of the PUD Amendment request, Luther requested an allowance of reduced setbacks for this parking area where it abuts the R3 Zoned properties to the east and south. These 35-foot required setbacks are reduced to 15.5 feet on the east, and 24.7-ft. along the south edge. As part of the agreement to approve these reductions, Luther intends to complete an aggressive landscaping and screening plan to mitigate and help minimize any impacts caused by this encroachment. Luther PUD Final Site Plan 2013-016- PC 08/29/2013 Page 3 * Screening Prior to the official opening of the two dealerships on November 5, 2012, the Developer served notice to the City that they had completed all improvements identified in the approved PUD development plans, with the exception of the following items: G Replacement of approximately 960 ft. of existing fence along the common rear lot lines; O The construction of a new fence along the side lot line of 4007 69th Ave.; O Replacement of approximately 580' of decorative fence along 69th Ave.; and O The landscaping along the eastern lot line, adjacent to the residentially zoned properties. The delay in completing these improvements reflected a continuing and cooperative effort by the Developer working with city staff to upgrade the existing 8-foot cedar-wood screening fence along the westerly boundary line. This upgrade included replacing this older style 8-foot fence with a more attractive and sturdy 8 to 10-foot high, decorative masonry screening wall. The City Council/EDA recently determined the feasibility of allocating Tax Increment Housing Improvement funding to assist in this new decorative, masonry screening wall for the new Luther Honda-Toyota dealership site. Staff anticipates that with enough TIF assistance and funding, the Developer will be able to provide the 8-10 foot high decorative screening all along the entire boundary lines abutting the R3 zoned lands, which is estimated to be approximately 1,500 feet in overall length. The initial development plan called for a 10-foot high fence along the south boundary (buffer) area to the Victoria Townhome Apartment complex; and an 8-foot high fence along the east boundary line with the city-owned parcel; and an 8-foot and 6-foot fence along the northerly buffer areas. This final development/site plan now calls for a 10-foot high wall along the south, along with 8-foot high walls along the east and northerly boundaries. These final site plans did not include any details or specifications of this new screening wall. The Developer has been instructed that in order to maintain or to comply with their PUD/C2 zoning, no part of this new parking area will be used or approved for use until this and the entire dealership sites are properly screened with the proposed (shown) screening walls. * Utilities Since there are no new buildings proposed in this parking area, only electrical (underground conduit) and storm water lines will be provided in this parking area. The utility plans call for the installation of another large, underground storm-water/grit chamber, similar to the chambers installed under the new Honda and Toyota parking areas. The final grades of the paved surfaces will facilitate drainage to appropriately spaced catch-basins, which then empty into the underground chamber. From there, the chamber is equipped with a northeasterly outflow line used during peak discharges into the City's storm water sewer system. This system will need to undergo heavy scrutiny and review by our City Engineers prior to and during installation. These underground storm water systems typically require routine maintenance, which is performed (and required) under a separate Utilities and Facilities Maintenance Agreement between Luther Company and the City. Luther PUD Final Site Plan 2013-016- PC 08/29/2013 Page 4 * Landscaping As part of the removal/demolition plans of this site, the Developer has indicated that up to 24 trees will be removed to make room for this parking area. Most of these trees appear to be elms, maples and ash and a few evergreens. As noted previously, a majority of the new expanded parking area will have an 8-ft. or 10-ft. high screening wall installed around the perimeter. This wall is to be centered between the hard-surfaced parking area and the adjacent lot lines, which essentially serves as the buffer areas. Within this buffer space, the Developer intends to replant a variety of deciduous and ornamental trees, evergreens and shrubs within this perimeter buffer area. These include 9 autumn blaze maples, 6 snow crab apples, 17 Austrian pines, 14 Colorado blue spruce, and approximately 50 new shrubs. According to the City's Landscape Points System, this size of a development requires 142.5 points (based on 'allowable shade trees coniferous trees and shrubs). The landscape plan indicates the Developer is proposing 167 points worth of landscaping materials, which exceeds the required numbers. The Developer has been made aware of the large, 25'; rustic white oak tree located in the city right of way (front yard area of former 4007 — 69 th Ave.) along with the smaller 6" elm near the joint property lines of 3955 & 4001 — 69 th Ave.) and a small number of bushes located in this right-of-way. The Developer will be required to protect these trees during construction and must make efforts to ensure these trees are not damaged during construction. Trimming of these trees or bushes is permitted. If any city-owned material mist be removed, the Developer must first receive city approval and opinion from the City Forester. * Lighting As the Commission is aware, at the July 1 1 th meeting, two neighboring residents off of France Avenue (to the north of the subject site) appeared during the public hearing to voice concerns of lighting in this parking area. The Developer took these concerns into consideration and re- designed the lighting plan that was initially presented. The new photometric plan provides for lights to be only 15-feet high, as opposed to 24-feet inside the Honda-Toyota vehicle display/parking areas. The Developer also commented that they would lessen the brightness and intensity of these lights to minimize and reduce impacts upon the surrounding neighborhoods. The photometric plan demonstrates that most of the light spillover (which is normal and expected and any overhead lighting) is minimal and meets City Code standards. The installation of the solid screen wall will help tremendously in reducing or eliminating any "light bounce" or reflections off the cars stored inside this area. The plan calls for flat lens, full-cut-off luminaires (light heads), with luminaires at the property perimeters equipped with "house-side shields". These shields are intended to deflect the light more directly into the parking area and away from the street or residential areas. City staff has discussed with the Developer that some of the light shields inside the Honda and Toyota sites appear to deflect or reflect more light off these small, shiny aluminum shields. The City has indicated that staff will monitor this lighting and ensure it meets Code standards afterwards, and the Developer has indicated their willingness to 'tone down" or reduce the lighting during certain hours of the day to reduce any lighting impacts upon the neighbors. Luther PUD Final Site Plan 2013-016- PC 08/29/2013 Page 5 RECOMMENDATIONS Staff recommends the Planning Commission provide a recommendation to the City Council to approve this Final Development Plan and Site and Building Plan, which is part of the First Amendment to the 2008 Luther Auto Brookdale Honda-Toyota Planned Unit Development, subject to the following conditions: 1.The Developer shall submit for future Planning Commission review the fmal screening wall design. No part of this vehicle parking/storage area will be allowed to be used until such time as the screening wall is in place and accepted as completed by the City. 2.The buffer areas located inside and outside of the screen walls shall be properly maintained by Luther Brookdale Honda, including grass trimming, weed removal, mulch bed maintenance, and tree trimming (when needed). The buffer areas shall include underground irrigation systems, both inside and outside the wall, and within the boulevard area along 69 th Avenue North. 3.The Developer must protect the city-owned 25-inch white oak tree and other trees and bushes located in the city's 69' Avenue North right-of-way. The Developer will be required to protect these trees during construction and must make efforts to ensure these trees are not damaged during construction. Trimming of these trees or bushes is permitted. If any city-owned material must be removed, the Developer must first receive city approval and opinion from the City Forester. 4.The Developer will ensure that lighting is maintained or directed downward into their site, and immediate measures will be taken to address or respond to any complaints from neighboring property owners. 5.All conditions noted in the City Engineer's Review Memorandum (dated 08/23/2013) and all other subsequent or updated conditions required by the City Engineer are submitted and/or fulfilled. 6.The Developer shall submit an as built survey of the property, improvements and utility service lines prior to release of any current or updated performance guarantee. 7. The Developer shall enter into a PUD agreement with the City of Brooklyn Center to be reviewed and approved by the City Attorney prior to the issuance of building permits. Luther PUD Final Site Plan 2013-016- PC 08/29/2013 Page 6 Commissioner Freedman introduced the following resolution and moved its adoption PLANNING COMMISSION RESOLUTION NO. 2013-17 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2013-016 SUBMITTED BY THE LUTHER COMPANY, LLLP REQUESTING FINAL DEVELOPMENT/ SITE PLAN APPROVAL OF THE VEHICLE PARKING AND STORAGE AREA COMPREHENDED UNDER THE FIRST AMENDMENT TO THE 2008 LUTHER BROOKDALE HONDA-TOYOTA PLANNED UNIT DEVELOPMENT WHEREAS, Planning Application No. 2013-016 was submitted by The Luther Company, LLLP ("Developer"), requesting approval of a Final Development/Site Plan of a proposed vehicle parking and storage area for the Luther Brookdale Honda automobile dealership facility, located at 6800 Brooklyn Boulevard ( the "Subject Property"), and which is also considered the First Amendment to the 2008 Luther Brookdale Honda-Toyota Planned Unit Development; and WHEREAS, the Planning Commission held a public meeting on August 29, 2013, to fully consider Planning Application No. 2013-016, and reviewed and received a planning report on the proposed Final Development Plan/Site Plans for the proposed 1.78 acre addition to the existing Luther Brookdale Honda development and other related site improvements; and WHEREAS, in light of all testimony received, and utilizing the guidelines for evaluating the site and building plans as contained in Section 35-230 of the City's Zoning Ordinance and the Comprehensive Plan, the Planning Commission considered this Final Development/Site Plan plans for the new Luther Brookdale Honda vehicle parking and storage area, and determined it to be an appropriate and reasonable redevelopment of the Subject Property. NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that the Final Development/Site Plan of the proposed Luther Brookdale Honda vehicle parking and storage area as comprehended under Planning Application No. 2013-016, be approved based upon the following considerations: 1.The Final Development/Site Plan is compatible with the standards, purposes and intent of the City's Zoning Ordinance; 2.The Final Development/Site Plan on the Subject Site will facilitate the redevelopment and improvethent of this site, which allows for the utilization of the land in question in a manner that is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding land; 3. The improvements and utilization of the property as proposed under the Res. 2013-17 1 of 3 Final Development/Site Plan of this site is considered a reasonable use of the property and will conform with ordinance standards; 4.The Final Development/Site Plan proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city; 5.The Final Development/Site Plan proposal appears to be a good long range use of the existing land and this proposed development can be considered an asset to the community; and 6. Based upon the above considerations, it is believed that the guidelines for evaluating and approving a Site and Building Plan as contained in Section 35-230 (Plan Approval) of the City's Zoning Ordinance are met and the site proposal is, therefore, in the best interest of the community. BE IT FURTHER RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Planning Application No. 2013-016 be approved subject to the following conditions: 1.The Developer shall submit for future Planning Commission review the final screening wall design. No part of this vehicle parking/storage area will be allowed to be used until such time as the screening wall is in place and accepted as completed by the City. 2.The buffer areas located inside and outside of the screen walls shall be properly maintained by Luther Brookdale Honda, including grass trimming, weed removal, mulch bed maintenance, and tree trimming (when needed). The buffer areas shall include underground irrigation systems, both inside and outside the wall, and within the boulevard area along 69 th Avenue North. 3.The Developer must protect the city-owned 25-inch white oak tree and other trees and bushes located in the city's 69 th Avenue North right-of-way. The Developer will be required to protect these trees during construction and must make efforts to ensure these trees are not damaged during construction. Trimming of these trees or bushes is permitted. If any city- owned material must be removed, the Developer must first receive city approval and opinion from the City Forester. 4.The Developer will ensure that lighting is maintained or directed downward into their site, and immediate measures will be taken to address or respond to any complaints from neighboring property owners. Res. 2013-17 2 of 3 5.All conditions noted in the City Engineer's Review Memorandum (dated 08/23/2013) and all other subsequent or updated conditions required by the City Engineer are submitted and/or fulfilled. 6.The Developer shall submit an as built survey of the property, improvements and utility service lines prior to release of any current or updated performance guarantee. 7. The Developer shall enter into a PUD agreement with the City of Brooklyn Center to be reviewed and approved by the City Attorney prior to the issuance of building permits. August 29, 2013 Date Chair ATTEST: The motion for the adoption of the foregoing resolution was duly seconded by member Schonning, and upon vote being taken thereon, the following voted in favor thereof: Chair Burfeind, Commissioners Freedman and Schonning. and the following voted against the same: Commissioner Parks whereupon said resolution was declared duly passed and adopted. Res. 2013-17 3 of 3 MEMORANDUM DATE: August 23, 2013 TO: Tim Benetti, Planning and Zoning Specialist FROM: Steven J. Jankowski, Assistant City Engineer SUBJECT: Preliminary Plat and Site Plan Review — Luther Brookdale Honda Parking Expansion, Bri Mar 3rd Addition The Public Works Department staff has reviewed the following plan sheets which have been prepared by Landform and are dated July 30, 2013: C-001 Civil Title Sheet C-101 Existing Conditions C-102 Demolition C-200 Site Plan Overall C-201 Site Plan Enlarged C-301 Grading, Drainage, Paving & Erosion Control C-302 SWPPP Notes C-401 Utilities C-501 Preliminary Plat C-701 Civil Construction Details E-201 Photometrics L-201 Landscape Plan These submissions have been prepared for a vehicle storage addition of the Luther Honda site located at 6800 Brooklyn Boulevard. It is understood that the proposed parking is for vehicle storage and is not to be construed or used as public parking since it does not meet the City standards for public parking. The submission also includes a July 30, 2013, letter from Steven Sabraski which included acknowledgements and responses to comments contained in a City PUD Site Plan review memo dated July 2, 2013. The conditions listed in the previous memo and acknowledged in Mr. Sabraski's July 30, 2013, letter are reiterated for convenient reference. The following comments are offered. Plan Items 1.The final construction plans must be certified by a licensed engineer in the state Of Minnesota and forwarded to the City Engineer for approval. 2.A detailed plan showing the specific, dimensioned location of the fence/wall and a fence detail must be submitted and approved. This is a required plan approval element. 3. Sheet C-102 Demolition plan — Revise plan to depict the sanitary sewer and water service removal and disconnection details for the three former residential lots. Restoration details of the disturbed areas must also be included in the plans. Details must include removing and plugging the sanitary sewer service at the sewer main or as approved by the City and disconnecting and shutting the corporation stop of the water service at the main. Public Works Site Plan Review - Luther Brookdale Honda Parking Expansion Page 2 August 23, 2013 4.Sheet 102-C Demolition plan — As a part of the noted driveway removal, a note should be added requiring the sidewalk to be restored to the satisfaction of the City Engineer. 5.Sheet C-102 Demolition plan — Preserve the 5-inch oak tree located near the northeast corner of the site. If unable to preserve this tree, provide provisions to transplant this tree on an adjacent property (adjacent area on City property is available). 6.Sheet C-102 Demolition plan — The note pertaining to the removal of the existing well and pump shall be modified to require that this well be abandoned in accordance with the State of Minnesota well code. A copy of the abandonment report shall be submitted to the Minnesota Department of Health and a copy sent to the City. 7.Sheet C-301- The limits of the asphalt pavement transition extends only several feet from the replaced curb. A note should be added stating that the limits of the pavement transition shall be determined by the City upon completion of the curb replacement and sewer and water service abandonments. This may result in a single large patch covering the entire disturbed area. 8.Sheet C-301 — A note should be added indicating that the maximum permitted slope shall be no greater than 1:3 in the southwest corner of the site. A retaining wall must be added if this slope cannot be maintained. 9.Sheet C-401 — Identify where the Skimming Device illustrated as Detail 1 is to be located. 10.Sheet C-701 Civil Construction Details — Where Standard City details are available; they should be utilized. Detail 5 should be eliminated as it is covered by Detail 6; Detail 7 should be replaced with City Standard plates 301 and 304; Standard Detail 8 should be replaced with City Standard Detail 306. 11.All work and materials must conform to the City of Brooklyn Center's standard specifications and details. The City's standard details must be included in the final site plans. 12.This development is required by the Shingle Creek Watershed Management Commission to meet rate, quality, and volume requirements for the portion of the site disturbed. The City will provide review for meeting these requirements. 13.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 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. 14.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. 15.The applicant shall be responsible for coordinating site development plans with all private utility companies (Xcel Energy, CenterPoint Energy, Qwest Communications, Comcast, etc.). Public Works Site Plan Review - Luther Brookdale Honda Parking Expansion Page 3 August 23, 2013 Easements, Agreements and Platting 16.The applicant will be required to plat all parcels and combine with the adjacent Luther lot. A plat which proposes a 10-ft drainage and utility easement around the perimeter of the property has been submitted to the City and is being processed. 17.Sheet C-501 parcels within 100 feet need to identify ownership. 18.Sheet C-501topographic data needs to be extended to areas within 300 feet of the plat boundary. 19.Sheet C-501 front and side yard building setback lines need to be added. 20.A Declarations of Covenants and Restrictions Agreement is required that includes all conditions of the MID project approval. 21.A development/subdivision agreement will be required that includes all conditions of the project approval, subject to the final site plan approval by the City Engineer. 22. 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. A $2,500 deposit will be required as part of the non-compliance provision. 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. 23. A Performance Agreement is required that includes all conditions of the project approval, subject to the final site plan approval by the City Engineer. 24.An overall Easement Agreement is required that will provide the City perpetual accessibility to all private utilities and storm drainage areas to inspect and enforce proper utility service and maintenance for the entire site. This easement agreement also includes private inspection, maintenance, and reporting responsibilities. Shop drawings and operation/maintenance manuals for the storm water treatment facility must be provided to the City for review and approval and as a final deliverable. 25.Private site appurtenances (e.g. light poles, signs etc.) shall not encroach into public easements. If such an encroachment exists and is determined by the City to be not adverse to the public interest, such encroachments will require an Encroachment Agreement. Anticipated Permitting 26.A City of Brooklyn Center land disturbance permit is required. 27.A City of Brooklyn Center demolition permit is required for the removal of the existing residence. 28.A City of Brooklyn Center water and sewer disconnect/connection permit is required. 29.A City of Brooklyn Center driveway permit is required to remove the three driveway aprons. 30. A Minnesota Pollution Control Agency NPDES storm water construction permit is required. Public Works Site Plan Review - Luther Brookdale Honda Parking Expansion Page 4 August 23, 2013 31.Other permits not listed herein may be required. It is the responsibility of the Applicant to obtain such permits as warranted. Prior to Issuance of Land Alteration and/or Building Permit 32.Copies of all required permits must be provided to the City. 33.Final construction plans and specifications must be submitted and approved by the City Engineer. 34.A letter of credit or cash escrow must be deposited with the City in the amount of 100% of the estimated cost determined by the City to comply with land alteration requirement, site improvement, and restoration of the site. The City may reduce that amount of the surety if work is completed and accepted. 35.An executed Construction Management Plan and Agreement must be provided and the associated separate $2,500 cash escrow must been deposited with the City, which is for the non-compliance provision. 36.An executed easement agreement must be provided. 37.Submit a recorded copy of the Restrictive Covenants and Development Agreement. 38.Provide a recorded copy (PDF) of the final plat and easement vacations. 39. A preconstruction conference shall be scheduled and held with City staff and other entities designated by the City. 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 and site plan must be developed and maintained in substantial confoimance with the referenced plans, unless modified per the staff recommended conditions above. Subsequent approval of the final plan 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. Gary Eitel From: Steve Sabraski <ssabraski@landform.net > Sent: Friday, August 23, 2013 2:49 PM To: Gary Eitel Cc: Linda McGinty Subject: Honda Parking Expansion Exhibit Attachments: Photometrics Exhibit.pdf Gary, Attached is the lighting exhibit we presented at the meeting with the residents on August 9, 2013 for inclusion with your staff report. Thanks, Steven Sabraski, PE LANDFORM, Studio Lead Direct: 612-638-0243 NDFORM from ri9:59 105 SoL Ave't, TeL 61.2-2525070 Sir 5 61.2-252-90?7 L.1% 552.1A !Lridlurfri.f.,2t NOTICE: All drawings, specifications, instruments of service, and other documents, data, or information of any kind, including all electronic files and data ("Documents") attached to or 'linked" from this E-mail are protected by copyright pursuant to U.S. and international copyright laws. Your use of the Documents is controlled and restricted by the terms of use. By downloading the attached files or by accessing the links contained in this E-mail message, you are agreeing to the .terms of use. COPYRIGHT @1994-2012 LANDFORM. ALL RIGHTS RESERVED. NOTICE: indicated professional registrations are for the state in which the office is located; to obtain information about other state licenses, please contact Human Resources at 612-252-9070. Landform®, SensiblyGreen@ and Site to Finish@ are registered service marks of Landform Professional Services, LLC. 1 co 0_ z XLLI 1—-Z—1 10 o 8cc 0<LULU 0 IL 0 0 ci 0 LU 0 0 LU Lr J LU 1'4 ' Air 0 af. 00 ■= 0 ,11 b12.,FiA4 ;El b474iA ii b Li-nga gggg:4;1Up ?a r.,•'' §a gg 4 8 130.Athg g:,ta,.'iytgg IN F,FEE,,I 0 i g..i0a ..2 , g."i,.gg,!-,.ig g 1%gg 4,4:"-Hi:la..:hE h.:2ZI: z 4 q i ;I 11 g i1liallaill:A i 4 0 5 gg o M '@ •I g rt II I „. I .g VIII Ig .8!: IL ] 1 I 13 ] 1 34 11 11g1]4' 11.1:h8 1 413 1■dz ,,e-tt . t. 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' Ri '1 I..ifa ','± •• ' I.,-, L-,W •0 \ 1 F5I •0 Tvciz .2 41 1° o 3- ; 3 3 ; 3 ; 3 22 3 3 3 3 3 3 3 3 3 3 3 3 13 3 3 3 3 3 3 3 3. 3 3 3 3 3 3 3 3 3 3 33-1.2/3,7 ; 3 .2 3 3 3 3 3 3 3 13 3 3 3 3 3 3 3 3 3 3 ; 3 3 3 3 3 ,a 3-",. 3 3 3. 3 3 3 3 3 3, 3 3 3 3 ; ; 3 s 30 3 :•3 ; 3 3 3. 2: 3 3 3. 3- 3 3 3 3- 3, 3 3 3 3 3 ; 3 -3 ; 3 3 3 3 3 3. 3 3 ; ; 3 ; ,2 ; 3 3' ..3 !,) 3 3 ; 3. 13 3 ; 3. 3 3, 3 3 3 3 3 ;7 „7. : ,/ 3 3 3 3 ,413 3 3 3 3 „ . _ 2. 2 2 5 City Council Agent a Item N©0 10 COUNCIL ITEM MEMORANDUM DATE: September 9, 2013 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 5715 Emerson Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan, Resolution and issuance of a Type IV 6-Month Provisional Rental License for 5715 Emerson Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. The property qualifies for a Type IV Rental License. The property owner failed to meet the condition(s) of the Type IV Rental License, specifically failed to attend Owners/Managers Association Meetings and failed to turn in monthly updates. The property owner received a Type IV Rental License on February 25, 2013 on condition of adherence to the Mitigation Plan and City Ordinances. The owner has failed to comply with the Mitigation Plan and applicable ordinances. According to City ordinances, if the requirements of the license category and the Mitigation Plan are not met, the license renewal category remains a Type IV. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the continued Type IV Rental License in lieu of denial, revocation or suspension because the property is currently in compliance with the ordinance and has incurred numerous penalties as provided by city ordinances. The property owner and management are concerned about the rental license status. The following is a brief history of the license process actions. Cunent rental license approval activities: 03-19-2013 The owner, My Truong, applied for renewal of the rental dwelling license for 5715 Emerson Ave N, a single family dwelling. 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 An initial rental inspection was scheduled. The owner was not on site for the inspection. An initial rental inspection was conducted. Five property code violations were cited, see attached rental criteria. A follow up inspection was scheduled, however, the tenant did not allow access to the property. The property was charged $200 in reinspection fees. The previous Type IV license expired. A follow-up inspection was conducted and passed, however, reinspection fees were unpaid. City records indicate zero validated police incident/nuisance calls occurred in the past twelve months. A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. The $200 reinspection fees were paid. An incomplete Mitigation Plan was submitted. A $125 Administrative Fine was issued for not submitting a Mitigation Plan. A $250 Administrative Fine was issued for not submitting a Mitigation Plan. A $500 Administrative Fine was issued for not submitting a Mitigation Plan. A completed Mitigation Plan was submitted. The Mitigation Plan was finalized. A letter was sent to the owner notifying that the hearing before the Council will be held September 9, 2013. A $125 Administrative Fine was issued for failure to meet the plan requirements. 04-10-2013 04-26-2013 05-29-2013 05-29-2013 05-31-2013 06-12-2013 06-12-2013 06-19-2013 06-21-2013 07-08-2013 07-18-2013 07-25-2013 08-06-2013 08-13-2013 08-22-2013 08-29-2013 09-04-2013 Prior Type IV Rental License approval activities: 09-14-2012 The owner, My Troung, applied for renewal of the rental dwelling license for 5715 Emerson Ave N, a single family dwelling. 10-08-2012 An initial rental inspection was conducted. Eleven property code violations were cited, see attached rental criteria. 11-08-2012 A second rental license inspection was conducted and passed. 11-08-2012 City records indicate one validated police incident/nuisance calls occuned in the past twelve months. (08-29-2012 auto theft) 11-30-2012 The previous Type IV license expired. 12-19-2012 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 license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 01-03-2013 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 01-18-2013 A $125 Administrative Fine was issued for not submitting a Mitigation Plan. 01-30-2013 A Mitigation Plan was submitted. 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 02-05-2013 The Mitigation Plan was finalized. 02-15-2013 A letter was sent to the owner notifying that the hearing before the Council will be held February 25, 2013. Continued Type IV Rental License approval activities: 04-18-2012 The owner, My Truong, applied for renewal of the rental dwelling license for 5715 Emerson Avenue N, a single-family residential property. 05-1 8-20 12 An initial rental inspection was conducted. Zero property code violations were cited, see attached rental criteria. 05-18-2012 City records indicate one validated police incident/nuisance calls occurred in the past twelve months. (Disturbance on 11-12-11.) 05-31-2012 The rental license expired. 07-01-2012 An updated mitigation plan was submitted. 07-09-2012 A Type IV Rental License and Mitigation Plan was approved by City Council. 09-10-2012 A $125 Administrative Fine was issued for failure to meet the plan requirements. Continued Type IV rental license approval activities: 09-22-2011 My Truong applied for a renewal of the rental dwelling license for 5715 Emerson Avenue N, a single-family residential property. 10-19-2011 An initial rental inspection was scheduled and no one was on site to meet the inspector. 10-31-2011 An initial rental inspection was conducted, noting eleven property code violations. (Please see attached rental criteria.) 11-30-2011 The reinspection was rescheduled. 11-30-2011 The rental license expired. 12-05-2011 The re-inspection was rescheduled. 12-06-2011 The property was posted as an unlicensed rental property. 12-09-2011 An Administrative Citation for $125 was issued for failure to meet the plan requirements. 01-18-2012 A phone call was made to the owner regarding the unpaid reinspection fee. 01-19-2012 The reinspection fee was paid. 01-19-2012 The reinspection was conducted and passed with one weather deferral item. 01-19-2012 City records indicate one validated police incident/nuisance calls occurred in the past twelve months. (Disturbance on 11-12-11.) 02-13-2012 A Type IV (Six Month Provisional License) was approved by City Council. 03-06-2012 A final requirements letter was sent to the owner notifying of the items remaining to meet plan requirements. (I.e. Phase II CFHP follow up was not completed.) 04-14-2012 Monthly Mitigation Plan update was received. 06-06-2012 A $125 Administrative Fine was issued for failure to meet the plan requirements. Continued Type IV rental license approval activities: 03-30-10 My Truong applied for initial rental dwelling license for 5715 Emerson Ave N, a single-family residential property. 04-26-10 An initial rental inspection was conducted and 16 property code violations were cited. (Please see attached rental criteria) 05-26-10 A second rental inspection noted violations were not corrected. 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 06-25-10 A third rental inspection noted violations were not corrected. 10-14-10 A fourth rental inspection noted one violation remained uncorrected. 11-12-10 Staff left a message for owner regarding correction orders and re-inspection fees. 02-02-11 Another phone call was made and the owner was re-informed of the $200 re- inspection fee due. 02-10-11 A phone call was received from the property manager to discuss the re-inspection fee. 02-22-11 Staff spoke to owner about the re-inspection fee. 02-24-11 Staff spoke to owner about the re-inspection fee. 02-25-11 The reinspection fee was paid. 03-01-11 Letter were sent to owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license (submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc.) 04-14-11 A Mitigation Plan finalized. 05-09-11 The rental license and mitigation plan were approved by City Council. If approved, after six months, a new rental license is required. The license process will begin in approximately four months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof After giving the applicant an 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 opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among Other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy — Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust 0-11-2 units 3+ units Type I — 3 Year 0-0.75 Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit Type II —2 Year 1-2 units 3+ units Greater than 1 but not more than 4 Greater than 0.75 but not more than 1.5 Type III — 1 Year 1-2 units 3+ units Greater than 4 hut not more than 8 Greater than 1.5 but not more than 3 Type IV — 6 Months 1-2 units 3+ units Greater than 8 Greater than 3 COUNCIL ITEM MEMORANDUM shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: •At least 75% of units will be inspected for properties with 15 or less units. O At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. 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) Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust No Category Impact 1-2 3-4 units 5 or more units 0-1 0-0.25 0-0.35 Greater than 1 but not more than 3 Greater than 0.25 but not more than 1 Greater than 0.35 but not more than 0.50 Decrease 1 Category 3-4 units 1-2 5 or more units Decrease 2 Categories IM=1101108,,, 1-2 3-4 units 5 or more units Greater than 3 Greater than 1 Greater than 0.50 COUNCIL ITEM MEMORANDUM Budget Issues: There are no budget issues to consider. Strategic Priorities: Vibrant Neighborhoods Attachment - Copy of Mitigation Plan Approved as Part of the September 9, 2013 Type IV Rental License Approval - Resolution Approving a Type IV Rental License for 5715 Emerson Avenue N Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Page 1 Type IV Mitigation Plan Rev 11-1641 r • 1 - Submit the following documents with the Mitigation Plan for approval: I Crime Free Housing Program Training Certificate (if completed, if not completed, please include scheduled date in Section C. 2 Copy of Lease including Minnesota Crime Free Housing Lease Addendum 3, Submit written report by 10 th of each month (after license approval). •.'`4.1WW Use written lease including Crime Free Housing Lease Addendum. 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. I LI COUNCIL ITEM MEMORANDUM City of Brooklyn CenterI JUL 0 9 21713 Phone: 763-569-3300 TTY 711 6301 Shingle Creek Parkway Fox: 763-569-3360 Brooklyn Center, MINI 55430-2199 www.cityofbrooklyncenter.org Rental License Mitigation Plan--Type IV Rental License Handwritten plans will not be accepted. Please type or use fit/able form on City website. - 71- -Ts egii -'..0".iiil:i.i6,.._:::•....,.........-11;=',?.; ,.,;: i -':',11',7 ,,,,. :...11„).i.qp.'...M4..,:9 1 6't.:fiigr.*..0-rii'i.940. .."-- ...-oiqiei..,N. 0.66: ...1- Pn.-,,-..,,;.:-.: : Oplp5 .: .iieittA 6ti ",""?.?"'''''''ric Da :Owitei.'6tidrs.' . ion. waloolptwe;.:9 9,2.:. MI, N O - .',...-:•',.::-.":,,,..,::;:,.;: ••.'', W. " .',..,.-... - ," Acldn.ss O wner ' "iit,phOrt.e.:.:, .. _... ,.. ". 7-1 -;,..0J..lie.r.....Bo:14i . 6-tid - -15gii a di-ii41 ;co . A t.nt Email -7'''''''''''''''''''". — — - -..-----).• — -...,, ,eIteptaFLicense I N )1,:eil'6it ;Qtierei•,......:. - • • ....r .:.-..-:,.. ;:'..','..'......;.:::..'::-.!::::::.:-_,:::::...:.;..—.,_ f.LieetIAIID:i PI rUion 0 itç . ' .. .:...... el4YlgfRk,IYAlq.u..CA'.11 ..:4NP ,.,„...•....r..• ...1I:3 . ..• ..tifihdiiiii.eWO7ifhlokeiiilli`664:§#.ZirjkagOitgic,‘.:04''-'2, Based on property conditions and/or 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 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 irt order to meet all the city ordinance and Mitigation Plan requirements within this *pending license period and avoid legal actions. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public tntst COUNCIL ITEM MEMORANDUM mg 4. Attend City approved eight hour Crime Free }lousing course. . or Date Course Scheduled:Date Course Completed: ..0— Phase II improvements recommended by the to be completed by: 71. j 12,.1-,C;CI ,,..-.7 i Complete Security Assessment and implement all security Brooklyn Center Police Department, Date Scheduled: ..'_ t 9N, 1 Improvements/ Phase III (two) 1 if tj & "tAYks-7 date? A Yes No License upon renewal. I I Hill attend a minimum of 50% of the ARM meetings 1 will attend the ARM meetings scheduled for: 41.3"2-2.-' Do these two meeting dates occur before the *Pending (*See Section A) If no, you will only be able to qualify Type TV License expiration for a Type 1V Rental within the past year. crime prevention techniques. 1 I I will have no repeat code violations documentedpreviously For properties with four or »tore units:1 I 1 will conduct resident training annually that includesMI will hold regular resident meetings. AfIlVlArii'li - - '1 -1-' rwaWiri:Wi' A ' ,' , . , 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-Within last 8 years 0610112020 Water Heater-Within last 5 years 0610112020 Kitchen Appliances-Within last 5 years 06101/2015 Laundry Appliances-Wilhin last 5 years 06/01/2018 Exterior -Paint/Siding, fitscia, trim Replaced whore needed In 2012 06/01/2020 -Windows Within 15 years 06/01/2018 -Roof Garage New/House within 8 years Garage 05/01/17 -Fence NIA -Shed N/A -Garage Unknown - New Roof 2012 06/01/2030 -Driveway Class 5 Unknown Black Top 20/17 -Sidewalks N/A Smoke Alarms & Carbon Monoxide Alarms Replaced 01/01113 Reptet..flg55d Gi Others) • e.- RI I31 ' • 1 linplementing the following best pmctices may assist in therIcking the boxes below, you agree to: I. Check in with tenants every 30 days. ... I! ‘. management of your property. month. . .,-. -, . I si 1 2. Drive by property to check for violations twice a Page 2 Type IV Mitigation Plan Rev 11-16-11 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Buildin mint unity Standards Department / Title COUNCIL ITEM MEMORANDUM M 1 Evict tenants in violation of the lease and all addendum. El 4. Provide lawn/snow service. ED 5. Provide garbage service. ft=,1 6. Install security system.I I 7. Provide maintenance service plan for appliances. Name of service co.: I 1 I. 8. I ant and will remain current on payment °futility fees, taxes, assessments, fines, penalties and other financial claims due to the City.Dl 9. Other(s): Please read thoroughly: lithe 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 th 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 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 suds as citations, formal complaint or license review may result. Eric Da Property Manager Owner or Agent Name and Tide (Please Print) 07/01/13 Owner or Agent Sigliature Date Additional Owner or Agent Name and Title (tiapplicable) (Please Print) Additional Owner or Agent Signature (if applicable) Date Page 3 Type IV Mitigation Plan Rev 11-16-11 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 5715 EMERSON AVENUE NORTH WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 5715 Emerson Avenue N, was issued a Type IV Rental License on February 25, 3013; and WHEREAS, City Ordinance Section 12-901.2 requires a property owner who receives a Type IV Rental License complete Phase I, II and III of the Crime Free Housing Program; and WHEREAS, City Ordinance Section 12-914.3.c establishes the requirement for an owner of a Type IV rental property to complete Phase II of the Crime Free Housing Program, including attendance at a minimum of 50 percent of Owners/Managers Association Meetings, complete Crime Prevention Through Environmental Design Requirements and City Ordinance Section 12-913 requires submittal of monthly updates; and WHEREAS, the property owner of 5715 Emerson Avenue N, Brooklyn Center failed to attend Owners/Managers Association Meeting and failed to turn in monthly updates. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE IV Rental License is hereby approved for the property at 5715 Emerson Avenue N, Brooklyn Center, MN. September 9, 2013 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 Coufacii Agenda item Ni0 101b COUNCIL ITEM MEMORANDUM DATE: September 9, 2013 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 4714 Wingard Lane Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan, Resolution and issuance of a Type IV 6-Month Provisional Rental License for 4714 Wingard Lane. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. The property qualifies for a Type IV Rental License. The property owner failed to meet the condition(s) of the Type IV Rental License, specifically failed to attend Owners/Managers Association Meetings. The property owner received a Type IV Rental License on January 28, 2013 on condition of adherence to the Mitigation Plan and City Ordinances. The owner has failed to comply with the Mitigation Plan and applicable ordinances. According to City ordinances, if the requirements of the license category and the Mitigation Plan are not met, the license renewal category remains a Type IV. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the continued Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. The following is a brief history of the license process actions. Current rental license approval activities: 04-02-2013 The owner, Heeyoon Kim, applied for renewal of the rental dwelling license for 4714 Wingard Lane, a single family dwelling. 05-01-2013 An initial rental inspection was conducted. Seven property code violations were cited, see attached rental criteria. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for people and preserves the public trust COUNCIL ITEM MEMORANDUM 07-24-2013 07-31-2013 08-22-2013 08-29-2013 A reinspection was conducted and passed. City records indicate zero validated police incident/nuisance calls occurred in the past twelve months. A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. A Mitigation Plan was submitted. The previous Type IV license expired. The Mitigation Plan was finalized. A letter was sent to the owner notifying that the hearing before the Council will be held September 9, 2013. 06-17-2013 06-17-2013 07-12-2013 Prior Type IV Rental License approval activities: 10-3 1-20 12 The Owner, Heeyoon Kim, applied for an initial rental dwelling license for 4714 Wingard Lane, a single-family residential property. 11-28-2012 An initial rental inspection was conducted. (17 property code violations were cited, see attached rental criteria) 12-31-2012 A second rental inspection was conducted and passed with weather deferral. (Item related to repair of exterior stairs.) 01-07-2013 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 01-16-2013 A Mitigation Plan was submitted. 01-17-2013 The Mitigation Plan was finalized. 01-17-2013 A letter was sent to the owner notifying that the hearing before the Council will be held January 28, 2013. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for 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 oi modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Rental License Category Criteria Policy — Adopted by City Council 03-0840 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: •At least 75% of units will be inspected for properties with 15 or less units. •At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people ant/preserves the public trust 1-2 units 3+ units 0-1Type I — 3 Year 0-0.75 Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit Greater than 1 but not. more than 4 Greater than 0.75 but not more than 1.5 ta1er than 4 but not more than 8 Greater than 1.5 but not more than 3 Greater than 8 Greater than 3 Type 11-2 Year 1-2 units 3+ units Type III — 1 Year Type IV —6 Months 1-2 units M 3+ units 1-2 units 3+ units License Category No Category Impact Decrease 1 Category Decrease 2 Categories Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) 1-2 3-4 Units 5 or more units Greater than 1 but not more than 3 Greater than 0.25 but not more than 1 Greater than 0.35 . but not more than 0.50 Greater than 3 Greater than 1 0-1 0-0.25 0-0.35 1-2 3-4 units 5 or more units 1-2 3-4 units 5 or more units Greater than 0.50 COUNCIL ITEM MEMORANDUM 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). Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for people and preserves the public trust COUNCIL ITEM MEMORANDUM Strategic Priorities: * Vibrant Neighborhoods Attachment . - Copy of Mitigation Plan Approved as Part of the September 9, 2013 Type IV Rental License Approval - Resolution Approving a Type IV Rental License for 4714 Wingard Lane Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust -iv City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 mom Phone: 763-569-3300 TTY 711 Fox: 763-569-3360 www.cityofbrooklyncenterorg COUNCIL ITEM MEMORANDUM Rental License Mitigation Plan--Type IV Rental License Handwritten plans will not be accepted. Please type or use fillable form on City website. Section A— Proper ty Information Center, MN 55429Property Address:4714 VVingard Ln, Brooklyn Owner Name: Heeyon Kim Local Agent: Owner Address: , 16624 Excelsior Blvd MN 55345 Agent Address: Owner Phone: 612 300 2200 _Agent Phone: Owner Un iii NA Agent Email: Rental License : I 1 New I I Renewal: Cur'rer *Pending (Six months t License Expiration Date: 7 /31 /13 Type IV License Exp. 1 tc:1 /31 /14 - from cari .eh( license eaph -alion) Based on property conditions and/or 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 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 oneoine 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. Section B— Required Documents 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. 2 Copy of Lease including Minnesota Crime Free Housing Lease Addendum I 3. Submit written report by le of each month (after license approval). I I 1 Section C7- Ci urn. Free Housing Program Requirements c 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. I 3 Pursue the eviction of tenants who violate the terms of the lease or any addendutns. IIi I 1/ Page 1 Type IV Mitigation Plan Rev 11-16-11 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 4. Attend City approved eight hour Crime Free Housing course. Date Course Completed: 1214 /12 or Date Course Scheduled: Phase H V J Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. Date Scheduled: PI^ t •-/ Improvements to be completed by: base IIII I will attend a minimum o150% of the ARM meetings (two). I will attend the ARM meetings scheduled for: 9112113 Do these two meeting dates occur before the *Pending Type I ILicense expiration date? IN 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 mils: H I will conduct resident training annually that includes crime prevention techniques.M I will hold regular resident meetings. Section EJ — Long Term -Capita] Improvements Plan 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 re lacement date will rectuire earlier corrections. Date Last Replaced Estimated Replacement Date Furnace/AC-2013 2043 Water Heater-2043 Kitchen Appliances-2013 2028 Laundry Appliances-2023 Exterior -Paint/Siding, fascia, trim 2018 -Windows 2028 -Roof 2023 -Fence 2023 -Shed NA -Garage 2023 -Driveway 2030 -Sidewalks NA Smoke Alarms & Carbon Monoxide Alarms 2013 2020 Other(s) Section E —.Steps to Improve Management and Conditions of -Property Implementing the following best practices may assist in the management of your property.rylcking the boxes below, you agree to: 1 Check in with tenants every 30 days.1111 2. Drive by property to check for violations twice a month. Page 2 Type IV Mitigation Plan Rev 11-16-11 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust 84 11/7/13 [1,Z(8. I am and will remain cun-ent on payment of utility fees, taxes, assessments, fines, penalties and other financial claims due to the City. 9. Other(s): 3. Evict tenants in violation of the lease and all addendums. I 4. Provide lawn/snow service. 5. Provide garbage service. 6, Install security system. 7. Provide maintenance service plan for appliances. Name of service co.: COUNCIL ITEM MEMORANDUM 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 th 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. //,..yeaN Krfri AweR Owner or Agent Name and Title (Please Print) Date Additional Owner or Agent Name and Title (if applicable) (Please Print) Additional Owner or Agent Signature (if applicable) Date For City Use—Mitigation Plan Approved By: e- Police Department / Title Dat \C‘il in Co jmunity Standards Department /Title Page 3 Type IV Mitigation Plan Rev 11-16-11 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 4714 WINGARD LANE WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 4714 Wingard Lane, was issued a Type IV Rental License on January 28, 2013; and 'WHEREAS, City Ordinance Section 12-901.2 requires a property owner who receives a Type IV Rental License complete Phase I, II and III of the Crime Free Housing Program; and WHEREAS, City Ordinance Section 12-914.3.c establishes the requirement for an owner of a Type IV rental property to complete Phase II of the Crime Free Housing Program, including attendance at a minimum of 50 percent of Owners/Managers Association Meetings, complete Crime Prevention Through Environmental Design Requirements and City Ordinance Section 12-913 requires submittal of monthly updates; and WHEREAS, the property owner of 4714 Wingard Lane, Brooklyn Center failed to attend Owners/Managers Association Meetings. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE IV Rental License is hereby approved for the property at 4714 Wingard Lane, Brooklyn Center, MN. September 9, 2013 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 tem No, 10c COUNCIL ITEM MEMORANDUM DATE: September 9, 2013 TO: City Council FROM: Curt Boganey, City Manageeb) SUBJECT: Preliminary 2014 Levy and Budget Recommendation: It is recommended that the City Council consider approval/adoption of two resolutions. The first resolution establishes the preliminary property tax levy for the 2014 fiscal year. This levy, upon adoption, becomes the maximum levy allowed to the City for the 2014 fiscal year. The second resolution adopts the preliminary budgets for those funds using portions of the property tax levy for operations. Background: Each year the City is required by State Law to establish a maximum levy and preliminary budget for the use of said levy. Once adopted, the City may not increase the levy but the levy may be decieased. Citizens will receive notice of the maximum levy with their tax notice in the fall. In December the City Council will hold a hearing and adopt the final levy and the final spending plan (budget) for all funds. Financial Stability is one of the Councils Strategic Priorities. One of the success measures identified for this priority is to limit the rate of tax levy increase from year to year. The maximum levy proposed in the attached resolution is $15,038,262 which compares to $14,590,211 in 2013. The proposed dollar increase is $448,051 which is equal 3.07%. This increase, if adopted will impact different classes of property tax payers differently. The enclosed chart illustrates these differences due to the shift in taxable values between the classifications of residential, commercial, industrial, and apartments. As illustrated from the chart, the most significant share of any tax increase is due to the shift in value from residential properties to non-residential properties. As illustrated by the chart most homestead residential properties will have a decrease in property taxes paid to the City while other property classifications will see an increase. This has been a trend in the City for the last several years in large part due to the general decline in the housing market. There are signs that the housing market is improving which suggests that in future years this trend is likely to reverse. As we near the end of our Street and Utility Reconstruction Program (SURP) cycle as anticipated the annual franchise fees of approximately $680,000 will not be sufficient to pay the City share of these critical infrastructure costs. Because of limited franchise fees, over the next eight years we expect a cash flow deficit of approximately $8 million. To manage this deficit and continue the SURF as planned we are proposing the issuance of Public Utility Bonds. The issuance of the bonds every two years in increments of approximate $2 million should be sufficient to fund the Mission: Ensuring an attractive, clean, safe, inclusive conununity that enhances' the quality of life for people and preserves the public trust COUNCIL ITEM MEMORANDUM deficit while maintain a relatively level debt service payment estimated at $687,000. It is important to note that the bonds have yet to be sold or authorized for sale. Should the Council decide not to issue these bonds; the maximum levy will be reduced by $687,000. The property tax levy is shared among several uses as follows: General Property Tax Levy $ 13,928,645 Fire Relief Association Pension 12,711 Foreclosure Levy $ 125,000 Public Improvement Bond $ 687,000 Abatement Levy $ 41,644 HRA Levy $ 243,262 The Preliminary Budget: By City Charter the City Manager is charged with responsibility of presenting a balanced budget to the City Council. The City Council has adopted a set of fiscal policies that provide guidance and parameters for the budget. In addition the City meets annually to establish strategic priorities and success measures. Over the last several months the City Council and Financial Commission have met to review and discuss the proposed preliminary budget. Over the next several months additional review will be conducted as we establish final budgets for the General Fund and all other fund budgets. The proposed preliminary budget is intended to maintain current levels of service and prioritize the accomplishment of your major strategic priorities 1.Civic Engagement 2.Focused Redevelopment 3.Community Engagement 4.Financial Stability 5. Vibrant Neighborhoods One significant change affecting the proposed budget is the addition of an Inspector Position in the Buildings and Community Standards Department this position will assist in the achievement of Vibrant Neighborhoods with increased enforcement of neighborhood quality, housing and building codes. Beyond this proposed change there are no additions to staff. In the next fiscal year we expect to meet current service levels or make improvements through greater productivity. As the final budget is prepared and reviewed we will describe how the proposed budget will facilitate our efforts to achieve the Council goals. Mission: Ensuring an attractive, clean, safe, inclusive eon:inanity that enhances the quality of lift for people and preserves the public trust .11 City of Brooklyn Center General Fund Budget Year 2014 3.50% increase Revenues Actual 2011 Actual 2012 Budget 2013 Budget 2014 $ change as $ change 96 of total Change 2013 to 2014 Property Tax (net)12,351,57613,208,164 13,590,682 14,066,356475,674 3.50% Excess Tax Increment 49,538 175,827 270,000 270,000 Lodging Tax 853,302 882,621 825,000 860,000 35,000 4.24% Licenses & Permits 961,947 858,593 641,208 743,668 102,460 15.98% Intergovernmental Revenue 523,569 555,102645,872 481,493 (164,379)(25.45%) Local Governmental Aid 411,378 411,378 411,378531,743 120,365 29.26% BCS Fees 357,322 305,499 190,500 156,150 (34,350)(18.03%) Police Fees 89,849 84,566 58,100 58,100 0.00%Nusiance Fees 7,668 5,305 15,000 10,000(5,000)(33.33%) Recreation Fees 285,671 263,045271,374 254,731 (16,643)(6.13%) Community Center Fees 357,822 388,210 378,600 404,100 25,500 6.74% Fines & Forfeits 340,356 336,740 365,000 349,500 (15,500)(4.25%) Other Revenues 394,032 455,626 136,275 106,800 (29,475)(21.63%) Special Assessments 39,793 91,298 75,000 75,000 Other Financing Resources 162,075 162,075 17,023,823 18,021,974 17,528,989 18,529,716 1,000,727 5.71% Expenditures Mayor Council 129,734 120,690 132,819 144,597 11,778 8.87% City Manager 278,602 288,946 292,549 306,664 14,115 4.82% Elections 94,660110,309 86,434 116,667 30,233 34.98% City Clerk 149,180 159,576 161,198 169,004 7,806 4.84%Finance 482,015 505,555 517,596 529,861 12,265 2.37% Legal 402,824 374,696 393,470 393,750 280 0.07% Human Resources 273,879 305,111 301,426 311,014 9,588 3.18% Information Technology 472,771 402,150 444,395 460,720 16,325 3.67% General Buildings 764,224 783,978 764,248 809,667 45,419 5.94% Planning & Zoning 142,148 144,438 144,026 156,379 12,353 8.58% Assessing 298,990 334,915 383,371 374,795 (8,576)(2.24%) Police Administration 254,704 263,496 263,818 275,821 12,003 4.55% Police Investigation 826,236 844,882 832,836 853,290 20,454 2.46% Police Patrol 4,533,146 4,768,812 5,160,110 5,391,287 231,177 4.48% Police Support Services 771,182 787,927 849,797906,805 57,008 6.71% Police Building 183,053 195,690 216,234232,306 16,072 7.43% Fire Department 873,579 947,399982,217 1,048,76966,552 6.78% Emergency Preparedness 92,040 91,830 77,662 85,325 7,663 9.87% Building Inspections 403,114 412,677 451,190 561,785 110,595 24.51°/o Code Enforcement 361,031 330,317420,775 444,325 23,550 5.60% CARS Administration 193,156 189,439 202,236 205,464 3,228 1.60% Recreation Administration 420,372 429,181 448,032456,185 8,153 1.82% Adult Recreation 178,131 164,983183,142169,119 (14,023)(7.66%) Teen Recreation 4,477 10,259 37,31316,921 (20,392)(54.65%) Children's Recreation 40,297 35,08740,886 43,173 2,287 5.59% General Recreation 25,107 25,102 28,031 28,853 822 2.93% Community Center 236,943 172,131 210,747 215,993 5,246 2.49% Pool 304,195 356,389318,109 327,321 9,212 2.90% Engineering 611,739 585,837 722,495 828,660 106,165 14.69% Streets 1,173,563 1,216,994 1,360,395 1,413,345 52,950 3.89% Traffic Control 212,682 213,477207,467 217,629 10,162 4.90% Parks Maintenance 836,325 931,420 933,083 966,982 33,899 3.63% Forestry 90,056 93,702 95,403 97,400 1,997 2.0996 Joint Powers Payments 95,849 141,504 153,370 161,000 7,630 4.97% Convention & Tourism 409,843 419,387 384,037 408,500 24,463 6.37% Insurance 178,873 147,039197,420 210,170 12,750 6.46% Central Supply (Unallocated)•137,503 140,653102,050 •139,200 37,150 36.40% Reimbursements (883,279)(700,065)(1,069,398)(1,049,030)20,368 (1.90%) Transfers Out 70,000 320,000 98,000 100,000 2,000 2.04% 16,122,94417,065,913 17,528,989 18,529,716 1,000,727 5.71% GAP 900,879 956,061 G: \ Budget \ 2014 Budget \2014 OF 3.5% SUMMARY 9/5/2013• ett a)01Cru_cU‹.)0 .....E.)ozt. tr) or; ,...c..) ....E.!ci:)..) cep c..) coci 6 eTh e•—■.,,c....> „s.-„! ....o .....c..! ....o.cr..... cez) ;::;30 cr.?... con •:1- 0 ..--1 c) L.r)cri c5, i-i cri ri..._., -aa)1 (f)o1 O.2n_ ,i->, .r_iraa. c) NI in Lc) ocisNcs,-`,'-'-11 ,-1 c=0 N c) c\i- LA"r-I N—I c) .cr. 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(.4 Nm _a (1) .-a) N >. i_i 2 0r\I Cr) N I.6 N. 0:cr) ,—I CICSN 0rz in- 1-1 N.-1 INI COCO Ck)I I i r) (NI cr.). NI, C) Q.:I rs, O esi CO CO N r-I '1"Lc.2 r...... 0Ncri- 0N ONi. N.2 06. '7i' asLr) I, °1 .. I.. I I I 0,00In mv-i qei. 4 0tO cc)Tr) (1) c a)a)a).1.-J °-C03X .0 CD (../) i- • • 4-' -0 Lnc v) s. ci) 'cCI-2) 0 (uco -°ca) —I co (I) -Us-I C LU 4r) Ell. a) 4--) . , u jE c o(.» G.) (1) CC) ''f0 CZ/ 'CD 0 > E q) --.1 L- a) 7.3 0 a.) '4 a:C C • - (i) il-) 0- CO 1"..(1.) 0 . " o E-°(..7 a. u_ u_ )--1 < rN I° L.) CC1 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A PRELIMINARY TAX CAPACITY LEVY FOR THE GENERAL FUND AND DEBT SERVICE FUNDS AND A MARKET VALUE TAX LEVY FOR THE HOUSING AND REDEVELOPMENT AUTHORITY FOR PROPERTY TAXES PAYABLE IN 2014 WHEREAS, the City Council of the City of Brooklyn Center is the governing body of the City of Brooklyn Center; and WHEREAS, Minnesota Statutes require that the preliminary property tax levy for property taxes payable in 2014 be provided to the Hennepin County Auditor no later than September 15, 2013. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that a tax is hereby levied on all taxable real and personal property within the City of Brooklyn Center for the purpose and sums as follows: General Fund - Tax Capacity Based General Tax Limited Levy $ 13,928,645 Special Levy for Fire Relief Association 12,711 Special Levy for Foreclosure Costs 125,000 Subtotal for General Fund Levies $ 14,066,356 Other Tax Capacity Based Abatement $ 41,644 Public Improvement Bond Levy 687,000 Housing and Redevelopment Authority HRA Tax Levy $ 243,262 TOTAL LEVY $ 15 038 262 September 9, 2013 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. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING A PRELIMINARY BUDGET FOR THE 2014 FISCAL YEAR WHEREAS, the City Council of the City of Brooklyn Center is the governing body of the City of Brooklyn Center; and WHEREAS, Minnesota Statutes require that a preliminary budget be adopted for funds using property tax revenues along with the adoption of the preliminary property tax levy; and , WHEREAS, a preliminary property tax levy of $14,351,262 has been proposed for adoption the basis for the budget proposed herewith. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the following amounts be adopted as the preliminary budget for property tax supported funds appropriated as follows: REVENUES: General Fund Property Tax Levy (net)$ 14,066,356 Excess Tax Increment 270,000 Sales Tax — Lodging Tax Gross Receipts 860,000 Licenses & Permits 743,668 Intergovernmental Revenues 481,493 Local Government Aid 531,743 General Government Service Charges 156,150 Code Enforcement Service Charges 10,000 Recreation Fees and Charges 658,831 Public Safety Service Charges 58,100 Fines & Forfeitures 349,500 Miscellaneous Revenues 106,800 Special Assessments 75,000 Other Financing Resources 162,075 Subtotal General Fund $ 18,529,716 Housing and Redevelopment Authority Property Tax Levy $ 243,262 TOTAL BUDGETED REVENUES $ 18,772,978 RESOLUTION NO. EXPENDITURE APPROPRIATIONS: General Fund Operating Divisions $ 19,478,746 Reimbursements from Other Funds (1,049,030) Transfers to Capital Projects Funds 100,000 Subtotal General Fund $ 18,529,716 Housing & Redevelopment Authority Transfer to Economic Development Authority $ 243,262 TOTAL BUDGETED APPROPRIATIONS $ 18,772,978 September 9, 2013 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. AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION September 9, 2013 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. Unfunded Capital Projects PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1.BC University 2.Assessment Hearing Policy 3.Strategic Plan Annual Report for Year Ending 2012 4.Inclusion and Diversity Follow Up — Community Engagement Strategies 5.Mission Statement Review 6.Consideration of Modifying Setback Requirements for Front Porches Parking Lot Issues 1. Joint Meeting with Charter Commission Work Sess©n Agenda litern N©0 1 MEMORANDUM - COUNCIL WORK SESSION DATE: September 5, 2013 TO: City Council FROM: Curt Boganey, City Mana SUBJECT: Unfunded Capital Projects Recommendation: It is recommended that the City Council consider providing direction to staff regarding the funding of certain identified capital projects. Background: On August 9 th the City Council reviewed the status of several capital projects. Some of these projects have been included in the 15 year Capital Improvement Plan (CIP) for several years without an identified source of funding. Some of these projects have been identified as important but have not been previously included in the CIP. On August 23 th the City Council met and prioritized the identified projects. The result of the project prioritization is as follows: Project Points Amphitheater 15 2014 CMBP 15 Street Reconstruction 15 Brooklyn Blvd Corridor 10 Council Chambers Technology 9 2015-2025 CMPB 8 Community Center Renovations 8 City Hall Renovations 7 Hwy 252 Improvements 6 Doors/Windows CAC/City Hall 4 I have enclosed two charts. The first chart list all of the proposed projects in order of priority along with estimated funding needs over the next 8 years. The four lowest priority projects have no specified costs identified either because they are such a low priority of the Council or because the estimated costs are too uncertain at this time. The second and third chart identifies potential sources of funding that will cover the estimated costs for the highest priority projects. The difference between Chart 2 and Chart 3 relates to the year the bonds would be sold for the Street Reconstruction Program and the number of years LGA is identified as a source of funding. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life •en. all people and preserves the public trust MEMORANDUM - COUNCIL WORK SESSION On Monday we will describe and explain the basis for the potential funding scenarios. If the Council reaches consensus on the projects to include in the CIP and a potential funding method we recommend that the funding program be established by Council policy to guide future capital planning. Policy Issues: Strategic Priorities: 6 Financial Stability Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust tr) 1r ul o m 00 00 N Ix) cr-J rs1 a-4 0 •4 _SMCOrrINN-INNNr-10 (1.1 MCOMNOINN,-4NN C 0 CO r 0 0 0 0 0 0 0 0 Cd•MMOIM(flNr-INe-le--1 cn M M m N N CrI N N 4-1 - v)Co ..-p v-)co +,>coco '6 ca) EC (110 TS r:G c L4c C >- '.. 0 oo 0 IDA0 a. Lij -4:" 0-0 v"" U .3 CI3 a9 n3> __+4I-CD v.) -0 c 2 (...)0 0 0Itc > ..c (..) c N4-, CL >sea co o =7. L) >- cu Lr) .72 NCU U UU (1.) Lr) :172 cc (N II_c 2 a) c I- rsI c — >, E 8U W >- 7:-. 0 0 76 r 0 ( N 1 m ri 1.:-C 4, M. U (-1 E i ---,v) 11 = II cl.a .f- a, o c Ln u .0 -u ,-a) 0 ‘-i E ,.. ..c h0 CU > 0 4+, 2 00 o .= o ± 2 oQN v (N(J-IcOUOI 0 -.I Z Amphitheater Capital Maintenance Buiding Plan 2014 2014 $ 100,000 $ 4,106,000 2015 2016 Unfunded CIP Expenditures 2017 2018 2019 2020 2021 2022 $ $ Total 100,000 4,106,000 Street Reconstruction $671,840 $ 1,011,680 $ 989,209 $ 1,036,682 $ 1,879,274 $ 1,463,972 $ 1,602,632 $ (383,362)$8,271,927 Brooklyn Blvd Cooridor Project $ 119,600 $ 630,400 $ 2,178,000 $ 745,800 $3,673,800 Council Technology $45,000 $45,000 CIVIBP 2015 -2021 $ 203,000 $ 273,000 $ 396,000 $ 434,000 $ 144,000 $ 71,000 $401,000 $1,922,000 Community Center Renovations City Hall Renovations Highway 252 Improvements Doors and Windows Total 4,922,840 $ 1,334,280 $ 1,619,609 $ 3,487,682 $ 3,021,074 $ 1,897,972 $ 1,746,632 $ (312,362) $ 401,000 $ 18,118,727 Chart 1 2014 2015 2016 Beginning Cash Balance 4,000,000 $ 2,277,160 $ 2,237,880 Fund Balance Transfer 300,000 Local Government Aid 800,000 650,000 300,000 650,000 Excess Tax Increment 200,000 $ 200,000 $ 200,000 Cable Fees (council chambers) $ 200,000 $ 26,000 $ 26,000 TIF 2 Increment (BBlvd) $ 119,000 TIF #3 Increment (BBlvd) $ 300,000 Public Improvement Bonds (street const.) $ 2,000,000 $ 2,000,000 Total $ 7,200,000 $ 3,572,160 $ 5,713,880 Expenditures (4,922,840) $ (1,334,280) $ (1,619,609) Net Total $ 2,277,160 $ 2,237,880 $ 4,094,271 CIP Plan 2014-2022 unfunded projects 2017 $ 4,094,271 $ 300,000 650,000 $ 200,000 $ 26,000 $ 200,000 $ 5,470,271 $ (3,487,682) $ 1,982,589 2018 $ 1,982,589 $ 300,000 $ 200,000 $ 26,000 $ 200,000 $ 2,000,000 $ 4,708,589 $ (3,021,074) $ 1,687,515 2019 $ 1,687,515 $ 300,000 $ 200,000 $ 26,000 $ 2,213,515 $ (1,897,972) $ 315,543 2020 $ 315,543 $ 300,000 $ 200,000 $ 26,000 $ 2,000,000 $ 2,841,543 $ (1,746,632) $ 1,094,911 2021 $ 1,094,911 $ 300,000 $ 200,000 $ 26,000 $ 2,000,000 $ 3,620,911 $ 312,362 $ 3,933,273 2022 $ 3,933,273 $ 300,000 $ 26,000 $ 516,905 $ 4,776,178 $ (401,000) $ 4,375,178 $ Total (18,118,727) Chart 2 2014 2015 Beginning Cash Balance 4,000,000 $ 277,160 Fund Balance Transfer Local Government Aid Excess Tax Increment $ 200,000 $ 200,000 Cable Fees (council chambers) $ 200,000 $ 26,000 TIF 2 Increment (BBlvd) $ 119,000 TIF #3 Increment (BBlvd) Public Improvement Bonds (street const.) $ 2,000,000 Total $ 5,200,000 $ 3,572,160 Expenditures $ (4,922,840) $ (1,334,280) Net Total $ 277,160 $ 2,237,880 CIP Plan 2014-2022 unfunded projects 2016 $ 2,237,880 $ 300,000 650,000 $ 200,000 $ 26,000 $ 300,000 $ 3,713,880 $ (1,619,609) $ 2,094,271 2017 $ 2,094,271 $ 300,000 650,000 $ 200,000 $ 26,000 $ 200,000 $ 2,000,000 $ 5,470,271 $ (3,487,682) $ 1,982,589 2018 $ 1,982,589 $ 300,000 650,000 $ 200,000 $ 26,000 $ 200,000 $ 3,358,589 $ (3,021,074) $ 337,515 2019 $ 337,515 $ 300,000 650,000 $ 200,000 $ 26,000 $ 2,000,000 $ 3,513,515 $ (1,897,972) $ 1,615,543 2020 $ 1,615,543 $ 300,000 $ 200,000 $ 26,000 $ 2,141,543 $ (1,746,632) $ 394,911 2021 $ 394,911 $ 300,000 $ 200,000 $ 26,000 $ 2,000,000 $ 2,920,911 $ 312,362 $ 3,233,273 2022 $ 3,233,273 $ 300,000 $ 26,000 $ 516,905 $ 4,076,178 $ (401,000) $ 3,675,178 $ Total (18,118,727) Chart 3