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HomeMy WebLinkAbout2013 10-14 CCP Regular SessionAGENDA CITY COUNCIL STUDY SESSION October 14 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 3.Discussion of Work Session Agenda Items as Time Permits 4.Adjourn CITY COUNCIL MEETING City of Brooklyn Center October 14, 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.September 23 2013 — Study Session 2.September 23, 2013 — Regular Session 3.September 23, 2013 — Work Session 4.October 7, 2013 — Joint Work Session with Financial Commission b. Licenses 7. Presentations/Proclamations/Recognitions/Donations a.Resolution Expressing Recognition and Appreciation of Roger Peterson for His Dedicated Public Service on the Park and Recreation Commission Requested Council Action: —Motion to adopt resolution. b.Resolution Recognizing Resident Volunteers Who Participated in the City of Brooklyn Center's 2013 Landscape and Garden Spotlight Requested Council Action: —Motion to adopt resolution. CITY COUNCIL AGENDA -2- October 14, 2013 8.Public Hearings —None 9.Planning Commission Items a.Planning Commission Application No. 2013-018 Submitted by Gatlin Development Company. Request for a Planned Unit Development Amendment (No. 4) to the 2011 Shingle Creek Crossing Planned Unit Development. The Planning Commission recommended approval of this application at its September 26, 2013, meeting. 1. Resolution Regarding the Disposition of Planning Commission Application No. 2013-018 Submitted by Gatlin Development Company for a Planned Unit Development Amendment (No. 4) to the 2011 Shingle Creek Crossing Planned Unit Development Requested Council Action: —Motion to adopt resolution. b.Planning Commission Application No. 2013-019 Submitted by Loren Van Der Slik on Behalf of Gatlin Development Company. Request for Site and Building Plan Approval for Proposed Building D, Located on Lot 1 Block 1, Shingle Creek Crossing 2 1d Addition (1090 Shingle Creek Crossing). The Planning Commission recommended approval of this application at its September 26, 2013, meeting. 1. Resolution Regarding the Disposition of Planning Commission Application No. 2013-019 Submitted by Loren Van Der Slik on Behalf of Gatlin Development Company, Approving the Site and Building Plan for Proposed Building D, Located on Lot 1 Block 1, Shingle Creek Crossing 2' Addition (1090 Shingle Creek Crossing) Requested Council Action: —Motion to adopt resolution. 10. Council Consideration Items a. Consideration of Type IV 6-Month Provisional Rental License for 1510 69th Avenue North Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Take action on rental license application and mitigation plan. CITY COUNCIL AGENDA -3- October 14, 2013 b. Consideration of Type IV 6-Month Provisional Rental License for 5713 Humboldt Avenue North Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Take action on rental license application and mitigation plan. c. Consideration of Type IV 6-Month Provisional Rental License for 6807 Humboldt Avenue North C301 Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Take action on rental license application and mitigation plan. d. Consideration of Type IV 6-Month Provisional Rental License for 6813 Humboldt Avenue North B302 Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Take action on rental license application and mitigation plan. e. Consideration of Type IV 6-Month Provisional Rental License for 7200-7224 Camden Avenue North, Evergreen Park Manor 1. Resolution Approving a Type IV Rental License for 7200-7224 Camden Avenue North, Evergreen Park Manor Requested Council Action: —Receive staff report. —Motion to continue hearing. —Receive testimony from applicant. —Motion to close hearing. —Motion to adopt resolution. 11.Council Report 12.Adjournment City Council Agenda 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 SEPTEMBER 23, 2013 CITY HALL — COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Pro Tem Dan Ryan at 6:00 p.m. ROLL CALL Mayor Pro Tem Dan Ryan and Councilmembers Carol Kleven, Kris Lawrence-Anderson, and Lin Myszkowski. Mayor Tim Willson was absent and excused. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS It was the majority consensus of the City Council to accept the correction to the September 9, 2013, Regular Session minutes. Councilmember Lawrence-Anderson requested the following correction to the Regular Session minutes of September 9, 2013: Page 11, Second Paragraph, Last bullet point: September 14 sat, 2013, Police Department Open House It was noted that tonight's Work Session agenda had been revised to remove Item 2. Strategic Plan Annual Report for Year Ending 2012. Councilmember Lawrence-Anderson requested discussion on Item 6b, Rental Licenses, in particular noting that several renewal licenses moved to a better license type. The City Council agreed with her suggestion to ask, at staff's convenience, to prepare a report on how many properties were in the Type IV category when the program started compared to the level in that category today. City Manager Curt Boganey stated that staff will prepare a report showing trends in the types of rental licenses since inception of the program. Councilmember Lawrence-Anderson requested discussion on Item 6d, Resolution Calling for a Public Hearing on a Modification to the Redevelopment Plan for Housing Development and 09/23/13 -1- DRAFT Redevelopment Project No. 1, Modification of Tax Increment Financing District No. 3, and the Adoption of a Modification to Tax Increment Financing Plan, in particular whether the TIF amendment is needed for bookkeeping purposes. Mr. Boganey explained the potential income for TIF 3 has grown significantly and the primary reason for the Public Hearing and amending TIF District 3 is to sell a bond to receive the proceeds and to make acquisitions the City Council has given authority to pursue. MISCELLANEOUS Salvation Army Collection Boxes Councilmember Kleven presented photographs of Salvation Army donation boxes showing they are overflowing and surrounded with items not yet collected. She reviewed resident comments expressing concern and the need to equally impose the City's ordinances relating to junk. Councilmember Kleven reported on the days for pickup and that the Salvation Army will respond within two hours when a complaint is received. The City Council discussed the location of other donation drop boxes and options to address this concern. Mr. Boganey stated staff will contact and work with the Salvation Army to find resolution. Recent Quote in Newspaper Councilmember Myszkowski stated two residents have voiced concerns about a newspaper quote relating to the incident when a police officer shot a suspect indicating "It was a good shoot." She urged staff to use compassion when comments are made during an investigation. Mr. Boganey stated that quote was attributed to an attorney for the officers, through their union, and not by a person who was under the control or jurisdiction of the City. Councilmember Lawrence-Anderson agreed that comment does not sound right; however, there is an internal language and that comment was validating that due to the circumstance, it was an appropriate response. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS MISSION STATEMENT REVIEW Mr. Boganey introduced the item and stated the City's current mission statement is: "Our mission is to ensure an attractive, clean, safe community that enhances the quality of life and preserves the public trust." He reviewed that during the Retreat, it was agreed the mission statement could be improved, become more concise, and easier to remember. Mr. Boganey noted the City Council has been provided with additional information and indicated he resonates toward the definition of John Carver who says a mission statement needs to answer two questions: What is the organization for? How will the world be different as a result of our efforts? Mr. Boganey suggested the mission statement should also be stated in results language to indicate what the result will be, it should be of few words and succinct, and authenticated by the City Council who acts on behalf of the owners (residents). He noted that Mr. Carver also indicates there should be horizontal integration, so it is seen everywhere and all know what the City Council is attempting to achieve. For employees, it should identify how their work 09/23/13 -2- DRAFT connects. There should also be vertical integration with the mission becoming the backbone throughout the entire organization so all understand how the work they do relates to the mission. Mr. Boganey stated if the City Council agrees that is a reasonable way to proceed, the first question is for whose benefit does the City Council exist and who were the City Council elected to serve. He reviewed the Osseo School District's mission statement indicating: "Our mission is to inspire and prepare all students with the confidence, courage and competence to achieve their dreams; contribute to the community; and engage in a lifetime of learning." However, perhaps John Carver would shorten it to state: "Our mission is to inspire and prepare all students with the confidence, courage and competence to achieve their dreams." Mr. Boganey stated this mission statement is clear in whom it exists to benefit: all students. The City Council stated it exists to serve: residents, businesses and their employees, visitors, everyone within the City's boundaries, and City employees. Mr. Boganey stated the question is who the City Council is elected to serve, noting employees would not be included but he agreed they are stakeholders. He asked what results/outcome "they" should expect from the City Council. The City Council stated the results/outcomes are: protection, safety, quality municipal services, to create and sustain and enhance the community's environment, create a livable community where everyone is able to thrive, preserving the public's trust, transparency, and being supportive of the school districts. Councilmember Myszkowski asked whether preserving the public's trust is actually a value statement. Councilmember Lawrence-Anderson stated it is apparent that the City Council wants to be certain it is fiscally responsible and that it holds transparency in high regard. She found it to be a benchmark for the future that the City Council will always behave in that way, not that it had ever been a past issue. Councilmember Kleven stated she is satisfied with the current mission statement. Councilmember Myszkowski stated she supports updating the mission statement to inspire and create one that is easier to remember. Councilmember Lawrence-Anderson read a mission statement indicating: "Preserving our heritage, fostering opportunity, building community, and enhancing quality of life for all." ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Lawrence-Anderson moved and Councilmember Kleven seconded to close the Study Session at 6:45 p.m. Motion passed unanimously. 09/23/13 -.3- DRAFT RECONVENE STUDY SESSION Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to reconvene the Study Session at 6:46 p.m. Motion passed unanimously. MISSION STATEMENT REVIEW — CONTINUED The discussion continued on the City's mission statement. Mr. Boganey stated preserving the City's trust would be considered a value statement by Mr. Carver as it relates to executive limitations, which is a set of parameters around policy that the City Council is expected to operate within. Mr. Boganey referenced Page 69 of Focusing on Results stating the mission of the Metropolitan Indianapolis Board of Realtors and explained how the City's mission statement can become more detailed and enhanced. He stated preserving the public's trust is a way of further refining how the City Council goes about achieving its mission. He noted the Osseo mission statement could conclude at "inspire and prepare all students" but the rest of the wording enhances that mission. Mayor Pro Tem Ryan stated there could be a more effective mission statement for Brooklyn Center that is distinct but the key values in how to serve the public could indicate "operate in a manner that preserves the public trust and accountability." Mr. Boganey agreed those parameters can be added around the primary mission. Mr. Boganey stated the current mission statement could be more concise by shortening it to indicate: "To ensure an attractive, clean and safe community." However, that does not address creating a community where all will thrive, which says something different to constituents. He noted that mission driven organizations have advantages but it depends on how the mission statement is defined. Mayor Pro Tem Ryan offered: "Our mission, to ensure a safe, secure, attractive community that enhances the quality of life for all." Discussion on this item continued and reached conclusion during the September 23, 2013, Work Session. ADJOURNMENT Councilmember Kleven moved and Councilmember Lawrence-Anderson seconded to close the Study Session at 6:56 p.m. Motion passed unanimously. 09/23/13 -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 SEPTEMBER 23, 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 Pro Tem Ryan at 6:45 p.m. ROLL CALL Mayor Pro Tem Dan Ryan and Councilmembers Carol Kleven, Kris Lawrence-Anderson, and Lin Myszkowski. Mayor Tim Willson was absent and excused. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. Mayor Pro Tem Ryan opened the meeting for the purpose of Informal Open Forum. No one wished to address the City Council. Councilmember Kleven moved and Councilmember Lawrence-Anderson seconded to close the Informal Open Forum at 6:46 p.m. Motion passed unanimously. 2.INVOCATION Mayor Pro Tem Ryan requested a moment of silence and personal reflection as the Invocation. 3.CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Pro Tem Dan Ryan at 7:00 p.m. 4.ROLL CALL Mayor Pro Tem Dan Ryan and Councilmembers Carol Kleven, Kris Lawrence-Anderson, and Lin Myszkowski. Mayor Tim Willson was absent and excused. Also present were City 09/23/13 -1- DRAFT Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, Police Commander Tim Gannon, 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 Myszkowski moved and Councilmember Lawrence-Anderson seconded to approve the Agenda and Consent Agenda, as amended, with amendments to the Regular Session minutes of September 9, 2013, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1.September 3, 2013 — Joint Work Session with Financial Commission 2.September 9, 2013 — Study Session 3.September 9, 2013 — Regular Session 4.September 9, 2013 — Work Session 5. September 13, 2013 — Special Session 6b. LICENSES MECHANICAL Air Comfort Heating & A/C Commercial Plumbing & Heating Kleve & JC Mechanical MN Plumbing & Appliance PBS Residential Heating & Air RENTAL INITIAL (TYPE III — one-year license) 6107 Emerson Avenue N. INITIAL (TYPE II— two-year license) 5343 70th Circle 6115 Aldrich Avenue N. 6413 June Avenue N. 5400 Queen Avenue N. RENEWAL (TYPE — one-year license) 6406 Indiana Avenue N. RENEWAL TYPE — two-year license) 19170 Jasper Street NW, Anoka 24428 Greenway Avenue, Forest Lake 12907 Pioneer Trail, Eden Prairie 14105 Rutgers Street NE, Prior Lake 9410 Bataan Street NE, BlaMe 1815 East 41 st Street, Minneapolis Lydia Yeboah Lowell Zachman Kin Chew Doug Wahl Prosperous Property William Coleman 09/23/13 -2- DRAFT 5200 63 rd Avenue N. 6700 Bryant Avenue N. 5408 Colfax Avenue N. 7143 France Avenue N. 6443 Marlin Drive 6400 Quail Avenue N. RENEWAL (TYPE I— three-year license) 5501 Brooklyn Boulevard 5619 Knox Avenue N. 5712 Logan Avenue N. SIGNHANGER Aero, Inc. dba Arrow Fence & Sign Elements Sign A Rama VEO Sign Evaristus Ejimadu Scott Poppenhagen SuFeng Zheng Yi Lin Trevor Tjelmeland On Time Contractors Mains'l Properties Justin Jennrich Dwayne Meier 18607 Highway 65 NE, Cedar 10044 Flanders Court, Blaine 5640 West Broadway, Crystal 6353 Martin Avenue NE, Otsego 6c.APPLICATION AND PERMIT FOR TEMPORARY ON-SALE LIQUOR LICENSE SUBMITTED BY CITY OF LAKES NORDIC SKI FOUNDATION FOR AN EVENT TO BE HELD AT SURLY BREWING COMPANY, 4811 DUSHARME DRIVE, BROOKLYN CENTER, ON OCTOBER 26, 2013 6d.RESOLUTION NO. 2013-115 CALLING FOR A PUBLIC HEARING ON A MODIFICATION TO THE REDEVELOPMENT PLAN FOR HOUSING DEVELOPMENT AND REDEVELOPMENT PROJECT NO. 1, MODIFICATION OF TAX INCREMENT FINANCING DISTRICT NO. 3, AND THE ADOPTION OF A MODIFICATION TO TAX INCREMENT FINANCING PLAN 6e. APPROVAL OF SITE PERFORMANCE GUARANTEE REDUCTION FOR 420 66 TH AVENUE NORTH AND 512 66 TH AVENUE NORTH (HOLIDAY STATION-STORE AND RIVER ROAD DENTAL OFFICES) Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. ANNUAL UPDATE — MIKE FREEMAN, HENNEPIN COUNTY ATTORNEY Mike Freeman, Hennepin County Attorney, provided an update on activities of the Hennepin County Attorney's office relating to resolving crime and provided updates on specific cases. He reported that since 2007, crime in Brooklyn Center is down as a result of the City's fine Police Officers, cooperation among agencies, and prosecuting cases brought to the Hennepin County Attorney's office. Mr. Freeman reported that prosecutions are over 94%, which exceeds the 09/23/13 -3- DRAFT national averages. He described their work with juveniles to divert a large number from the criminal justice system, when warranted, their work with DNA to prove guilt, successful prosecution of felons carrying guns, and need to further address gun violence. Mr. Freeman stated he is pleased crime is down in Brooklyn Center and with their relationship with Police Chief Benner. The City Council thanked Hennepin County Attorney Freeman for his work on the City's behalf. 7b.BROOKLYN BRIDGE ALLIANCE FOR YOUTH REPORT Mario Chacon Castellanos, Member of the Brooklyn Youth Council, thanked Councilmember Myszkowski who served as liaison with the Brooklyn Bridge Alliance for Youth. Rebecca Gilgen, Executive Director, thanked the City Council and EDA for its support and use of the Earle Brown facility. She invited everyone to their Open House on October 2, 2013. Mr. Chacon Castellanos and Ms. Gilgen provided an update on activities of the Brooklyn Bridge Alliance for Youth including their common agenda, creation of a backbone organization, (scope of services promoted to all youth, mutually reinforcing activities, establishing a permanent location at the Earle Brown facility, establishment of engagement priorities, establishment of core values, connection to the community), and redesign of the Brooklyns Youth Council. Ms. Gilgen and Mr. Chacon Castellanos then presented the steps that will be taken in the next eight to twelve months and the purpose of each. The City Council thanked Ms. Gilgen and Mr. Chacon Castellanos for providing the report, noting County Attorney Freemen had also thanked the Alliance for its work with the City's youth. Councilmember Kleven moved and Councilmember Myszkowski seconded to receive the report of the Brooklyn Bridge Alliance for Youth Report. Motion passed unanimously. 7c.PRESENTATION BY MIKE SIMS, MID AMERICA REAL ESTATE GROUP, ON MARKET ACTIVITY AND BUSINESS LOCATING WITHIN THE SHINGLE CREEK CROSSING DEVELOPMENT Mike Sims, President of the Mid America Real Estate Group, provided an update on marketing activity and the businesses located within Shingle Creek Crossing. He stated they are looking for site and market driven opportunities. Mr. Sims stated this was the first ground-up development since 2007 and while there is more activity overall, it is still low. He recognized this site has excellent sight corridors and access to arterial roads with pylon signage so now it becomes whether it is a trade area that fits for retailers. He noted LA Fitness is busy and will drive other retail interest. -4- DRAFT09/23/13 Mr. Sims named the tenants that are signed and others that are under negotiations. He stated they were not able to backfill the food court so it will be torn down and prototype buildings constructed. He stated the biggest challenge they have faced is a full service sit-down restaurant but they continue to pursue the right tenant and concept for that site. Mr. Sims stated his appreciation for the assistance of Director of Business and Development Gary Eitel who makes them aware of potential tenant interest. He stated overall, they find activity has exceeded expectations. Mr. Sims answered questions of the City Council, indicating they will again contact Bruegger's Bagel and asked that staff provide contact information for the owner of the alteration shop that had moved to Crystal. He explained they constantly re-contact potential national and regional tenants and Mr. Gatlin is committed to completing a successful quality project of which the City of Brooklyn Center will be proud. The City Council thanked Mr. Sims for providing an update on Shingle Creek Crossing. 7d. RESOLUTION NO. 2013-116 EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF PHIL COHEN Mr. Boganey indicated Mr. Cohen has announced his decision to give up his seat on the Earle Brown Days Committee and the resolution was drafted to honor his commitment to that Committee. Mayor Pro Tern Ryan read in full a Resolution expressing appreciation to Phil Cohen for his 28 dedicated years of public service to the City of Brooklyn Center. He reviewed other activities and areas of service in which former Mayor Cohen has been involved. Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2013-116 Expressing Recognition of and Appreciation for the Dedicated Public Service of Phil Cohen. Motion passed unanimously. The City Council extended their appreciation to Mr. Cohen for his consistent involvement and fund raising efforts. It was noted that Mr. Cohen is currently writing a book on leadership. 8. PUBLIC HEARINGS 8a. CONTINUED SPECIAL ASSESSMENT HEARING FOR PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT UTILITY BILLS City Manager Curt Boganey introduced the item, noting the Public Hearing had been held on September 9, 2013, during which residents appealed the proposed assessments. The City Council continued the Public Hearing on those specific properties and directed staff to 09/23/13 -5- DRAFT investigate each of the appeals. The action before the City Council is to reopen the Public Hearing, accept additional input, and take action on certification of the assessments. Assistant City Manager/Director of Building and Community Standards Vickie Schleuning described the special assessment process, staffs review of each case, and findings for each appeal of delinquent utility bills. Ms. Schleuning presented the appeal statement and findings for 5305 Irving Avenue North and recommendation to assess $105.47 as $120 was paid as of September 18, 2013. She indicated an error has not been substantiated and it was the cost of service rendered. Ms. Schleuning stated staff will work with the appellant on methods to manage and budget for this expense. Ms. Schleuning presented the appeal statement and findings for 5042 Ewing Avenue North and recommendation that $488.48 be assessed to the property as an extensive amount of time passed before the property owner took action to find and/or repair the leak, which resulted in additional water use. Councilmember Kleven moved and Councilmember Myszkowski seconded to reopen the Public Hearing. Motion passed unanimously. No one wished to speak. Councilmember Kleven moved and Councilmember Lawrence-Anderson seconded to close the Public Hearing. Motion passed unanimously. 1. RESOLUTION NO. 2013-117 CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2013-117 Certifying Special Assessments for Delinquent Public Utility Service Accounts to the Hennepin County Tax Rolls, assessing 5305 Irving Avenue North $105.47 and 5042 Ewing Avenue North $488.48. Motion passed unanimously. 8b. CONTINUED SPECIAL ASSESSMENT HEARING FOR PROPOSED SPECIAL ASSESSMENTS FOR ADMINISTRATIVE FINES/CITATION COSTS Ms. Schleuning introduced the item, described the special assessment process, staffs review of each case, and findings for each appeal. 09/23/13 -6- DRAFT Ms. Schleuning presented the appeal statement and findings for 5633 Logan Avenue North and recommendation that the $875 be specially assessed to the Hennepin County tax rolls, as there are two owners at the legal address to which the legal notices and citations were mailed. Ms. Schleuning presented the appeal statement and findings for 5109 Vincent Avenue North and recommendation that the $375 be specially assessed to the Hennepin County tax rolls. It was noted the assessment amount should actually be $500 but staff is recommending the additional $125 not be pursued as the violation was corrected. Ms. Schleuning presented the appeal statement and findings for 6407 Fremont Avenue North and recommendation that the $125 fee not be assessed to the Hennepin County tax rolls as the fee was dismissed by the Hearing Officer. Ms. Schleuning presented the appeal statement and findings for 5826 Humboldt Avenue North and recommendation that the $375 be specially assessed to the Hennepin County tax rolls, as proper legal notice was given and administrative citations were not appealed as prescribed by City ordinance. Ms. Schleuning presented the appeal statement and findings for 6845 Perry Avenue North and recommendation that the $125 be specially assessed to the Hennepin County tax rolls as proper legal notification was provided and the administrative citations were not appealed as prescribed by City ordinance. Ms. Schleuning presented the appeal statement and findings for 3919 52 11d Avenue North and recommendation that the $125 not be specially assessed to the Hennepin County tax rolls, as there was possible miscommunication about the length of time for correction when the administrative citation was issued. Ms. Schleuning presented the appeal statement and findings for 6918 Grimes Avenue North and recommendation that the $855 be specially assessed to the Hennepin County tax rolls, as the administrative penalty program provided the appropriate legal due process and the findings of the hearing officer are supported. Ms. Schleuning presented the appeal statement and findings for 6943 Palmer Lake Drive West and recommendation that the $1,875 be specially assessed to the Hennepin County tax rolls as the administrative citations were not appealed as prescribed by City ordinance. Mayor Pro Tem Ryan referenced the options described in staff's cover memorandum. Ms. Schleuning stated it is staff's recommendation that the City Council consider Option 1 to approve a resolution to certify special assessments, as presented, for administrative fines/citation costs to the Hennepin County tax rolls. Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to reopen the Public Hearing. Motion passed unanimously. 09/23/13 -7- DRAFT Doyinsola Lawall, 5826 Humboldt Avenue North, restated her appeal and asked if the amount can be reduced. Mayor Pro Tem Ryan explained if a car is not properly licensed it is the responsibility of the property owner where the car is parked. Mr. Boganey stated if the City Council elects to adopt the resolution, the full citation will be due and payable with the taxes or it can be paid prior to assessment. The City Council asked questions of Ms. Lawall and noted the time period comprised four months and multiple notices had been mailed to the property. David Wylie, 6943 West Palmer Lake Drive, restated his appeal of the $1,875 citation. He described his education, employment history, and effort to assure his house and yard are well maintained. He stated he now has only one car and appealed to the City Council. Mayor Pro Tern Ryan explained that the issue does not relate to the house but an inoperative vehicle that was not properly licensed. Councilmember Myszkowski moved and Councilmember Kleven seconded to close the Public Hearing. Motion passed unanimously. 1. RESOLUTION NO. 2013-118 CERTIFYING SPECIAL ASSESSMENTS FOR ADMINISTRATIVE FINES / CITATION COSTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2013-118 Certifying Special Assessments for Administrative Fines / Citation Costs to the Hennepin County Tax Rolls, revised as follows: 6407 Freemont Avenue North to remove the assessment of $125 as that fee was dismissed by the Hearing Officer; and, 3919 52 nd Avenue North to remove the assessment of $125, as there was possible miscommunication about the length of time for correction when the administrative citation was issued Motion passed unanimously. 9.PLANNING COMMISSION ITEMS - None. 10.COUNCIL CONSIDERATION ITEMS 10a. CONTINUED CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 5715 EMERSON AVENUE NORTH Ms. Schleuning reviewed that at its September 9, 2013, meeting, the City Council continued 09/23/13 -8- DRAFT consideration of a Type IV 6-Month Provisional Rental License for 5715 Emerson Avenue North since this is the fifth time this property remained at Type IV. The City Council had requested that staff provide a report regarding options for the licensing of this rental property. She stated should the City Council decide to modify or disapprove the Mitigation Plan, staff should be directed to prepare proposed findings for disapproval of the Mitigation Plan and to notify the license applicant of pending license actions to be taken at a subsequent City Council meeting. Ms. Schleuning noted the City Attorney has rendered an opinion and explained the violation did not have to do with Code issues but with not attending the required ARM meetings and not submitting one of the required monthly reports on the Mitigation Plan. She reviewed options for the City Council's consideration and amount of fees imposed against this rental property that is now in compliance. The City Council noted failure to comply with reporting requirements and the Mitigation Plan results in an ordinance violation. City Attorney LeFevere confirmed that is correct, noting many of the fees levied are due to not complying with the Mitigation Plan. He explained that if a rental license and/or Mitigation Plan is not approved, the City has no leverage to require compliance with the Mitigation Plan and the tenant can remain and continue to pay rent. Because of this, there is more motivation for the property owner to comply if a Mitigation Plan is approved. Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to open the hearing. Motion passed unanimously. My Truong, owner of 5715 Emerson Avenue North, apologized for not following the Mitigation Plan and explained they have hired a new property manager that is a graduate of the University of Minnesota and are committed to abide by the City's ordinances. Mr. Truong asked the City Council to give him one more chance to resolve the management issues and abide by the licensing requirements. The City Council indicated the purpose of the City's performance based rental licensing is not to be punitive but to provide strong incentives and encourage compliance with the City's ordinances. The City Council stated it appreciates Mr. Truong's attention to this matter, noting the trend is for the City's rental properties to move to a longer-term license. Mr. Truong was encouraged, as a businessman, to abide by the terms of the Mitigation Plan and City's ordinances, as it will be reluctant to again consider renewal if this Mitigation Plan is not followed. Councilmember Kleven moved and Councilmember Myszkowski seconded to close the hearing. Motion passed unanimously. 1. RESOLUTION NO. 2013-119 APPROVING A TYPE IV RENTAL LICENSE FOR 5715 EMERSON AVENUE NORTH 09/23/13 -9- DRAFT Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to approve RESOLUTION NO. 2013-119 Approving a Type IV Rental License for 5715 Emerson Avenue North, subject to strict adherence to the Mitigation Plan and City's ordinances. Motion passed unanimously. 10b. RESOLUTION NO. 2013-120 ESTABLISHING IMPROVEMENT, ACCEPTING FEASIBILITY REPORT, ORDERING IMPROVEMENT, AND AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS FOR WATER TREATMENT PLANT IMPROVEMENTS PROJECT NO. 2014-05 Public Works Director/City Engineer Steve Lillehaug introduced the item and presented the Water Treatment Plant Feasibility Study prepared by SEH, Inc. for a Gravity Filter Treatment Plant with a treatment capacity of seven million gallons per day (MGD) and ability to treat up to ten MGD for short periods. It is proposed to be located on City-owned property in the northeast quadrant of the intersection at 70 th and Camden Avenues, which is centrally located within the City's main well field. He presented the building plan and described the function of each area. The estimated project cost is $18,254,000 and anticipated to be paid by user fees through the Water Utility Fund and staff will research opportunities for grants and low-interest loans. Mr. Lillehaug presented a proposed project schedule, funding dependent, that would result in a construction start in April of 2014 and project completion in November of 2015. He asked the City Council to consider a resolution to establish the improvement, accept the feasibility report, order the improvement, and authorize preparation of plans and specifications. Mr. Lillehaug answered questions of the City Council, indicating there is a 20-year repayment for the structure and this capital investment would have a life expectancy of 50 years. At that point, the facility would be outdated. He stated there is currently satellite water treatment at each of the City's nine wells so relocating that function to a central water treatment plant will be more efficient and may not result in an increase in staffing levels. It was noted everything would be automated and can be operated by the Utility Supervisor at his desk or from a laptop. With regard to noise, the only thing you will hear from the outside is a baffled generator but it would be adjacent to Trunk Highway 252 so that noise will not be heard. Inside the facility and working for an extended period of time, ear protection would be advisable. The City Council noted there is already a network of pipes coming to the proposed 'plant location. Mr. Lillehaug stated that is correct and pointed out a 500-foot section where piping would be required. It was noted this site was selected because it is centrally located to eight of the City's water towers. There was discussion on the proposed Water Treatment Plant and that the West Well would not be connected to the Water Treatment Plan and kept on standby for use during emergency situations. Mr. Lillehaug stated 100% of the water will go through the Treatment Plant and consumers will notice a change in water quality. He stated Well #6 is in the lead because it has 09/23/13 -10- DRAFT the lowest level of Manganese and Wells #2 and #4 are not being used due to high levels of Manganese but both are being maintained. Councilmember Kleven moved and Councilmember Myszkowski seconded to approve RESOLUTION NO. 2013-120 Establishing Improvement, Accepting Feasibility Report, Ordering Improvement, and Authorizing Preparation of Plans and Specifications for Water Treatment Plant Improvements Project No. 2014-05. Motion passed unanimously. 11. COUNCIL REP ORT Councilmember Kleven reported on her attendance at the following and provided information on the following upcoming events: •September 10, 2013, Brooklyn Center Women's Club Luncheon •September 11, 2013, not able to attend the Naturalization Ceremony for Faud Ahmed but did attend a luncheon in his honor •September 11, 2013, Delivered Welcome Bags •September 14, 2013, Police Department 60 Year Anniversary Open House •September 17, 2013, Visited Granite City Apartments •September 17, 2013, Earle Brown Committee Meeting •September 17, 2013, Volunteered at Earle Brown Elementary School •Thanked all who volunteer at the City's schools and churches •Recognized businesses that contributed towards the Little League Park •LA Fitness is now open for business •Groundwork has started on Panda Express •October 12-16, 2013, Angel Foundation Benefit for Cancer Patients Councilmember Myszkowski reported on her attendance at the following events: •September 10, 2013, Palmer Lake East Neighborhood Meeting •September 14, 2013, Police Department 60 Year Anniversary Open House •September 17, 2013, Earle Brown Days Committee •September 18, 2013, Chaired a meeting of CEAP Board •September 19, 2013, met with representative of ISAIAH for discussion of how to grow more leaders of color in Brooklyn Center •September 20, 2013, Meeting with Kelsey Schuster, Advisor for the Brooklyns Youth Council and Jolene Rotich, Board Member for Youthprise Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: •September 10, 2013, Palmer Lake East Neighborhood Meeting •September 14, 2013, Police Department 60 Year Anniversary Open House •September 17, 2013, Park and Recreation Commission Meeting during which Commissioner Peterson tendered his resignation •September 1 8, 2013, Crime Prevention Meeting 09/23/13 -11- DRAFT •September 20, 2013, Odyssey Academy's Family Fun Night •September 28, 2013 Fire Department Annual Open House at the West Fire Station Mayor Pro Tem Ryan reported on his attendance at the following and provided information on the following upcoming events: •September 10, 2013, Palmer Lake East Neighborhood Meeting •September 13, 2013, Special Budget Meeting •September 16, 2013, Metro Cities Transportation Committee Meeting e September 18, 2013, Forum on Proposed Light Rail Line e September 24, 2013, Minority Action Committee Meeting •September 28, 2013, Fire Department Annual Open House at the West Fire Station •Congratulated the Fire Department for raising $4,600 for Muscular Dystrophy Association 12. ADJOURNMENT Councilmember Kleven moved and Councilmember Lawrence-Anderson seconded adjournment of the City Council meeting at 10:00 p.m. Motion passed unanimously. 09/23/13 -12- 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 SEPTEMBER 23, 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 Pro Tem/President Pro Tern Dan Ryan at 10:10 p.m. ROLL CALL Mayor Pro Tem/President Pro Tern Dan Ryan and Councilmembers/Commissioners Carol Kleven, Kris Lawrence-Anderson, and Lin Myszkowski. Mayor/President Tim Willson was absent and excused. Also present were City Manager Curt Boganey, Assistant City Manager/Director of Building & Community Standards Vickie Schleuning, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. MISSION STATEMENT REVIEW City Manager Curt Boganey introduced the item and asked the City Council to provide direction to staff regarding revisions to the current mission statement. The current mission statement is: "Our mission is to ensure an attractive, clean, safe community that enhances the quality of life and preserves the public trust." Mayor Pro Tem/President Pro Tern Ryan offered: "Our mission, to ensure a safe, secure, attractive community that enhances the quality of life for all." He noted that "safe, secure, attractive" has been part of the City's mission statement for years and "enhances the quality of life for all" addresses an earlier suggestion by Councilmember/Commissioner Myszkowski to "enhance the quality of life for all," which speaks to inclusion. Councilmember/Commissioner Myszkowski stated "safe, secure" may be redundant and the word "safe" may be enough. She stated she can live with the suggested mission statement, but likes the mention that "all will thrive" as it addresses horizontal integration and support systems. Councilmember/Commissioner Myszkowski stated she is looking for a piece that goes beyond today and looks to the future, something edgier than normally considered as the City is positioned to excel. In addition, she supports inclusive language to address the City's diverse population and businesses. She suggested the mission statement be a bit "dreamy" and open to interpretation. Councilmember/Commissioner Kleven stated she also supports use of the word "thrive." In addition, she felt you cannot thrive without it being a safe community. 09/23/13 -1- DRAFT Councilmember/Commissioner Myszkowski stated "thrive" is the most prevalent word in the City's mission statement. She read another mission statement indicating: "To provide quality public services, facilities and opportunities that create, sustain and enhance a safe, livable, and vibrant community for its diverse residents, businesses, and visitors." Mayor Pro Tem/President Pro Tem Ryan raised the option of emphasizing a learning environment, noting the use of "thrive" may also produce visioning motivators. Councilmember/Commissioner Myszkowski stated she has been transformed as a public servant and person in having worked in and toward a mission statement and she would like to see that opportunity for all in Brooklyn Center. She relayed an incident during a school district budget meeting when a parent recited the Osseo School District's mission statement from memory. She noted that level of familiarity holds the organization to that mission and accountability. Mr. Boganey read several mission statements he found to be compelling that spoke to what the agencies were about as well as creating a vision. Councilmember/Commissioner Lawrence-Anderson stated it is difficult to answer the second question: How will the world be different as a result of our efforts? She asked how use of the word "thrive" plays into answering that question. Councilmember/Commissioner Myszkowski stated it may speak to services and/or a support system such as the food shelf, helping a family navigate the college application process, or helping a start up business. In the end, the City Council/EDA will want to look at the property tax base, whether crime is going down (speaks to quality of life), and Code compliance. Councilmember/Commissioner Myszkowski noted that results in a creative tension and thinking in how to address problems so the mission can be furthered. Mayor Pro Tern/President Pro Tern Ryan described a presentation by Drew Westen when he used a polarizing subject but because of his ability to phrase it as being supportive of fundamental human values, even opposing members polled well. The City Council/EDA discussed the need for additional time and thought to draft a new mission statement. Mr. Boganey stated if it is going to fulfill its purpose of motivating and integrating the organization toward an important result, it is worth investing time. Mayor Pro Tem/President Pro Tem Ryan stated he would like Mayor/President Willson to weigh in on this topic as well. The majority consensus of the City Council/EDA was to consider, at the next meeting, whether the mission statement should be revised and if so, whether it should be considered during the retreat in the spring of 2014 or during a separate meeting devoted to this topic. 09/23/13 -2- DRAFT ADJOURNMENT Councilmember/Commissioner Lawrence-Anderson moved and Councilmember/Commissioner Kleven seconded adjournment of the City Council/Economic Development Authority Work Session at 10:33 p.m. Motion passed unanimously. 09/23/13 -3- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA JOINT WORK SESSION WITH FINANCIAL COMMISSION OCTOBER 7, 2013 CITY HALL - COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Joint Work Session with the Financial Commission and the session was called to order by Mayor Tim Willson at 6:30 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present: City Manager Curt Boganey, Business and Development Director Gary Eitel, Community Activities, Recreation and Services Director Jim Glasoe, Public Works Director/City Engineer Steve Lillehaug, and Deputy City Clerk Maria Rosenbaum. Others present were Financial Commissioners Patricia Glenn, Steve Landis, Rex Newman, Dan Schueller, and Dean Van Der Werf. SPECIAL REVENUE AND INTERNAL SERVICE FUNDS City Manager Curt Boganey outlined a PowerPoint that included information pertaining to the Debt Service Funds (Improvement, Tax Increment, and Utility Revenue Bonds), Special Revenue Funds (Housing and Redevelopment Authority (HRA), Economic Development Authority (EDA), Community Development Block Grant, and Recreation Grant Funds), and Central Garage Fund. There was discussion regarding the 2013 Street Improvement Bonds that will be paid partially from special assessments and partial from a special levy; the amount of the Tax Increment Financing (TIF) bond issue for 2013 being determined by the cost of land acquisitions being negotiated; the HRA levy increase in 2014 for the first time in several years; with the acquisition of Brookdale Square the EDA should be able to consider Opportunity Site redevelopment concepts in 2014; raising funds from private donations is becoming increasingly more difficult as pull tab operations continue to close; and full funding equipment replacement is a continuing challenge that will be reviewed by staff. MISCELLANEOUS There were six candidates for the Finance Director position interviewed by two panels last Friday. Three of those six will be moving on to interviews later this week. 10/07/13 -1- DRAFT ADJOURNMENT Councilmember Ryan moved and Councilmember Myszkowski seconded to adjourn the Work Session at 7:03 p.m. Motion passed unanimously. 10/07/13 -2- DRAFT City Council Agenda Item No. 6b COUNCIL ITEM MEMORANDUM DATE: October 8, 2013 TO: Curt Boganey, City Manager FROM: Maria Rosenbaum, Deputy City Cle SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses at its October 14, 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 All Appliance Installation Plus Barnes Plumbing Co. Inc. Dave's Heating and A/C Edina Heating and Cooling, Inc. G-HVAC Heatpro Heating and Air Conditioning North Suburban Heating & Air Conditioning Oxygen Service Company United Heating & A/C, Inc. RENTAL See attached report. P.O. Box 166, Cambridge 3923 Washington Avenue N, Minneapolis 1601 37 th Avenue NE, Columbia Heights 15753 Cedar Ridge Road, Eden Prairie 16036 Mallard Way SE, Prior Lake 2185 67 th Street E, Inver Grove Heights 19066 Jasper, Anoka 1111 Pierce Butler Route, St. Paul 1295 Hackamore Road, Medina 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 03-08-10 Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit Type I — 3 Year 1-2 units 0-1 3+ units 0-0.75 Type 11-2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III — 1 Year 1-2 units Greater than 4 but not more than 8 + units,Greater than 1.5 but not more than'3 Type IV —6 Months 1-2 units Greater than 8 3+ units Greater than License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category Impact 1-2 0-1 3-4 units 0=0.25 5 or more units 0-0.35 Decrease 1 Category 1-2 Greater than 1 but not more than 3 3-4 units Greater than 0:25 but not more than 5 or more units Greater than 0 35 but not more than 0.50 Decrease 2 Categories 1-2 Greater than 3 3=4 units Greater than 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Property Address Dwelling Type Renewal or Initial Owner Property Code Violations License Type Police CFS * Final License Type ** Previous License Type *** Unpaid Utilities Unpaid Taxes 1007 65th Ave N Single Family Initial John Deering 6 III N/A III OK OK 3013 65th Ave N Single Family Initial Ernest Strempke 1 II N/A II OK OK 5927 Aldrich Ave N Single Family Initial Yue Liu 0 II N/A II OK OK 5321 Colfax Ave N Single Family Initial Teodoro Llereha-Cooke 3 II N/A II OK OK 5214 Great View Ave Single Family Initial Joel Salazar 3 II N/A II OK OK 7212 Humboldt Ave N Single Family Initial Natan Zadik - Invitation Homes 5 III N/A III OK OK 5500 James Ave N Single Family Initial Sarah Vogt 4 II N/A II OK OK 5300 Logan Ave N Single Family Initial Benjamin Anthony 4 II N/A II OK OK 7224 Newton Ave N Single Family Initial Rhonda Braziel 4 II N/A II OK OK 5313 Penn Ave N Single Family Initial Brian Hamilton 1 II N/A II OK OK 3713 53rd Pl N Single Family Renewal Nazir Moghul 3 II 0 II II OK OK 4101 61st Ave N Single Family Renewal Long Xiong 6 III 0 III II OK OK 3301 62nd Ave N Single Family Renewal Huong Trang 3 II 1 II III OK OK 3609 66th Ave N Single Family Renewal Bradley McKnight 3 II 0 II II OK OK 4306 66th Ave N Single Family Renewal Sarah Vogt 5 III 0 III II OK OK 3224 67th Ave N Single Family Renewal Haymant Dasrath 0 I 0 I I OK OK 1325 68th Ln N Single Family Renewal Konrad Wagner 0 I 0 I II OK OK 5350 71st Cir Single Family Renewal Ali Sajjad/786/Homes LLC 1 I 0 I II OK OK 5956 Beard Ave N Single Family Renewal Ann Cook Missing CFHC and CPTED Followup 0 I 3 III III OK OK 5031 Drew Ave N Single Family Renewal Adrian Jimenez 8 III 0 III II OK OK 6430 Dupont Ave N Single Family Renewal Patricia Leners 3 II 0 II II OK OK 5243 Ewing Ave N Single Family Renewal Gary Scherber 0 I 0 I II OK OK 5510 France Ave N Single Family Renewal Kin Chew 4 II 0 II II OK OK 5225 Howe Ln Single Family Renewal Michael Williamson 4 II 0 II II OK OK 6807 Humboldt Ave N C103 Single Family Renewal New Concepts Mgmt 0 I 0 I I OK OK 6807 Humboldt Ave N C302 Single Family Renewal New Concepts Mgmt 0 I 1 I II OK OK 6807 Humboldt Ave N C304 Single Family Renewal New Concepts Mgmt 3 II 1 II I OK OK 6813 Humboldt Ave N B202 Single Family Renewal New Concepts Mgmt 0 I 1 I I OK OK Rental Licenses for Council Approval on October 14, 2013 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 Rental Licenses for Council Approval on October 14, 2013 6813 Humboldt Ave N B301 Single Family Renewal New Concepts Mgmt 4 II 3 III I OK OK 6819 Humboldt Ave N A301 Single Family Renewal New Concepts Mgmt 4 II 0 II I OK OK 5338 Irving Ave N Single Family Renewal TMC Mgmt Corp 4 II 0 II II OK OK 5659 Knox Ave N Single Family Renewal Rory Mysliwiec 2 II 0 II III OK OK 5350 Logan Ave N Single Family Renewal Manoj Moorjani 8 III 0 III II OK OK 6406 Noble Ave N Single Family Renewal Jeremy Dummer 3 II 0 II II OK OK 3216 Poe Rd Single Family Renewal Matt Just 2 II 1 II II OK OK 6936 Unity Ave N Single Family Renewal Paul Johnson 1 I 1 I II OK OK 7189 Unity Ave N Single Family Renewal McClure Properties LLC 2 II 0 II IV OK OK 5949 York Ave N Single Family Renewal Orrin Hager 3 II 0 II IV OK OK 4937 Zenith Ave N Single Family Renewal James Maciazka 3 II 0 II I 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 City Council Agenda Item No. 7a Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF ROGER PETERSON FOR HIS DEDICATED PUBLIC SERVICE ON THE PARK AND RECREATION COMMISSION WHEREAS, Roger Peterson served on the Brooklyn Center Park and Recreation Commission from January 28, 2002, through September 30, 2013; and WHEREAS, he has made significant contributions as a member of the Park and Recreation Commission, including monitoring and reflecting the attitudes and concerns of the citizens relative to the conservation of environmental resources in the City and to the park system and recreation programs, and advising the City Council of citizen attitudes and policy matters relevant to the conservation, park and recreation functions in Brooklyn Center; and WHEREAS, his leadership and expertise have been greatly appreciated by the Park and Recreation Commission; and WHEREAS, his public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that his service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Roger Peterson is hereby recognized and appreciated by the City of Brooklyn Center, and this resolution serves as a visible and lasting expressing of gratitude for the leadership and service he has rendered to the citizens of Brooklyn Center. October 14, 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 Item No. 7b COUNCIL ITEM MEMORANDUM DATE: October 8, 2013 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer 5 0-- SUBJECT: Resolution Recognizing Resident Volunteers Who Participated in the City of Brooklyn Center's 2013 Landscape and Garden Spotlight Recommendation: It is recommended that the City Council consider approval of the resolution recognizing resident volunteers who participated in the City of Brooklyn Center's 2013 Landscape and Garden Spotlight. Background: This event was originally a contest that was initiated in 1995 as part of a community effort to promote beautification and enhancement of properties in the City. This year the event was again approached as a voluntary "spotlight" opportunity where there is no "competition". The Landscape and Garden Spotlight opportunity was posted on the City's website for several months, advertised in the SunPost and flyers were provided at the EarthFest event and also the Great Shingle Creek Watershed Cleanup Day. Residents or businesses could nominate their own front/side yard garden and/or landscaping or suggest another property that caught their eye. City staff could also nominate a property. Five properties were contacted by mail requesting participation. Of those five, three properties responded to participate and allowed photographs to be taken that will be published in the winter edition of the City Watch. We would like to recognize and thank the following participants for their efforts and hard work in beautifying not only their own yard, but also beautifying their neighborhoods: Clement and Mary Goneau 1607 Woodbine Lane Willis and Betty Dahn 5733 Knox Ave Heidi Winters 2107 71 st Ave Budget Issues: Letters of appreciation and Malmborg's gift cards were presented to each participant. Gift cards were made possible by donations from the Brooklyn Center American Legion. Strategic Priorities: • Vibrant Neighborhoods . . Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION RECOGNIZING RESIDENT VOLUNTEERS WHO PARTICIPATED IN THE CITY OF BROOKLYN CENTER'S 2013 LANDSCAPE AND GARDEN SPOTLIGHT WHEREAS, the City Council desires to acknowledge and support the efforts of citizens and area businesses to promote beautification of residential and commercial properties in Brooklyn Center; and WHEREAS, the Council is appreciative of the hard work and efforts of many residents in gardening and landscaping their properties. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the following residents are to be recognized and honored for their achievements and participation in the City of Brooklyn Center's 2013 Landscape and Garden Spotlight: Clement and Mary Goneau 1607 Woodbine Lane Willis and Betty Dahn 5733 Knox Ave Heidi Winters 2107 71 st Ave October 14, 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 Item No. 9a COUNCIL I I_ _M Ar 'MORANDU IV DATE: October 14, 2013 TO: Curt Boganey, City Manager FROM: Tim Benetti, Planning and Zoning Specialis THROUGH: Gary Eitel, Director of Business and Development SUBJECT: Resolution Regarding the Recommended Disposition of Planning Application No. 2013-018 Submitted by Gatlin Development Company for a Planned Unit Development Amendment (No. 4) to the 2011 Shingle Creek Crossing Planned Unit Development Recommendation: It is recommended that the City Council, following consideration of this planning application item, adopt the Resolution Regarding the Recommended Disposition of Planning Application No. 2013-018 Submitted by Gatlin Development Company for a Planned Unit Development Amendment (No. 4) to the 2011 Shingle Creek Crossing Planned Unit Development. Background: On September 26, 2013 the Planning Commission conducted a public hearing on Planning Commission Application No. 2013-018 submitted by Loren Van Der Slik (For Gatlin Development Company) for a Planned Unit Development Amendment (No. 4) to the 2011 Shingle Creek Crossing Planned Unit Development. Attached for review is Planning Commission Resolution No. 2013-18, in which the Commission provided a favorable and unanimous recommendation for the Planned Unit Development Amendment (No. 4). Excerpts from the September 26, 2013 Commission meeting minutes, as related to this consideration of this matter, are also attached. Budget Issues: There are no budget issues to consider. Council Goals: Strategic Priorities: 0 Focused Redevelopment Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2013-018 SUBMITTED BY GATLIN DEVELOPMENT COMPANY FOR A PLANNED UNIT DEVELOPMENT AMENDMENT (No. 4) TO THE 2011 SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT WHEREAS, the City of Brooklyn Center adopted City Resolution No. 2011-85, dated June 13, 2011, which was considered the first amendment to the previously approved 1999 Brookdale Mall Planned Unit Development, whereby this amendment approved the establishment of the new Shingle Creek Crossing Planned Unit Development, and which included an approved Development/Master Plan and certain allowances and development standards that would govern over the PUD; and WHEREAS, the City of Brooklyn Center subsequently adopted City Resolution No. 2011-127, dated September 12, 2011, which approved the first amendment to the original Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, the City of Brooklyn Center subsequently adopted City Resolution No. 2012-106, dated August 13, 2012, which approved the second amendment to the original Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, the City of Brooklyn Center subsequently adopted City Resolution No. 2012-129, dated September 24, 2012, which approved the third amendment to the original Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, Gatlin Development Company submitted Planning Application No. 2013-018, which is a reconsideration of the originally proposed fourth amendment to the Shingle Creek Crossing Planned Unit Development, by allowing certain changes to the approved 2011 Shingle Creek Crossing Planned Unit Development; and WHEREAS, the proposal comprehends additional adjustments not approved under the 2011 Shingle Creek Crossing Planned Unit Development and the related 2011 PUD Agreement, specifically the proposed amendments to be comprehended under this application include the four components: Component No. 1: allow the removal of the former Brookdale Mall's 169,555 sf. "Food Court" building and replacing and redeveloping the 14.60 acre site with ten (10) new individual retail store buildings RESOLUTION NO. consisting of 108,901 sq. ft. of new building area; along with the addition of two (2) new stand-alone restaurant pad sites labeled Building Pad Sites R and T, consisting of 5,400 sf. and 2,800 sf., respectively (address: 1300 Shingle Creek Crossing); 2.Component No. 2: allow the replatting of lot lines between Building Pad Sites A and B and the reconfiguration of parking and driveway areas between both sites (addresses: 1450 and 1480 Shingle Creek Crossing); 3.Component No. 3: allow an increase to the planned building size on the original Building Pad Site D (1090 Shingle Creek Crossing) from a planned 8,400 sf. building to a new 11,200 sf. multi-tenant retail/commercial building, along with the reconfiguration of parking and driveway areas between Building Pads G and D; and 4. Component No. 4: a proposed text amendment to the approved Shingle Creek Crossing PUD Agreement to grant flexibility to the Developer in the placement of outdoor screened trash enclosures throughout the site. WHEREAS, the Planning Commission held a duly called public hearing on September 26, 2013, whereby a staff report and public testimony regarding the Planned Unit Development Amendment were received and considered by the Planning Commission; the Planning Commission considered the Planned Unit Development Amendment request in light of all testimony received, including the guidelines for evaluating such amendments as contained in Section 35-355 of the City's Zoning Ordinance and the City's Comprehensive Plan; and WHEREAS, the Planning Advisory Commission of the City of Brooklyn Center did determine that Planning Application No. 2013-018, submitted by Gatlin Development Company, may be approved based upon the following considerations: A.The removal of the old Food Court building will help promote and enhance the general public welfare of this PUD, as it maintains and keeps the redevelopment of this site active and ongoing; and reflects a reasonable need or benefit to the PUD Site as requested by the Developer, B.The removal of the old Food Court building will not be a detriment or danger to the public; nor injurious to the use and enjoyment of other uses in this PUD; nor impedes the normal orderly development and proposed improvements of this overall PUD; and C. With the removal and clearing of the old Food Court building, the overall PUD site will have adequate measures in place to maintain and provide suitable access to the site. RESOLUTION NO. D.The replatting of the two lots under Building A and Building B pad sites appears to be a reasonable realignment of lot boundaries and lot area between both lots, and the reconfiguration of parking and drive aisles as proposed on the PUD Plan appears to be adequate and reasonable and an effective means to provide suitable truck and vehicle movements in and around this site; E.The allowance for the larger 11,200 sf. Building-D as opposed to the approved 8,400 sf. building with drive-thru, appears to be a reasonable and more effective replacement plan for this lot, and is supported further by the elimination of the drive-thru service lane originally proposed and planned for this site; and F.The proposed text amendment that would grant flexibility to the Developer in the placement of future trash enclosures appears to be a reasonable amendment that continues to provide and encourage the City and Developer to cooperate and foster a continued successful working relationship between both parties; and G.The redevelopment plans of this Food Court area its underlying lot, along with the area around Building Sites A and B, and the development of the Building D site with a larger multi-tenant commercial building, with said revisions comprehended and illustrated on the PUD Amendment No. 4 plan set, all appear to be a reasonable and effective replacement plan of this overall Shingle Creek Crossing Planned Unit Development project area, and is therefore supported by the Planning Commission. AND WHEREAS, upon full review and consideration of this item, the Planning Advisory Commission of the City of Brooklyn Center did adopt Planning Commission Resolution No. 2013-18, which provides a favorable recommendation of approval to the City Council, that Planning Application No. 2013-019 may be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Planning Application No. 2013-018 submitted by Loren Van Der Slik, on behalf of Gatlin Development Company, requesting approval of a fourth amendment to the Shingle Creek Crossing Planned Unit Development, is approved subject to the following conditions: 1. Developer is allowed to remove the old Food Court building from the Shingle Creek Crossing PUD; no other allowances other than those illustrated or indicated on the submitted "Shingle Creek Crossing — PUD Amendment 4 Conceptual Plans" dated September 11, 2013 shall be RESOLUTION NO. comprehended or permitted under this amendment process. 2.Developer must obtain a land disturbance permit and building permit prior to the demolition or removal of any parts of the Food Court building. 3.No reconstruction may take place on any revised areas until a complete and Final Site and Building Plan application has been submitted and given full consideration by the City for those affected or revised areas inside this Shingle Creek Crossing PUD. 4.The Developer must apply for and receive subdivision plat approval for the lot line realignment proposed between Building Sites A (legal: Lot 5, Block 1, Shingle Creek Crossing Addition and Building Site B (legal: Lot 2, Block 1, Shingle Creek Crossing 3 rd Addition) prior to the approval of any Final Site and Building Plan proposed for the future Discount Tire store on Bldg. Site A. 5.Unless amended otherwise or under separate agreement, all existing provisions, standards and variations provided under the 2011 Shingle Creek Crossing PUD and its subsequent amendments, shall remain in effect for the entire Shingle Creek Crossing PUD. 6.Any future PUD amendment or application requests will require the submittal and adoption (acceptance) of an updated master plan, which plan shall govern the planned and future redevelopment areas of this site. 7.An effective screen of the loading and service areas must be approved as part of the planned improvements of the overall Food Court lot. October 14, 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: RESOLUTION NO. and the following voted against the same: whereupon said resolution was declared duly passed and adopted. ii,(-Jo. a BROOK Ll 'A' CENTER Planning Commission Report Meeting Date: September 26, 2013 Application No. 2013-018 Applicant: Gatlin Development Company Location: Shingle Creek Crossing PUD Project Site Request: Planned Unit Development — Amendment No. 4 •Application Filed: 09/11/13 •Review Period (60-clay) Deadline: 11/10/13 •Extension Declared: N/A •Extended Review Period Deadline: N/A INTRODUCTION Gatlin Development Company is requesting a planned unit development (PUD) amendment to the previously approved Shingle Creek Crossing PUD redevelopment plans. This 4' amendment would allow the removal of the 169,555 sf. former Brookdale Mall "Food Court" building and redevelopment of this area. The amendment also proposes slight modifications to other areas inside the Shingle Creek Crossing PUD, along with a new text amendment to the original Shingle Creek PUD Agreement (between Gatlin and the City). The Planning Commission should be aware that this Amendment No. 4 was originally presented to the Commission at the June 26, 2013 Meeting, whereby a similar PUD amendment and planning report was presented. That report indicated city staff s reluctance to accept the full changes comprehended under the submitted plans, due to the lack of supporting site/redevelopment information. Staff did however, propose the amendment could proceed with an allowance to remove (demolish) the old Food Court only, with an updated development/site plan to be reviewed at a later date. The Commission accepted this recommendation and adopted PC Resolution No. 2013-06 affirming this allowance. Prior to the amendment being presented to the City Council, Gatlin elected to pull their application from final Council consideration until they had more detailed replacement plans of the food court site, which is why the original PUD Amendment No. 4 application was never formally adopted by the City. An updated Shingle Creek Crossing PUD Amendment plan, labeled "PUD Amendment 4" and dated September 11, 2013 is included as part of the attachments to this planning report (note: because this is essentially a continuation of the previously proposed PUD Amendment No. 4, planning staff chose to keep the labeling of this planning application as "PUD Amendment No. 4" for continuity sake). If the City adopts this PUD Amendment plan, it will provide an allowance to Gatlin Company to conceptually change or modify the approved Shingle Creek Crossing PUD Plans. The final development plans for these areas will be made under separate Site and Building Plan applications, which will be discussed further in this report. This matter is being presented as a public hearing item; and notices have been mailed to all surrounding . property owners within 350-feet of the affected site. App. No. 2013-018 PC 09/26/2013 Page 1 BACKGROUND The original Shingle Creek Crossing PUD was approved on May 23, 2011 (which is considered the first amendment to the original Brookdale Mall Planned Unit Development of 1999) and provided for the overall redevelopment of the Brookdale Mall properties. This mall originally consisted of over 1.1 million square feet of retail space, which was reduced by the demolition of approximately 760,000 sf. of old mall space, followed by the planned renovation of approximately 123,242 sf. of, the Food Court mall located next to the Sears store; the development of approximately 402,489 sf. of new retail commercial and restaurant uses; and approval of the Single Creek day lighting features. The second amendment was approved a short time later on September 12, 2011, which provided for the physical separation of the food court building from the Sears store; the renovation/conversion of the Food Court's "common area" into additional retail space, whereby the net leasable retail area was increased from 123,242 sq. ft. to 150,591 sq. ft.; the removal of planned Building N between Sears and Wal-Mart; and the addition of a new 6,000 sf. commercial pad site located at the southeast corner of Xerxes Avenue/56 th Avenue entrance. The third amendment was adopted on September 24, 2012, which provided for the replatting of Lots 12 and 13 into two newly configured lots; revised original Building Site D from a 6,175 sq. ft. retail building to a new 8,400 sq. ft. building for mixed retail/restaurant use with a drive thru service lane; the elimination of a 35,660 sf. Building Q (Best Buy store) site, which was replaced with a reduced 6,000 sf. restaurant pad site and a new 7,500 sf. Building 0 restaurant pad site. This 3 rd Amendment accepted the approval of a the updated PUD Master Plan dated August 2012, which now serves as the current and approved General Development Plan of this Shingle Creek Crossing Planned Unit Development site. At the June 26 th Planning Commission meeting, Gatlin submitted two separate amendments as No. 4 and No. 5. The original 4 th Amendment was briefly outlined in the "Introduction" section above; while the 5 th Amendment related to various sign allowances throughout the PUD. The 5 th Amendment was subsequently approved by the City Council and the 4 th amendment was never officially acted on until this updated plan set submittal. This 4 th Amendment also contains additional modifications from the original submittals, and will be explained in the upcoming PUD Amendment Analysis. PUD AMENDMENT ANALYSIS The proposed amendments to be comprehended under this application include the four following components: Component No. 1: the proposed removal of the former Brookdale Mall's 169,555 sf. "Food Court" building and replacing and redeveloping the 14.60 acre site with ten (10) new individual retail store buildings consisting of 108,901 sq. ft. of new building area; along with the addition of two (2) new stand-alone restaurant pad sites labeled Building Pad Sites R and T, consisting of 5,400 sf. and 2,800 sf., respectively (address: 1300 Shingle Creek Crossing); App. No. 2013-018 PC 09/26/2013 Page 2 POD BOUNDARY (TIP.) Component No. 2: the proposed replatting of lot lines between Building Pad Sites A and B and the reconfiguration of parking and driveway areas between both sites (addresses: 1450 and 1480 Shingle Creek Crossing); Component No. 3: allow an increase to the planned building size on Building Pad Site D (1090 Shingle Creek Crossing) from 8,400 sf. to 11,200 sf. and the reconfiguration of parking and driveway areas between Bldg. Sites G and D; and Component No. 4: a proposed text amendment to the approved Shingle Creek Crossing PUD Agreement to grant flexibility to the Developer in the placement of outdoor screened trash enclosures throughout the site. The analysis begins with Component No. 1. The 2011 Shingle Creek Crossing PUD planned to keep and remodel 150,591 sf. of the 169,555 sf. Food Court building, with new retail and restaurant store spaces. The 2" Amendment called for the separation of the Food Court from the Sears store (see PUD diagram below). Since approval of this Shingle Creek Crossing PUD and subsequent amendments, Gatlin has experienced some difficulties in securing tenants inside the planned Food Court building, particularly on the west side fronting Xerxes Avenue. Gatlin's first 4 th Amendment request included the allowance to remove the Food Court and redevelop the site accordingly. The demolition and removal of this building helps fulfill the agreement made between Gatlin and Sears to provide a physical separation of the two building areas and establish a new separate entrance to the back of the Sears store. App. No. 2013-018 PC 09/26/2013 Page 3 / /, EXISTING I/ ACCES FULL( ! i f I ■' I Orr- ' EXISTINGSEARS This updated amendment still proposes the demolition of the Food Court building and the conceptual redevelopment of this same lot (Lot 1, Block 1, Shingle Creek Crossing 3 rd Addition), with 108,208 sf. of new retail building space. Also included in this area are two (2) separate restaurant pad sites containing a 5,400 sf. and 2,800 sf. building, respectively. The total (combined) building space replacement is 116,400 sq. ft., which is a reduction of 61,347 sq. ft. from the approved 169,555 sq. ft. of old mall space. Staff anticipates this redevelopment will take place in phases. The new plan still includes the two-way driveway between the Sears store and the Gatlin buildings. As previously approved in the 2012 Updates, this driveway is scheduled to take on a parkway appearance, with sidewalks on each side, lined with trees, planters and pedestrian lighting. One of the most noticeable changes made from the earlier plans and this 2013 Updated Plan is the interior loading area. Although this might appear to be a tight area to maneuver trucks in and out of the Developer has submitted a Truck Circulation Route map that illustrates larger, semi- truck trailer vehicles can and will be able to access in and out of this area. The access of this back building area will be thoroughly reviewed and analyzed later during subsequent site plan 'review of this same area. At this time, planning staff does not have any indications or concerns related to safety impacts or viable truck maneuvering, which leads us to believe this area will not pose a problem for customer vehicles or pedestrians. The two new Buildings R and T are proposed as two new restaurant pad sites. Building R as a 5,400 sf. sit-down style restaurant, while Bldg. T is a 2,800 sf restaurant with drive-thru service lane. The two sites are also separated from the Sears property by an extended curbed, walkway leading down from the two way driveway area. Access between the Sears and this redeveloped App. No. 2013-018 PC 09/26/2013 Page 4 LOT 3, BLOCK 1 CO 330 DOE EXISTING APPLEBEES 15 BUILDING SETBACK 10' D & U EASEMENT 35' BUILDING SETBACK \. \ 15' BUILDING SETBACK 10' D & U EASEMENT --- 35' BUILDING ./ / B SETBACK / 8,500sf EXISTING APPLEBEES LOT 3,BLOCK 1 area will maintained by two access points on the upper and lower sections of this extended curbed walkway. Staff again is reserving full comments and analysis on the these two new restaurant building layouts until such time as the Site Plan review takes place. At this time, the conceptual layout of these two new sites appears to be adequate and meets the required parking ratio (at 10.74 and 11.53, respectively) of at least 10 spaces per 1,000 sq. ft. of restaurant area required under the PUD Agreement. 4.) Component No. 2: the proposed replatting of lot lines between Building Pad Sites A and B and the reconfiguration ofparking and driveway areas between both sites. The replatting of lot lines between Bldgs. A and B is being requested as part of the future development of the Discount Tire store on the Bldg. .A pad site. As part of the PUD Agreement between Gatlin and the City, any changes or modifications of lot lines requires a PUD Amendment. This Bldg. A lot is legally described as Lot 5, Block 1, Shingle Creek Crossing Addition, and consists of 0.70 acres. The 2011 PUD Plan called for an 8,400 sq. ft. retail building with 40 spaces. Bldg. B pad site is legally described as Lot 2, Block 1, Shingle Creek Crossing 3rd Addn., and consists of 1.45 acres. This site was intended to have an 8,500 sq. ft. stand-alone restaurant with 105 parking spaces. Approved PUD Plan - 2012 Proposed Plan Revision - 2013 Discount Tire wishes to amend the building sie from 8,400 sq. ft. to the proposed 7,100 sq. Commissioner may recall that the PUD Agreement allows Gatlin to reduce buildings (and increase by no more than 5%) whenever development necessitated such changes. Discount Tire also needs to amend the layout in front of the proposed store building in order to realign the loading aisle for their tire delivery trucks on the north side of the new building. By moving this lot line, this increases the size of Bldg. A lot from 0.70 to 1 acre; while Bldg. B site is reduced from 1.45 to 1.13 acres. App. No. 2013-018 PC 09/26/2013 Page 5 'Et AINA 30 . D U EASEMENT EXISTING FULL — ACCESS TRAFFIC SIGNAL- . ' - ; SETBACK DRIVE-THRU DRIVE•THRU • I I A:r 13.4 ,031ottt I I -'Si 7-; E u EXISTING FULL ACCESS TRAFFIC SIGI AL 'i-t OUTLOT A ' PHAKAN CY PRIVE-TH COUNTY RD NO 101 BASS LAKE RD 11200st • o <<• - c49. \ D U EASEMENT 20 BUILDING SETBACK EXISTING SOMA. LOT 1, L IBLIEWKIi I I The original 2011 PUD parking layout plan for Bldg. B provided a ratio of over 12.35/1,000 sf. of GFA, where only 10/1,000 GFA is needed, or 85 required spaces. By reconfiguring these two lots, Bldg. A lot decrease slightly from 40 to 37 spaces, while the Bldg. B reduces from 105 to 90 spaces. For all intents and purposes, both sites will meet or exceed their required parking numbers. Component No. 3: allow an increase to the planned building size on Building Pad Site D (1090 Shingle Creek Crossing) from 8,400 sf. to 11,200 sf and the reconfiguration of parking and driveway areas between Bldg. Sites G and D; This third component of this PUD Amendment is related to Gatlin's request to expedite new building construction on the Bldg. D pad site. The public hearing notice on this amendment initially indicated a request by the Developer to replat the lots in this area. This is no longer the case, as the lots will remain unchanged. Commissioners may recall that you approved the Site and Building Plans for new Bldgs. H, K and L on June 28, 2012, which were later approved by the City Council on July 9, 2012. Building G was approved August 2, 2012 and by City Council on August 13, 2012. Shortly thereafter, Gatlin began construction of the Bldgs. H, K and G, which are now nearing completion and tenant finishes. Both H and K were intended to be used as multi-tenant retail and restaurant uses, while Bldg. G was originally designed and planned to accommodate a new Caribou Coffee shop (with drive-thru service lane). Likewise, Bldg. D was also intended to be an 8,400 sf. multi-tenant retail/restaurant building, with its own "end-cap" style drive-thru lane ; similar in style to Bldg. G's layout. Although this layout and drive-thru was not fully supported or recommended for approval by city staff, the Planning Commission and City Council ultimately approved the layout of the new and updated 2012 Master PUD Plan, which allowed the proposed Bldg. D with a drive-thru lane. App. No. 2013-018 PC 09/26/2013 Page 6 INC, FULL :CESS COUNTY RD NO 10! BASS LAKE RD 'IC SIGNAL - -.,:-. • .. .__ _ _ _. ___, _ [_. 10' D & U EASEMENT , 20 BUILDING SETBACK n, EXISTING S'0.5WAIJC \ _ ----EXISTING FULL ACCESS TRAFFIC SIGNAL .., FOUTLOT A i p h---ow• cy 1p R!vE,TH l( As part of Mr. Gatlin's efforts to secure tenants, it was requested by two new tenants that the Bldg. D site was their preferred choice, but they requested a deeper floor plan and requested construction begin as early as possible for a spring 2014 move-in date. Mr. Gatlin contacted city staff, and asked if the previously approved 11,200 sq. ft. Bldg. L layout could be placed over (replace) the smaller 8,400 sf. Bldg. D layout. Gatlin indicated to city staff that he already purchased the structural steel members for the Bldg. L site, but since they are receiving no inquiries on this site, would it be possible to swap-out the building layouts. The replacement of this Bldg. L layout on this Bldg. D pad site provides a number of positive outcomes. First, it provides a larger commercial building with higher tax value and more opportunities for future tenant uses at this site. Secondly, it provides for an expedited construction of the building; which may not have occurred unless the future tenants working with Gatlin requested as much. Finally, it eliminates the drive-thru service lane, which planning staff was not too keen to begin with, and provides for a safer, flow of customers vehicles between Sites G and D. The reconfiguration of these lots means Bldg. 0 site decreases slightly from 57 to 56 spaces, while Bldg. D decrease from 51 to 50 spaces, both of which are negligible and still meet the required parking spaces for each site. <>:. Component No. 4: a proposed text amendment to the approved Shingle Creek Crossing PUD Agreement to grant flexibility to the Developer in the placement of outdoor screened trash enclosures throughout the site. As a result of recent site plan reviews, lot line realignments and building reconfigurations, Gatlin and other uses inside this PUD have had some challenges in placing outdoor screened trash enclosures on the individual pad sites. In some cases, these screened units are shown on site plans, but -later on a requested or required to be moved due to unforeseen site development activities. In some cases ., the Developer is combining screened structures between uses or App. No. 2013-018 PC 09/26/2013 Page 7 building sites, which usually results in a screened structure sitting on or across lot lines. Staff normally holds these screened structures exempt from setback standards, on account they are typically under 6-feet in height and do not possess a roof. Zoning Code allows fences up to 6- feet in height to be placed on a property lines. Staff was concerned that if a trash enclosure was illustrated on a certain site plan, reviewed and approved by the Planning Commission/City Council for its location, and the Developer or contractor needed to relocate such structure, would this trigger the need to reconsider the site plan. Staff did not believe it does, and have worked with the Gatlin and contractors inside this PUD to design and locate certain enclosures. This flexibility language will not only benefit the Developer, but also gives city staff the opportunity to continue to work closely with the Developer or individual site owners, to strategically locate and screen (landscape) these trash enclosures, even after a site plan has been approved. Staff does not anticipate this item to be much of an issue or concern to the overall development of the remaining building sites. FINDINGS & RECOMMENDATION Planning Staff is providing for the Planning Commission's consideration certain findings which may assist in supporting the recommendations to approve this PUD Amendment No. 4 as presented on the attached PUD Plans and as outlined in this report, noted as follows: a)The removal of the old Food Court building will help promote and enhance the general public welfare of this PUD, as it maintains and keeps the redevelopment of this site active and ongoing; and reflects a reasonable need or benefit to the PUD Site as requested by the Developer, b)The removal of the old Food Court building will not be a detriment or danger to the public; nor injurious to the use and enjoyment of other uses in this PUD; nor impedes the normal orderly development and proposed improvements of this overall PUD; and c)With the removal and clearing of the old Food Court building, the overall PUD site will have adequate measures in place to maintain and provide suitable access to the site. d)The replatting of the two lots under Building A and Building B pad sites appears to be a reasonable realignment of lot boundaries and lot area between both lots, and the reconfiguration of parking and drive aisles as proposed on the PUD Plan appears to be adequate and reasonable and an effective means to provide suitable truck and vehicle movements in and around this site; e) The allowance for the larger 11,200 sf Building-D as opposed to the approved 8,400 sf building with drive-thru, appears to be a reasonable and more effective replacement plan for this lot, and is supported further by the elimination of the drive-thru service lane originally proposed and planned for this site; and fi The proposed text amendment that would grant flexibility to the Developer in the placement of future trash enclosures appears to be a reasonable amendment that continues to provide and encourage the City and Developer to cooperate and foster a continued successful working relationship between both parties; and App. No. 2013-018 PC 09/26/2013 Page 8 g) The redevelopment plans of this Food Court area its underlying lot, along with the area around Building Sites A and B, and the development of the Building D site with a larger multi-tenant commercial building, with said revisions comprehended and illustrated on the PUD Amendment No. 4 plan set, all appear to be a reasonable and effective replacement plan of this overall Shingle Creek Crossing Planned Unit Development project area, and is therefore supported by the Planning Commission. Staff recommends the Planning Commission adopt the attached Resolution No. 2013-18, which comprehends the approval of Planning Application No. 2013-018, the proposed planned unit development (PUD) amendment (No. 4), which would allow certain revisions to the original 2011 Shingle Creek Crossing Planned Unit Development and to the 2012 Shingle Creek Crossing Master Development/Planned Unit Development Plans, dated August 2012, subject to the following conditions and allowances: 1.Developer is allowed to remove the old Food Court building from the Shingle Creek Crossing PUD; no other allowances other than those illustrated or indicated on the submitted "Shingle Creek Crossing — PUD Amendment 4 Conceptual Plans" dated September 11, 2013 shall be comprehended or permitted under this amendment process. 2.Developer must obtain a land disturbance permit and building permit prior to the demolition or removal of any parts of the Food Court building. 3.No reconstruction may take place on any revised areas until a complete and Final Site and Building Plan application has been submitted and given full consideration by the City for those affected or revised areas inside this Shingle Creek Crossing PUD. 4.The Developer must apply for and receive subdivision plat approval for the lot line realignment proposed between Building Sites A (legal: Lot 5, Block 1, Shingle Creek Crossing Addition and Building Site B (legal: Lot 2, Block 1, Shingle Creek Crossing 3rd Addition) prior to the approval of any Final Site and Building Plan proposed for the future Discount Tire store on Bldg. Site A. 5.Unless amended otherwise or under separate agreement, all existing provisions, standards and variations provided under the 2011 Shingle Creek Crossing PUD and its subsequent amendments, shall remain in effect for the entire Shingle Creek Crossing PUD. 6.Any future PUD amendment or application requests will require the submittal and adoption (acceptance) of an updated master plan, which plan shall govern the planned and future redevelopment areas of this site Attachments s Planning Commission Res. No. 2013-18 Shingle Creek Crossing Master Plan (August 2013) Shingle Creek Crossing Master Planned Unit Development Conceptual Plans (Sept. 11, 2013) App. No. 2013-018 PC 09/26/2013 Page 9 Commissioner Schonning introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 2013-18 RESOLUTION REGARDING RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2013-018 SUBMITTED BY GATLIN DEVELOPMENT COMPANY FOR A PLANNED UNIT DEVELOPMENT AMENDMENT (No. 4) TO THE 2011 SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT WHEREAS, the City of Brooklyn Center adopted City Resolution No. 2011-85, dated June 13, 2011, which was considered the first amendment to the previously approved 1999 Brookdale Mall Planned Unit Development, whereby this amendment approved the establishment of the new Shingle Creek Crossing Planned Unit Development, and which included an approved Development/Master Plan and certain allowances and development standards that would govern over the PUD; and WHEREAS, the City of Brooklyn Center subsequently adopted City Resolution No. 2011-127, dated September 12, 2011, which approved the first amendment to the original Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, the City of Brooklyn Center subsequently adopted City Resolution No. 2012-106, dated August 13, 2012, which approved the second amendment to the original Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, the City of Brooklyn Center subsequently adopted City Resolution No. 2012-129, dated September 24, 2012, which approved the third amendment to the original Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, Gatlin Development Company submitted Planning Application No. 2013-018, which is a reconsideration of the originally proposed fourth amendment to the Shingle Creek Crossing Planned Unit Development, by allowing certain changes to the approved 2011 Shingle Creek Crossing Planned Unit Development; and WHEREAS, the proposal comprehends additional adjustments not approved under the 2011 Shingle Creek Crossing Planned Unit Development and the related 2011 PUD Agreement, specifically the proposed amendments to be comprehended under this application include the four components: 1. Component No. 1: allow the removal of the former Brookdale Mall's 169,555 sf. "Food Court" building and replacing and redeveloping the 14.60 acre site with ten (10) new individual retail store buildings Res. 2013-18 1 of 4 consisting of 108,901 sq. ft. of new building area; along with the addition of two (2) new stand-alone restaurant pad sites labeled Building Pad Sites R and T, consisting of 5,400 sf. and 2,800 sf., respectively (address: 1300 Shingle Creek Crossing); 2.Component No. 2: allow the replatting of lot lines between Building Pad Sites A and B and the reconfiguration of parking and driveway areas between both sites (addresses: 1450 and 1480 Shingle Creek Crossing); 3.Component No. 3: allow an increase to the planned building size on the original Building Pad Site D (1090 Shingle Creek Crossing) from a planned 8,400 sf. building to a new 11,200 sf. multi-tenant retail/commercial building, along with the reconfiguration of parking and driveway areas between Building Pads G and D; and 4. Component No. 4: a proposed text amendment to the approved Shingle Creek Crossing PUD Agreement to grant flexibility to the Developer in the placement of outdoor screened trash enclosures throughout the site. WHEREAS, the Planning Commission held a duly called public hearing on September 26, 2013, whereby a staff report and public testimony regarding the Planned Unit Development Amendment were received and considered by the Planning Commission; the Planning Commission considered the Planned Unit Development Amendment request in light of all testimony received, including the guidelines for evaluating such amendments as contained in Section 35-355 of the City's Zoning Ordinance and the City's Comprehensive Plan; and WHEREAS, the Planning Advisory Commission of the City of Brooklyn Center did determine that Planning Application No. 2013-018, submitted by Gatlin Development Company, may be approved based upon the following considerations: A.The removal of the old Food Court building will help promote and enhance the general public welfare of this PUD, as it maintains and keeps the redevelopment of this site active and ongoing; and reflects a reasonable need or benefit to the PUD Site as requested by the Developer, B.The removal of the old Food Court building will not be a detriment or danger to the public; nor injurious to the use and enjoyment of other uses in this PUD; nor impedes the normal orderly development and proposed improvements of this overall PUD; and C.With the removal and clearing of the old Food Court building, the overall PUD site will have adequate measures in place to maintain and provide suitable access to the site. D.The replatting of the two lots under Building A and Building B pad sites appears to be a reasonable realignment of lot boundaries and lot area Res. 2013-18 2 of 4 between both lots, and the reconfiguration of parking and drive aisles as proposed on the PUD Plan appears to be adequate and reasonable and an effective means to provide suitable truck and vehicle movements in and around this site; E.The allowance for the larger 11,200 sf. Building-D as opposed to the approved 8,400 sf. building with drive-thru, appears to be a reasonable and more effective replacement plan for this lot, and is supported further by the elimination of the drive-thru service lane originally proposed and planned for this site; and F.The proposed text amendment that would grant flexibility to the Developer in the placement of future trash enclosures appears to be a reasonable amendment that continues to provide and encourage the City and Developer to cooperate and foster a continued successful working relationship between both parties; and G. The redevelopment plans of this Food Court area its underlying lot, along with the area around Building Sites A and B, and the development of the Building D site with a larger multi-tenant commercial building, with said revisions comprehended and illustrated on the PUD Amendment No. 4 plan set, all appear to be a reasonable and effective replacement plan of this overall Shingle Creek Crossing Planned Unit Development project area, and is therefore supported by the Planning Commission. AND WHEREAS, the Planning Advisory Commission of the City of Brooklyn Center did determine that Planning Application No. 2013-018, submitted by Gatlin Development Company, may be approved based on the belief that the guidelines for evaluating Planned Unit Development Amendment as contained in Section 35-355 of the City's Zoning Ordinance are met and the proposal is, therefore, in the best interest of the community. NOW THEREFORE BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Application No. 2013-018 be approved, subject to the following conditions and considerations: 1.Developer is allowed to remove the old Food Court building from the Shingle Creek Crossing PUD; no other allowances other than those illustrated or indicated on the submitted "Shingle Creek Crossing — PUD Amendment 4 Conceptual Plans" dated September 11, 2013 shall be comprehended or permitted under this amendment process. 2.Developer must obtain a land disturbance permit and building permit prior to the demolition or removal of any parts of the Food Court building. 3. No reconstruction may take place on any revised areas until a complete and Final Site and Building Plan application has been submitted and given Res. 2013-18 3 of 4 full consideration by the City for those affected or revised areas inside this Shingle Creek Crossing PUD. 4.The Developer must apply for and receive subdivision plat approval for the lot line realignment proposed between Building Sites A (legal: Lot 5, Block 1, Shingle Creek Crossing Addition and Building Site B (legal: Lot 2, Block 1, Shingle Creek Crossing 3' Addition) prior to the approval of any Final Site and Building Plan proposed for the future Discount Tire store on Bldg. Site A. 5.Unless amended otherwise or under separate agreement, all existing provisions, standards and variations provided under the 2011 Shingle Creek Crossing PUD and its subsequent amendments, shall remain in effect for the entire Shingle Creek Crossing PUD. 6.Any future PUD amendment or application requests will require the submittal and adoption (acceptance) of an updated master plan, which plan shall govern the planned and future redevelopment areas of this site. 7.An effective screen of the loading and service areas must be approved as part of the planned improvements of the overall Food Court lot. / September 26, 2013 Date The motion for the adoption of the foregoing resolution was duly seconded by member Morgan. and upon vote being taken thereon, the following voted in favor thereof: Chair Burfeind, Commissioners Christensen, Morgan, and Schonning. and the following voted against the same: None. whereupon said resolution was declared duly passed and adopted. 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SUBJECT: Resolution Regarding the Recommended Disposition of Planning Application No. 2013-019 Submitted by Loren Van Der Slik on Behalf of Gatlin Development Company, Approving the Site and Building Plan for Proposed Building D, Located on Lot 1 Block 1, Shingle Creek Crossing 2" Addition (1090 Shingle Creek Crossing) Recommendation: It is recommended that the City Council, following consideration of this planning application item, adopt the Resolution Regarding the Recommended Disposition of Planning Application No. 2013-019 Submitted by Loren Van Der Slik on Behalf of Gatlin Development Company, Approving the Site and Building Plan for Proposed Building D, Located on Lot 1 Block 1, Shingle Creek Crossing 2" Addition (1090 Shingle Creek Crossing). Background: On September 26, 2013 the Planning Commission reviewed Planning Commission Application No. 2013-019 submitted by Loren Van Der Slik (For Gatlin Development Company) approving the Site and Building Plan for Proposed Building D, Located on Lot 1 Block 1, Shingle Creek Crossing 2nd Attached for review is Planning Commission Resolution No. 2013-19, in which the Commission provided a favorable and unanimous recommendation approving the Site and Building Plan for Proposed Building D, Located on Lot 1 Block I, Shingle Creek Crossing 2 nd Addition. Excerpts from the September 26, 2013 Commission meeting minutes, as related to this consideration of this matter, are also attached. Budget Issues: There are no budget issues to consider. Council Goals: Strategic Priorities: 0 Focused Redevelopment Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public MIS; Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2013-019 SUBMITTED BY LOREN VAN DER SLIK ON BEHALF OF GATLIN DEVELOPMENT COMPANY, APPROVING THE SITE AND BUILDING PLAN FOR PROPOSED BUILDING D, LOCATED ON LOT 1, BLOCK 1, SHINGLE CREEK CROSSING 2 ND ADDITION (1090 SHINGLE CREEK CROSSING) WHEREAS, Planning Commission Application No. 2013-019, submitted by Loren Van Der Slik on behalf of Gatlin Development Company, requesting approval of a new Site and Building Plan for a proposed Building D, located on Lot 1, Block 1, Shingle Creek Crossing 2 nd Addition, and addressed as 1090 Shingle Creek Crossing, which approval is in conjunction with the ongoing improvements constructed under the Shingle Creek Crossing Planned Unit Development Project; and WHEREAS, the Planning Advisory Commission of the City of Brooklyn Center held a public meeting on September 26, 2013, to fully consider Planning Commission Application No. 2013-019, and reviewed and received a planning report on the proposed new Site and Building Plans for proposed Building D development and other related improvements in conjunction with the Shingle Creek Crossing Planned Unit Development Project; and WHEREAS, the Planning Commission determined the Site and Building plans are consistent with the General Development Plans of the overall Shingle Creek Crossing Planned Unit Development; and WHEREAS, the Planning Commission recommends to the City Council that the Site and Building Plan of proposed Building D, as comprehended under Planning Application No. 2013-019, may be approved based upon the following considerations: 1.The Site and Building Plan is compatible with the standards, purposes and intent of the City's Zoning Ordinance; 2.The Site and Building Plan, in relation to the Planned Unit Development proposed on the Subject Site, will facilitate the redevelopment and improvement of this site, will allow for the utilization of the land in question in a manner which is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding land; 3. The improvements and utilization of the property as proposed under the planned redevelopment of this site is considered a reasonable use of the property and will conform with ordinance standards; RESOLUTION NO. 4.The Site and Building Plan proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city; 5.The Site and Building 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. AND WHEREAS, upon full review and consideration of this application, the Planning Advisory Commission of the City of Brooldyn Center did adopt Planning Commission Resolution No. 2013-19, which provides a favorable recommendation of approval to the City Council, that Planning Application No. 2013-019 may be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Planning Application No. 2013-019 submitted by Loren Van Der Slik, on behalf of Gatlin Development Company, requesting aPproval of a new Site and Building Plan for proposed Building D, located on Lot 1, Block 1, Shingle Creek Crossing 2 ' Addition, and addressed as 1090 Shingle Creek Crossing, is approved subject to the following conditions: 1.Developer/Applicant agrees to comply with all conditions or provisions noted in the City Engineer's Review memo, dated September 20, 2013. 2.The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 3.Final grading, drainage, utility and erosion control plans and any other site engineering elated issues are subject to review and approval by the City Engineer prior to the issuance of permits. 4.The Developer shall provide additional building treatments or decorative features to screen the outside electrical panels and gas meters should they be located on the outside of the new building. These screening elements shall be approved by the City's Business and Development Director. 5. Any outside trash disposal facilities and roof top or on-ground mechanical equipment shall be appropriately screened from view. RESOLUTION NO. 6.An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7.Site Plan approval is exclusive of all fmal signs on this site, including new wall (building) signs, which shall remain subject to Chapter 34 of the city ordinances, and subject to the approved Signage Plan of the Shingle Creek Crossing PUD Agreements. 8.The Developer shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 9.Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City's Engineering Department and applicant shall obtain an NPDES construction site erosion permit from the Minnesota Pollution Control Agency prior to disturbing the site. 10.Any major changes or modifications made to this PUD Development/Site and Building Plan can only be made by an amendment to this PUD, which shall include an updated Development/Site Plan if necessary. 11.All other provisions, standards and variations provided under the 2011 Shingle Creek Crossing PUD shall remain in effect. October 14, 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. aliffao. of BROOKLYN CENTER Planning Commission Report Meeting Date: September 26, 2013 •Application Filed: 09/11/13 •Review Period (60-day) Deadline: 11/10/13 •Extension Declared: N/A •Extended Review Period Deadline: N/A Application No. 2013-019 Applicant: Loren Van Der Slik - Gatlin Development Company Location: 1090 Shingle Creek Crossing Request: Site & Building Plan — Building D INTRODUCTION Gatlin Development Company is requesting review and consideration of a Site and Building Plan approval for the proposed multi-tenant retail building labeled "D" in the Shingle Creek Crossing Planned Unit Development (PUD). This is the eighth building (of a total 15 proposed) under this PUD project. The property is legally described as Lot 1, Block 1, Shingle Creek Crossing 2 nd Addition. This site plan item does not require a public hearing, but can be considered under a standard public meeting review, whereby comments from the general public may be allowed or noted for the record. Written notices have been mailed to property owners within 350-feet of the site. BACKGROUND On May 23, 2011 the City Council approved the original Shingle Creek Crossing PUD (SCC- PUD) for the redevelopment of the former Brookdale Mall properties, with the exception of the Sears and Holiday gas station sites. The Shingle Creek Crossing PUD site was originally zoned PUD/C-2 (Planned Unit Development/Commerce) district; and this zoning remains in place and is not subject to any changes or modifications at this time. The first amendment to this SCC-PUD was approved a short time later on September 12, 2011, which provided for the physical separation of the food court building from the Sears store; the renovation/conversion of the Food Court's "common area" into additional retail space from 123,242 sq. ft. to 150,591 sq. ft.; the removal of "Building-N" between Sears and Wal-Mart; and the addition of a new 6,000 sf. commercial pad site located at the southeast corner of Xerxes Avenue/56 th Avenue entrance. The second amendment was approved a short time later on September 12, 2011, which provided for the physical separation of the food court building from the Sears store; the renovation/conversion of the Food Court's "common area" into additional retail space, whereby the net leasable retail area was increased from 123,242 sq. ft. to 150,591 sq. ft.; the removal of planned Building N between Sears and Wal-Mart; and the addition of a new 6,000 sf. commercial pad site located at the southeast corner of Xerxes Avenue/56 th Avenue entrance. The third amendment was adopted on September 24, 2012, which provided for the replotting of Lots 12 and 13 into two newly configured lots; revised original "Building-D" site from. 6,175 sq. ft. retail building to a new 8,400 sq. ft. building for mixed retail/restaurant use with a drive App. No. 2013-019 PC 09/26/2013 Page 1 thru service lane; the elimination of the "Building-Q" site (originally planned as a new 35,660 sf. Best Buy store), which was replaced with a 6,000 sf. restaurant pad site and a 7,500 sf. "Building-0" restaurant pad site. On June 26, 2013, the Commission reviewed two additional and separate amendment to this SCC-PUD, which included the ability to remove the food court and redevelop the site with new retail building spaces (the 4' Amendment); along with new sign allowances throughout the PUD (the 5 th Amendment). The 5 th Amendment was approved by the City Council, while the 4th amendment was never ratified by the Council due to the Developer's request to pull this amendment item from final consideration. This 4' Amendmnet is now being considered under Planning Application No. 2013-018, which is subject to separate consideration and approvals. The review and continued consideration of this site plan is dependent on the outcome of that PUD Amendment No. 4, since the general layout and allowanced provided under that amendment process must reflect or correspond to this specific site plan review. Should the Commission or City Council reject this proposed 4 t1 Amendment, then this site plan as presented (under this application) is unable to proceed. As noted in the PUD Amendment No. 4 report (Planning App. No. 2013-018), Gatlin Development wishes to expedite construction on the Bldg. D site, due to the fact they have the necessary steel structures and building materials originally scheduled for Bldg. L (which has received site plan approval) ready to go for the D site. But since this Bldg. D site was planned to be an 8,400 sq. ft. retail/restaurant use, Gatlin must first obtain permission to swap-out these building layouts. The review of this particular site plan is based on the assumed position that the Commission provided a favorable recommendation on the PUD Amendment No. 4. • SITE & BUILDING IMPROVEMENTS The original Bldg. D on the approved PUD Amendment No. 3 — Master Plan, dated August 2012, is illustrated as an 8,400 sf. multi-tenant retail/restaurant building, with 51 parking spaces (see diagram below). Bldg. D lot consists of 0.98 acres. The proposed building was originally designed with a drive-thru service lane to serve an end-cap user, similar to the adjacent Bldg. G to the west. App. No. 2013-019 PC 09/26/2013 Page 2 August 2012 Master Plan (area only) Y,500sf 10' D &—ti-E-ASEMENT- - _ - _ 20' BUILDING SETBACK 1- ■ EXISTING SIDEWALK \ DRIVE-THRU — 'W OUTLOT A 8,400sf 11111 6041'LOT 1, 11111 IBUOCX11111 - - SIGNAL PUD Plans (area only) — Sept. 21, 2012 As part of the PUD Agreement between Gatlin and the City, Gatlin is allowed to decrease final building sizes without the need for any PUD amendment or special approvals, but is not allowed to increase building sizes, except in certain cases where a 5% increase is allowed under City Zoning Code Section 35-355. Subdiv. 5.d. The new Bldg. D layout is essentially the same building size and layout approved on the Bldg. L App. No. 2013-019 PC 09/26/2013 Page 3 - DRIVE-THRU 20' BUILDING SETBACK • 4,800sf — — -- -- EXISTING SIDEWALK \M'\3\\OU 11,200sf 'LOT 1, I 1_1 K LOT 2m BLOCE0 V 8,43.4sf. _ e 63 SETBACK EXISTING SIDEWALK SETBA EXISTING SIDEWA pad site, which is an 11,200 sf. multi-tenant retail building only. One of the most noticeable differences-between the original 8,400 sf. and this proposed 11,200 sf. building (besides the size difference), is the removal of the end-cap drive thru service lane. As noted in the previous PUD Amendment No. 4 report, planning staff was not keen on this site having a drive-thru lane to begin with, and the removal alleviates some of our concerns with traffic between Bldgs. G and D and the pedestrian safety. . Also a result of this larger building and drive thru removal, is the elimination of the 8 parking stalls and separator islands along the west edge of the building site. This area will now serve as a two way drive aisle for vehicles traveling between both G and D sites. The monument sign is also requested to be relocated further into the Bldg. D site as shown. The PUD was approved with an overall architectural [elevation] plan as part of the original App. No. 2013-019 PC 09/26/2013 Page 4 :0 :C 2C -C.."rb-) (;)20-0 - ,SANCF,' FRET:2.1 7-1,7-.-rk_ GCN.:CETE 4j- ,-.-AV:REL I yrfs:LE r I 1 1' =SOUTH ELEVATION TENAN1 1 -- -I,TENANT 1 TENANT I TENANT - - - TENANT iE ANT 1 --- --TENANT'ENANT 1 --'-av-' P_ SFOF,LC.)i I 4, 6 - ;\ :-Er C.\\ /A._ An\ N.S, approvals. All new buildings plan to incorporate 4-sided architecture in their designs, meaning all four elevations must provide a nice, consistent use of material on all four sides of the buildings, including rear elevations. The same architectural elevation plans approved for original Bldg. L will be used on this same Bldg. D site. The building is scheduled to receive a nice mix of stone veneers, EIFS, concrete brick veneers, integrally colored rock face block, spandrel glass and other materials. Most of these architectural materials are consistent with the previously approved Architectural Standards (including materials) the City called for under the original PUD Agreement. One noticeable and unforeseen feature that planning staff has noticed on the other new buildings being built in this PUD project, are the outer electrical panels placed on the back-side of these buildings. These gray electrical panels tend to stand out more than ever against the earth tone colors of the new buildings, and they were never shown or included as part of any architectural elevation plans as part of previous site plan reviews. In order to preserve the 4-sided architecture called for under this PUD, staff has requested the Developer consider either placing the electrical panels/boxes inside the building, or provide a suitable screen or decorative element(s) to hide these panels. This screen or feature could include a black or brown colored wrought iron screen, a trellis type screen and canopy combination, or some other decorative feature. Staff is making this request an added condition as part of this and future site and building plan reviews inside this SCC-PUD. Bldg. D site is set to have 50 parking spaces provided on this lot, which is calculated as 4.5 spaces per 1,000 sq. ft. of GFA. Under the current Zoning Code, typical retail stores or uses require "Eleven spaces for the first 2,000 square feet of gross floor area or fraction thereof; 5.5 spaces for each additional 1,000 square feet of gross floor area exceeding 2,000 square feet." This ratio and reduction of parking is consistent with the approved PUD. App. No. 2013-019 PC 09/26/2013 Page 5 BASS LAKE ROAD AXIS :ILL MOWER S MASH ENCLOSLIRL REF. AIC-I, PLAhS (Tr..) T5 CF/ PAVING SL R0 OC,ATED MONLINEAT SION- r RELOCATED LIC-1T POLE 1 ,200sf _ •GRADING/DRAINAGE/UTILITIES The finished grades and drainage grades for this this site and adjacent building sites have been partially constructed under recently completed land disturbance permit. The site plans and related attachment plans included separate grading and drainage plans for this and other sites. Most of these sites (and primarily the entire PUD site last year) have been or will be reviewed by the City Engineer for full compliance and acceptance. Since some of the overall PUD development site infrastructure has already been installed, there is not much room or need to depart from the original and approved grading/drainage plans. All areas of this site appear to drain properly or do not require any special drainage structures or modification prior to building approvals. + LANDSCAPING The Applicant has submitted a landscape plan which appears to be consistent with the approved PUD Master Plan. Plans call for the installation of various deciduous trees, such as Ginkgo biloba and sky-line honey locusts around the parking islands of this building site, and three relocated crabapples trees along the west side of the building. The rear parking area and trash enclosures are planned to be heavily planted with large number of shrubs and perennials. All trees and landscaped areas will be irrigated. •LIGHTING/TRASH The site plans also contained a photometric and light plan, which calls for calls for four, 39-ft. App. No. 2013-019 PC 09/26/2013 Page 6 single or dual headed light standards near the corners of the parking lot area. The photometric plan illustrates the main front area of the building will be provided with suitable and adequate light coverage, with pedestrian lighting along the outer walkways. The plans also call for the installation of four container, combined trash enclosure near the northeast corner of the site, which is to be shared with the future "Bldg.-E" site. The plans provide a "typical trash enclosure" detail, which indicates the outer walls constructed of pre- colored rock faced block materials similar to the main buildings, with composite wood gates. These enclosures will be required to be well maintained and gates closed at all times (except during unloading times). CITY ENGINEER REVIEW The City Engineer has provided a review . and comments regarding this application in the September 18, 2013 memorandum, which is included as part of this report. Most of these comments and conditions reflect the improvements approved under the PUD Plan amendment. Some of these conditions may be applicable at time of future building permit review and approvals. RECOMMENDATION Staff recommends the Planning Commission adopt the attached Resolution No. 2013-19, which comprehends the approval of Planning Application No. 2013-019, the Site and Building Plan for the proposed Building D pad site, which is part of the Shingle Creek Crossing Planned Unit Development, subject to the following conditions: 1.Developer/Applicant agrees to comply with all conditions or provisions noted in the City Engineer's Review memo, dated September 18, 2013. 2.The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 3.Final grading, drainage, utility and erosion control plans and any other site engineering elated issues are subject to review and approval by the City Engineer prior to the issuance of permits. 4.The Developer shall provide additional building treatments or decorative features to screen the outside electrical panels and gas meters should they be located on the outside of the new building. These screening elements shall be approved by the City's Business and Development Director. 5.Any outside trash disposal facilities and roof top or on-ground mechanical equipment shall be appropriately screened from view. 6.An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Site Plan approval is exclusive of all final signs on this site, including new wall App. No. 2013-019 PC 09/26/2013 Page 7 (building) signs, which shall remain subject to Chapter 34 of the city ordinances, and subject to the approved Signage Plan of the Shingle Creek Crossing PUD Agreements. 8.The Developer shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 9.Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City's Engineering Department and applicant shall obtain an NPDES construction site erosion permit from the Minnesota Pollution Control Agency prior to disturbing the site. 10.Any major changes or modifications made to this PUD Development/Site and Building Plan can only be made by an amendment to this PUD, which shall include an updated Development/Site Plan if necessary. 11.All other provisions, standards and variations provided under the 2011 Shingle Creek Crossing PUD shall remain in effect. Attachments O Planning Commission Resolution No. 2013-19 e City Engineer's Review Memo — dated 09/18/2013 e Site and Building Plans for Bldg. D - Shingle Creek Crossing (09/10/13) App. No. 2013-019 PC 09/26/2013 Page 8 Commissioner Morgan introduced the following resolution and moved its adoption PLANNING COMMISSION RESOLUTION NO. 2013-19 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2013-019 SUBMITTED BY LOREN VAN DER SLIK ON BEHALF OF GATLIN DEVELOPMENT COMPANY, APPROVING THE SITE AND BUILDING PLAN FOR PROPOSED BUILDING D, LOCATED ON LOT 1, BLOCK 1, SHINGLE CREEK CROSSING 2 ND ADDITION (1090 SHINGLE CREEK CROSSING) WHEREAS, Planning Commission Application No. 2013-019, submitted by Loren Van Der Slik on behalf of Gatlin Development Company, requesting approval of a new Site and Building Plan for a proposed Building D, located on Lot 1, Block 1, Shingle Creek Crossing 2 nd Addition, and addressed as 1090 Shingle Creek Crossing, which approval is in conjunction with the ongoing improvements constructed under the Shingle Creek Crossing Planned Unit Development Project; and WHEREAS, the Planning Commission held a public meeting on September 26, 2013, to fully consider Planning Commission Application No. 2013-019, and reviewed and received a planning report on the proposed new Site and Building Plans for proposed Building D development and other related improvements in conjunction with the Shingle Creek Crossing Planned Unit Development Project; and WHEREAS, the Planning Commission finds that the Site and Building plans are consistent with the General Development Plans of the overall Shingle Creek Crossing Planned Unit Development. NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that the Site and Building Plan of proposed Building D, as comprehended under Planning Application No. 2013-019, be approved based upon the following considerations: 1.The Site and Building Plan is compatible with the standards, purposes and intent of the City's Zoning Ordinance; 2.The Site and Building Plan, in relation to the Planned Unit Development proposed on the Subject Site, will facilitate the redevelopment and improvement of this site, will allow for the utilization of the land in question in a manner which is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding land; PC RESOLUTION NO. 2013-19 3.The improvements and utilization of the property as proposed under the planned redevelopment of this site is considered a reasonable use of the property and will conform with ordinance standards; 4.The Site and Building Plan proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city; 5.The Site and Building 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 does hereby recommend to the City Council that Planning Application No. 2013-019 be approved subject to the following conditions and considerations: 1.Developer/Applicant agrees to comply with all conditions or provisions noted in the City Engineer's Review memo, dated September 18, 2013. 2.The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 3.Final grading, drainage, utility and erosion control plans and any other site engineering elated issues are subject to review and approval by the City Engineer prior to the issuance of permits. 4.The Developer shall provide additional building treatments or decorative features to screen the outside electrical panels and gas meters should they be located on the outside of the new building. These screening elements shall be approved by the City's Business and Development Director. 5.Any outside trash disposal facilities and roof top or on-ground mechanical equipment shall be appropriately screened from view. 6.An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 2 of 3 Date Chair September 26, 2013 ATTEST: Secretary PC RESOLUTION NO. 2013-19 7.Site Plan approval is exclusive of all final signs on this site, including new wall (building) signs, which shall remain subject to Chapter 34 of the city ordinances, and subject to the approved Signage Plan of the Shingle Creek Crossing PUD Agreements. 8.The Developer shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 9.Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City's Engineering Department and applicant shall obtain an NPDES construction site erosion permit from the Minnesota Pollution Control Agency prior to disturbing the site. 10.Any major changes or modifications made to this PUD Development/Site and Building Plan can only be made by an amendment to this PUD, which shall include an updated Development/Site Plan if necessary. 11. All other provisions, standards and variations provided under the 2011 Shingle Creek Crossing PUD shall remain in effect. The motion for the adoption of the foregoing resolution was duly seconded by member Christensen and upon vote being taken thereon, the following voted in favor thereof: Chair Burfeind, Commissioners Christensen, Morgan, and Schonning. and the following voted against the same: None. whereupon said resolution was declared duly passed and adopted. 3 of 3 bbab.9 ncm \ TY,LCIFACA DE,,,,,EUT \BROCK., C:24 VXDOVHASE \eYng \6010 00000 910E14.4 6010 CO,Ft Sbar Stp NJ, 24lS214p by a,Yand.,,,, no g ;.= 0 04 rgg U i2T 1U TIS 054 5t. 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Er MV.IM.72L 221..M...‘7=447/on not 1 0.■ A BELE OM,. lark-Na00000511005rAT a...J[2 1 arder 0-BEBOP.SITE PLAN OBABLE Br SHINGLE CREEK CROSSING BROOKLYN CENTER BUILDING D HENNEPIN COUNTY MINNESOTA 2CC OrEt0E0 Br tso„, D09: KATOL_LOVACABLIN DEEEL0E00APJ320000213 C30202 CADOVEAS2 902211o 0\6040 Sir PLAN dog 504302 10. 2013 2:2I0111 24 o -rando.Orch I NEL PRELIMINARY — NOT FOR CONSTRUCTION 3 cning name: KATB.S.,DEVVATEN 131303.3t3 BROESSELE MIZE \ CALOVHASE 3l,Bund0g ON600 STE BETNISS, €041 00 10, 2013 S21, la, 001 2,2!0 1 1 0. PRELIMINARY - NOT FOR CONSTRUCTION R 4, 2 '51'1 SITE DETAILS BES3s.o STET, Br NOTED 3£0.3 Br SHINGLE CREEK CROSSING BROOKLYN CENTER BUILDING D HENNEPIN COUNTY LONNESOTA g770' ,itmt. 3,33.33 33 Mar.BB,,srus3s2 2,313i 333 LTBI 3 BS BTATTBE u T33. 0010 05 /10-/2013 oo 0 1,0 45080 EILIM 17=,. REMscuS DATE ST .0 ,_1=43 , P i! V LI 55TI name: KATACJ.ACATI, 0E,100)DI1VII034003E CEIITERVACOVHASE 3\030g 01/340 610 0010L5.103 6042 81410. 213 001112 441 .T.,41 8 8 i Zi, 1 ..\-\-.mu ,•---11 -71E11 -__lan Raj Ei.:EN3a ' Ep, ..•5 :5M1%"1 Will:2 :3 11 =‘-atili. Meffiii _:-Jati 00---gull .1-2 . -..11a111 -7...1:51,'.1 1 0q 'EV ..112;g%ii7,-;42$ r PRELIMINARY - NOT FOR CONSTRUCTION SHINGLE CREEK CROSSING PS NOTE0 0) E 4=, E BROOKLYN CENTER SITE DETAILS 0654+0,OEG 1,..)2 T.„BUILDING D Cie0.BY .0 HENNEPIN COUNTY !:INNESOTA 1.1.,or, • C.55P u011 . P£ 05700 :a REM.. DA. BY City Council Agenda Item No. 10a COUNCIL ITEM MEMORANDUM DATE: October 14, 2013 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 1510 69' Avenue N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan and issuance of a Type IV 6-Month Provisional Rental License for 1510 69 th Avenue N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a new rental license. This property qualifies for a Type IV provisional rental license, based on 27 property code violations (6.75/unit) found during the initial rental license inspection. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 03-05-2013 The Owner, Ryan Whisenant, applied for an initial rental dwelling license for 1510 69 th Avenue N, a multi-family, 1 building, 4 unit, residential property. 04-03-2013 An initial rental inspection was scheduled. No one was on site to meet the inspector. 04-04-2013 An initial rental license inspection was conducted. 27 property code violations were cited (6.75/unit). (See attached rental criteria) 05-06-2013 A follow- up inspection was completed. The property owner was not on site to meet the inspector. However, the tenants allowed access and an inspection was completed and additional violations noted. 05-21-2013 A follow-up inspection was scheduled. No one was on site to meet the inspector. 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 09-17-2013 09-18-2013 10-04-2013 A follow-up inspection was conducted and failed. A $100 reinspection fee was charged to the property. A rental license inspection was conducted and passed. Reinspection fees were outstanding. The $100 reinspection fees were paid. The rental license inspection passed. 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 Mitigation Plan was finalized A letter was sent to the owner notifying that the hearing before the Council will be held October 14, 2013. 06-28-2013 06-28-2013 07-15-2013 08-29-2013 09-03-2013 09-04-2013 If approved, after six months, a new rental license is required. The license process will begin in approximately four months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council Mission: Ensuring an attractive, clean, safe, inclusive comnamity that enhances the quality of life for people and preserves the public trust COUNCIL ITEM MEMORANDUM disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy — Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable Mission: Ensuring an attractive, clean, safe, inclusive comnutnity that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: •At least 75% of units will be inspected for properties with 15 or less units. •At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit Type I — 3 Year 1-2 units 0-1 3+ units 0-0.75 Type II — 2 Year 1-2 units Greater than 1 but not more than 4 3+ units I Greater than 0.75 but not more than 1:5 Type III — 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1 5 but not more than 3 Type IV — 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for allpeople and preserves the public trust 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 1-2 3-4 units 5 or more units Greater than 1 Greater than 0.25 Greater than 0.35 Greater than 3 Greater than 1 Greater than 0.50 Decrease 1 Category but not more than 3 Decrease 2 Categories but not more than 1 but not more than 0.50 COUNCIL ITEM MEMORANDUM Budget Issues: There are no budget issues to consider. Council Goals: Strategic Priorities: • Vibrant Neighborhoods Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust I City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 SEP 1? 2013 Phone: 763-569-3300 TTY 711 Fox: 763-569-3360 www.cityofbrooklyncenter.org - - 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= Propertylnforinatinn Pm P ertY Address: 1510 69th Ave N Owner Name: R&D Investment Group, LLC Local Agent: Owner Address: 4953 ColumbUs Ave Minneapolis, MN 55417 Agent Address: Owner Phone. 770-331-8307 Agent Phone: Owner Emil: rvv ,_!_nis©hotmail.com Agent Email: Rental License: I I New Lii Renewal: Current *Pending (Six months License Expiration Date: March 2014 Type IV License Exp. Date: from current license expirrition) 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 oneoing 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— ReqUireti Doennients sub, t 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. V I 2 Copy of Lease including Minnesota Crime Free Housing Lease AddendumINy4' written report by le of each month (after license approval). Section C — Crime`Pree Rousing Program Requirements Pluge I 1/ I 1. Use written lease including Crime Free Housing Lease Addendum.I 4/ I 2. Conduct criminal background cheek for all prospective tenants. Provide documentation to City if requested.I v J 3 Pursue the eviction of tenants who violate the terms of the lease or any addendums. Page 1 Type IV Mitigation Plan Rev 11-16-11 7,--1 4. Attend City approved eight hour Crime Free Housing course. Date Course Completed: or Date Course Scheduled: 12/3/2013 Ph ns II Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. Date Scheduled: 9/1 6/201 3 Improvements to be completed by: C \4 Phase IIII v I I will attend the ARM meetings scheduled for: 9/12/2 0 3 I will attend a minimum of 50% of the ARM meetings (two). Do these two meeting dates occur before the *Pending Type IV License expiration date?La Yes El No (*See Section A) If no, you will only be able to qualify for a Type IV Rental License upon renewal. v 1 I will have no repeat code violations previously documented within the past year. For properties with four or more units: I v H I will conduct resident training annually that includes crime prevention techniques. I will hold regular resident meetings. & 1 1/14/2013 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 e lacement date will re uire earlier corrections. Date Last Replaced Estimated Replacement Date Furnace/AC-unknown 2030 or 1r/nen needs to be replaced Water Heater-unknown 2030 or when needs to be replaced Kitchen Appliances-unknown 2030 or when needs to be replaced Laundry Appliances-unknown 2030 or when needs to be replaced Exterior -Paint/Siding, fascia, trim unknown 2030 or when needs to be replaced -Windows unknown 2030 or when needs to be replaced -Roof unknown 2030 or when needs to be replaced -Fence unknown 2050 or when needs to be replaced -Shed nta n/a -Garage n/a n/a -Driveway unknown 2050 or when needs to be replaced -Sidewalks unknown 2050 or when needs to be replaced Smoke Alarms & Carbon Monoxide Alarms unknown 2015 or when needs to be replaced Other(s) fgbeihiii4d;7;-'Stëiiito,Iniiiiio.veSi.atihOineiiiiiiiid :;..COiiilitliktif_1171ii4,4tY' - . Implementing the following best practices may assist in the management of your property. By checking the boxes below, you agree to: II V I 1. Check in with tenants every 30 days.I 2. Drive by property to check for violations twice a month. Page 2 Type IV Mitigation Plan Rev 11-16-11 gent Signature (AA.? Date For City Usc--tvlitigation Plan Approved By: olice P epa ment / Title Dat o unity Standards Department / Title flakeBu'l 3 Evict tenants in violation of the lease and all addendums. 4.Provide lawn/snow service. 5.Provide garbage service. 6.Install security system. 7.Provide maintenance service plan for appliances. Name of service co.: IrArill Centerpoint EnergyI 6/ v JJ 8. I am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other financial claims due to the City.If 1 9. Other(s): Please read thoroughly: If the Type IV Rental License is approved by the City Council, the Licensee must comply with the approved Mitigation Plan and all applicable city codes. No later than the 10th 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, Owner or Age it Name and Title (Please Print) c,t/c4 =IL", a .1 Additional Owner or Agent Name and Title ([applicable) (Please Print) Additional Owner or Agent Signature (([applicable) Date Page 3 Type IV Mitigation Plan Rev 11-16-11 City Council Agenda Item No. 10b COUNCIL ITEM MEMORANDUM DATE: October 14, 2013 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 5713 Humboldt Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan and issuance of a Type IV 6-Month Provisional Rental License for 5713 Humboldt 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 previous rental license was a Type II rental license. This property qualifies for a Type IV provisional rental license based on 12 property code violations found during the initial rental license inspection and one validated police incidents/nuisance calls for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 11-26-2012 The Owner, Janice Biom, applied for renewal of the rental dwelling license for 5713 Humboldt Ave N, a single family dwelling. 01-04-2013 An initial rental inspection was conducted. 12 property code violations were cited, see attached rental criteria. 02-05-2013 A second rental inspection was conducted and passed with weather deferral for exterior items. 02-05-2013 City records indicate one validated police incident/nuisance calls occurred in the past twelve months. (Auto theft on 8-24-2012.) 03-31-2013 The previous rental license expired. 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 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. City records indicate the property owner owed delinquent property taxes. An inspection of weather deferred items was conducted and passed. The property was posted as unlicensed. 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. The delinquent property taxes were paid. A $125 Administrative Citation was issued for not submitting a mitigation plan. A $250 Administrative Citation was issued for not submitting a mitigation plan. A Mitigation Plan was submitted. A $300 Administrative Citation was issued for operating without a valid rental license. The Mitigation Plan was finalized. A letter was sent to the owner notifying that the hearing before the Council will be held October 14, 2013. 05-20-2013 05-2 1-20 13 05-23-2013 06-10-2013 06-12-2013 07-05-2013 07-25-2013 08-06-2013 08-09-2013 08-15-2013 09-18-2013 10-04-2013 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. 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 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for people and preserves the public trust COUNCIL ITEM MEMORANDUM regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5.Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy — Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3. Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 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. License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: •At least 75% of units will be inspected for properties with 15 or less units. •At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit Type I — 3 Year 1-2 units 0-1 3+ units 0-0.75 Type II — 2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III — 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV — 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust 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 1-2 Greater than 3 3-4 units Greater than 1 Decrease 2 Categories 5 or more units Greater than 0.50 COUNCIL ITEM MEMORANDUM 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. Strategic Priorities: • Vibrant Neighborhoods Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust . • • 12emwrii! CbirCrii License. I's.piritZle ,J11)..v 711 )0--Licent: Nee,LJ 4934 Logan Ave No Ow4:1 Ith "612-750-0545 -17.1)en.t't ifirJall:iptnirs@aol.corn Agcnt Email; Il'endingl)po E}ip, Dao: )0 A t (Su. mantItt.frevn • Propoti,,Infornfoti6i!,..; . • ric*Pt`li A 66 'e": 5713 Humboldt Ave No anico BiornOwner •. , 1)),:•a1 Agent: „„„,. Astsit itddtr53! Ant Pic: City al Etroalyn Center In kti3 5-5.9 330 W 1It 63-0151.'04;e Cr ee/. Pcskmy Fax, 763-5.5.9 ,3360 ronlyt C ,!, MU 5543D-2199 knt Leense Mitigation I'lan.TyrA... IV Rental License ltandloittert pion% WU not be' tiecTitrert (We or int.- finable form on (ny Rased on properly. et-tr.:41;ot' ■••11147i,v,ir,141o: fitlilr":‹ int idcsi 5, the above referenced p-optsty 1 1 1 ),Il'ruS 10? 411 yr,.. IV Rent :1 1.icetise P.ciore )re,t- Iic pIiiritic.n ci.,n b i-,ntieSarcrl by the C'ity Nan must tcvievoNI by City 94 ff. A Fully compftIsicl tit l'ttn !oust tic submiriNI iiir ityv.+ iiur mely. completion of the licenst opplicaticn procels. Th. Mitiestion Plan Sltaad intiitb%" the t-t ,:p bvir,,E., taken to e\y/TCC1 ifid violttictls nnd thc m4ost:tc thus tJhen so utv onuoino comPliar,:c rii (:iiyOrslinunces. ;lost Prophet -Ode code. Thc l'Itti Drc In opporicArlit;.. to rveic.., reeysnyconce tell cod idnItifypsbk wh.cier-s to impeoNt thc oNerall corAitians )nd routtatittent of the propert) NOTICE: Tim TAKE ,1CTION: NOW in ty,,k4,4i, to five; oil the elt otdironee itismion tee/tilt:mem; Iht; perind ni nid Icgcl n:tir,et5 _ Stibotit 1ht Follon in; dovocititle with the NtitqAtion Plan for apprm,s11: 1=-1 I Ohl,: Prt,Frzrn 'I mininp Certillcote tilt:earl:sect, if r,c4 completed, please include Jaw in fi■Nle•on C, cop> of t-oin Crime Free. 11cp.iling Atlel4r4iin Sultriit i..ritln ICI'Ort I)? WI' Oki U.:W.:Lipp:0AI), Se,eIitniC-- Crime freellimi,Sii}g-1)Ii/IFFIIII4 I. UN,: 'i‘rittim 1:4'4 OS ltnolt. Crime Fite }loosing Lose Attileionint, Cundwt crhoimi 14gt.groLic:4 tiled, Ex- t<s'J.Ltc. Pr xit.,eixte-eltatiori to City if re-ewe :led 3 Pot IVIR,MS ''i Willis of i. aiMentluoit. Pr. t,t Tyre rs,Itizati vi Flant.f.s.-e 410 1 ER-14. Attend City approved eight hour Crime Free Housing course. Date Course Completed: kfrIe— '°) *1 ?" or Date Course Scheduled: Phase II Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. Date Scheduled:Improvements to be completed by: Phase IIII I I will attend a minimum of 50% of the ARM meetings (two). I will attend the ARM meetings scheduled for: v 11 /13 & 3/12/13 Do these two meeting dates occur before the *Pending Type IV License expiration date? Yes El No (*See Section A) If no, you will only be able to qualify for a Type IV Rental License upon renewal. I will have no repeat code violations previously documented within the past year. For properties with four or more units: I- I will conduct resident training annually that includes crime prevention techniques. 1 I will hold regular resident meetings. ?:-$.6;1_1411. .'_OXIg; 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--2000 2020 Water Heater--2005 2015 Kitchen Appliances--2000 2020 Laundry Appliances--2000 2020 Exterior -Paint/Siding, fascia, trim 2013 -Windows -2000 2030 -Roof .-1005 2020 ,Fence na -Shed na -Garage new door 2013 2030 -Driveway unknown- in good shape 2030 -Sidewalks unknown. in good shape 2030 Smoke Alarms & Carbon Monoxide Alarms 2013 2015 Other(s) f$10.6.4.: fofit -..QIiiiiii,:o.,i;;.iidd iiiditidii iif:- ii:4611■;-,:',.-'-', .,.._..._.„._.... ....„................ _,..............._:,._. _Man a gement... Implementing the following best practices may assist in the management Of your property. By checking the boxes below, you agree to: [I lIF I I. Check in with tenants every 30 days. 2. Drive by property to check for violations twice a month. Page 2 Type IV Mitigation Plan Rev 114641 9-5-13 DateAdditional Owner or Agent Signature (if applicable) For City Use—Mitigation Plan Approved By: Police Department / Title Page 3 Type IV Mitigation Plan Rev 11-16-11 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 I O 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. Janice Biorn Owner or Agent Name and Title (Please Print) Ow 1or Agent Signature Date Additional Owner or Agent Name and Title (if applicable) (Please Print) 3 Evict tenants in violation of the lease and all addendums. 4.Provide lawn/snow service. 5.Provide garbage service. 6 Install security system. Service Plus7.Provide maintenance service plan for appliances. Name of service co.: 8.1 am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other financial claims due to the City. Other(s): 11511 = 9 II I uildi mint thy Standards Department / Title (--)1 Date • City Council Agenda Item No. 10c COUNCIL ITEM MEMORANDUM DATE: October 14, 2013 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 6807 Humboldt Ave N C301 Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan and issuance of a Type IV 6-Month Provisional Rental License for 6807 Humboldt Ave N C301. 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 previous rental license was a Type III rental license. This property qualifies for a Type IV provisional rental license based on 20 property code violations found during the initial rental license inspection and one validated police incidents/nuisance calls for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 05-09-2013 The Owner, New Concepts Management, applied for renewal of the rental dwelling license for 6807 Humboldt Ave N, C301, a single family dwelling. 06-05-2013 An initial rental inspection was conducted. Twenty property code violations were cited, see attached rental criteria. 08-08-2013 A second rental inspection was conducted and passed. 08-08-2013 City records indicate one validated police incident/nuisance calls occurred in the past twelve months. (Theft on 9-23-12). 08-20-2013 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 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 08-31-2013 09-05-2013 09-17-2013 09-1 8-20 13 10-04-2013 license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. The previous rental license expired. A $125 Administrative Citation was issued for not submitting a mitigation plan. A 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 October 14, 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. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy — Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. 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 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. 0 At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit Type I — 3 Year 1-2 units 0-1 3+ units 0-035 Type II — 2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III — 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV — 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category Impact 1-2 0-1 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 Category 1-2 Greater than 1 but not more than 3 3-4 units Greater than 0.25 but not more than 1 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 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 Categories 1-2 Greater than 3 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: e Vibrant Neighborhoods Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust x , J 1)(0 1%qtY A (1 '1 '4:15:6807 Humboldt Ave Apt 301 *Brooklyn Cotner MN 55430 (:)wil e r NAmc:RLSD Properties/Neve Concepts Ltya At m,„, Conc ept Managnient Mace Mdrk:: Avrni. `AO U.frJ I,I;LA; t.ffi As'eni 952259. 1201Owner i'llzym7 tor2 25(11201,„J —• • • SCCII011 A- Pr,oitcrty Intbrination 5707 tiug);Niv eliti St. tf;tit verI:r9 lt 614t6 _ Owr lim'il:ntichelle@ncrfigi,coni E T11 rnicheiteOncmgi.corn Kemal 1,3:.(31ft.: 1,:vw f IJ1 etlemal; (ow." Licenic F:winIttott Dote:?401+1kw. Slit) 13 et Pcnding 'ryix IV 1et Exp. flitc 2"ker") WilY iniqd_sfrom Rd on Folxity comlit,;ked!or valid:ad pkt nuincc ireidenz:, a tefetcri propoly conlitles lot e'l)fic IV ttent4113cr,s(... Bc-rate your le,st: upp-ticaticnt can be: considered by the CO Mitigation Plan mug be completed Ant! roicwecl y City - star, fully coniplcied Mitigation In fllt”.16t subinitte4 innowirdcly eripmc timdy complttim of the licenfz oplic3.tinn pmcef:s. The Mitiggicro Mn 11 ,,ould jock= the ;:tepc Inieg t*rn ncotrut idiIiiJ vic4tiont 3nti the inemtcs Oat vitI ie InIccr, to carnpRA; Vfil); Ci, Ordiro.rn ,23 ;-ird aFpli-cable Ce.(ic.:s. The Mitigation Plan pro idz -i tn oppactenity 11)ri:V.“4 pmpelly C(41GC171 ftcl solotioivs to woprkm: Cho': overall condilion .0 tirti marmonwit of tlw NOTICE: Iirnc it• ILLinoinv, Ont —Yot) nitIst TAKE A1,-,TION NOW in ordrt to rm.:71 ail 'Cot., city 1.,titvcce ir-a! 1.(14or ion Ilan requirtmenti wiUin thIS tiuJtu Icc piki4 kvoW it0 I Section 13— 'Required Do'ctttneitt.$ ._s:u bmit tile ((Mowing tim moray, with tht Mitigation 1 1 13n rur approvnl: Cam Flee Hoasirty, Preontm Trainihg Ccnii (if complztexl, if not il,00lpletc-d.. iNttidt :cr.hechAtti data in lki-flion C. 2. Copy of Le_aie imluding Minnesota Crimr, Free 1icosiny,14%.(;Ic AcidotOmlLsii 3. Submit i1Ien repoa b rrY 3 oreai:b moth tatter licer3c Section C- Ci inn Fri:c: liousi_Lgt 211t1Trom 'Requirements At.c, f 1, the.' rillcr. 14,9•1.e it1d;nt Fr iiotsr i.eme Arkk,,sidurn, Ct-ylduct r tiri his:'<or,ind check roc all promieciivc tcrantv, Po.o, 43e0,,,tottti.:41 13 Ciry tql:esteki, PtItStle,'tlue V.ietioi of tewitits 1.01D '1-01,:tiff C1:4 MTh':tf flIC Of any .fidderldifflii•. i'/ Mit'igAtion PI;In 11,16.11rav., 1 1' ° City of Orooklyn Center 6Ml1 Shrink Cr, Pad:way ilwokivn (enter, MN SS430219! LIMIIIIM-2-41-....._-2-1.-.- -,: --..1--.:::1:-..:-;:.:z ,:-:-,:,, ,' -• .. rMivt.:763 .50 -3309 tit' 711 k)" 76:3-$59060 .v:ii.ICilwiLtorAlitlre't)lef Rental Licensc 1\1iiigatiott Plan--TYpe IV RellIaI I-iccosc ihootaTirien ptaio will ma he accepted, PI One rwe or kw pliable farm on City ityb.(ire, Attend t.,ity approved eirin Inyar Crime Iree I g cowse, 0,tte CrAns5e Compel: or Doc Courgt SclAuled: fAlca)1)– - 11511 -Phase II Coal picle Se.<%trity Ast;44:tistritot [titp:cfrxilt ;ill impt-t-n.oncats rtscurnmenth..id by tit.r. Ilroahlyn Cs itt'ar Depariritni Th. s,,h,,,,lubt 1---It k9 1 1 — 4474 ) litiorovcrAcms 10 cd by Mose F-7711 will attend a minimum of SU% of 04. ARM intttlisgs (two). I w ill it u J ti4„:„. A iutf t incci i nt„,25 i u k b,:14,4-0;414 .,;:..2t)c, I 4 m-4442)-or t tt4:t; lhes42 IAN .o (ti:ct:c $ l,JJi )..rt; exp;tolion ie Yr-4;L. ▪St-CliO?? ) it nu, you %+ili l',111), he ahk to quolity for o '1":riiv IV Itcotal License upon rettolttl, 4:41 I • I txt repeat Cc.,le vialAtIOAS preafiOkilly doCuiticedi'vvithil‘th PV"t Ye". For properties with four of Mote 'mkt: I Mil cooduck t csid;.1 ,4 tr ill fling itoimilly t47,1 Cti pa,srmliOri tC:11:1i<p:t8. M ViUI 130.'4 rcgular rciidtnt rnIctin2), Section D- Long Term Capital In ..-iprovernents Plan •_ co condition aid al.y, estiirmted irplzeeincin dies re pro•4&.-4 for common canitul teIIi rOntilq NFouli1 oontkleml accordingly, I low eve'', ICCa1 brokeO, svixn eer ighkf:eriSe in t4i tioi pii.ii to Ihc. e•It-tintated dlte wit! re: mire e...ali4:t .ic--rrcc,tions .wi n iiowt ,14N:if -Fence II-414 (424 .5-itcti 11.), rt. -Cial-av 441Xiveway ___ _ ' r--- ..2, i s„„ow Aturins & Cat Immi NIOnoxkle A 1-tr ■IIIS.. _,-- . ., Oth;:t(i) SCCilOrl E - S t 0 3 to Improve ithinatlement mid Conditions or Prow ty , _ • L .,, Impletticutin2 Or follost, int best pr.wtit:e24 may 3 isig in tin: liarrig42m4;nit of your propmy. /2r1. diet:kb-1g Mc box &`1014', you agree tot Lin I. (.1.4AA il■ With it rAnt$ rit ry Vi Lys:L Ui--,.= 2. Dfivt by prectcny In clice4k for violation3 It; Ice a month. Fav 2 1,14 44zti-A itet.v 11-16-21 Lstintated —Writer tIvstv. Furn4c(t/AC , _ Date Lilt Rit.ift eel _ trac.tri R:plaCcOlcrit DAIC tiriCi tit2Gt!Jill iii.Clt KilaCtl Al;pli.4aCCS-.. Vini if (11:;101;;; _ ---- .Ullify ApPliAnCei• —ta — ty. fvorior u4tItHen wzt:23i----- —wit:tz) 4 P-AmtiSiditw, Ilielr.„ ltint , votrAn — _.-- -. CS4'4',f5 ;2(.2,?..___LIt4 ,7-4tt - Owner. gent Signature l'or City Ufa:. Mtnsaihn Plan Approved Police Department / Title it Bull 0114161 . nity Standards Department / Title 3, Evict tenants in violation of the lease and all addendums. 4 Provide lawn/snow service. 5 Provide garbage service.MLR 6. install security system. 7. Provide maintenance service plan for appliances, Name of service co.: Appliance Repair 1 8. I am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other financial claims due to the City.I 9. ()the*); NMI 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 le °leach 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. Michelle Mandaville, Property Manager Owner or Agent Name and Title (Please Print) Additio1iare wner or Agent Name and Title (if applicable) (Please Print) Additional Owner or Agent Signature (if applicable) Page 3 Type IV Mitigation Plan Rev 11-16-11 c1.4-0 ' Date Date City Council Agenda Item No. 10d - COUNCIL ITEM MEMORANDUM DATE: TO: FROM: SUBJECT: October 14, 2013 Curt Boganey, City Manager Sharon Knutson, City Clerk Type IV 6-Month Provisional Rental License for 6813 Humboldt Ave N B302 Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan and issuance of a Type IV 6-Month Provisional Rental License for 6813 Humboldt Ave N B302. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a new rental license. This property qualifies for a Type IV provisional rental license, based on twelve property code violations found during the initial rental license inspection. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 05-09-2013 The Owner, New Concepts Management, applied for an initial rental dwelling license for 6813 Humboldt Ave N, B302, a single-family residential property. 06-05-2013 An initial rental inspection was conducted. (Twelve property code violations were cited, see attached rental criteria) 07-08-2013 A second rental inspection was conducted and passed. 07-17-2013 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. 07-29-2013 A Mitigation Plan was submitted but was not approved. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for alipeople and preserves the public trust COUNCIL ITEM MEMORANDUM 08-01-2013 08-15-2013 08-26-2013 09-18-2013 10-04-2013 The property manager was notified that the mitigation plan submitted was not approved and would need to be corrected and resubmitted. The property manager was notified that the mitigation plan submitted was not approved and would need to be corrected and resubmitted. A $125 Administrative Citation was issued for failing to submit a mitigation plan. The Mitigation Plan was finalized. A letter was sent to the owner notifying that the hearing before the Council will be held October 14, 2013. If approved, after six months, a new rental license is required. The license process will begin in approximately four months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy — Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for alipeople and preserves the public trust COUNCIL ITEM MEMORANDUM Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: •At least 75% of units will be inspected for properties with 15 or less units. •At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit Type I — 3 Year , 1-2 units 0-1 3+ units 0-0.75 Type II — 2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III — 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1 5 but not more than 3 Type IV — 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of deteimining 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 Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category Impact 1-2 0-1 3 -4 units 0-0.25 5 or more units 0-0.35 Decrease 1 Category 1-2 Greater than 1 but not more than 3 3-4 units Greater than 025 but not more than 1 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al people and preserves the public trust COUNCIL ITEM MEMORANDUM 5 or more units Greater than 0 35 but not more than 0.50 Decrease 2 Categories 1-2 Greater than 3 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Council Goals: Strategic Priorities: * Vibrant Neighborhoods Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Stctinn A– rr:_nlqat Information— . P '"de n Y Ac kirc '''s 68'13 Humboldt Ave N 8302, Brooklyn Center MN 55434 ov'I'cr Nlinie: tiSW PtefAd tNIN:-..v 0%06 Mirzgmonl IA''`''Il A P cr'"M ichelle Mandaville Cfm .(3° Ad<Irmi: _ Roil, l I iecibv, I _ j Nos 4MW,P1' Current Licen&t. Expioliw 1);1k-1441-U4446° kt..., _ ' P cilt tin"P'rnichelle@nomglAx)rn A g c "tPk'lw:952 259 1201 kclii AddroF _ f.7 7,44. I: of et,,,;. t ON ti Psitik MN !ith it ./ , _ 1oy,int phone 9.557:?.E2:19e.J.147,:+ni:i .St ti7011 rd'4 sif.ti SG4 t s: , "s' ' - '{ 1""" r '''"michelle(q.),nerngl.cx)m *Pending Typ:. IV 1,h4nin Fxr% Datt.r-112_, etl--Kik iii.-.4vill t-,....v: , h.tw ,i !team: esA:1 atiNg _ liw fift 9 zola City of Brooklyn CntriQr 6301 .Shiligte ri p el PAft,w;e1- oTh,in Centet,MH S5 ,130:2199 e rf-,?; 2 Ic It; 3 ;11-■ilteeitt ,)t171 Ual LicolAc 1itiittion I'hlti –TYlw IV RcilIal LIcoisc 11°1,444 hicti planv 11411 not he urcepted, !Wow typt en- rtu, •)r, rfebite, 113 scd on rorM) %tltalIe.d po1i‘V rod can:c itwidcnIN.IIK;.0")t lc let goal lics (14 T>p: IV kenlAl I lkfixe }NJ, b ih Cii} A Mi4IVIION HMI 11111A C01110ZiCj (111.3 City Ntiff. A IOU!, ,:onlillelviNlitiption Plan tflUSI introcklotc1) eniuw cointilo4:1n nithn liccntc upiliodio.ipruccss 'Tlic Mill_iotikv) Plan ittoold jinikalc 4:C14)(0(11:i" viuktiori ond (I iur' iIL1 m, ill Lc Liken le )iI ccmrsljaiu N%n Cit.; Ordinunctn. 11.e. Pun proviall in kirporivoit,,,, to rtvilw rtkr:T Ilic(i'iiU CiNiJiti.ciS and th: propcii) NOTICE: 'I ftwv)itt-i: )0..1,1'ot" ir.:nt 1 r1gli FION NOW ill t,/,•1:1 all ti: city 01.1livilec arvl PlAn t quite in:n1, '0,101111 111+ frp,miiny pot led SeCi1011 11- Rtinired DOC11MentS Sulittti 1.1n.1011.)wing ductitntnti 0, lilt the11110 -1-Ation Plan for Appowal: I Free I IL‘iiiin,y Poot,n) 1 tailin:,z Ckutilic:ftc (if r.7li ccovivv.-%1 inciAkk clatc iii Scvlimi (7.17/7 uf I vas ,: inziuJin Ilt.N I I.1,n)lw I I.,aw AcIdc.neunt Sutinstt vi&-tt.01. 1"17.)11 1):, I (I I ' 01' tiJ montb (01113 lW 411 Dvii) Section Crinte Free "lousing l'rOornrit 1 ..9.qtrirernents L t I.th, itoil,itt!, Atlje:t`dlinN. L 2, CordtiV, etilistiot Ls:lip-mod chxf, EL,,f ic es,:irtmcnim kits Iif Pine I thy esic (ion (if stio iOrtlIN ;in) atIO:0311KI: TYN" Milq,4tion Nen Po; 11 .16,1 1 itrpl,r1:cillo-Ni I J:Ite ',arra ;o?:?:r rarriu, Inor mr...0 mtqa -WiadaNIN uot.3');;All bir,23 D m LkI I t e friao. 41 Fl ": I 1.1 0:IA -(.1 Wahl I katcf , L' . Kitc1.413 Apiquiricc.v. ___ _ 1.3trodr1 Appliano:s.. E\Itnim- tr ,P.:=A tt e AT! .."fr :10 } tith 4 Atrciai (AIN. Fixt, ill): hie Ifl!N rompktot lz• ENT' tvi v,w). 1 -11 Pais: Ceta,w Scitzaiolcd.• Phw II (:tw0pI:13: Necority A NNtN..iirtent and intploint ult niIy Rnprovurub hro111,411 Ccnter Polix 1.)1:FRImo.ra. ti.zlo:dral“1 Ii h oruptc-r:.<1, I'lr.r.o. III [ ill NI di 3rold 3 1-nnoto of Cr'it'* of Or,, ARM mectinva (45 ,0, 1 ... 1 -,, #r 'r / q PA,/ 0 t r,oillIiticio Illa. ARV) uo:criurr•.Nrh:dolol for C.4 04 1 i j & ,, _ ,_ ..._, _ th , I lir .7 Ivw ftwcriafo dato, t#,:a.la- h:tori: ihc 'I'vivil'n.g bp( a`l.recmc cApifirtioR 11310 ri v,,,, L_,J No 1 4 .C'e i , Se; ti4n ,,•1111 MI, ) <all 1101 ORI N ko. ublo ro qualify iz.,r a Typt. IV Rental I Actok 13pe..11 mt .:ANNA. NA,11v WI% tva o.:Tiem cede pro `.‘ 1).),;.4k hit properlie■ I:1th taut f)r [non , ii Cill`,6):1 r ot-.1:i'.' ituloJes C(111):7 IIIV1 -0911011 NehIllq11V4, I 1 1. held rc tiwerioy, Section D — Long Term Capital Invrovonents Plan an :V.ttim1d rcvliroz im ni Are: proldoiIi.(Oltirnoti captIN 1 ilialis I ifittlitt , $114mildh! t:•avtqlt"to,‘ arc ,attlingly, ilowcyct, jijtolo:31.-,a call or otto:rssiy: i 1 'rat at 'roll pckli (be' uihd Nplucern,:nt rtitt IIjirt carIKT 4:41(C,NiltM -Roof 110,,r -1)rkt,Ara:, 7,-;a:;?) sot7,-;:yoa)7401 Suo .'o.: Alt,ric CurituriNIntroxic,!..:;.‘1...;11141 2_j ‘" ()thaw scetio» SIcps 10 Imp ri-r‘ e Alan:Igo:tient owl Contlition$ of Propt.rtv I forlortot inthe fat Ice,‘ pr j&-; tna) tit,: 1141-4 Of .int;111Ntly, 4.1 cho: A ho: ihe 6 oXe.f ('Io t, you ogicA, to: I 1, (lieti, leflandi g Dikt:tiy rop:ity c.Iw.3.;I: Mkt:- Pau. Pet t . 11-16.11 11111111511 III Agent Signet 1 —) Date I or City O. Mitigation Pkul Appro■ed Standards Department I Title 3 Evict tenants in violation of the lease and all addendurns. 4.Provide lawn/snow service. 5.Provide garbage service, 6, Install security system. 7.Provide maintenance service plan for appliances. Name of service co.. 8.I am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other financial claims due to the City. 9. Other(s): Please read thoroughly: If the Type IV Rental License is approved by the City Council, the Licensee must comply with the approved Mitigation Plan and all applicable city codes, No later thatithe 10 0 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! 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. Michelle Mandaville, Property Manager Owner or Agent Name and Titte (Please Print) Additional OwnerOwner or Agent Name and Title (if applicable) (Please Print) Additional Owner or Agent Signature Of applicable) 07.28.13 Date Date Page 3 Type IV Mitigation Plan Rev 11.-16 -11 City Council Agenda Item No. 10e COUNCIL ITEM MEMORANDUM DATE: October 14, 2013 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for Evergreen Park Manor, 7200- 7224 Camden 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 7200-7224 Camden Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This 80-unit property qualifies for a Type II Rental License based on the number of property code violations (110 violations, 1.38/unit) and validated police nuisance incidents (twelve). However, the property owner failed to meet the condition(s) of the Type IV Rental License, specifically failed to submit crime free housing certificate and failed to complete security improvements. The property owner received a Type IV Rental License on April 3, 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 cuiTently in compliance with the ordinance. The following is a brief history of the license process actions. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust 05-14-2013 06-24-2013 06-30-2013 07-08-2013 07-17-2013 07-29-2013 07-29-2013 08-15-2013 09-01-2013 09-18-2013 10-04-2013 Prior Type IV 09-26-2012 11-01-2012 12-28-2012 12-31-2012 01-09-2013 01-23-2013 01-23-2013 01-31-2013 COUNCIL ITEM MEMORANDUM Current rental 04-03-2013 license approval activities: The owner, Sean Bannerman, applied for renewal of the rental dwelling license for 7200 Camden Ave N, a multi-family dwelling (5 buildings/80 units), Evergreen Park Manor. An initial rental inspection was conducted. 110 property code violations were cited (1.38/unit), see attached rental criteria. A reinspection was conducted and failed resulting in $450 in reinspection fees being charged. The previous Type IV license expired. The owner paid $450 in reinspection fees. A $125 Administrative Fine was issued for failure to meet the plan requirements. A reinspection was conducted and passed. City records indicate twelve validated police incident/nuisance calls occurred in the past twelve months. Incidents were 8/26/12 Disturbance, 09/14/12 Narcotics 09/28/12 Disturbance, 11/25/12 Auto Theft, 12/27/12 Theft, 03/19/13 Damage to Property, 03/20/13 Damage to Property, 03/29/13 Disturbance, 04/23/13, Aggravated Assault 05/02/13, Aggravated Assault 06/20/13, Damage to Property and 08/05/13 Theft. 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 Mitigation Plan was finalized A letter was sent to the owner notifying that the hearing before the Council will be held October 14, 2013. Rental License approval activities: The Owner, Sean Bannerman, applied for renewal of the rental dwelling license for 7200-7224 Camden Ave N, a five building, 80 unit rental property; Evergreen Park Manor. An initial rental inspection was conducted. 354 (4.43/unit) property code violations were cited, see attached rental criteria. The inspector met the manager on site to review the license requirements. The previous rental license expired. A second rental inspection was conducted and failed A follow up inspection was conducted and passed. City records indicate 11 validated police incident/nuisance calls occurred in the past twelve months. Incidents were 02-05-2012 theft, 02-10-2012 aggravated assault, 02-10-2012 disturbing the peace, 02-18-2012 disturbing the peace, 6/28/12 theft, 07-13-2012 theft, 08-26-2012 disturbing the peace, 09-14-2012 controlled substance, 09-28-1202 disturbing the peace, 11-25-2012 vehicle theft, 12/27/2012 theft. A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for allpeople and preserves the public trust COUNCIL ITEM MEMORANDUM license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 02-14-2013 A Mitigation Plan was submitted. 02-22-2013 The Mitigation Plan was finalized. 03-11-2013 A letter was sent to the owner notifying that the hearing before the Council will be held March 25, 2013. If approved, after six months, a new rental license is required. The license process will begin in approximately four months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan 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 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 plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy — Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for ailpeople and preserves the public trust Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit Type I — 3 Year ■■•11.11111115, Type 11-2 Year 1-2 units 3+ units 1-2 units 3+ units 0-1 0-0.75 Greater than 1 but not more than 4 Greater than 0 75 but not more than Type III — 1 Year 1-2 units 3+ units Greater than 4 but 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 • 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 Category Number of Units Validated Calls for Disorderly Conduct 1 Service & Part I Crimes (Calls Per Unit/Year) No Category Impact 1-2 0-1 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 Category 1-2 Greater than 1 but not more than 3 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0 35 but not more than 0.50 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life foral/people and preserves the public trust COUNCIL ITEM MEMORANDUM Decrease 2 Categories 1-2 Greater than 3 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Council Goals: Strategic Priorities: • Vibrant Neighborhoods Attachment - Mitigation Plan - Resolution Approving a Type IV Rental License for 7200 Camden Avenue N Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Section. 11— Itequired Doeumcnts- Submit tlic f011oting doctittbmtt -tvith the iNietIgAttim 11411 for iirproval; in )ie floimni; Proprdm Trainiwe Ceti ific;ac (if contrkle;1, if rot picase incitAr r,V P inksiodinv, Miner:m-1u. Vtcy. Itou7,ir4; AdJcitefutut ceinniultd &Or Sectinn C. ■L•litth Opne-t IT lir of CaCil Ortc: Iir. procf City of Brooklyn Center G301 Shingle (Jett. Parkwly eArocii.tocr.,,,,ter, MU 5S43D-21% -111111.111111111.W.T;r,:,4tr: .11WfM. Rental heense Mitigation Plan—Type IV Rental License Handwritten pions Kill ,wt he ocrepted. Plea$c toe or toe plate form on City 174iAile. F'in.․)r1761 ,169.12-1,■V flY 711 tar:. 76:.1!6P 3360 Wil•VO e it y91/,‘,0/...1 t,t).,q;,- siTtiott A— Property Infotinatkon . Ar-1 7200-7224 Camden Ave N h 'Sean Bannerman Cle.viter A dd re. f,s V,,,t t 1:f a: t.-.!il12Cto(3:nt\wti f'/ItAlp Ci(01 ., t3.4 31, Lota Acn 17 ASK Property Management Amfel,s: Ith"" 612.605-2293 1 ti w"" h""iLSeanb@askprep.com itti(itt ik-dist.; Li r4,,, [0] Mien' Phoue'763-566-6591 knci'""'"il 'Ernilyk(gaskprop;com Curl-eta Licer,Ne Emus:thin) 1)bte, (.0t,,,It.A *Putitit ng Typr. IV lAteitie Exp. Date: 12131 /2013 Mk MO'S (k% POW t vrolf !leo , Ne V10'10000 ROP41 OR pror..tty Cenditioto. roil'or VIi p...,1;:c nuir.mt," inenient, tb.; Allow tc (*mixed prop -1) ilifsri f<-Tyr); IV Renr41 I 11:forc )ex.r Ieii p Ii ikm cz.it) Ire eelliiderod by 111:.• City Cov..ncil. .1 NIitig,itiorrm I 4014pkto.1 apA lri...,vicyoNiby Cvgaff A hilly eompletod Mitirdtion Plan roust he Nik.alitted ii tJ y W COW! I,' timely oniopktiiin of 11'4 Wentt applicgirm Mitigsti<pn Pion iorlitNitc titc sttrsIi triker)If,corrNt Lt.-milted viol:Ili:1m and the '1)o:sures NI will be i.4.:tn to eiv.rns ir,r1Q.ljer, 1:m110i:wee j,h City Ordi..1.7../irvi orpli,-.Abic Milig4tion Pnprovi,..3c$ ars Opf.:41e<lity o tcvicw ripperty concerrA and id.mtily pos-sibiz SultItioni I) iv:Int-sow 11w cv,vrall cerlditiom tAid marnment of the Noperty. NOTICE: 1 wiz: is itonnin otit —you mos I AM:. All ItiN NOW' in ort!,;1-w tw II the %-.it) ordinmice ani1 Mi igiit it4-1 I.ir encu I v.,;thicr rbk 'Nehfrits! license Ferrol :irid avoid ko,.11 vetion (.*-- Crime free noosing Prograrn Requirillients tt, I written leLse includiTy Cjrm Fre I ielit.ine. letlic Addendum cortxtini efirnirl.t) tilt:1round eFk an till inolptiti ,s ,.' laantsPtu ,k iloCurocut.51ion City. trq41,:-,Ted ii`K` (4.4:1611 ()4- I:031115 Wh)Vird;10 tt*ttn ,; rtf the k.i atry 1 Type IV Mitilzition flev 11-16-11 ISM_ 4 ,Attt:itti (`tty Crime ilts,Issint, e0.11rIe _ De CAtoursc te`n C4inipleud- tile) t1 11 4“-- Co n vv. SA Mu '0' ,1 0 “*._ Phalr 11 C'on-tplete A%.,4•,..1.st14,111 ork:1 iiTt'i II ;:.,ority ifiti)in■villefteS hy 1is-or4,:tyn (Teroci Police I):Nitro:fit 1.11tt b y.IriprOV,ZitiMif. t),(1` cotnikuu 1Thitse IV cnini.mtin i4 of IR AR }A 1'1 kk,o) %I ill ow: o d (h c A km I 3 illt-,Q","41 - 11 0 I;Y:it* hvel twslico,f, &ate ocon kfcm: !he ):11:v IC Lit ribT cxoritionkhief \ ehLiNo Sr ,wilL ) r nu ,vu \Oil unlY b 31;10 to quAlilly rot LI 1 ) pc IV Ittotal ._dl ii;ot, viola (6,1% e41::1.1111i.:11tc;i'oilhit the p:ot yC1t. Fitt prOperiltg With fOla ftiOfV1111itA; I :‘:otto.: tint h.41o.t. oi)m; pr...vent rtchniquel: I will bolil I 01.11 relsil141“ I1 iiS Seetion p --Lo ng Term Capital Improvements Plan ii,..:0,1 09 erttliti011 and tig,:.. 4,-t1m40.1 teplaNtnen: alto are pxoYKIcti rot <-0tinion 1.-.ipil...< I item,. I- tii-ittfig1 ..:INtitt.1 h.: cl.ittsidvicd accoiditisly. I itrAvvcr. iwm:s htikcit. wont or oiltet ,...ite in violtition pito: to the c...iimiteA r ceoy;:tat dAik.' 'Ail t ft\IlliW tWit ,:f (:7110:1,14Nii., T Eititimted 1)31'2 Last R4114ce-1 Repla.xnterf, 1›,f,e ult. to.1 ,11.4 c Kitchen Appli.awk..5,• ' 1 - '.11-5. I ' 2 I.1 t ,:s- - k 1 :WS1t3 liCakt.' , 20 i 0 I Zliliffir AriphillICO-. -. . 1 I ['XIV 40( XIV !'. - --"";N:110 11412 i 2014i'aint.±Sitiai..8. 1'6 1'34, trim_ ;, . , 2u1t, ,,Rnor ito .4o0.!, WA i -Shv.1 . ,, It'i. IVA :,. _ . „ .. , _ .f...;m•41.— ..we 2'fiXi Cc AI< r,L,i.ti,:Ai— --- — -;Otis, c.-,,,,, feiN't ...1 if i.'"1. 204 21)11 201C Atiiims 4.k: Cal 1 1 .)11 Al:41114i - .6;‘-'■ 0 011X00 Stmto ifinpro ,e i‘lanagement tmtl Conditions of Propelly th: foltowins beci pult-tices: tn,Ay as m 0' IT -1 - vorx"fil of your preirctV, ' tang aft' 4,1tAt'..% yi)(t LISICC I it' tenYnls. evety Oay's: IBS 1)ri■1c by prop:fly fo,r vioktitm ritcoth se -2 Tyr„,r W; 0..ipt inn Plan )1.16 ,. 1 i nwace ;A CT. - ...; aY\AA Owner or Agent ignatt lr (1)\27, Date tr-71 3 Evict tenants in violation of the lease and all addendums. 4.Provide lawn/snow service. 5.Provide garbage service. 6.Install security system. 7.Provide maintenance service plan for appliances. Name of service co.: 8.I am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other financial claims due to the City. 9.Other(s): N/A- large bldgs 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. C__A\AN,N \,\ \ ,c Q k \\I \IKVVA.C1,2-f- Owner or Agen1 Name and Title (Please PYint) Additional Owner or Agent Name and Title (jf applicable) (Please Print) Additional Owner or Agent Signature (if applicable) Date For Ciiy Mitigation Plan Approved By: )7olice Department / Title 9/t uilding ity Standards Department / Title Page 3 Type IV Mitigation Plan Rev 1146-n Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR EVERGREEN PARK MANOR, 7200-7244 CAMDEN AVENUE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at Evergreen Park Manor, 7200-7224 Camden Avenue North, was issued a Type IV Rental License on March 25, 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 Evergreen Park Manor, 7200-7224 Camden Avenue North, Brooklyn Center failed to failed to submit crime free housing certificate and failed to complete security improvements; 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 Evergreen Park Manor, 7200-7244 Camden Avenue N, Brooklyn Center, MN. October 14, 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 October 14, 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. Strategic Plan Annual Report for Year Ending 2012 PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1.BC University 2.Inclusion and Diversity Follow Up — Community Engagement Strategies 3.Consideration of Modifying Setback Requirements for Front Porches 4.Citywide Environmental and Sustainability Efforts Update 5.Sister City Voinjama Visit Update 6.TIF 3 Budget Amendments and Bonds Sale for EDA Property Acquisition- October 28, 2013 Parking Lot Issues 1. Joint Meeting with Charter Commission Work Session Agenda Item No. 1 VEMORAN 111) UM - COUNCIL WORK SESSION DATE: October 10, 2013 TO: City Council FROM: Curt Boganey, City Manage?-3 SUBJECT: Annual Report- Success Targets Recommendation: It is recommended that the City Council receive the report and provide direction to staff regarding next steps. Background: Each year the City Council adopts a multi-year strategic plan describing the major strategic and ongoing goals for the City. For the last two years the City Council has adopted Goals, Desired Outcomes and Success Targets. The success targets are meant to be critical indicators of what success would look like if we were able to achieve it. These targets are intended to be "stretch objectives" that in some cases describe perfection, not necessarily achievable but a state worthy of pursuing. With that in mind, Monday we will present our results for 2012. We will briefly review the results on Monday. With the changes agreed to during last years' retreat this document will be replaced in the future using the new format of Key Performance Indicators (KPI). The final draft KPIs for 2013 are being developed by staff and will be available for you review in November. In summary the results for the year ended 2012: Targets Met 27 Targets Not Met 33 Targets In-Progress/Undetermined 25 Council Goals: Civic Engagement Focused Redevelopment Community Image Financial Stability Vibrant Neighborhoods 10.10.13.success.targets.2012.couneil work session memorandum Mission: Ensuring an attractive, clean, safe community that enhances the quality of life anti preserves the public trust City of rooklyn Center 2012 Strategic NE Our Mission To ensure an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust. Our Values Excellence and quality service delivery We believe that service to the public is our reason for being and strive to deliver quality services in a highly professional and cost-effective manner. Ethics and integrity We believe that ethics and integrity are foundation blocks of public trust and confidence and that all meaningful relationships are built on these values. Visionary Leadership and Planning We believe that the very essence of leadership is to be visionary and to plan for the future. Fiscal Responsibility We believe that fiscal responsibility and prudent stewardship of public funds is essential for citizen confidence in government. Cooperation and Teamwork We believe that the public is best served when departments and employees work cooperatively as a team rather than at cross purposes. Open and Honest Communication We believe that open and honest communication is essential for an informed and involved citizenry and to foster a positive working environment for employees. Professionalism We believe that a commitment to ethical values and continuous improvement is the mark of professionalism. We are committed to applying this principle to the services we offer and to the development of our employees. Inclusion We believe that each person has equal and intrinsic value and that the best decisions are made when diverse viewpoints are respected. Page 1 of 12 rev. 11262012 Strategic Plan Brooklyn Center 2 012 Strategic Goals 1.We will aggressively proceed with implementation of City's redevelopment plans. 2.We will stabilize and Improve residential neighborhoods. 3.We will ensure a safe and secure community. 4.We will improve the image of the City with citizens and those outside of the City's borders. 5.We will value and benefit from the community's demographic makeup and cultural diversity. 6.We will increase the engagement of all segments of the community. 7.We will continue to maintain and upgrade City infrastructure improvements. 8.We will encourage city wide environmental sustainability efforts. Ongoing Goals 1.We will provide streamlined, cost effective quality services with limited resources. 2.We will ensure the financial stability of the City. 3.We will move toward maintaining or lowering the level of the City's property taxes. 4.We will ensure the city's influence at the legislature. 5. We will ensure the City drinking water is high_guality and that the storm water and sanitary system is properly managed. Page 2 of 12 rev. 11262012 Strategic Plan Brooklyn Center 2012 Desired Outcomes and Success Targets Strategic Goals S.G.1. We will aggressively proceed with implementation of City's redevelopment plans. Private redevelopment will expand and improve. (d.o.1) Success Targets 1.At least 50% of the privately owned residential vacant properties will be redeveloped 2016 adding to the adjusted for inflation taxable value of the City. Redevelopment of these properties will commence by 2012. 2.At least 80 % of privately owned vacant commercial properties will complete redevelopment by 2016 adding to the adjusted for inflation taxable value of the City. Redevelopment of these properties will commence by 2012. 3. At least 50% of the blighted/economically obsolete commercial properties will be redeveloped by 2016 adding to the adjusted for inflation City tax base. Redevelopment of these properties will commence by 2012. "Opportunity Site" redevelopment will commence. (d.o.2) Success Targets 1.30% of the privately owned properties north and east of John Martin Drive will commence redevelopment by 2016. 2.All of the privately owned properties north and east of John Martin Drive will complete redevelopment by 2021 adding to the adjusted for inflation value of the City. 3.At least 50% of EDA owned and privately owned properties located south and west of John Martin Drive will commence and complete redevelopment by 2016 adding to the adjusted for inflation taxable value of the City. 4.All EDA owned and privately owned properties located south and west of John Martin Drive will commence and complete redevelopment by 2021 adding to the adjusted for inflation taxable value of the City. Page 3 of 12 rev. 11262012 Strategic Plan Brooklyn Center 2012 EDA owned properties redevelopment will proceed expeditiously. (d.o.3) Success Targets 1.At least 50 % of the EDA properties owned (non-Opportunity Site) commercial properties will commence redevelopment by 2012. 2.All EDA owned commercial property will have completed redevelopment by 2021 adding to the adjusted for inflation taxable value of the City. S.G.2.We will stabilize and Improve residential neighborhoods. Citizens will benefit from a diverse stock of housing types and styles. (d.o.1) Success Targets 1.The number of home improvements and remodels will increase. 2.The value added home improvements will exceed $7,500 average valuation per permit in each neighborhood (i.e. garage additions, bathrooms, bedrooms, 2 nd stories, energy efficiency) annually. 3.Housing and accommodations for seniors will be available for aging residents consistent with the demand for housing by this demographic group. 4.There will be new housing construction to accommodate the needs of those seeking a modern housing and move up housing choices Owners and occupants of housing in residential neighborhoods will comply with City codes and regulations which will be adequate to ensure a safe well maintained and attractive community. (d.o.2) Success Targets 1.Of all residential properties inspected 90 % will be in full compliance with property maintenance codes (% violation types) 2.All residents surveyed are aware of, understand and support the enforcement of city housing and neighborhood codes Owner occupied housing will increase as a percentage of total housing. (d.o.3) Page 4 of 12 rev. 11262012 Strategic Plan Brooklyn Center 201.2 Success Targets 1.At least 95% of single family residential properties will be owner occupied. 2.At least 95 % of all new housing will be built for owner occupancy Problems associated with foreclosures will be dramatically reduced or eliminated. (d.o.4) Success Targets 1.90 % of qualified vacant properties will be registered and in compliance with the vacant building ordinance. 2.All vacant properties will be in compliance with property maintenance codes. Residential property values will improve and citizens will be proud of their neighborhood and community. (d.o.5) Success Targets 1.By 2013 the average residential sales price will stop declining 2.By 2016 residential sales prices will increase at a rate equal to or greater than rate of increase in comparable communities 3.All residential properties will be well maintained and landscaped 4.All residents surveyed will say they are proud of their neighborhood. 5. All residents surveyed will say they are proud of Brooklyn Center. S. G.3. We will ensure a safe and secure community. The threat and fear of real or perceived crime among citizens and others will be greatly reduced. Success Targets 1. The Part 1 Crime per capita index shall be no greater than the Part 1 Crime per capita index for Hennepin County with the following annual objectives. o Larceny incidents shall be reduced 5% annually o Domestic aggravated assault incidents shall be reduced by 10% annually o Non- domestic aggravated assault incidents shall be reduced by 10% annually Page 5 of 12 rev. 11262012 Strategic Plan Brooklyn Center 201.2 ( - o Robbery incidents shall be reduced by 10% annually o Burglary incidents shall be reduced by 10% annually Citizens will feel and be safe in their homes, areas of concern and throughout the City. (d.o.2) 1.City survey results will reflect that all residents feel safe in their homes. 2.City survey results will reflect that all residents feel safe throughout the City. (No places deemed unsafe) 3. City survey results will reflect that all residents feel safe walking alone at night in their neighborhood S.G.4. We will improve the image of the City with citizens and those outside of the City's borders. Citizens and others throughout the State will recognize Brooklyn Center as a safe, quality, attractive community in which to live, work, and play. (d.o.1) Success Targets 1.The rate of property value increase in each property classification will equal or exceed the average rate of increase in the Hennepin County and in the State. 2.Citizen Survey results will reflect the perception that Brooklyn Center is a safe, quality, attractive place to live work and play. 3. Positive press regarding the City of Brooklyn Center will increase. S.G.5.We will value and benefit from the community demographic makeup and cultural diversity. All demographic groups will be represented and encouraged to participate in civic, governmental, community organizations and activities. (d.o.1) Success Targets Page 6 of 12 rev. 11262012 Strategic Plan Brooklyn Center 201.2 1. Members of all communities will have equal access and representation in civic, governmental, community organizations and activities Youth will be adequately served by recreation and educational programs and activities. (d.o.2) Success Targets 1.All youth desiring to will be productively engaged in recreational activities or educational programs 2.Participation in community programs and activities will reflect the demographic makeup of the community. The social, health and housing needs of the aging and moderate income population will be improved. (d.o.3) Success Targets 1. Service gaps in the social, health and housing needs of aging and moderate income community members will be reduced and eliminated over time. S. G.6. We will increase the engagement of all segments of the community. S. G. 7. We will maintain and upgrade City infrastructure improvements. City government buildings, major equipment and other physical assets of the City will be maintained and improved. (d.o.1) Success Targets 1.Meet or exceed the minimum maintenance condition standard for City facilities. 2.Customers provide positive feedback pertaining to City facilities (clean, attractive buildings). 3.Maintain public access and availability to City park facilities and infrastructure. 4.Reduce graffiti occurrences and complaints. Page 7 of 12 rev. 11262012 Strategic Plan Brooklyn Center 2012 Neighborhood streets and utilities will be maintained and improved. (d.o.2) Success Targets 1.Citizens rate reconstruction projects as meeting or exceeding expectations via surveys sent to project area residents. 2.Using a pavement index rating system, meet or exceed the established acceptable roadway rating standard. 3.Reduce potholes and roadway complaints. 4.Reduce sewer blockage and watermain breakage/complaints. 5. Complete the citywide street and utility reconstruction program by 2021. The traveling public will benefit from multi-modal transportation options fostered and provided by the City. (d.o.3) Success Targets 1.Minimize an increase to future traffic delays and congestion. 2.Minimize the amount of regional traffic flow on local streets. 3. Increase alternative modes of transportation used. Citizens will benefit from the expansion and improvement of needed technology infrastructure as viable options become available. (d.o.4) Success Targets 1.Reduce City government expenses through the application of technology. 2.Improve City services to the citizens through the application of technology. 3. Preserve environmental resources and conservation of energy through the application of technology. S.G.8.We will encourage city wide environmental sustainability efforts. Public appreciation of the environment will be enhanced and expanded. (d.o.1) Success Targets 1. By 2013 all residents surveyed will understand the value of recycling and energy conservation and at least 70 % will have changed their behavior in order to conserve environmental resources. Page 8 of 12 rev. 11262012 Strategic Plan Brooklyn Center 2012 2.By 2016 energy consumption in the City will be reduced significantly. 3.By 2016 City Government energy consumption will be reduced significantly. The purchasing power of the City will support the goal of an environmentally sustainable community. (d.o.2) Success Targets 1.The City will purchase recycled materials whenever costs are reasonable and quality is acceptable. 2.The City will increase the share of purchased recycled materials by 10 % annually through 2016. 3.The City will eliminate the use of products, chemicals or compounds that pose a risk to human health or to the environment whenever a viable cost effective alternative is available. 4.The City will purchase environmentally friendly equipment and vehicles whenever performance requirements and costs are comparable. Ongoing Goals 0. G. /. We will continue to provide streamlined, cost effective quality services with limited resources. The quality of service delivered by the City will consistently meet or exceed customer expectations. (d.o.1) Success Targets 1. Customer surveys for City services delivered will reflect customer satisfaction from not less than 90% of respondents Service delivery will improve on an ongoing basis. Success Targets 1.Implementation and execution of continuous improvement program throughout all departments 2.Qualification for Malcolm Baldridge or comparable quality improvement award. Page 9 of 12 rev. 11262012 Strategic Plan Brooklyn Center 2012 3. Cost effectiveness performance benchmark comparisons from each department will reflect upper quartile performance for each high priority benchmark measure 0.G.2. We will ensure the financial stability of the City. City funds will be protected against loss. (d.o.1) Success Targets 1.All City funds will be FDIC insured up to the legal maximum per account 2.Any funds in excess of the FDIC maximum in any one account will be properly collateralized. 3. The City's investment portfolio will be diversified so as to minimize potential losses on individual securities. The City administration will provide meaningful short, intermedi te and long term fiscal planning. (d.o.2) Success Targets 1.The operating budget document will provide annual and multi-year operating plans. 2.Staff will annually provide life-cycle capital plans for all long-lived assets. City will take appropriate actions to buffer essential services against the effects of significant economic downturns. (d.o.3) Success Targets 1.Fund reserves as indicated by year end cash balance will be maintained at levels allowing for short term funding of operations in emergency situations 2.Essential services as determined by the City Council will be funded from non-volatile resources. City will position itself for economic growth. (d.o.4) Success Targets 1.The City will keep current and adhere to the Comprehensive Plan 2.Capital Improvement Plans will reflect the intentions of the Comprehensive Plan Page 10 of 12 rev. 11262012 Strategic Plan Brooklyn Center 2012 00G.3. We will move toward maintaining or lowering the level f the City's property taxes. Except in extraordinary circumstances the property tax levy will not increase faster than the rate of inflation. (d.o.1) Success Targets 1.Property tax levy increases do not exceed the rate of inflation. 2.If the tax levy increase exceeds the rate of inflation a clear, extraordinary circumstance is identified. The City will expand the proportion of industrial and commercial tax base to relieve the residential property tax burden. (d.o.2) Success Targets 1. The City commercial/industrial tax base increases at a rate faster than the residential tax base. The inflation adjusted property taxes paid by the median family household will be stabilized or reduced over time. (d.o.3) Success Targets 1. The inflation adjusted city property taxes payable for the median valued single family home will be equal to or less than the calculated city taxes payable for the prior year. 0.G.4. We will ensure the city's influence at the legislature. State and Federal legislators will be kept informed regarding City needs that may be affected by legislation. (d.o.1) Success Targets 1. Annually, the City Council and Staff will assess legislative needs and communicate directly with appropriate Local, State and Federal legislators Page 11 of 12 rev. 11262012 Strategic Plan Brooklyn Center 2012 We will maintain positive ongoing relationships with Local, State and Federal legislators. (d.o.2) Success Targets 1.Legislative officials will address the City Council annually regarding their efforts on behalf of our shared constituents. 2.Legislators will sponsor and support legislation on behalf of the City O.G.5.We will ensure the City drinking water is high quality and that the storm water and sanitar s stem is • ro erly managed. The City's drinking water will meet or exceed safe drinking water standards of the State of Minnesota. (d.o.1) Success Targets 1.City will meet or exceed all safe drinking water standards. 2.The water supply will be protected against emerging and potential water contaminants. Storm water runoff will be managed in an efficient and environmentally sensitive manner. (d.o.2) Success Targets 1. City will implement and maintain all priority elements of the Brooklyn Center Local Water Management Plan by 2012. final.strategic plan 07.01.12.revised.11.26.12 Page 12 of 12 rev. 11262012 -0-0 cos_. CD fa 0 0 -0Ccc; 0.1 Lr) (C1 CO0 C bID (O —O.)U 0 =6. cCcos 0 U •Cis-CU rn C0 a)Nu 6 ccll>- 0.) 0 0 0 -0 o CU LE ccl ccs -a cl) +-J -0 -0 (NI ro _C 0r _C? (1) co4-, 4-, -0 0)Lcs as -3oEE (1.) css 0 0 0)-0 > S— V)0 (1.) CD eL E mu"v-) I— 0 E -a ) I (I)> (/) .4—j (f) co 4—) 0 • Ln1) *(4: QJ 0 0.) Q.) 0 t-Q 0 Q.) -0 (i C3 0 cz5 Q.)s-6 -6 Q.) (,)a)4— '42;z0.) 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