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HomeMy WebLinkAbout2013 10-28 CCP Regular SessionAGENDA CITY COUNCIL STUDY SESSION October 28 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 28, 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.October 14 2013 — Study Session 2.October 14, 2013 — Regular Session b. Licenses c.Resolution Setting 2014 Employer Benefits Contribution for Full-Time Non- Union Employees d.Resolution Approving Contract Between Cornerstone Advocacy Service and Project Peace e. Approval to Amend 2013 City Council Meeting Calendar Rescheduling the November 4, 2013, Budget Work Session with Financial Commission to November 18, 2013 CITY COUNCIL AGENDA -2- October 28, 2013 7. Presentations/Proclamations/Recognitions/Donations a. Proclamation Declaring October 28, 2013, to be Designated as Random Acts of Kindness Day Requested Council Action: —Motion to adopt proclamation. b. Random Acts of Kindness Presentation of Recognition and Certificate Ceremony Requested Council Action: —City Council Members read nominations received. —Mayor presents certificates to those nominees present. 8. Public Hearings —None 9. Planning Commission Items a.Planning Commission Application No. 2013-021 Submitted by Gatlin Development Company. Request for Preliminary Plat Approval of Shingle Creek Crossing 4 th Addition, Located in the Shingle Creek Crossing PUD properties. The Planning Commission recommended approval of this application at is October 17, 2013, meeting. 1. Resolution Regarding the Disposition of Planning Commission Application No. 2013-021 Submitted by Gatlin Development Company A Request for Preliminary Plat of Shingle Creek Crossing 4 t1 Addition Requested Council Action: —Motion to adopt resolution. b.Planning Commission Application No. 2013-017 Submitted by Halle Properties, LLC. Request for Site and Building Plan Approval of a New 7,322 sq. ft. Discount Tire Store for Building Pad A Within the Shingle Creek Crossing Planned Unit Development Project. The Planning Commission recommended approval of this application at is October 17, 2013, meeting. 1. Resolution Regarding the Disposition of Planning Commission Application No. 2013-017 Submitted by Halle Properties, LLC and Gatlin Development Company, Requesting the Approval of Site and Building Plan for the New Discount Tire Store, Located on Building Pad Site A of the Shingle Creek Crossing Planned Unit Development (1450 Shingle Creek Crossing) Requested Council Action: —Motion to adopt resolution. c. Planning Commission Application No. 2013-022 Submitted Avis-Budget Group. Request for Special Use Permit Approval to Allow Budget Rental Trucks to be Stored and Leased from the Existing Avis Auto Rental Facility, Located in the Sears Automotive Center Building and Properties. The Planning Commission recommended approval of this application at is October 17, 2013, meeting. CITY COUNCIL AGENDA -3- October 28, 2013 1. Resolution Regarding the Disposition of Planning Commission Application No. 2013-022 Submitted by Avis Budget Group, Inc. for a Special Use Permit to Park and Lease Budget Rental Trucks at the Avis Rent A Car/Sears Automotive Center, Located at 1299 Shingle Creek Crossing (Formerly 1299 Brookdale Center) Requested Council Action: —Motion to adopt resolution. 10. Council Consideration Items a.Consideration of Type IV 6-Month Provisional Rental License for 5563 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. b.Consideration of Type IV 6-Month Provisional Rental License for 5500 Bryant Avenue North Requested Council Action: —Receive staff report. —Motion to continue 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 5820 Logan Avenue North Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Take action on rental license application and mitigation plan. 11. Council Report 12. Adjournment City Council Agenda Item 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/WORK SESSION OCTOBER 14, 2013 CITY HALL — COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study/Work Session called to order by Mayor Tim Willson at 6:00 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, 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 and Mary Mullen, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Ryan requested discussion regarding Item 9a, Planning Commission Application No. 2013-018, in particular pages 6-7 of the Planning Commission report. He asked for clarification regarding the size modification of Building D, which was originally planned for 8,400 sq. ft but has expanded to 11,200 sq. ft in the PUD. He added this is the same size as Building L. City Manager Curt Boganey stated the developer has not been able to attract the kind of use that was anticipated for Building L. Councilmember Ryan stated Phase 2 of the original Development Agreement stipulated that the developer is required to produce a certain square footage of development. He added the size adjustments may be for a good reason, but the square footage size requirements remain. Mr. Boganey stated the amendments do not affect the basic requirements of the PUD. Director of Business and Development Eitel explained that to be eligible for the forgivable loan, the 249,000 square feet is required. Councilmember Ryan commended the developer on their progress despite the challenges that the development has faced. MISCELLANEOUS 10/14/13 -1- DRAFT Councilmember Myszkowski stated she would be out of town October 17-20, 2013. Councilmember Kleven stated the two Salvation Army donation bins have been picked up from both fire stations. Councilmember Kleven stated a thief that has been active in her neighborhood has been caught. Councilmember Kleven stated she participated in International Walk to School Day on October 9 at Evergreen Park School. She added that she missed the water plant open house, and requested an additional opportunity for the City Council to tour the plant. The Council agreed. Mr. Boganey stated staff would schedule a tour for the Council. Wood Smoke and Burning of Trash Councilmember Kleven reviewed a letter she received regarding burning of yard waste in her neighborhood, which can cause difficulty breathing and raises health concerns. She reviewed documentation regarding this issue from various agencies, including the Wisconsin Department of Health, Minnesota Pollution Control Agency, and the American Lung Association. She added that public facilities are smoke-free and she believes neighborhood air should be smoke-free as well. She requested that this issue be included on a future Council Work Session agenda. Mayor Willson agreed, stating there have been numerous studies showing wood smoke and other environmental smoke can be hazardous. He reviewed a City ordinance that requires the Fire Department to take action when they receive a related complaint, noting that burning garbage is an illegal activity. He requested that City staff review the specific situation referenced by Councilmember Kleven. Councilmember Myszkowski agreed, referencing documentation from many agencies regarding the environmental risks of burning clean wood. She added the Council should review this issue more closely with a focus on scientific evidence. Mr. Boganey agreed to provide documentation to the Council regarding the City's interaction with the specific property owner referenced by Councilmember Kleven. The Council asked staff to refer this information to the Police Department and Fire Department for review and inspection and asked staff to conduct due diligence on its ordinances relating to this issue. Single Hauler Trash Contract Councilmember Lawrence-Anderson stated she received an email from a resident requesting that the Council review the possibility of moving to single hauler trash collection for the entire City. She added the resident indicated that the Minnesota Pollution Control Agency could make a presentation at a future Council meeting. Mayor Willson stated he is not in favor of single hauler trash collection as the majority of citizens have indicated that they do not support it, but it can be reviewed if supported by a majority of the Council. 10/14/13 -2- DRAFT Councilmember Kleven stated there are many concerns related to this issue, including pollution, heavy trucks, and damage to roads. Councilmember Ryan stated at a Metro Cities meeting, a presentation was made relating to Maplewood's use of a single hauler contractor. He agreed that some claim there are advantages; however, in Brooklyn Center the majority of residents who were surveyed opposed changing from an open market system. Mr. Boganey stated there was a recent amendment to State Law to make it easier for the City to implement a single hauler contractor. It was the consensus of the City Council to revisit the topic of having a single hauler garbage contractor and asked staff to invite the PCA to make a presentation at a future Work Session. Addition to Regular Council Agenda The Council agreed with the suggestion of Mayor Willson to add the following to the agenda, as presented by Councilmember Kleven: 7c. Resolution No. 2013-123 Declaring October 9, 2013, as International Walk to School Day Visit to Sister City Voinjama, Liberia Mr. Boganey asked whether Mayor Willson and Councilmember Myszkowski had received communication regarding potential dates for their upcoming trip to Voinjama, Brooklyn Center's Sister City in Liberia. Mayor Willson confirmed that possible dates had been communicated to them. The Council asked staff to make those dates known and that it will be self financed without use of public funds. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS STRATEGIC PLAN ANNUAL REPORT FOR YEAR ENDING 2012 Mr. Boganey presented the Strategic Plan Annual Report for year ending 2012 and achievement results. He noted even at the time the targets were adopted, it was recognized that the targets pushed the envelope with "stretch goals" and in some cases to the point of being unachievable but doing so would drive innovation, creativity, and effort to achieve the target. Mr. Boganey reported 27 targets were met, 33 were not met, and 25 targets were not able to determine the result or they are multiyear targets and in progress. Mr. Boganey stated the report indicates staff has worked diligently towards achieving those ends. He offered to answer questions and requested Council direction regarding next steps. The City Council discussed the report, indicating they see no negative aspect if a target is not hit because the goal is to see the issues are being worked on and there is a quantifiable resource. 10/14/13 -3- DRAFT Councilmember Ryan stated excellent progress has been achieved by City staff, as noted on page 39 of the staff report, which identified ongoing goals in 2012: 86% of residents surveyed provided a favorable rating for City staff as compared to 55% in 2008, and 91% of residents surveyed said City services were easy to obtain compared with 80% in 2008. He commended City staff and urged them to keep up the good work. Councilmember Myszkowski agreed, adding she initially thought the goals were overly ambitious and expressed the importance of making such a document available for public viewing. She thanked City staff for their efforts. Councilmember Kleven stated her agreement. Mayor Willson added his thanks to City staff, stating the excellent work environment and positive attitude exhibited by City staff is recognized by the Council and the general community. Mr. Boganey thanked the Council for their comments, adding they deserve considerable credit for the positive morale and initiative of City staff. Councilmember Ryan stated, as a final comment, that positive collaboration between the Council and City staff has resulted in positive, proactive results. ADJOURN STUDY/WORK SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to close the Study/Work Session at 6:44 p.m. Motion passed unanimously. RECONVENE STUDY/WORK SESSION Councilmember Kleven moved and Councilmember Ryan seconded to reconvene the Study/Work Session at 6:50 p.m. Motion passed unanimously. STRATEGIC PLAN ANNUAL REPORT FOR YEAR ENDING 2012 — CONTINUED The City Council agreed staff has done well in compiling the data and is on the right track. ADJOURNMENT Councilmember Myszkowski moved and Councilmember Ryan seconded to close the Study/Work Session at 6:51 p.m. Motion passed unanimously. 10/14/13 -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 OCTOBER 14, 2013 CITY HALL — COUNCIL CHAMBERS 1.INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim Willson at 6:45 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, and Carla Wirth and Mary Mullen of TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Ray Christensen, 6803 Toledo Avenue N., stated he attended the Council's July 22, 2013, meeting to express his concerns regarding the Maranatha project. He stated to date he had not received a written response and while Director of Business and Development Eitel was prompt in calling him, his explanation was not complete. He stated he remains concerned with the height of the building, which was to be three stories tall but is actually almost four stories tall and resulting shadow onto his property. Mr. Christensen referenced a recent newspaper article that mentions Phase II, including a 38-unit senior independent living facility, that would be similar in height. Councilmember Lawrence-Anderson moved and Councilmember Myszkowski seconded to close the Informal Open Forum at 6:50 p.m. Motion passed unanimously. 2.INVOCATION Reverend Sung-Joo Park, Korean Presbyterian Church of Minnesota, offered the Invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING 10/14/13 -1- DRAFT The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:00 p.m. 4.ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Interim Finance Director Greg Andrews, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Carla Wirth and Mary Mullen, 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 Ryan seconded to approve the Agenda and Consent Agenda, as amended, to add 7.c. Resolution Declaring International Walk to School Day, and the following consent items were approved: 6a. 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 6b. LICENSES MECHANICAL All Appliance Installation Plus Barnes Plumbing Company, Inc. Dave's Heating and Air Conditioning Edina Heating and Cooling, Inc. G-HVAC Heatpro Heating and Air Conditioning North Suburban Heating & Air Conditioning Oxygen Service Company United Heating & Air Conditioning, Inc. RENTAL INITIAL (TYPE — one-year license) 1007 65 th Avenue N. 7212 Humboldt Avenue N. 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 John Deering Natan Zadik — Invitation Homes 10/14/13 -2- DRAFT INITIAL (TYPE II— two-year license) 3013 65 th Avenue N. 5927 Aldrich Avenue N. 5321 Colfax Avenue N. 5214 Great View Avenue 5500 James Avenue N. 5300 Logan Avenue N. 7224 Newton Avenue N. 5313 Penn Avenue N. RENEWAL (TYPE III— one-year license) 4101 61 st Avenue N. 4306 66 th Avenue N. 5956 Beard Avenue N. 5031 Drew Avenue N. 6813 Humboldt Avenue N. B301 5338 Irving Avenue N. 5350 Logan Avenue N. RENEWAL (TYPE II— two-year license) 3713 53' Place N. 3301 62" Avenue N. 3609 66 th Avenue N. 6430 Dupont Avenue N. 5510 France Avenue N. 5225 Howe Lane 6807 Humboldt Avenue N. C304 6819 Humboldt Avenue N. A301 5659 Knox Avenue N. 6406 Noble Avenue N. 3216 Poe Road 7189 Unity Avenue N. 5949 York Avenue N. 4937 Zenith Avenue N. RENEWAL (TYPE I— three-year license) 3224 67 th Avenue N. 1325 68 th Lane N. 5350 71 st Circle 5243 Ewing Avenue N. 6807 Humboldt Avenue N. C103 6807 Humboldt Avenue N. C302 6813 Humboldt Avenue N. B202 6936 Unity Avenue N. Ernest Strempke Yue Liu Teodoro Llereha-Cooke Joel Salazar Sarah Vogt Benjamin Anthony Rhonda Braziel Brian Hamilton Long Xiong Sarah Vogt Ann Cook Missing CFHC and CPTED Followup Adrian Jimenez New Concepts Management TMC Management Corporation Manoj Moorj ani Nazir Moghul Huong Trang Bradley McKnight Patricia Leners Kin Chew Michael Williamson New Concepts Management New Concepts Management Rory Mysliwiec Jeremy Dummer Matt Just McClure Properties LLC Orrin Hager James Maciazka Haymant Dasrath Konrad Wagner Ali S aj ad/786/Homes LLC Gary Scherber New Concepts Management New Concepts Management New Concepts Management Paul Johnson 10/14/13 -3- DRAFT 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a.RESOLUTION NO. 2013-121 EXPRESSING RECOGNITION AND APPRECIATION OF ROGER PETERSON FOR HIS DEDICATED PUBLIC SERVICE ON THE PARK AND RECREATION COMMISSION Mayor Willson read in full a Resolution expressing recognition and appreciation of Roger Peterson for his dedicated service on the Park and Recreation Commission. He expressed the Council's gratitude for Mr. Peterson's leadership throughout the years. Councilmember Kleven moved and Councilmember Lawrence-Anderson seconded to approve RESOLUTION NO. 2013-121, Expressing Recognition and Appreciation of Roger Peterson for his Dedicated Service to the City on the Park and Recreation Commission. Councilmember Lawrence-Anderson, as liaison to the Park and Recreation Commission, stated Mr. Peterson will be sorely missed. Motion passed unanimously. 7b.RESOLUTION NO. 2013-122 RECOGNIZING RESIDENT VOLUNTEERS WHO PARTICIPATED IN THE CITY OF BROOKLYN CENTER'S 2013 LANDSCAPE AND GARDEN SPOTLIGHT Mayor Willson read in full a Resolution recognizing resident volunteers who participated in the City of Brooklyn Center's 2013 Landscape and Garden Spotlight. City staff presented a slide show presentation depicting the gardens of: Clement and Mary Goneau of 1607 Woodbine Lane; Willis and Betty Dahn of 5733 Knox Avenue N.; and Heidi Winters of 2107 71 st Avenue N. Councilmember Myszkowski moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2013-122 Recognizing Resident Volunteers who Participated in the City of Brooklyn Center's 2013 Landscape and Garden Spotlight. Motion passed unanimously. 7c. RESOLUTION NO. 2013-123 DECLARING OCTOBER 9, 2013, AS INTERNATIONAL WALK TO SCHOOL DAY Mayor Willson read in full a Proclamation recognizing International Walk to School Day on October 9, 2013. Councilmember Ryan moved and Councilmember Myszkowski seconded to approve RESOLUTION NO. 2013-123 Declaring October 9, 2013, as International Walk to School Day. Motion passed unanimously. 8. PUBLIC HEARINGS 10/14/13 -4- DRAFT - None. 9. PLANNING COMMISSION ITEMS 9a. PLANNING COMMISSION APPLICATION NO. 2013-018 SUBMITTED BY GATLIN DEVELOPMENT COMPANY. REQUEST FOR A PLANNED UNIT DEVELOPMENT (NO. 4) TO THE 2011 SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT Planning and Zoning Specialist Tim Benetti provided an overview of Planning Commission Application No. 2013-018 request by Gatlin Development Company for a Planned Unit Development (PUD) Amendment No. 4 to the 2011 Shingle Creek Crossing. The Planning Commission recommended approval of the application at its September 26, 2013 meeting. Mr. Benetti reviewed the amended PUD including adjustments to Building Pads A and B with components including increased building depth and location of trash containers. He noted it is staff's recommendation that this application be adopted with conditions noted. Mr. Benetti stated the developer's goal is to begin demolition in 2013 under a separate permit. He confirmed the developer is utilizing a recycling program. With regard to the close location of the Food Court to the Applebee's Restaurant and LA Fitness, Mr. Benetti stated staff will work with the applicant to assure access is maintained and safety is addressed. In addition, engineering and planning staff will address the truck delivery route and loading area to assure it is adequate and will not impact customer parking or pedestrian spaces. Mr. Benetti stated the burden of designing loading spaces is with the engineering staff during the site plan process and will be designed to accommodate the City's largest fire truck as well as semi-truck traffic. At this point, it is conceptual and those details will be addressed during site plan review. 1. RESOLUTION NO. 2013-124 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 Councilmember Kleven moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2013-124 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. Motion passed unanimously. 10/14/13 -5- DRAFT 9b. PLANNING COMMISSION APPLICATION 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 2ND ADDITION (1090 SHINGLE CREEK CROSSING) Planning and Zoning Specialist Tim Benetti provided an overview of Planning Commission Application No. 2013-019, request by Loren Van Der Slik on behalf of Gatlin Development Company for Site and Building Plan approval for proposed Building D located on Lot 1, Block 1, Shingle Creek Crossing 2 nd Addition, 1090 Shingle Creek Crossing. The Planning Commission recommended approval of the application at its September 26, 2013, meeting. 1. RESOLUTION NO. 2013-125 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) Councilmember Myszkowski moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2013-125 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'd Addition (1090 Shingle Creek Crossing). Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 1510 69 th AVENUE NORTH Assistant City Manager/Director of Building and Community Standards Vickie Schleuning advised that the owner of 1510 69 th Avenue North is applying for a new rental license. This property was inspected and 27 property code violations (6.75/unit) were cited and ultimately corrected. This property qualifies for a Type IV six-month provisional rental license based on the number of property code violations found during the initial rental license inspection. The property owner is also required to submit a mitigation plan and report monthly on the progress of that plan. Ms. Schleuning reviewed actions taken in regard to this rental license application and indicated Staff has reviewed that mitigation plan and held discussion with the property owner and recommends approval based on meeting standards in the mitigation plan and all applicable ordinances. She noted the owners were present and wished to address the Council. Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to open the hearing. 10/14/13 -6- DRAFT Motion passed unanimously. David Itman, co-owner of 1510 69 th Avenue N. with Ryan Whisenant, assured the City Council that they have addressed all the issues that had arisen from recent inspections. Ryan Whisenant, co-owner of 1510 69 t1i Avenue N. with David Itman, stated they have a caretaker on site who is a tenant of the property. Mr. Boganey asked for comment on the initial difficulty of having someone at the rental property when City inspections were scheduled. Mr Itman stated messages were not received by staff before the scheduled inspection, and he apologized for the inconvenience. The City Council thanked the owners for attending the meeting and encouraged them to get beyond a Type IV license. Councilmember Ryan moved and Councilmember Myszkowski seconded to close the hearing. Motion passed unanimously. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 1510 69 th Avenue North, with the requirement that the mitigation plan and all applicable ordinances must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. 10b.CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 5713 HUMBOLDT AVENUE NORTH Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on this rental license. Seeing no one coming forward, Mayor Willson called for a motion. Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 5713 Humboldt Avenue North, with the requirement that the mitigation plan and all applicable ordinances must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. 10c.CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 6807 HUMBOLDT AVENUE NORTH, C301 Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on this rental license. Seeing no one coming forward, Mayor Willson called for a 10/14/13 -7- DRAFT motion. Ms. Schleuning stated New Concepts Management owns all but one unit and are attempting to purchase that unit. Currently, the units are condominiums but the property owners are considering whether to convert the condominiums into apartments. Councilmember Lawrence-Anderson moved and Councilmember Ryan seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 6807 Humboldt Avenue North, C301, with the requirement that the mitigation plan and all applicable ordinances must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. 10d.CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 6813 HUMBOLDT AVENUE NORTH, B302 Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on this rental license. Seeing no one coming forward, Mayor Willson called for a motion. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 6813 Humboldt Avenue North, B302, with the requirement that the mitigation plan and all applicable ordinances must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. 10e.CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 7200-7224 CAMDEN AVENUE NORTH, EVERGREEN PARK MANOR Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on this rental license. Seeing no one coming forward, Mayor Willson called for a motion. The City Council noted it had considered a Type IV, six-month license, for this rental property six months ago and expressed disappointment that it again remained at a Type IV status. The City Council indicated strong confidence in staff's recommendation, noting the City has additional enforcement tools when a rental license is in effect. 1. RESOLUTION NO. 2013-126 APPROVING A TYPE IV RENTAL LICENSE FOR 7200-7224 CAMDEN AVENUE NORTH, EVERGREEN PARK MANOR Councilmember Ryan moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2013-126 Approving a Type IV Rental License for 7200-7224 Camden Avenue North, Evergreen Park Manor. 10/14/13 -8- DRAFT Motion passed unanimously. 11. COUNCIL REPORT Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: •September 28, 2013, West Fire Station Open House •September 29, 2013, Lions Pancake Breakfast •October 7, 2013, City Council Joint Budget Work Session with Financial Commission •October 13, 2013, Liberian Business Association Meeting •October 24, 2013, Land Use Rules Meeting with Representatives of MN-DNR and League of Minnesota Cities •October 24, 2013, LA Fitness Open House, 10am-6pm, Grand Opening at 12:00 p.m. Councilmember Kleven reported on her attendance at the following and provided information on the following upcoming events: •September 24, 2013, Multi-Cultural Advisory Committee's Child Safety Awareness meeting at Police Department •September 26, 2013, Brooklyn Center Business Association Luncheon •September 26, 2013, Planning Commission Meeting •September 28, 2013, West Fire Station Open House •September 29, 2013, Lions Pancake Breakfast •September 29, 2013, Multi-Cultural Advisory Committee's Recognition Ceremony for Bruce and Donna Hobbs •October 2, 2013, Brooklyn Bridge Alliance for Youth Open House •October 5, 2013, Riverwood Neighborhood "Adopt a River Day" Clean-up •October 7, 2013, City Council Joint Budget Work Session with Financial Commission •October 8, 2013, Brooklyn Center Women's Club Luncheon •October 9, 2013, International Walk to School Day at Evergreen School •Restaurant Depot will be opening on December 4, 2013, in the former Best Buy location Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: •September 24, 2013, Multi-Cultural Advisory Committee's Child Safety Awareness Meeting •September 28, 2013, West Fire Station Open House •September 29, 2013, Lions Pancake Breakfast •October 2, 2013, Brooklyn Bridge Alliance for Youth Open House •October 7, 2013, City Council Joint Budget Work Session with Financial Commission •Congratulations to Garden City Elementary School for achieving the Celebration Eligible Designation under the Minnesota Department of Education's Multiple Measurements Rating Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: •September 24, 2013, Multi-Cultural Advisory Committee's Child Safety Awareness Meeting 10/14/13 -9- DRAFT •September 28, 2013, West Fire Station Open House •October 5-6, 2013, Police Department's Cops on Top benefiting Special Olympics •October 6, 2013, Crime Prevention booth at Cub Foods •October 7, 2013, City Council Joint Budget Work Session with Financial Commission •October 7, 2013, Brooklyn Center Business Association Executive Board Meeting - in November, she will announce a $500 contribution to the City's youth •October 13, 2013, Brooklyn Center Housing Commission's New Neighbor Welcome Bag Delivery •October 26, 2013, LA Fitness Open House, 10am-6pm, Grand Opening at Noon •Thanked the City's dedicated Police and Fire Department staff for their services during opening events for new businesses Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: •September 13, 2013, Special Council Budget Meeting •September 17, 2013, Recording Session: Mayor's Minute at Cable Channel 12 •September 17, 2013, spoke to students at Brown College, participated in signing of mock Constitution •September 23-29, 2013, out of town and unable to attend September 23 City Council Meeting •September 30, 2013, Brooklyns Meeting •October 1, 2013, Dangerous Dog Hearing o October 7, 2013, City Council Joint Budget Work Session with Financial Commission •October 13, 2013, Riverwood Fall Festival •October 13, 2013, Liberian Business Association Meeting 12. ADJOURNMENT Councilmember Myszkowski moved and Councilmember Ryan seconded adjournment of the City Council meeting at 8:05 p.m. Motion passed unanimously. 10/14/13 -10- DRAFT City Council Agenda Item No. 6b COUNCIL ITEM MEMORANDUM DATE: October 22, 2013 TO: Curt Boganey, City Manager FROM: Maria Rosenbaum, Deputy City Clerk11(-- SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses at its October 28, 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 Systems Mechanical LLC Albers Mechanical MacDonald Heating and A/C Nassef Mechanical Contractors Woody's Heating & Air RENTAL See attached report. 2282 Terminal Road, Roseville 200 W Plato Boulevard, St. Paul 11848 305 th Avenue, Princeton 122 S Wabasha Street, St. Paul 300 Bates Avenue, St. Paul SIGN HANGER Rose City Sign Co. 31208 County Road 71, Eagle Bend 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 II — 2 Year 1 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1 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 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 5 or more units Greater than 0.35 but not more than 0 50 Decrease 2 Categories 1-2 Greater than 3 4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. 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Z -00.)y) a)_a FE -aCco a).0 2aJCd, 8 in f 0U s-c0Ow4, >-CU ,--1.0 ItCa.t_J •alCL Ct.co >••4, )-0C asco cl)Cd) >-a) Nv)C IIa) =U:-1 a)O. co >I--alC O. 4->4 a)C L_ Lc)O co cCI CUcr, >. .0(V 0 rc")C cna) li Du- 0=1 a) '5O. alI.-M13 >.-•I- 0. a) coCa) 0cc -a _U-a CL)C/)C o4-,.4- t.n 0a) tn C..2 COC F 0.) . F.) § Lr) c0 .18 OJri, toU- 0. c>4 a)o I- u co a)(..) v)C ct3 II a) LO I-) CU-:::_l =A.0 * *** * City Council Agenda Item No. 6c COUNCIL ITEM MEMORANDUM DATE: October 10, 2013 TO: Curt Boganey, City Manager FROM: Kelli Wick, Human Resources Director SUBJECT: RESOLUTION SETTING 2014 EMPLOYER BENEFITS CONTRIBUTION FOR FULL-TIME NON-UNION EMPLOYEES Recommendation: It is recommended that the City Council consider adoption of the attached resolution setting the 2014 employer benefits contribution for full-time non-union employees. Background: The City provides a cafeteria benefit plan which allows employees to purchase not only their medical insurance but other insurances provided by the City including dental, supplemental and dependent life, and long and short term disability. The City participates in the LOGIS health care consortium. The consortium allows member cities to pool together their purchasing power for health and life insurance. Our current health insurance provider is Blue Cross Blue Shield. Annually the City receives the premium increase for health insurance coverage from the LOGIS group. For 2014 the group received a 13.3%. For 2014 the single health insurance premiums range from $456 to $729. Family premiums range from $1,187 to $1,895. Employees who participate in high deductible health plans tend to be better health care consumers as they are responsible for out of pocket expenses (preventative visits are always covered at 100 %.) We are continuing efforts to encourage better consumerism hoping the results will continue to affect and lower our claims experience, which in turn will affect our rates. In order to continue efforts in achieving the goal we are proposing a $58 per month increase to the benefit contribution and a $5 increase to the incentive for those employees electing to participate in a high deductible health plan. It is recommended that the City Council consider adoption of the attached resolution setting the 2014 employer benefits contribution for full-time non-union employees. The total recommended employer benefits contribution for 2014 is $852 per month (2013 was $794.) Those electing a high deductible health plan will receive a $150 per month incentive (2013 was $145.) Budget Issues: The total increase of $58 per month to the cafeteria benefit plan would result in a maximum increase of $58,464. Sufficient funds are available in the general fund of the proposed 2014 budget. Council Goals: 1. We will provide streamlined, cost effective, quality services with limited resources 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 SETTING 2014 EMPLOYER BENEFITS CONTRIBUTION FOR FULL-TIME NON-UNION EMPLOYEES WHEREAS, the City Council annually reviews the benefit contribution that is used to provide insurance benefit assistance to City employees; and WHEREAS, the City has reviewed its contribution to assist in the payment of health insurance premiums and determined that an increase in the City's contribution for 2014 is warranted; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City's contribution for regular, full-time non-union City employees for the calendar year 2014 shall be set at $852.00 per month including the cost of $10,000 in life insurance coverage. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that an incentive of $150 per month shall be provided to all regular, full-time non-union City employees electing to participate in a high deductible health plan. 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. 6d COUNCIL ITEM MEMORANDUM DATE: October 22, 2013 TO: Curt Boganey, City Manager FROM: Kevin Benner, Chief of Police 'k) SUBJECT: Contract of Staff Services for Project Peace Recommendation: It iS recommended that the City Council consider approving the contract services of Cornerstone domestic abuse advocacy through the Project Peace collaborative. Background: On March 11, 1996, the cities of Brooklyn Center, Maple Grove, and Robbinsdale entered into a Joint Powers Agreement to form the Project Peace Joint Powers organization. The purpose of the organization was to collaboratively serve the interest of our citizens and establish a program that would assist and counsel victims of domestic abuse. On November 13, 2006, the City of Crystal joined the organization. The Board of Directors is comprised of the Chief of Police from each of the four cities. It is the role of the Board to be the governing body. Since the formation of the organization, the Board has been responsible for the hiring of staff to serve as domestic abuse advocates. The current budget for this organization allows for 2.5 FTE (Full Time Equivalent) of staff. In the fall of 2012, the Executive Director of Cornerstone Advocacy Service and their staff asked to meet with the Project Peace Board .to discuss, considering their domestic abuse service. The Board conducted a site visit to their Bloomington (southern metro) shelter and reviewed the many services that they currently provide to the victims of domestic violence. In 2013, Cornerstone was able to secure office space at the Northwest Suburban Regional Hub of Hennepin County, which is located at 7051 BrOoklyn Boulevard, and currently services the City of Brooklyn Park for domestic abuse advocacy from that location. Cornerstone has provided services to victims of domestic violence since 1983, and currently also serves the cities of Bloomington, Edina, Eden Prairie, St. Louis Park, and Richfield. The Project Peace Board conducted several additional site visits and meetings with regional domestic abuse programs in 2013. It was unanimously agreed upon by the Board that the services offered by Cornerstone would clearly exceed the services provided by Project Peace. An offer from Cornerstone to provide the advocacy services of seven FTE staff for the four Project Peace cities, along with Brooklyn Park, would cost the same for those that are members of Project Peace in 2013. This cost would remain the same for 2014 and 2015. Another notable advantage to considering Cornerstone's service is the fact that they have over 30 staff members, which can be drawn from in the event of an unexpected leave of one or more staff members. This has always been a concern with the 2.5 FTE Project Peace staff. Mission: Ensuring an attractive, clean, sofe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Cornerstone has also agreed to offer employment to the Project Peace staff in their same advocacy position. The Project Peace staff has been openly involved in this Cornerstone discussion from the start. It is recognized by all parties that the contracting of services with Cornerstone will also provide a stronger collaborative position in applications for domestic violence grant opportunities. It is intentional that the Board is not recommending dissolving Project Peace, but rather looking at this contracting avenue for a review period of two years. The Board of Project Peace will still meet quarterly. If approved, Chief Benner has been nominated to represent Project Peace on the Cornerstone Board of Directors. Budget Issues: There are no budget issues to consider. The cost of the contracted services for 2014 and 2015 will remain the same at $63,659.13 per year (this is the same cost as 2013). Strategic Priorities: • Financial Stability Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quail)), of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING CONTRACT BETWEEN CORNERSTONE ADVOCACY SERVICE AND PROJECT PEACE WHEREAS, the City of Brooklyn Center is a member of Project Peace, a joint powers organization created pursuant to Minnesota Statutes, section 471.59, by the cities of Brooklyn Center, Maple Grove, Crystal and Robbinsdale to establish and maintain a joint and cooperative program to assist and counsel victims of domestic abuse; and WHEREAS, the joint powers agreement creating Project Peace authorizes the Project Peace Board of Directors to contract for professional services, provided such contracts are approved by the city councils of all members of Project Peace; and WHEREAS, the Project Peace Board of Directors has proposed and recommended a contract with Cornerstone Advocacy Service, a Minnesota non-profit corporation ("Cornerstone"), under which Cornerstone will provide services to victims of domestic abuse; and WHEREAS, the Council has determined that authorizing Project Peace to enter into such contract is in the best interests of the public. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1.The contract between Project Peace and Cornerstone entitled AGREEMENT BETWEEN PROJECT PEACE AND CORNERSTONE ADVOCACY SERVICES is approved in accordance with Article VI, Section 2.c of the Project Peace Joint Powers Agreement. 2.The clerk is authorized and directed to provide a certified copy of this resolution to the secretary/treasurer of the Project Peace Board of Directors. October 28, 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. 6e COUNCIL ITEM MEMORANDUM DATE: October 23, 2013 TO: City Council FROM: Curt Boganey, City Ma SUBJECT: Council Meeting Calendar A endment Recommendation: It is recommended that the City Council consider amending the 2013 City Council Meeting Calendar to reschedule the November 4, 2013, Budget Work Session with Financial Commission to November 18, 2013. Budget Issues: There are no budget issues to consider. Council Goals: 1.We will provide streamlined, cost effective, quality services with limited resources 2.We will ensure the financial stability of the City Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al people and preserves the public trust City Council Agenda Item No. 7a COUNCIL ITEM MEMORANDUM DATE: October 22, 2013 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Proclamation Declaring October 28, 2013, to be Designated as Random Acts of Kindness Day Recommendation: It is recommended that the City Council consider adoption of a Proclamation Declaring October 28, 2013, to be Designated as Random Acts of Kindness Day. Background: The City of Brooklyn Center has celebrated Random Acts of Kindness since 1997. Each year the nominees are recognized by the City Council at its second meeting in October. The attached proclamation encourages residents to celebrate Random Acts of Kindness. Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust PROCLAMATION DECLARING OCTOBER 28, 2013, TO BE DESIGNATED AS RANDOM ACTS OF KINDNESS DAY WHEREAS, Random Acts of Kindness are the expression of our empathy and compassion for one another,. and WHEREAS, the daily acts of kindness of most of the citizens of Brooklyn Center often go unrecognized,. and WHEREAS, by recognizing these daily acts of kindness, all citizens of Brooklyn Center will become more aware of the importance of being kind to others throughout the year,. and WHEREAS, the City of Brooklyn Center celebrated the first Random Acts of Kindness in 1997, and is celebrating its 17th Annual Random Acts of Kindness by encouraging schools, employees, and community groups to participate in Random Acts of Kindness. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim October 28, 2013, to be Random Acts of Kindness Day and urge all residents of the City of Brooklyn Center to join in celebrating and performing Random Acts of Kindness. October 28, 2013 Date Mayor Council Members ATTEST.. City Clerk City Council Agenda Item No. 7b COUNC1_, EM YE\ _ORANDUIV DATE: October 22, 2013 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk Onimot 44(14-13\(- SUBJECT: Random Acts of Kindness Presentation of Recognition and Certificate Ceremony Recommendation: It is recommended that the City Council Members alternately read nominations received for Random Acts of Kindness while Mayor Willson presents the recognition certificate to the nominee. Background: Since 1997 the City of Brooklyn Center has celebrated Random Acts of Kindness during the month of October. An article seeking nominations was printed in the fall 2013 edition of the resident newsletter City Watch, as well as in the Brooklyn Center Sun-Post. Random Acts of Kindness nomination forms were made available at the customer service counters at the Community Center and City Hall, and a letter was sent out to community organizations. Information about Random Acts of Kindness and a nomination form were available on the City's web site. Attached are copies of the 19 nominations received this year. A letter was sent to the nominees who were identified (and carbon copied to the nominator) inviting them to participate in the Random Acts of Kindness recognition at the City Council meeting to be held October 28, 2013, at 7 p.m. A copy of the letter sent on behalf of the City Council is attached. Those persons attending the recognition will receive their certificates at the meeting. The certificates will be mailed to those nominees who are unable to attend the meeting. Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public tarsi COUNCIL ITEM MEMORANDUM Nominee Nominated by Jerry Evans Lin Myszkowski Joe Ericksen Brooklyn Center Lioness Club Amanda Shemon and the students from North View Junior Michelle Branham Michael Nendza Cyndy Lee Ray Wagner Ruth McAlindon Lois Dumonceaux Ruth McAlindon Steve Thoennes Ruth McAlindon Joan Thoennes Ruth McAlindon Paulette Houglum Lutheran Church of the Master Linda Hanka Diane Sannes Brett Ellard Janelle Meyers Sandy McCormick Janelle Meyers Ruth Tate Gay Varecka Diane Sannes Linda Hanka Jeffrey and DeLanna Delzer Linda Hanka Kim Read Diane Sannes Travis Bonovsky and Paul Fusco Diane Sannes Linda Hanka Diane Sannes Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust \\-A 7, A hi r A • • 0A, ;ft 4b tti) fi N/r•Vr CITY OFMCDCDEMWR gNRE,V) A GREAT PLACE TO START, A GREAT PLACE TO STAY www.cityabrooklyncentetorg October 2, 2013 Nominee's Name Nominee's Address Dear Nominee: Since 1997 the City of Brooklyn Center has celebrated Random Acts of Kindness. Again this year the City Council has received nominations to recognize Brooklyn Center residents and groups who have performed random acts of kindness that help make our community a wonderful place to live and work. Congratulations! You have been nominated for Random Acts of Kindness and will be recognized by the Mayor and Council Members during their City Council meeting on Monday, October 28, 2013. The City Council meeting starts at 7 p.m. and is held at Brooklyn Center City Hall in the Council Chambers, 6301 Shingle Creek Parkway, Brooklyn Center. Your presence would be greatly appreciated. Enclosed is a copy of the nomination. If you have any questions, please contact City Clerk Sharon Knutson at 763-569-3306. Sincerely, Tim Willson, Mayor Carol Kleven, Council Member Kris Lawrence-Anderson, Council Member Lin Myszkowski, Council Member Dan Ryan, Council Member Enclosure cc: Nominator (w/o enclosure) City Hall 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 763569.3300. Fax: 763.569.3494 Community Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 763.569.3400 Fax: 763.569.3434 Police & Fire Departments 6645 Humboldt Avenue North Brooklyn Center, MN 55430-1853 763.569.3333. Fax: 763.561.0717 City of Brooklyn Center Random Acts of Kindness Nomination Form A Nominator may nominate up to four (4) Nominees. Nominator Name: Street Address: City, State, Zip Code: Email: Telephone: Nominee Individual OR Or anization or Group Individual's Name:Name of Organization or Group: Street Address:Street Address: City, State, Zip Code:City, State, Zip Code: Email:Email: Telephone:Telephone: Brief summary of kind act - a spontaneous, selfless act towards someone or something (use additional sheets if necessary or submit separate letter) Return Nomination Form BY SEPTEMBER 27, 2013, to: City of Brooklyn Center, Random Acts of Kindness, Office of the Mayor, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430. Random Acts of Kindness Since 1997, the City of Brooklyn Center has celebrated Random Acts of Kindness. In October' the Brooklyn Center City Council recognizes all Brooklyn Center residents and groups who have performed Random Acts of Kindness that help make our community a wonderful place to live and work. A Random Act of Kindness is a selfless act performed by an individual, organization, or group towards someone or something. A kind act is "random" when it is spontaneous and unexpected — done simply out of the will to extend goodness without expecting anything in return. Anyone may nominate someone who has performed a random act of kindness over the past year. You may send a card or letter, or drawings or photographs of people performing kind acts, or use the City's nomination form on the reverse side of this page. You may submit up to four nominations. All Random Acts of Kindness nominees are recognized by the City Council during an October meeting and presented a certificate. Join us in celebrating kindness in our community. Nominate an individual, organization, or group today! "No act of kindness, however small, is ever wasted" — Aesop What is a Random Act of Kindness? Most people try to fulfill obligations in life like doing their fair share of chores and supporting and comforting their families and friends — but these deeds are expected of us. When we make the extra effort of being kind when we aren't expected or required to and surprise someone, including ourselves — this is a Random Act of Kindness, a good deed that is truly the embodiment of compassion and caring. Examples of Random Acts of Kindness •Walk a neighbor's dog •Donate your time to perform lawn services for the elderly or disabled •Collect soda can tabs for recycling and give the proceeds to the Ronald McDonald house •Feed a stranger's expired parking meter •Donate to a food shelf or clothing shelter •Photograph someone being kind to another •Read to a child •Donate books to a daycare or school •Tutor a student •Be a Safety Patrol and help kids get to and from school safely •Pick up litter (Adopt-A-Street or Park) •Collect mittens or socks and give to those in need •Care for the sick •Volunteer in the community (schools, hospitals, churches, etc.) •Plant a tree •Visit someone in the hospital •Bake a hot dish for someone who just returned from the hospital •Pick up the mail for a senior citizen on your block each day •Adopt a homeless pet at the Animal Humane Society •Donate time at a senior center •Clean graffiti from neighborhood walls and buildings •Transport someone who can't drive Random Acts of Kindness Presentation of Recognition and Certificate Ceremony 1.City Council read nominations received for Random Acts of Kindness 2.Certificates issued to those nominees present The following form was submitted via your website: Random Acts of Kindness Online Nomination Foim Nominator Name:: Lin Myszkowski Address:: 3106 ()Henry Road —,CEIVED City:: Brooklyn Center SEP 2 7 2013 State: : MN Zip:: 55429-2223 Daytime Phone Number:: 763-566-6622 Email Address:: linmyszkowski@gmail.com NOMINEE Individual, Group, or Organization Being Nominated:: Jerry Evans Nominee Address:: 5049 Brooklyn Blvd City:: Brooklyn Center State:: MN Zip Code:: 55429-3402 Brief Summary of Kind Act (a spontaneous, selfless act towards someone or something):: Jerry Evans' family has owned the house at 5049 Brooklyn Blvd for decades. His 1920 Bungalow sits on a slight elevation that allows him to easily observe the comings and goings of his neighborhood. One day Jerry looked out his window and saw a woman with several children crossing Brooklyn Blvd in order to get to the bus stop that is located in front of his house. They safely crossed the busy street only to be confined to a narrow sidewalk where Jerry feared a rambunctious child could easily slip off of the curb and into on-coming traffic. Jerry knew he had to do something. At the suggestion of his son John, he built a bench, which he set on his property, to offer a safer alternative to standing on the sidewalk. This ongoing project, which started as one bench, has now become three benches backed by a boulder wall and new landscaping. Thanks to Jerry's kind and generous gift of his time, talent and treasures, those who catch the bus in front of his house have an attractive, safe place to sit while waiting for the bus. The following form was submitted via your website: Random Acts of Kindness Online Nomination Form Nominator Name: Brooklyn Center Lioness Club Address: P 0 Box 29892 City: Brooklyn Center State: MN Zip: 55430 Daytime Phone Number: 763-566-4347 Email Address: sbecker425@gmail.com RECEIVED SEP 2 7 2013 NOMINEE Individual, Group, or Organization Being Nominated: Joe Ericksen City of Brooklyn Center Recreation and Services Nominee Address: 6301 Shingle Creek Parkway City: Brooklyn Center State: MN Zip Code: 55430 Brief Summary of Kind Act (a spontaneous, selfless act towards someone or something):: During the many years the Brooklyn Center Lioness Club has manned the city trailer during the Dudley tournament, Joe has been so willing to go the extra mile to accommodate our wishes and needs. Since the Dudley is our biggest fund raiser we need this event to fulfill our motto of "We Serve" and our commitment to Brooklyn Center. Joe works very hard to make it successful and run smoothly. We depend on him!! Thanks for all you do for the Dudley and the City. Brooklyn Center Lioness Club The following form was submitted via your website: Random Acts of Kindness Online Nomination Form Nominator Name:: Michelle Branham Address:: 5415 69th ave no City:: Brooklyn Center State: : MN Zip:: 55429 Daytime Phone Number:: 763-569-4575 Email Address:: mbranham(preshomes.org RECEIVED SEP 26 2013 NOMINEE Individual, Group, or Organization Being Nominated:: Amanda Shemon and the students from North view Junior high Nominee Address:: Northview Jr. high 5865 69th ave no City:: Brooklyn Park State:: MN Zip Code:: 55429 Brief Summary of Kind Act (a spontaneous, selfless act towards someone or something):: The past 2 years here atMaranatha, we have had a group of students come to visit us from Northview junior high. THe students come weekly and engage in recreational activities with our residents. THe students chose Maranatha as a place to come to. Our residents are very impressed with the students and they have done many fun things together, such as, playing bingo, bowling, playing table games, doing craft projects. The students are always polite, and friendly. Our residents look forward to each visit. We are happy they have chosen Maranatha to spend their time. Nominator %0Ay v\-cx),(-0‘ C&oo,--A22 Q City, Sta, Zip Code: tilert(-)\<\ ,c34,5„1 Email: -CtAir ck.n.k vvuno, e Telephone: ueis Name: Street Addr s: FLEC EIVE) City of Brooklyn Center SEP 24 Z013 Random Acts of Kindness Nomination Form A Nominator may nominate up to four (4) Nominees. Nominee Individual OR Organization or Group Individual's Name: t 61 ck.e..\ N 6-Ihx:,_ Name of Organization or Group: Street Address:3 Q-\ 9 U \\-eim ,k \.)(_...c Street Address: City, St9te, Zip Code: b\---,le:...kvp,Q9-\<x , MN , --,C1-12-c1 City, State, Zip Code: Email:Email: Telephone:Telephone: Brief summary of kind act - a spontaneous, selfless act towards someone or something (use additional sheets if necessary or submit separate letter) ,,(, Ne. (:),--60,_ ,c-c.) cite c)C--f- Vi-\\: (\ b CA S Cy\ '1 CS CCOTV\ V1' \A \ i Ure % N\ , n (.: \--.3 v ,\, ., \,04:e \,,),-srk„. \N}L,6 atue -\\2 c60 ro\),(v_ei_ 'w\-)-- 6xy , -1; cy\Q_ -xA:t6 v,:-•(>-- )rus ,N„c..Q, V\A,--yn V2_ dj.1) K\.2_,,,,,z,, (\r,0- oy V_AA....Q.A.A.r -e_eA-c,i, 6--i\-Q.Ar, _j \\_Q aa :\,,,L)). N\A) dl_zcv CtA-4,1A_Q Va-e_k_. ,.!2,1__,2_ /IzNA-----e).. Return Nomination Form BY SEPTEMBER 27, 2013, to: City of Brooklyn Center, Random Acts of Kindness, Office of the Mayor, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430. GEIVED City of Brooklyn Center SEP 2 4 2013 Random Acts of Kindness Nomination Form A Nominator may nominate up to four (4) Nominees. Nominator Name: ull-L )))i 'ii cL>'. IL-Street Address: , /9. ,,-2 _.5 d, fr-/ / r ai ,i___ i.9-i / e._ City, State, Zip Code: I-Yrot 9 , 0 t, A (i-1',71 I. e.1"- ./.)-Al 6.1_6--- 5/f--2 2 Email:r 14 tilt- .5- 9 :2__!2`. g>e,i) i 1 / oz? ,/-- - - 1 26 t Telephone:Z 3 Nominee Individual OR Organization or Group Individual's Name: - ia-t a}-,- T eys- Name of Organization or Group: Street Addre . :r, 7-7-11 , 99J ft /i 'ra-/Street Address: City, Statp, Zip Code:City, State, Zip Code: Email: /-Email: Telephone:Telephone: Brief summary of kind act - a spontaneous, selfless act towards someone or something (use additional sheets if necessary or submit separate letter) /fa k1 i1- riwk- i 1 k3 (--)`'Ve if) '(--,/,,4--- e- A te-A 1 PI ',5; LI 4 ')-1' I Hite_{D -a_ct I'll -fro k -I* 0 illy A 1) a --; tl- ,-7 tfr Z--- ' dr, fr/c_-_-,?, j e . ,-.. ; i't ,-f t i , 1-2) eori,.--- /(21 !als 6 1,/ 49 ) tt 4 6_64 -e_ .) 1--e-, )1 6-1 /..) '0 ,-1 d e---1--a' 441 e"----. 1---) r ) 6-? _.5 Iii , ‘3 5s / in )1).6;4 ,- 1:{-2 i1:9 --5 )0 0-; Y1 II I ‘', -11, 6-1_,( la :K/15 l' Z3 7: d--YI d Return Nomination Form BY SEPTEMBER 27, 2013, to: City of Brooklyn Center, Random Acts of Kindness, Office of the Mayor, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430. (7,EIVED City of Brooklyn CenterSEP 2 .4 2013 Random Acts of Kindness Nomination Form A Nominator may nominate up to four (4) Nominees. Nominator Name: --) - an`-- M )i.4 do Street AddAddress -5: .9,-6- A64 1/ , 'r Pi City, State,State, Zip Code: i5r09 4/ 2 d -f-e//'-/V711 -6 - 1,2 1Email: 7 r bt -kl 5 9a ,. epiS_y1 Telephone: Nominee Individual OR Organization or Group Individual's Name: Li .__B a /14 D A.. e, (3- 3 -1-4.-- X Name of Organization or Group: Street AddressZ; Z .) 0 e-- a -1- -Is o )-- r / V -e_Street Address: City State, Zip Code:, re.i0 ,L/c/^- e.vv) }---.K iViiii, 9 City, State, Zip Code: Email: O'Email: Telephone:Telephone: Brief summary of kind act —a spontaneous, selfless act towards someone or something (use additional sheets if necessary or submit separate letter) 1 0 ., ye--4-..--s e_p K • .;/ 0 i/i 11-1_. tdp 11 e,i/ e,4,-/ .- 14, vvi 0-7 ,e4— _511 V.- _5 elte4--o- -I I' 6-- ) •--J---:_,-. Le9 ):s- 1/1 -a..s. C -0-I 1 e-- d- 14 -e- -23 )1 d ,'11 ai--e I ,5=e4ye.14,-- 0_1 z_D1-,_s 0 e-o r-i-t_ L 0 )'.-1)1 jm e_ , Return Nomination Form BY SEPTEMBER 27, 2013, to: City of Brooklyn Center, Random Acts of Kindness, Office of the Mayor, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430. CEI VEIL) AUG 2 9 2013 City of Brooklyn Center Random Acts of Kindness Nomination Form A Nominator may nominate up to four (4) Nominees. Nominator Name: j---i wilc i/) ci4 ) j ,y1 19,(._ Street Address:ral 1-?-44 eL,.. City, State, Zip Code: re) 0,0y,t- ee-r) j---e4-- /1)A/--6----6-Y==2 .7 Email: K,' r a v —6' 962_50e-0141d 2 57'; i 1 e.Y Telephone:7z' 3 Nominee In OR Organization or Group Individual's Name: _....1-e/Ve_. -7 P) 0 e- A ne___,_s Name of Organization or Group: Street Address: 4 i,P re_r_st) x__.),•I'Ve-Street Address: City, State, Zip Code: , .6y‘oD5L1 n_ (1...ero4e4-- IVA/,9' City, State, Zip Code: Email:Email: Telephone:7. 3 -S37-Telephone: Brief summary of kind act — a spontaneous, selfless act towards someone or something (use additional sheets if necessary or submit separate letter) . air 5)--ree41" .5 are_ _ b e4 .ky re,plae.,_d 14i ):5 •-e._21.44‹ 1 0 c )'.e. 0-4'1 J54---e_A)e- 145 p rol/ ; cled a, 0_,D o I e-4-- Pi) (:),r i' vl.,L.5 to 1 le,,( --t-h e. Le3 Dribe4---Ls" i.d e4-e., .13, 1 1,5 1/1011. e-- S-1---ei1 ha-5 --&-1 5 D54 P O 1 tz) i 4 2 .e_c)_ 14,-)' i d A - - Wc_ c. { 9 '2, 5'elk2f-a,,, 41 )41 e- 0 A -e-4,-- hoy 5noa)' -bk)M).e4'-' /A)a 5 )-' At I-22r 14-6- ki -aA- 3-1-s D )1k -e-yic- d Me_ ) JW`)-- -Hie_ il afri) y■ 14/0),t)er 1` 11 )-.6 -Pi e._ e...7?...4-- IdAe.,,,q (!--/- w o o Uri )-- 51---,94---t 4 4 ) ke.„71... ----r ye.)-1- )10 rii e_ 12.1--e,-- --111 a,--I - d 2„,/ ..--)--,,/, A ad /45e d A l '- mec)11),- 4-0 -1_,c71-. fy y_J-2_53-___ L 6.-lk re . _-_,r- S-1I Di-, I -, Return Nomination Form BY SEPTEMBER 27, 2013, to: City of Brooklyn Center, Random Acts of Kindness, Office of the Mayor, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430. C -TJEAVED AUG 29 2013 City of Brooklyn Center Random Acts of Kindness Nomination Form A Nominator may nominate up to four (4) Nominees. Nominator Name:731A+ Iv /6/ e4/,'n doi,\_ Street Address:_5 ' 9 c;?..5" Ali.rillr?-1 City, State,State, Zi Code:5529 Email:rti-tik_sg..6--eezikic:_a__54;ile-.-i-- Telephone: Nominee Individual OR Organization or Group Individual's Name: —7-71.0 e_. 7) ne, ,-; Name of Organization or Group: Street Address: -9-23 / 141C,74 )1 K8-1 L,-z1 e._,Street Address: City, State, Zip Code: yooic4,,f_ CAI- mi) _515429 City, State, Zip Code: Email: 0,Email: Telephone: 7o3--_57—,232 Telephone: Brief summary of kind act - a spontaneous, selfless act towards someone or something (use additional sheets if necessary or submit separate letter) 61- 9 “ r 5 4re...e---1-25 --arre_ b e_._,/ iz7.9 rei) Z?_, Aelt_ .---ne_- b1,7z7y-t.e."--- 41}e,K?___ 2-4--Pu4d d )11 e- .)---e-J10-era.,/-1,b,,e.. 1-)0----5 re-2-1/ ,b1.)----,f)1J. 5J, 6 e) ii /- 3._ 6.02)ki-- y_2/ /-7i_ /0_, z.-/-71- A r V-A e- u.)br-4-er_5_ -11 v A ac) e-pv()-7 1-7'd ; '-1-. h3 Hi e_ -e-44 al- 0 P "1"-A e-- d V_------I e)';,1_ A aJ 2.7 /5/.7 .5--)/1-.7e/-7i-- a-, /0/--e-__ e). A om,e)14-aJ, e-00 ties --6i/--0...--/ ci-2,5- • - Y i d VI) Id ---M c.. iiii/.5 4-n 5i1o47‘e- 1,1) i'llk_ a -e--i- on_ bdorik---/ii e)it CI a r re9._c_z/.. Return Nomination Form BY SEPTEMBER 27, 2013, to: City of Brooklyn Center, Random Acts of Kindness, Office of the Mayor, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430. RECEIVED SEP 1 9 2013 City of Brooklyn Center Random Acts of Kindness Nomination Form * A Nominator may nominate up to Jour (4) Nominees. Nominator Name: / a Z--A eieig/t) Cittkek of Zie filask .e... Street Address: 9)--414± ,4Ve--s . A) City, State, Zip Code: ,...k.,004/144-) CE-.4) - - - , e ) /nd L-5 3-X765 Email:z_ani e z_r_iiria,02_,/,t, it)6_ 7- Telephone:763- ,s--Z /-- Nominee IndividualIndividual OR Organization or Group Individual's Name: tA-k ZI---6. 14/6'45 rr) Name of Organization or Group: 6--Veac6 pi-A) A )&,e_s Street Address:Street Address: Z C-fn - //,,,,2.(0 - 6,-e-4 6€..A.) City, State, Zip Code:City, State, Zip Code: Email:Email: Telephone:Telephone: Brief summary of kind act - a spontaneous, selfless additional sheets if necessary or submit separate CA,)6ZL-Z- ./1-)d A , 4 ',e_ c3e_1120 i-f0.3 4D iCie. CA:, yr) fiict,,A);->of -'116-ey -arn ----C --- 1 7 "fil • .7-X., m a Ai,/ c/ , A y ye 011-cA//6,s /i4, Z-Xe CO /790 1/6., act towards someone or something (use letter) keit/Ze__=sZ---ryt o---F l/a AO /7?"— Co. d iec/I /-1-)-(21A-----s-c=47 4)11674 ipieoLyearn ii_s af;i--11 rn k /t) ) 4,)/ 0 Return Nomination Form BY SEPTEMBER 27, 2013, to: City of Brooklyn Center, Random Acts of Kindness, Office of the Mayor, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430. The following form was submitted via your website: Random Acts of Kindness Online Nomination Form Nominator Name:: diane sannes Address:: 7006 willow lane City:: brooklyn ctr State: : MN Zip:: 55430 Daytime Phone Number:: 763 560 8893 Email Address:: makendmeet@aol.com CF.IVED SEP 1 3 2013 NOMINEE Individual, Group, or Organization Being Nominated:: Paulette Houglum and the Grace Dinner Wednesday evening FREE meal Program at the Lutheran Church of the Master Nominee Address:: 1200 69th Ave N City:: Brooklyn Center State:: MN Zip Code:: 55430 Brief Summary of Kind Act (a spontaneous, selfless act towards someone or something):: What began this Spring as a simple act to offer a few neighbors an evening meal-- has grown into a once a week meal at LCM. Now each Wednesday becomes a gathering place in the community for Food and Fellowship--Where everyone is Welcome. Thank you Paulette and LCM for offering your kindness and service to your neighbors in Brk Ctr The following form was submitted via your website: Random Acts of Kindness Online Nomination Form Nominator Name:: Linda Hanka RECEIVED Address:: 1500 69th Ave. No. SEP 1 0 2013 City:: Brooklyn Center State: : MN Zip:: 55430 Daytime Phone Number:: 763-561-2481 Email Address:: lhanka@brookcntr.k12.mn.us NOMINEE Individual, Group, or Organization Being Nominated:: Paulette Houglum and Lutheran Church of the Master Nominee Address:: 1200 69th Ave N City:: Brooklyn Center State:: MN Zip Code:: 55430 Brief Summary of Kind Act (a spontaneous, selfless act towards someone or something):: Struck by the increased number of families in Brooklyn Center who are struggling with issues of unemployment and homelessness, Paulette Houglum led a willing group of volunteers from her church to do something about it! Every Wednesday evening, they open the church doors, and invite anyone who would like to come, in for a free meal. Paulette is the coordinator and the head cook, and they are serving about 160 people each Wed. evening. Not only have many in the community been blessed by this gift of food, but they also have enjoyed the camaraderie of the people from the church AND neighbors that they never have had a chance to get to know! CEIVED City of Brooklyn Center SEP 06 2.013 Random Acts of Kindness Nomination Form A Nominator may nominate up to jour (4) Nominees. Nominator Name: --`'`C ii fair) ,L.Jane II e Aeci-er c:). 106frnia '7i lock iStreet Address:) I I raw-) A rik City, tate, Zip Code:„ ,f,a12 -/ev- A fi 55 926 mail: \ 0 TOM- elle rYlett-ers ec amen . 0 r Telephone:7'63 ---33-04 2/......., Nominee Individual OR Organization or Group Individual's Name: —Oft -1'6- E//a d Name of Organization or Group: Street Address: (661 fade 61-otok•1)( vu 14 A *Street Address: qty, State, Zip Code: OD k I( rt, Ceater. tnri 5.5 LI 36 City, State, Zip Code: Email:mail: Telephone:6,5 I - „ZS- Oso Telephone: Brief summary of kind act — a spontaneous, selfless act towards someone or something (use additional sheets if necessary or submit separate letter)5 re a__ Mos riii._ A ; s 41 ry," .e., si- resoo r es Z 1,7a i-e, t' )) e (9 ate / NI 5 a ll'al7)1I_ ra/rie Zoc/3e espee/a// hgaa el'ial Po u<56--in-ir)3$e/. /1'11 '/----• 4 t 7---S'ei-2 4e-in (17 ea( -e4e /'t° S 0-1 /25 7611-4 -Is a 4 d 01-- ' ,4---e kJ' a- C poe ei -67 1 P,'' 4'd',/we ' Zo (7 // .6 6 As - e__ A./he e/2/,..a/----o/zik- al7)9M6 1 1 n / / . Return Nomination Form BY SEPTEMBER 27, 2013, to: City of Brooklyn Center, Random Acts of Kindness, Office of the Mayor, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430. C -MINTED Ci0 of Brooklyn Center SEP 0 6 2013 Random Acts of Kindness Nomination Form A Nominator may nominate up to jour (4) Nominees. Nominator Name: -- 0 Vielle /14(trer,5 ICletrie/-7 / laic Street AddrAss: ,&CO/ I air/ e tga/71 1-11/-C__7 StateOm, Zip Code: 11CI ti9 0 (e n -1 e r I )3 5 59go mail: ‘Janelle e S ii ,e/2 071— Telephone: -VA - r--) 3 3 ---06 0,....y Nominee Individual OR Organization or Group Individual's Name: S ctryl Me_ Coiroli C PC. Name of Organization or Group: Street Ad ess: ,(Qom rade °row\ Orilte, Street Address: city, State, Zip Code:©rook/L.0(v cer ) rnr) ó)3&City, State, Zip Code: Email:Email: Telephone:Telephone: Brief summary of kind act - a spontaneous, selfless act towards someone or something (use additional sheets if necessary or submit separate letter) , Sa rl d 1-\as spon-L- her 1 c .khis ._`Spri ni col d 5Luilrhfr- 1-er\c,1113' 10 -Eh, Oitt-cloor ja rot e 0 s cc&, CcuAnf r\ '--Pro,m--c Lo c,t9_e_ j) [kr ni9 h e 17 0SPe /1 5h -e rwei e Sur t --t ha(- 0 11 - 4. h-e p la n- LE bia-i- -e r p 0L a r pit .- ■r\-Lo -L he (5 hoCLQ_ Ojhoi_ Return Nomination Form BY SEPTEMBER 27, 2013, to: City of Brooklyn Center, Random Acts of Kindness, Office of the Mayor, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430. ,CEIVED JUL 18 2013 City of Brooklyn Center Random Acts of Kindness Nomination Form A Nominator may nominate up to four (4) Nominees. get.■1 VetrecKa- Nominator Name: (-4- Ar - 4. 1 •••• Ir. f ---1 is A, t vk Street Address: 66)0 1 e 1 ,i 0h le Creet: VeirKwety 914,1 -le 41)0. 3City, State, Zip Code: o Dr bOl<ILlie) eenie r Thrg 6-5,13b - 17 LI I Email: 1 Telephone: Nominee Individual OR Organization or Group•Individual's Name:Name of Organization or Group: (ID- 0 .61 't AA 1 ".- Street Address: 1 -Stree Address: -1 Pole Na _ City, State, Zip Code:City, State, Zip Code. r. Air L2 551121_ Email:ail: flx I- 2g?-39S-. 23425 Telephone:Tele hone:5Ce3 — (0 0 -q87( Brief summary additional sheets f--'2 i c(-e---t-45 Lex,‘ _I C.- V I I, -4-L. ctikk.,...-Qp_L ,s— AS. IA (----,.Al, of kind act — a spontaneous, selfless if necessary or submit separate ---1-=' e-5-4-4,(-- a-12:i vi 'i ,- (y)\ 1-•-o-c--Q--k brIc04-; e-c? c;-1-1,E4e? I S ■ Lik. Q.A.P.0 (0-es:4,----Fs , L---- e,---, -, P V— Ut_ L12-Aq e;'' cej-S—tr, Cf.....-V- n act towards someone or something (use letter) , , , ex._ C.- '-ez---LS I 'i'l (S Lee--..f Ce.) WI vlft 14cl,A.,---..c.c.s5,---1-0-----1-Q.0_, ,....0:--1 „ ( 1/4....(22-.15- , s '-e - '' kfrif1 7 10r c_ I. _ ) ) - Return Nomination Form BY SEPTEMBER 27, 2013, to: City of Brooklyn Center, Random Acts of Kindness, Office of the Mayor, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430. The following form was submitted via your website: Random Acts of Kindness Online Nomination Form Nominator Name:: Linda Hanka Address:: 1500 69th Ave. No. CEIVED City:: Brooklyn Center SEP 09 2013 State: : Mn. Zip:: 55430 Daytime Phone Number:: (763) 561-2481 Email Address:: lhanka@brookentr.k12.mn.us NOMINEE Individual, Group, or Organization Being Nominated:: Dianne Sannes Nominee Address:: 7006 Willow Lane City:: Brooklyn Center State:: MN. Zip Code:: 55430 Brief Summary of Kind Act (a spontaneous, selfless act towards someone or something):: Diane has worked diligently at providing meal options for those who are hungry in our neighborhood. She has coordinated the efforts of Loaves and Fishes, a food ministry brought to B.C. by St. Joan of Arc and Knox Presbyterian churches which distributes free lunch bags one Sunday a month. She also has been diligent in creating a core group of churches and service providers to work together in expanding the free meal opportunities. When she sees a need, she sets out to find the solution, and brings others with her to meet it. . In a day and age when needs are so great, and people are so busy running in different directions, Diane is a real treasure! The following form was submitted via your website: Random Acts of Kindness Online Nomination Form Nominator Name:: Linda Hanka Address:: 1500 69th Ave. No. R E C EIVED City:: Brooklyn Center SEP 0 9 2013 State: : Mn. Zip:: 55430 Daytime Phone Number:: (763) 5612481 Email Address:: lhanka@brookcntr.k12.mn.us NOMINEE Individual, Group, or Organization Being Nominated:: Jeffrey and DeLanna Delzer Nominee Address:: 4019 Bass Lake Rd. City:: Brooklyn Center, State:: Mn. Zip Code:: 55429 Brief Summary of Kind Act (a spontaneous, selfless act towards someone or something):: Jeff and Lainie work relentlessly, gathering new products that businesses are no longer wanting. They then pick up the product, and give items to programs and services that are in place to serve the needy in our community. We at the Community Corner have been so grateful to receive party supplies (which we use for our family nights), food donations, new fabric, and clothing, just to name a few of the "gifts". This couple quietly works at serving their community; giving their time, their creativity, and often labor intensive energy. They truly deserve to be recognized for their efforts. The following form was submitted via your website: Random Acts of Kindness Online Nomination Form Nominator Name:: diane sannes RECEIVED Address:: 7006 willow lane SEP 27 2013 City:: Brk Ctr State: : MN Zip:: 55430 Daytime Phone Number:: 560 8893 Email Address:: makendmee@aol.com NOMINEE Individual, Group, or Organization Being Nominated:: Kim Read Kohls Store #51 Nominee Address:: 2501 County Road 10 City:: Brk Ctr State:: MN Zip Code:: 55430 Brief Summary of Kind Act (a spontaneous, selfless act towards someone or something):: When it comes to Acts of Kindness -- Kim Read of Brookdale Kohls Store #51 & her Kohls Care Team deserve TOP PRIZE for their hard work at the April 20,2013, Brooklyn Center EarthFest. This show of support for the environment of our Brooklyn Center community was appreciated by all who attended! The following form was submitted via your website: Random Acts of Kindness Online Nomination Form Nominator Name:: diane sannes Address:: 7006 willow lane City:: Brk Ctr State: : MN Zip:: 55430 Daytime Phone Number:: 763 560 8893 Email Address:: makendmeet@aol.com CEIVED SEP 13 2013 NOMINEE Individual, Group, or Organization Being Nominated:: Travis Bonovsky and Paul Fusco and C/O Friends of Palmer Lake Park Nominee Address:: PO Box 29321 City:: Brk Ctr State:: MN Zip Code:: 55429 Brief Summary of Kind Act (a spontaneous, selfless act towards someone or something):: Travis and Paul's and The Friends of Palmer Lake Park passion for our Brk Ctr environment have extended from cleaning the back waters of the Palmer Lake basin to leading Butterflies and Dragonfly tours thru the park for kids of all ages. Thank You Friends of Palmer Lake Park -for helping us all to see our Nature Treasures in our own Back Yard The following foul' was submitted via your website: Random Acts of Kindness Online Nomination Form Nominator Name:: diane sannes Address:: 7006 Willow Lane EIVED City:: Brooklyn Center SEP 27 2013 State: : MN Zip:: 55430 Daytime Phone Number:: 560 8893 Email Address:: makendmeet@aol.com NOMINEE Individual, Group, or Organization Being Nominated:: Linda Hanka Supt Bonine School Board Cheryl Jechorek Nominee Address:: 6500 Humboldt ave N City:: BC State:: NW Zip Code:: 55430 Brief Summary of Kind Act (a spontaneous, selfless act towards someone or something):: EMP OW-HER is a support/coaching group for moms in Brk Ctr --With the support of Linda Hanka and the backing of Supt Bonine and School Board members, programs like this and many others at the Community Corner at 1500 69th Ave N make a Real difference to parents in our community Thank You City Council Agenda Item No. 9a Co NCIL ITEM MEMORANDUM DATE: October 28, 2013 TO: Curt Boganey, City Manager FROM: Tim Benetti, Planning and Zoning Specialist THROUGH: Gary Eitel, Director of Business and Development SUBJECT: Resolution Regarding the Disposition of Planning Commission Application No. 2013-021 Submitted by Gatlin Development Company A Request for Preliminary Plat of Shingle Creek Crossing 4 th Addition Recommendation: It is recommended that the City Council, following consideration of this item, adopt the Resolution Regarding the Disposition of Planning Commission Application No. 2013-021 Submitted by Gatlin Development Company A Request for Preliminary Plat of Shingle Creek Crossing 4 th Addition (1450 Shingle Creek Crossing). Background: On October 17, 2013 the Planning Commission reviewed Planning Commission Application No. 2013-021, submitted by the Submitted by Gatlin Development Company. Request for Preliminary Plat approval of Shingle Creek Crossing 4 th Addition, located in the Shingle Creek Crossing PUD properties. Attached for review is Planning Commission Resolution No. 2013-20, in which the Commission provided a favorable and joint recommendation of the proposed Preliminary Plat approval. Excerpts from the October 17, 2013 Planning Commission meeting minutes as related to this consideration of this matter are also attached for review. 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 DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2013-021 SUBMITTED BY GATLIN DEVELOPMENT COMPANY A REQUEST FOR PRELIMINARY PLAT OF SHINGLE CREEK CROSSING 4th ADDITION WHEREAS, Planning Commission Application No. 2013-021 submitted by Gatlin Development Company, requesting approval of a Preliminary Plat of a new subdivision to be titled SHINGLE CREEK CROSSING 4th ADDITION, which is a replat of two lots within the Shingle Creek Crossing Planned Unit Development project site; and WHEREAS, the Planning Commission held a duly called public hearing on October 17, 2013, whereby this item was given due consideration, a staff report was presented, and a public hearing was opened to allow for public testimony regarding the preliminary plat of SHINGLE CREEK CROSSING 4 th ADDITION, which were received and noted for the record; and WHEREAS, the Planning Commission determined during its review of the preliminary plat materials submitted with Planning Application No. 2013-021, that said plat is in general conformance with City of Brooklyn Center's City Code Chapter 15 — Platting; and WHEREAS, the Planning Commission did adopt Planning Commission Resolution No. 2013-20, which provides a favorable and unanimous recommendation to the City Council that Planning Commission Application No. 2013-021, as submitted by Gatlin Development Company requesting Preliminary Plat consideration of a new subdivision to be titled SHINGLE CREEK CROSSING 4th ADDITION, may be approved with certain conditions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Planning Commission Application No. 2013-021 submitted by Gatlin Development Company, requesting approval of a Preliminary Plat of a new subdivision to be titled SHINGLE CREEK CROSSING 4th ADDITION, is hereby approved subject to the following conditions: 1.All recommendations and conditions as noted in the City Engineer's review memorandum, dated October 9, 2013 shall be complied with or completed as part of any final plat approvals. 2.Any easements that may need to be vacated under this platting process as determined by the City Engineer must be considered under separate and formal City easement vacation process, with all documentations, descriptions, and exhibits singed by a licensed surveyor. RESOLUTION NO. 3.The final plat shall be subject to review and final approvals by the City Engineer, prior to release by the City for recording purposes. 4.The final plat shall be subject to the provisions of Chapter 15 of the City Ordinances. 5. An updated certified abstract of title or registered property report must be provided to the City Attorney and City Engineer for review at the time of the final plat application (within 30 days of release of the final plat). October 28, 2013 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA OCTOBER 17, 2013 CALL TO ORDER The Planning Commission meeting was called to order by Chair Burfeind at 7:03p.m. ROLL CALL Chair Scott Burfeind, Commissioners Randall Christensen, Benjamin Freedman, Carlos Morgan, and Stephen Schonning were present. Also present were Councilmember Carol Kleven, Secretary to the Planning Commission Tim Benetti, Director of Business & Development Gary Eitel, and Planning Commission Recording Secretary Rebecca Crass. Michael Parks was absent and unexcused. APPROVAL OF MINUTES — SEPTEMBER 26, 2013 There was a motion by Commissioner Schonning, seconded by Commissioner Freedman to approve the minutes of the September 26, 2013 meeting. Motion passed unanimously. CHAIR'S EXPLANATION Chair Burfeind explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. APPLICATION NO. 2013-021 GATLIN DEVELOPMENT COMPANY Chair Burfeind introduced Application No. 2013-021, a request for Preliminary Plat of Shingle Creek Crossing 4 th Addition, located at 1450 Shingle Creek Crossing. (Refer to Planning Report dated 10-17-13 on Application No. 2013-021). Mr. Benetti explained the history of the PUD approvals and stated with this 4 th Addition the Applicant is requesting to replat two lots within the PUD identified as Lot 5 and 6, Block 1, Shingle Creek Crossing Addition. He added the two lots are being reconfigured to accommodate the proposed Discount Tire store development PUBLIC HEARING — APPLICATION NO. 2013-021 There was a motion by Commissioner Freedman, seconded by Commissioner Schonning, to open the public hearing on Application No. 2013-021, at 7:09 p.m. The motion passed unanimously. Chair Burfeind called for comments from the public. There were no comments from the public. CLOSE PUBLIC HEARING PC Minutes 10-17-13 Page 1 D*R*A*F*T There was a motion by Commissioner Schonning, seconded by Commissioner Freedman, to close the public hearing on Application No. 2013-021. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to the approval of the Application. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2013-20 REGARDING RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2013-021 SUBMITTED BY GATLIN DEVELOPMENT COMPANY A REQUEST FOR PRELIMINARY PLAT OF SHINGLE CREEK CROSSING 4 TH ADDITION There was a motion by Commissioner Morgan, seconded by Commissioner Schonning, to approve Planning Commission Resolution No. 2013-20. Voting in favor: Chair Burfeind, Commissioners Christensen, Freedman, Morgan, and Schonning And the following voted against the same: None The motion passed unanimously. The Council will consider the application at its October 28, 2013 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. PC Minutes 10-17-13 Page 2 D*R*A*F*T I NI K , a BROO!, CENTER Planning Commission Report Meeting Date: October 17, 2013 •Application Filed: 09/16/13 •Review Period (60-day) Deadline: 11/15/13 `I •Extension Declared: N/A •Extended Review Period Deadline: N/A Application No. 2013-021 Applicant: Gatlin Development Company Location: Shingle Creek Crossing — PUD Project Site Request: Preliminary Plat of Shingle Creek Crossing 4th Addition INTRODUCTION Gatlin Development Company is seeking Preliminary Plat of Shingle Creek Crossing 4th Addition, which would allow the replatting of certain lots and creation of new lots within the approved Shingle Creek Crossing Planned Unit Development project site. A public hearing is scheduled for this item, and notices were mailed to the surrounding property owners. ANALYSIS The final plat for Shingle Creek Crossing was approved on May 23, 2011. The affected areas are located in the westerly area of the Shingle Creek Crossing PUD, between the existing Applebee's restaurant and the LA Fitness development. Under this 4th Addition, the Applicant is requesting to replat two lots within the PUD. The lots are identified as Lot 5 and 6, Block 1, Shingle Creek Crossing Addition. It should be noted that Lot 6 of this first addition was also subject to a separate replat titled "Shingle Creek Crossing 3 'd Addition", which was approved by the City Council on April 11, 2013. Although this 3'd addition has been submitted to Hennepin County for filing, it has yet to be made part of the official public plat records due to delays in recording. The two subject lots are being reconfigured to accommodate the proposed Discount Tire store development. The two lots will be known as Lot 1 and Lot 2, Block 1, Shingle Creek Crossing 4th Addition. The table below reflects the area of the new lots and the proposed building pad sites for each lot: BUILDING DESIGNATION LOT AREA BUILDING PARKING PROVIDED RATIO A LOT 1, BLOCK 1 1.02 ACRES 7,100 SQ. FT.37 SPACES 5.21 B LOT 2, BLOCK 1 0.96 ACRES 8,500 SQ. FT.85 SPACES 10.00 TOTAL 7.48 ACRES 15,600 SQ. FT.122 SPACES 7.82 App. No. 2013-021 PC 10/17/2013 Page 1 LOT 3,3, BLOCK 1 33.000, EXISTING APP LE BEES 15 BUILDING SETBACK \' / 1 r / 10' D & U EASEMENT ' 35' BUILDING // SETBACK -- \ 15' BUILDING SETBACK r•-• LOT 3, BLOCK 1 33,00051 /8,5000 EXISTING APPLEBEES / 10' D & U EASEMENT 35' BUILDING . SETBACK 15' BUILDING .' SETBACK",/ 10'D&U EASEMENT 35' BUILDING SETBACK -. EXISTING APPLEBEES M LOT 3, BLOCKS 110C,01 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 originally 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 3 rd 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 This replat was also acknowledged and authorized under the recently approved Shingle Creek Crossing 4 th Amemdnement, which is noted on the September 2013 Master Plan diagram (below- lower left) and the September 2013 PUD Plan Set (below — lower right). The simple replatting of these lot lines was necessary due to the PUD Agreement between Gatlin and the City, which states any changes or modifications of lot lines requires a PUD Amendment. By moving this lot line, this increases the size of Bldg. A lot from 0.70 to 1.02 acre; while Bldg. B site is reduced from 1.45 to 0.96 acres. Discount Tire also received approval to amend the building size from 8,400 sq. ft. to the proposed 7,322 sq. ft. size as shown or submitted with their site and building plan application (under separate consideration). App. No. 2013-021 PC 10/17/2013 Page 2 EASEMENT /3206 49 S5526 '52"E 100.00 fc/- , B \ I La' 0' SIDEWALK ,84 LANDSCA-14\k? EASEVEN kt , BUILbING SETBACK I DRAINAGE & EASEMENT ' I . 771V, C77 : 1\ \ ; ‘• The preliminary plat map has been reviewed by the City Engineer, and his review memorandum is attached for reference. Staff assumes many of these items will be addressed or completed as part of the final plat process. RECOMMENDATION Staff recommends the Planning Commission adopt the attached Resolution No. 2013-20, which comprehends the approval of Planning Application No. 2013-021, which proposes a Preliminary Plat for SHINGLE CREEK CROSSING 4 th ADDITION, subject to the following conditions: 1.All recommendations and conditions as noted in the City Engineer's review memorandum, dated October 9, 2013 shall be complied with or completed as part of any final plat approvals. 2.Any easements that need to be vacated under this platting process as determined by the City Engineer must be considered under separate and formal City easement vacation process, with all documentations, descriptions, and exhibits singed by a licensed surveyor. 3. The final plat shall be subject to review and final approvals by the City Engineer, prior to release by the City for recording purposes. S6 20 4 ,,,-14A 142}3:,g4 s\j,\ - \\ \ App. No. 2013-021 PC 10/17/2013 Page 3 4.The final plat shall be subject to the provisions of Chapter 15 of the City Ordinances. 5.An updated certified abstract of title or registered property report must be provided to the City Attorney and City Engineer for review at the time of the final plat application (within 30 days of release of the final plat). ATTACHMENTS •Aerial/Location Maps •Preliminary Plat of SHINGLE CREEK CROSSING 2nd ADDITION •City Engineer's Review Memo (dated 10/09/2013) •Planning Commission Resolution No. 2013-20 App. No. 2013-021 PC 10/17/2013 Page 4 MEMORANDUM DATE: October 9, 2013 TO: Tim Benetti, Planning and Zoning Specialist FROM: Steven L. Lillehaug, Director of Public Works/City Engineer SUBJECT: Public Works Shingle Creek Crossing 4 th Addition Preliminary Plat and Site A Plan Review Memo Public Works Department staff has reviewed the Shingle Creek Crossing 4 th Addition Preliminary Plat dated September 17, 2013 prepared by Kimley-Horn and Associates, Inc., and the 5 sheet set of preliminary plans dated August 26, 2013 for Site A (Discount Tire) prepared by Atwell. The following comments are offered relative to the above referenced submittals. They are contingent upon final plat approval and final site plan and land alteration/building permit submittal and approval. Additionally, this review only includes a review of the revisions contained within site A of Shingle Creek Crossing (not Site B). Any other site revisions on the drawings outside of this site that may be inconsistent with the previously approved PUD and amendments and have not been included as part of this review. General Items: 1.All recommendations and requirements approved as part of previous actions pertaining to all prior PUD/PUD amendment approvals Preliminary Plan approvals and Final Plat approvals relative to Shingle Creek Crossing; Shingle Creek Crossing 2 nd Addition; Shingle Creek Crossing 3 rd Addition and/or portions thereof are withstanding and must be incorporated into the final plans. rd2.The final plats of Shingle Creek Crossing 2' Addition and Shingle Creek Crossing 3 Addition should be recorded with Hennepin County prior to any further consideration of development and/or platting approvals. Copies of the recorded plats must be provided to the City (digital PDF format). 3.All work performed and materials used for construction of utilities must conform to the City of Brooklyn Center's standard specifications and details. The City's standard details must be included in the plans. 4.Revise all plans to show the proposed Shingle Creek Crossing 4 th Addition Final Plat property lines. 5.A storm water pollution prevention plan is required and was not provided for review and approval. This plan must be provided for consideration as part of this site approval. 6.The northeasterly driveway opening is excessively wide. Narrowing this opening would assist in controlling traffic movements, lessen pedestrian crossing distance and would create a safer environment. Revise layout accordingly. 7.The sidewalk layout, approach and pedestrian curb ramp on the northeast side of the southeasterly driveway is excessively skewed relative to the curb and gutter radius. The layout of this driveway and sidewalk should be redesigned with a more perpendicular pedestrian curb ramp/curb and gutter radius combination. This driveway also is excessively wide and should be narrowed, for similar reasons as discussed with the northeasterly driveway. 8.All curb and gutter must be concrete B6-12 curb and gutter. 9. Revise plan to include constructing temporary bituminous curb between sites A and B. Shingle Creek Crossing 4 th Addition Preliminary Plat and Site A Plan Review Memo Page 2 October 9, 2013 10.Provide a better internal sidewalk plan that connects Site A to the overall Shingle Creek Crossing sidewalk system and adjacent sites. 11.Provide detailed vehicle turning and tracking movement diagrams for delivery vehicles and garbage trucks for the sites demonstrating specific and actual routes. 12.Revise plans to protect existing landscaping and restore the lost landscaping along Xerxes between the parking lot and the regional trail. The proposed landscape plans must be revised to include restoring the missing plants and integrating the existing landscaping with the proposed landscaping along the regional trail. 13.Increase landscaping to better screen proposed transformer and trash enclosure adjacent to the regional trail along Xerxes Avenue. 14.Provide understory landscaping plans for parking lot raised islands. 15.The final plans must be certified by a licensed engineer in the state of Minnesota and forwarded to the City Engineer for approval. 16.Upon project completion, the applicant must submit an as-built survey of the property, improvements and utility service lines and structures, and provide certified record drawings of the original plans for any associated private and/or public improvements prior to issuance of the certificate of occupancy. The survey must also verify that all property corners have been established and are in place at the completion of the project as determined and directed by the City Engineer. 17.Inspection for the private site improvements must be performed by the developer's design/project engineer. Upon project completion, the design/project engineer must formally certify through a letter that any improvements were built in conformance with the approved plans and under the design/project engineer's imrriediate and direct supervision. The engineer must be certified in the state of Minnesota and must certify all required as- built drawings. 18.The applicant is responsible for coordinating site demolition plans with all private utility companies (Xcel Energy, CenterPoint Energy, Qwest Communications, etc.). Preliminary Plat and Final Plat: 19.Rededicating and terminating certain easements are required as part of this replatting. Formal vacation documents are required and must contain easement vacation descriptions and depiction exhibits signed by a professional surveyor. A separate application is required for the easement vacation actions. 20.An updated certified abstract of title or registered property report must be provided to the City Engineer and City Attorney for review within 30 days of preliminary plat application. Additionally, this will need to stay current and be updated through the approval process as required to maintain and be current within 30 days of release of the final plat. 21.No portion of building or appurtenant structures may encroach on the City drainage and utility easement. Easements and Agreements: 22.A Performance Agreement is required that includes all conditions of the project approval, subject to the final site plan approval by the City Engineer. 23.Subdivision/Development and Declaration of Covenants and Rights Agreements are required that include all conditions of the project approval, subject to the final site plan approval by the City Engineer. Anticipated Permitting: 24. A City of Brooklyn Center land disturbance permit is required. Shingle Creek Crossing 4 th Addition Preliminary Plat and Site A Plan Review Memo Page 3 October 9, 2013 25.A City of Brooklyn Center water and sewer connection permit is required. 26.An MPCA NPDES permit is required. 27.A MPCA sanitary sewer permit may be required. 28.A MN Department of Health water main extension permit may be required. 29.Other permits not listed may be required and are the responsibility of the developer to obtain as warranted. Prior to issuance of a Land Alteration and Building Permit: 30.Submit recorded copies of the Restrictive Covenants and Subdivision/Development Agreements. 31.Copies of all required permits must be provided to the City prior to issuance of applicable building and land disturbance permits. 32.Final construction plans and specifications need to be received and approved by the City Engineer in form and format as determined by the City. The final plan must comply with the approved preliminary plan. 33. The following "final construction plans" need to be submitted, reviewed and approved prior to issuance of a land alteration permit: a.Demolition plans b.Utility plans (disconnection, temporary connection, proposed utilities, etc.) c.Drainage plans d.Grading and permanent erosion control plans e.Site plans f.Landscaping plans g.Lighting plans h.A storm water pollution prevention plan (SWPPP) i.Phasing and sequencing plans j.Plans showing site safety fencing, access locations and haul routes 34. A letter of credit or cash escrow shall be deposited with the City in the amount of 100% of the estimated cost in the amount estimated by the developer and determined by the City to comply with land alteration requirement, site improvement, and restoration of the site. The City may incrementally reduce the amount of the surety if work is completed and accepted. 35. Provide a temporary Construction Management Plan and Agreement that addresses general construction activities and management provisions, traffic control provisions, haul routes, emergency management provisions, storm water pollution prevention plan provisions, tree protection provisions, general public welfare and safety provisions, definition of responsibility provisions, temporary parking provisions, overall site condition provisions and non-compliance provisions. The plan must be in a City approved format and must outline minimum site management practices and penalties for non-compliance. A $2,500 cash deposit will be required as part of the non-compliance provision of this agreement. Through this document, the developer and property owner will acknowledge: a.The property will be brought into compliance within 24 hours of notification of a violation of the construction management plan, other conditions of approval or City code standards. b.If compliance is not achieved, the City will use any or all of the escrow dollars to correct any deficiency and/or issue. 36. A preconstruction conference must be scheduled and held with City staff and other entities designated by the City. Shingle Creek Crossing 4 th Addition Preliminary Plat and Site A Plan Review Memo Page 4 October 9, 2013 All aforementioned items, comments and recommendations are provided based on the information submitted by the applicant at the time of this review. The site plan must be developed and maintained in substantial conformance with the referenced plans, unless modified by the staff recommended conditions above. Subsequent approval of the final plan may require additional modifications based on engineering requirements associated with final design of the water supply, storm drainage, sanitary sewer, final grading, geometric design and other design elements as established by the City Engineer and other public officials having jurisdiction over approval of the final site plans. Commissioner Morgan introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 2013-20 RESOLUTION REGARDING RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2013-021 SUBMITTED BY GATLIN DEVELOPMENT COMPANY A REQUEST FOR PRELIMINARY PLAT OF SHINGLE CREEK CROSSING 4th ADDITION WHEREAS, Planning Commission Application No. 2013-021 submitted by Gatlin Development Company, requesting approval of a Preliminary Plat of a new subdivision to be titled SHINGLE CREEK CROSSING 4th ADDITION, which is a replat of two lots within the Shingle Creek Crossing Planned Unit Development project site; and WHEREAS, the Planning Commission held a duly called public hearing on October 17, 2013, whereby this item was given due consideration, a staff report was presented, and a public hearing was opened to allow for public testimony regarding the preliminary plat of SHINGLE CREEK CROSSING 4 th ADDITION, which were received and noted for the record; and WHEREAS, the Planning Commission has determined during its review of the preliminary plat materials submitted with Planning Application No. 2013-021, that said plat is in general conformance with City of Brooklyn Center's City Code Chapter 15 — Platting; and NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Application No. 2013-021 as submitted by Gatlin Development Company requesting Preliminary Plat consideration of a new subdivision to be titled SHINGLE CREEK CROSSING 4th ADDITION, be approved based upon the following conditions: 1.All recommendations and conditions as noted in the City Engineer's review memorandum, dated October 9, 2013 shall be complied with or completed as part of any final plat approvals. 2.Any easements that may need to be vacated under this platting process as determined by the City Engineer must be considered under separate and formal City easement vacation process, with all documentations, descriptions, and exhibits singed by a licensed surveyor. 3. The final plat shall be subject to review and final approvals by the City Engineer, prior to release by the City for recording purposes. 4. The final plat shall be subject to the provisions of Chapter 15 of the City Ordinances. PC RESOLUTION NO. 2013-20 5. An updated certified abstract of title or registered property report must be provided to the City Attorney and City Engineer for review at the time of the final plat application (within 30 days of release of the final plat). October 17, 2013 Date Chair Secretary The motion for the adoption of the foregoing resolution was duly seconded by member Schonning and upon vote being taken thereon, the following voted in favor thereof: Chair Burfeind, Commissioners Christensen, Freedman, Morgan and Schonning and the following voted against the same: None Whereupon said resolution was declared duly passed and adopted. / SHINGLE CREEK CROSSING BROOKLYN CENTER PRELIMINARY PLAT SHINGLE CREEK CROSSING mmar,7-47g-,, rfazt=...1.A. w 71-E SIAM' "s,7s0t , "‘" " JC MUM 0,A717%, 0-Ey. 11 /15/20I2 ta 45700 AS NOSED 00:7,70 EMCI rAs14. nars. 70-71SEAS011,1 SEVELCF1J7MA6SOSSORLE <707ES \CAN \MOSE 3 Vion s\ 0001 p?RYFtflt4 4th AS,Uss Sep 26. 2013 3:12prn Of 0,7,074,0' I =I I 1 8 I ;I I 18 1 8 1 2 I I "1'1'1'1' I I I I I I I I I City Council Agenda Item No. 9b CO NCR FEM MEMORANDUM DATE: October 28, 2013 TO: Curt Boganey, City Manager FROM: Tim Benetti, Planning and Zoning Specialist THROUGH: Gary Eitel, Director of Business and Development )1> SUBJECT: Resolution Regarding the Disposition of Planning Commission Application No. 2013-017 Submitted by Halle Properties, LLC and Gatlin Development Company, Requesting the Approval of Site and Building Plan for the New Discount Tire Store, Located on Building Pad Site A of the Shingle Creek Crossing Planned Unit Development (1450 Shingle Creek Crossing) Recommendation: It is recommended that the City Council, following consideration of this item, adopt the Resolution Regarding the Disposition of Planning Commission Application No. 2013-017 Submitted by Halle Properties, LLC and Gatlin Development Company, Requesting the Approval of Site and Building Plan for the New Discount Tire Store, Located on Building Pad Site A of the Shingle Creek Crossing Planned Unit Development (1450 Shingle Creek Crossing) Background: On October 17, 2013 the Planning Commission reviewed Planning Commission Application No. 2013-017, submitted by Halle Properties, LLC and Gatlin Development Company, requesting the approval of Site and Building Plan for the New Discount Tire Store, located on Building Pad Site A of the Shingle Creek Crossing Planned Unit Development (1450 Shingle Creek Crossing). Attached for review is Planning Commission Resolution No. 2013-21, in which the Commission provided a favorable and joint recommendation of the proposed Preliminary Plat approval. Excerpts from the October 17, 2013 Planning Commission meeting minutes as related to this consideration of this matter are also attached for review. 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 Mist Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2013-017 SUBMITTED BY HALLE PROPERTIES, LLC AND GATLIN DEVELOPMENT COMPANY, REQUESTING THE APPROVAL OF SITE AND BUILDING PLAN FOR THE NEW DISCOUNT TIRE STORE, LOCATED ON BUILDING PAD SITE A OF THE SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT (1450 SHINGLE CREEK CROSSING) WHEREAS, Planning Commission Application No. 2013-017, submitted by Halle Properties, LLC, in conjunction with Gatlin Development Company, requesting approval of a Site and Building Plan for a new 7,322 square foot Discount Tire store, to be located on Building Site A of the Shingle Creek Crossing Planned Unit Development, legally described as Lot 5, Block 1, Shingle Creek Crossing Addition, and addressed as 1450 Shingle Creek Crossing, which approval is also 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 October 17, 2013, to fully consider Planning Commission Application No. 2013-017, and reviewed and received a planning report on the proposed new Site and Building Plans for the Discount Tire store development and other related improvements in conjunction with the Shingle Creek Crossing Planned Unit Development Project; and WHEREAS, in light of all testimony received, and utilizing the guidelines and standards for evaluating site and building plans, as contained in Section 35-230 (Plan Approval) of the City's Zoning Ordinance, along with consideration of the goals and objectives of the City's Comprehensive Plan, the Planning Commission considers this site and building plan an appropriate and reasonable development of the subject property; 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; and that the Site and Building Plan of proposed Building A, as comprehended under Planning Application No. 2013-017, 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; RESOLUTION NO. 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. AND WHEREAS, the Planning Commission did adopt Planning Commission Resolution No. 2013-021, which provides a favorable and unanimous recommendation to the City Council that the Site and Building Plan of the new Discount Tire store, as illustrated on Building Site A of the Shingle Creek Crossing Planned Unit Development, and as comprehended under Planning Application No. 2013-017, may be approved with certain conditions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Planning Commission Application No. 2013-017, submitted by Halle Properties, LLC, in conjunction with Gatlin Development Company, requesting approval of a Site and Building Plan for a new 7,322 square foot Discount Tire store, to be located on Building Site A of the Shingle Creek Crossing Planned Unit Development, is hereby approved, subject to the following conditions: 1.Developer agrees to comply with all conditions or provisions noted in the City Engineer's Review memo, dated October 9, 2013. 2.Developer shall revise the site plans to reduce the access openings into the subject site, and revise the sidewalk layouts, approaches and pedestrian curb- ramps as recommended by the City Engineer. 3. Developer shall provide a pedestrian connector between the store property and the Xerxes Avenue trail system. Developer shall work with city staff in finalizing the design and location of this connector. RESOLUTION NO. 4.No construction on this Building Pad A site shall be allowed until the final plats of Shingle Creek Crossing 2" Addition, Shingle Creek Crossing 3 "' Addition and Shingle Creek Crossing 4th Addition have been filed and recorded with the Hennepin County Recorder, with evidence or receipt presented to the City proving these recordings. 5.The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 6.Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. The new trash enclosure with same building materials as those used to construct the principal building. Additional landscaping must be installed to screen the trash enclosure from the Xerxes Avenue ROW. 7.An underground inigation system shall be installed in all landscaped areas to facilitate site maintenance. 8.Site Plan approval is exclusive of all final signs on this site, including new wall (building) signs and any individual monument sign, which shall remain subject to Chapter 34 of the city ordinances, and subject to the approved (or amended) Signage Plan of the Shingle Creek Crossing PUD Agreement. 9.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. 10.All other provisions, standards and variations provided under the 2011 Shingle Creek Crossing PUD shall remain in effect. 11.The Developer shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. October 28, 2009 Date Mayor RESOLUTION NO. 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. APPLICATION NO. 2013-017 — DISCOUNT TIRE (HALLE PROPERTIES LLC) Chair Burfeind introduced Application No. 2013-017, a request for Site and Building Plan approval of a new 7,322 sf. Discount Tire store for Building Pad A within the Shingle Creek Crossing Planned Unit Development Project. (Refer to Planning Report dated 10-17-13 on Application No. 2013-017). Mr. Benetti explained the site plan being considered is for the proposed Building A pad site previously approved under the Shingle Creek Crossing Master Plan. Mr. Benetti further stated auto repair shops do not meet the overall vision planned for this area and the applicant has indicated to staff there will be no type of auto repair or servicing at this facility, only the removal and installation of new tires purchased at the store. Mr. Benetti provided details on the layout and appearance of the proposed new building and parking layout. He pointed out the Shingle Creek Crossing PUD was approved with an overall "Architectural Design Guideline" plan to provide examples of approved architecture and building materials and the key element of this plan was that all new buildings would need to provide 4-sided architecture in their designs. He added the updated architectural plans submitted by Discount Tire include a nice design and mix of materials as called for by the SCC guidelines and meets all required setbacks for this PUD/C2 zoning. Mr. Benetti explained the access to the site and the parking layout while noting a larger driveway opening is shown to accommodate delivery trucks. He added the City Engineer provided input related to the sidewalks and approaches and feels they should be realigned to be more perpendicular to the curb lines. The Chair called for further discussion or questions from the Commissioners. Chair Burfeind asked about the retaining wall along Applebee's that was recently removed. Mr. Benetti replied the developer removed it at the request of the City and there is no requirement for screening in this location. He added the wall was there to discourage pedestrians from cutting through the property near the old transit center. He further pointed out it was recommended to the applicant to provide an additional pedestrian opening to provide a walkway and eliminate people cutting through and trampling landscaping. There was further discussion regarding the possible placement of a fence along Xerxes to discourage foot traffic cutting through the property and destroying existing landscaping. Commissioner Christensen stated he likes the idea of providing the pedestrian opening since this area was designed to encourage pedestrian traffic and safety. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2013-21 REGARDING RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICTION NO. 2013-017 SUBMITTED BY HALLE PROPERTIES, LLC AND GATLIN DEVELOPMENT COMPANY, REQUESTING THE APPROVAL OF SITE AND BUILDING PC Minutes 10-17-13 Page 3 D*R*A*F*T PLAN FOR THE NEW DISCOUNT TIRE STORE, LOCATED ON BUILDING PAD SITE A OF THE SHINGLE CREK CROSSING PLANNED UNIT DEVELOPMENT (1450 SHINGLE CREEK CROSSING) There was a motion by Commissioner Christensen, seconded by Commissioner Schonning, to approve Planning Commission Resolution No. 2013-21. Voting in favor: Chair Burfeind, Commissioners Christensen, Freedman, Morgan, and Schonning And the following voted against the same: None The motion passed. The Council will consider the application at its October 28, 2013 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. PC Minutes 10-17-13 Page 4 D*R*A*F*T I BROOKLIN CENTER Planning Commission Report Meeting Date: October 17, 2013 •Application Filed 08/27/13 •Application Deemed Complete: 09/16/13 •Review Period (60-clay)Deadline: 11/15/13 •Extended Review Period Deadline: N/A Application No, 2013-017 Applicant: Halle Properties, LLC (Rich Sommer) Owners: Gatlin Development Company Location: 1450 Shingle Creek Crossing Request: Site & Building Plan — Building A (Discount Tire) INTRODUCTION Halle Properties, LLC and Gatlin Development Company are requesting review and consideration of a Site and Building Plan approval of a new 7,322 sf. Discount Tire store, located at 1450 Shingle Creek Crossing. This site plan is being considered for the proposed Building-A pad site, which was previously approved under the updated 2013 Shingle Creek Crossing Planned Unit Development (PUD) Master Plan. This site plan 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. BACKGROUND On May 23, 2011 the City Council approved the Shingle Creek Crossing PUD for the redevelopment of the former Brookdale Mall properties. The Shingle Creek Crossing PUD included an overall Master [Development] Plan, which guides the future development planned for this site, and included a number of approved variations from the zoning ordinance. This PUD included the development of a 182,000 sf. Wal-Mart retail store, the remodeling of the old Brookdale Mall food court building, and fifteen new building pad sites for retail and service uses, three of which were identified as restaurant sites. Construction of the new Wal-Mart store is complete and other site/utility improvements are nearing completion. Building sites G, H, K, and L have been approved for individual site plans, with G, H and K wrapping up construction. LA/Fitness (Bldg. Site J) was approved in 2012 and is now complete and open to the public. Panda Express (Bldg. Site C) was approved earlier this year and is under construction. The Shingle Creek Crossing PUD site was originally zoned as PUD/C-2 (Planned Unit Development/Commerce) district. This zoning remains in place and is not subject to any changes or modifications at this time. As part of the PUD Agreement, any new building within this PUD must be reviewed under separate site and building plan review. App. No. 2013-017 Page 1 of 13 150ISO 300 SHINGLE CREEK CROSSING IV SHINGLE CREEK CROSSING 4TH ADDITION .; _/1135' BUILPINGi V SI SET6./tt , 10' DRA1,4'A6E fac/ JTILITY EASEMENT .0.4e • PUD and PLAT CONSIDERATIONS The subject Pad Site A site (Lot 5, Block 1, Shingle Creek Crossing Addition) was planned to be an 8,400 sq. ft. retail store. The lot is pentagon in shape, and similar in appearance to a home plate found on a baseball diamond. The applicants originally submitted with their site plan materials two separate survey drawings, which indicated a reconfiguration of lot lines between Lots 5 and 6 above. The application was deemed incomplete until such time as Gatlin Development submitted a new plat application (PC Application No. 2013-021) for this area, which is under separate consideration before the Planning Commission and purposely set prior to the official consideration of this item. The plat must be approved prior to allowing this site plan to move forward, on account the App. No. 2013-017 Page 2 of 13 1-'1-(01-'UbtU IVIUIVUIVI I SIGN building and parking layout correspond directly with these adjusted lot lines. In the early planning stages of the Shingle Creek Crossing PUD, city staff and Gatlin agreed that a number of uses would be permitted and other prohibited, which are noted in the approved Shingle Creek Crossing PUD Agreement between the developer and the City. One of these prohibited uses was Gasoline Service Stations, which typically include auto or motor vehicle repair servicing. Auto repair is allowed in the C2 (Commerce) District only by special use permit. The City and Gatlin agreed that auto repair shops (similar to the old Midas Repair shop removed as part of this redevelopment area) was not a use or activity that should be re-introduced or allowed in this PUD, as it does not meet the overall vision planned for this area. However, under the typical C2 zoning (the underlying zoning district governing this PUD) the "retail sale of tires, batteries and automobile accessories..." is considered a permitted use. The applicants have indicted to planning staff that no type of auto repair or servicing (such as oil/filter changes, battery changes, muffler and engine repairs, etc.) will take place at this facility; only the removal and installation of new tires purchased at the store. + SITE & BUILDING IMPROVEMENTS The Bldg. A site was originally identified under the 2011 SCC-PUD plans as Building J, which was planned to be an 8,400 sf. building on a 0.7 acre pad site with 40 parking spaces assigned to the lot (illustration below- lower left). As the Commission is aware, the City considered a number of changes to the overall and previously approved the Shingle Creek Crossing PUD, which was referred to as the 4 th Amendment. This amendment included the reconfiguration of the two lots under Bldg. Sites A and B, and proposed a smaller building from 8,400 sf. to 7,100 sf. (illustration below- lower right). ORIGINAL PUD PLAN AMENDED PUD (SEPTEMBER 2011) (SEPTEMBER 2013) App. No. 2013-017 Page 3 of 13 The new Bldg. A site is now proposed to be a 1.02 acre sized parcel, with 36 parking stalls. The newly configured lot lines and planned parking areas near the front area facilitate the preferred building design and parking layout proposed by Discount Tire on the expanded lot. The new Discount Tire building is shown with a 60' x 128' footprint and building size indicated at 7,322 sq. ft. Parking is located along the front, back and side areas. The interior is broken up with a 1,980 sf. front entry sales/display area, including offices and restrooms. The remaining part of the building is for tire storage (both new and old), and three bays for the installation of said tires on vehicles. A mezzanine level is also included in the back service area, but is only used for tire racking/storage. App. No. 2013-017 Page 4 of 13 -f7 DISCOUNT ThE ran —171 1.:z,....1111041tral 17..:11c4.,40:1,11111=14,1r r I I 1--ri.L.vezi I ,ta,mR ,V,RA maTL INTEL, on...r.,5 ACCCI, MU-0 ■.o.evon aN,..1.-vx,r..3 .1. rirt2:;n1,rti c,r.s(ka,t, F, irsT r E, Orre, ■117,1 alr.0..... IrtIS Sr. Bairn, =LI OW 57/3-5.5 ;Ir.Arr.. Or 4.4.51. 1: 7,2,3 3 1011% 1 Fawn.. sot (e)cflkfl Can cuu — WEST ELEVATION (Xerxes Ave N) -n L A EC'PITUR., raL-Vek`rt"trrEV01. CC101 5,1,AM C... L EAST ELEVATION 1/3" - IffTzz '®SMS- •?.., %span — <5.\ trotror crr,rrr-r t WO". TN 36 5 I g•Fir. ieetiSr ICA'S 1 rnsmic.e,.11.1 nt771r11.4fell"191CA-01 ',Warr Ptivilr 1111111&11111[141111111411151•11r 117.1../1. Laril .erug rwz r.Or. 1,611-.17,1) em„...,45ritt•a., 10-0, ■Prr 'rt,r, rovyRorr u4.1 sus 61.11 The Shingle Creek Crossing PUD was approved with an overall "Architectural Design Guideline" plan to provide examples of approved architecture and building materials. These materials were separated into a Class-1 and Class-2 category. The key element of this plan was that all new buildings would need to provide 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. Buildings are required to incorporate at least 50% or more of Class-1 and Class-2 materials as part of their elevation schemes. The updated architectural plans submitted by Discount Tire include a nice design and mix of materials as called for by the SCC guidelines. The north, south and west elevations are noted with over 80% of Class-1 materials (86%, 85% and 81% respectively); while the east elevation indicates up to 62% of Class-1 materials. However, in review of these materials, it was found that they included "Integral Color CMU" as a Class-1 material, when in fact this is actually a Class-2. Nevertheless, when subtracting out this material calculation from the total Class-1 materials table on each elevation plan, it appears all four surfaces still exceed the 50% threshold required for Class-1 materials [North = 53%; South = 83%; West = 64% and East = 53%]. The new building is shown with a 52.2 foot setback from the westerly property line (Xerxes Avenue ROW), a 51.9-ft. setback from the south line, and 25-ft. setback from the north line. This building meets all required setbacks for this PUD/C2 zoning. ACCESS & PARKING The subject site is shown with two separate driveway access points along the upper, east/west internal roadway serving Bldgs. A, B, J, C, H and K. It should be noted that the additional land area acquired from the Bldg. B pad site was due to Discount Tire's desire or need in providing a App. No. 2013-017 Page 5 of 13 larger (wider) driveway opening to accommodate their tire delivery/removal trucks from this site. The southeasterly drive opening is marked-out as 30.4 feet wide, while the northeasterly drive opening is indicated at 41.3 feet wide (measured at the throat), but almost 60-ft. + at the opening. Northeast Drive Southeast Drive Although the most recent approved Shingle Creek Crossing 4 th Amenmdnet package included an updated "Truck Circulation" map, it only illustrated garbage truck movement in and around this particular site — and not commercial/delivery vehicles. Nevertheless, the City Engineer has stated in his review report that these two driveway openings are too large and should be narrowed, which would lessen pedestrian crossing distances in this area. The Applicant submitted a truck movement template late Thursday afternoon (10/10/13) which provides an illustration of how they intend to bring trucks (deliveries) into this site. The diagram indicates trucks will enter from the 56 th Ave./Xerxes Ave intersection entrance,; turn sharply into the Applebee's restaurant site; travel northward and turn into the Pad A site as shown. The trucks then exit out of the site essentially the same route. App. No. 2013-017 Page 6 of 13 Staff feels the Applicant may have been overly concerned with the ability to provide enough space to accommodate large truck turning movements, and therefore felt the need to provide extra-large openings into their site. This route plan however, appears flawed and unwise, given the need to turn into the Applebee's site to make their deliveries, which City staff does not support and feels the Applicants should adjust or revise this truck route accordingly. A suggested route map (by city planning staff) is indicated below. The drive-aisles and opening between the islands inside Shingle Creek Crossing PUD are approximately 25 feet in width, and staff feels the Applicant can easily reduce the openings into this site. The site layout includes 36 parking spaces, which meets (exceeds) the 4.5 spaces per 1,000 sq. ft. of floor area per SCC-PUD Agreement. The Applicant indicated that most of the employee parking will take place in the back side of the building (along Xerxes Avenue), while customers will have the front and side parking areas reserved for their use. The Applicant also indicated that customer cars are usually not held or parked for long periods of times (no overnights) on the site, as they typically swap-out the tires in timely fashion, usually while the customer waits in their showroom. The parking is shown with a 5-foot setback from Xerxes Avenue ROW. Normally, a 15-foot setback is required, but this reduced setback was a carry-over from the original Brookdale Mall PUD standards, which were incorporated into the Shingle Creek Crossing PUD as well. The plans also illustrate an existing 10-ft. drainage and utility easement, which was platted under the Shingle Creek Crossing Addition. Parking areas are typically allowed as an acceptable encroachment into a drainage and utility easement areas, provided the physical improvements ((i.e. pavement, curb and gutter sections) do not impact or disturb underground or above-ground drainage and/or utility systems. City staff noticed that the site plans (and initial surveys) were absent of a secondary easement made between the Gatlin Company and the City, which is a 10-foot wide easement stretching all along the easterly boundary line of this PUD site. This easement area was dedicated for public App. No. 2013-017 Page 7 of 13 landscape and streetscape, sidewalk, trail and related purposes" with its scope noted below: 2. Scope of Easements. The landscape and streetscape easements granted herein include the right of the City, its contractors, agents, and employees to enter the Easement Area at all reasonable times for the puipose of installing, constructing, reconstructing, operating, maintaining, inspecting, altering and repairing within the described Easement Area any of the following facilities and amenities: public sidewalk or trail way; bus bench/shelter; fence; retaining walls; litter receptacles; decorative landscaping features including planting beds, boulders, shrubs, trees, and other landscape improvements; and irrigation systems. The easements for sidewalk and trail uses granted herein includes the right of the City, its contractors, agents, and employees to locate, construct, operate, maintain, alter and repair public sidewalk and trail facilities within the Easement Area. The easements granted herein also include the right to cut, trim, or remove from the Easement Area any trees, shrubs, or other vegetation as in the City's judgment unreasonably intellere with the easement or improvements of the City. City staff determined it would be acceptable to allow the encroachment of the planned parking area inside this landscape and streetscape easement area in order to keep the parking area along this Xerxes Avenue ROW consistent with the parking area to the south, which is tying into or matching in with the existing Applebee's parking lot/curb and gutter section. This allowance however, is being conditioned upon a City desire to provide additional landscaping and streetscaping improvements in this area, which are noted and addressed in the following sub- heading of "Landscaping". The City Engineer has also provided his input and comments related to the sidewalks and approaches inside the development site. The alignments of these walkway access points are too skewed and he recommends these walk approaches should be realigned to be more perpendicular to the curb lines. • DRAINAGE & UTILITIES The installation of all utility services and lines, and the finished grading of the site will be reviewed and conducted under separate Land Disturbance permit, which is reviewed and approved by the city engineers, and inspected for completeness by the engineers and building officials. The site is planned to have a typical storm water intake centrally located in the back parking area, which feeds into a new 12-inch RCP storm sewer pipe leading north and around the building, with three additional intakes along this lead. The front side of the building contains a separate storm water downspout from the building, which feeds into the separate 12-inch pipe leading southward towards the existing 36-inch storm water main systems installed by the Gatlin under the Phase I Improvements. Six-inch sanitary service lines are also planned, with an oil interceptor located in the "notched" area of the building site. All gas, electric, phone and domestic water services will be brought into the building from the back side of the building. App. No. 2013-017 Page 8 of 13 LANDSCAPING The 2013 SCC-PUD Master Plan recently approved provides a diagram that illustrates the ideal location of trees in and around this site (see diagram below). The Applicant submitted a landscape plan, which includes only 12 new shade and ornamental trees, consisting of 7 honey locusts; 2 river birch, 2 crabapple, and 1 quaking aspen. The plan below illustrates most of the trees are to be planted in the large, front island area created by the new driveways planned by Discount Tire. App. No. 2013-017 Page 9 of 13 The plans also indicate a row of "existing shrubs" along the westerly lot line with Xerxes Avenue ROW area, which were planted as part of the overall Bass Lake Road and Xerxes Avenue streetscape improvements a few years ago. These shrubs are actually some perennial type plantings and spirea bushes planted along this trail. Planning staff would also point out that prior to the redevelopment of this site, this westerly boundary line along Xerxes Avenue contained a small brick retaining wall. This wall was meant to contain pedestrians along the trail and provide screening for vehicles within the adjacent parking areas. This wall was removed due to the understanding this wall was no longer needed. During inspections of this site, it was evident from certain trampled down plants and a few well- traveled pathways that pedestrians were making their way between Xerxes Avenue and the development site by cutting-thru the landscaping beds along the trail,. The Xerxes Avenue trail also had a pedestrian connector or tab that led into the old Brookdale Mall site. To facilitate the walkability of this site and to help eliminate various cut-thus and trampling of the landscape plantings along this right of way area, we recommend the Applicant (or Gatlin Development) provide an additional pedestrian opening and striping to provide a walkway from this trail into the development site and the PUD as well. Although this may involve the loss of one or two parking spaces, it appears Discount may still have enough parking to complete this improvement. App. No. 2013-017 Page 10 of 13 The trash enclosure is also not very well screened at this location. Staff recommends the applicant provide a number of evergreen trees and shrubs on the back side of this enclosure to soften the views from the adjacent street and trails. •:• LIGHTING/TRASH The photometric plan indicates the building will have six (6) low-profile LED wall pack lights affixed to the outer areas and above doorway entries into the building. The parking areas will be provided with two, single headed pole lights and one dual-head pole light. Two of these pole lights are scheduled to be 39-feet in height; while the other is noted at a shorter 28-ft. height. All of these lights are considered a down-cast cut off luminaires, which meets city standards for this type of overhead or wall lighting. The plans illustrate one outdoor trash enclosure, with two, front-end loading dumpster type receptacles. As noted in previous site plan reviews, the original SCC Master Plan did not illustrate or indicate the placement of any trash enclosure areas within this PUD site. The plans did not provide a "typical trash enclosure" detail; however, as the City did in previous site plan approvals, these accessory structures shall be approved contingent upon their construction shall match the same materials and colors with the main buildings. Metal, wood or composite material fences or doors are allowed, but must be opaque or completely screen the receptacles inside the enclosure. 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 his review and comments regarding this application, which is noted in the attached City Engineer's Review Memorandum (dated October 9, 2013) to planning staff. 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 App. No. 2013-017 Page 11 of 13 review and approvals. RECOMMENDATION Staff recommends the Planning Commission adopt the attached Resolution No. 2013-21, which comprehends the approval of Planning Application No. 2013-017, the Site and Building Plan for proposed Discount Tire store, located at 1450 Shingle Creek Crossing, and also identified as "Building A" - Shingle Creek Crossing Planned Unit Development, subject to the following conditions: 1.Developer agrees to comply with all conditions or provisions noted in the City Engineer's Review memo, dated October 9, 2013. 2.Developer shall revise the site plans to reduce the access openings into the subject site, and revise the sidewalk layouts, approaches and pedestrian curb-ramps as recommended by the City Engineer. 3.Developer shall provide a pedestrian connector between the store property and the Xerxes Avenue trail system. Developer shall work with city staff in finalizing the design and location of this connector. 4.No construction on this Building Pad A site shall be allowed until the final plats of Shingle Creek Crossing 2 nd Addition, Shingle Creek Crossing 3'd Addition and Shingle Creek Crossing 4 th Addition have been filed and recorded with the Hennepin County Recorder, with evidence or receipt presented to the City proving these recordings. 5.The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 6.Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. The new trash enclosure with same building materials as those used to construct the principal building. Additional landscaping must be installed to screen the trash enclosure from the Xerxes Avenue ROW. 7.An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 8.Site Plan approval is exclusive of all final signs on this site, including new wall (building) signs and any individual monument sign, which shall remain subject to Chapter 34 of the city ordinances, and subject to the approved (or amended) Signage Plan of the Shingle Creek Crossing PUD Agreement. 9. 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. App. No. 2013-017 Page 12 of 13 10.All other provisions, standards and variations provided under the 2011 Shingle Creek Crossing PUD shall remain in effect. 11.The Developer shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. Attachments •Planning Commission Resolution No. 2013-21 •City Engineer's Review Memo — dated October 9, 2013 •Discount Tire — Architectural Plans •Discount Tire — Preliminary Engineering Plans App. No. 2013 -017 Page 13 of 13 MEMORANDUM DATE: October 9, 2013 TO: Tim Benetti, Planning and Zoning Specialist FROM: Steven L. Lillehaug, Director of Public Works/City Engineer SUBJECT: Public Works Shingle Creek Crossing 4 th Addition Preliminary Plat and Site A Plan Review Memo Public Works Department staff has reviewed the Shingle Creek Crossing 4 th Addition Preliminary Plat dated September 17, 2013 prepared by Kimley-Hom and Associates, Inc., and the 5 sheet set of preliminary plans dated August 26, 2013 for Site A (Discount Tire) prepared by Atwell. The following comments are offered relative to the above referenced submittals. They are contingent upon final plat approval and final site plan and land alteration/building permit submittal and approval. Additionally, this review only includes a review of the revisions contained within site A of Shingle Creek Crossing (not Site B). Any other site revisions on the drawings outside of this site that may be inconsistent with the previously approved PUD and amendments and have not been included as part of this review. General Items: 1.All recommendations and requirements approved as part of previous actions pertaining to all prior PUD/PUD amendment approvals Preliminary Plan approvals and Final Plat approvals relative to Shingle Creek Crossing; Shingle Creek Crossing 2 nd Addition; Shingle Creek Crossing 3'd Addition and/or portions thereof are withstanding and must be incorporated into the final plans. 2.The final plats of Shingle Creek Crossing 2 nd Addition and Shingle Creek Crossing 3'd Addition should be recorded with Hennepin County prior to any further consideration of development and/or platting approvals. Copies of the recorded plats must be provided to the City (digital PDF format). 3.All work performed and materials used for construction of utilities must conform to the City of Brooklyn Center's standard specifications and details. The City's standard details must be included in the plans. 4.Revise all plans to show the proposed Shingle Creek Crossing 4 th Addition Final Plat property lines. S. A storm water pollution prevention plan is required and was not provided for review and approval. This plan must be provided for consideration as part of this site approval. 6.The northeasterly driveway opening is excessively wide. Narrowing this opening would assist in controlling traffic movements, lessen pedestrian crossing distance and would create a safer environment. Revise layout accordingly. 7.The sidewalk layout, approach and pedestrian curb ramp on the northeast side of the southeasterly driveway is excessively skewed relative to the curb and gutter radius. The layout of this driveway and sidewalk should be redesigned with a more perpendicular pedestrian curb ramp/curb and gutter radius combination. This driveway also is excessively wide and should be narrowed, for similar reasons as discussed with the northeasterly driveway. 8.All curb and gutter must be concrete B6-12 curb and gutter. 9.Revise plan to include constructing temporary bituminous curb between sites A and B. Shingle Creek Crossing 4th Addition Preliminary Plat and Site A Plan Review Memo Page 2 October 9, 2013 10.Provide a better internal sidewalk plan that connects Site A to the overall Shingle Creek Crossing sidewalk system and adjacent sites. 11.Provide detailed vehicle turning and tracking movement diagrams for delivery vehicles and garbage trucks for the sites demonstrating specific and actual routes. 12.Revise plans to protect existing landscaping and restore the lost landscaping along Xerxes between the parking lot and the regional trail. The proposed landscape plans must be revised to include restoring the missing plants and integrating the existing landscaping with the proposed landscaping along the regional trail. 13.Increase landscaping to better screen proposed transformer and trash enclosure adjacent to the regional trail along Xerxes Avenue. 14.Provide understory landscaping plans for parking lot raised islands. 15.The final plans must be certified by a licensed engineer in the state of Minnesota and forwarded to the City Engineer for approval. 16.Upon project completion, the applicant must submit an as-built survey of the property, improvements and utility service lines and structures, and provide certified record drawings of the original plans for any associated private and/or public improvements prior to issuance of the certificate of occupancy. The survey must also verify that all property corners have been established and are in place at the completion of the project as determined and directed by the City Engineer. 17.Inspection for the private site improvements must be performed by the developer's design/project engineer. Upon project completion, the design/project engineer must formally certify through a letter that any improvements were built in conformance with the approved plans and under the design/project engineer's immediate and direct supervision. The engineer must be certified in the state of Minnesota and must certify all required as- built drawings. 18.The applicant is responsible for coordinating site demolition plans with all private utility companies (Xcel Energy, CenterPoint Energy, Qwest Communications, etc.). Preliminaiy Plat and Final Plat: 19.Rededicating and terminating certain easements are required as part of this replatting. Formal vacation documents are required and must contain easement vacation descriptions and depiction exhibits signed by a professional surveyor. A separate application is required for the easement vacation actions. 20.An updated certified abstract of title or registered property report must be provided to the City Engineer and City Attorney for review within 30 days of preliminary plat application. Additionally, this will need to stay current and be updated through the approval process as required to maintain and be current within 30 days of release of the final plat. 21.No portion of building or appurtenant structures may encroach on the City drainage and utility easement. Easements and Agreements: 22.A Performance Agreement is required that includes all conditions of the project approval, subject to the final site plan approval by the City Engineer. 23.Subdivision/Development and Declaration of Covenants and Rights Agreements are required that include all conditions of the project approval, subject to the final site plan approval by the City Engineer. Anticipated Permitting: 24. A City of Brooklyn Center land disturbance permit is required. Shingle Creek Crossing 4 1th Addition Preliminary Plat and Site A Plan Review Memo Page 3 October 9, 2013 25.A City of Brooklyn Center water and sewer connection permit is required. 26.An MPCA NPDES permit is required. 27.A MPCA sanitary sewer permit may be required. 28.A MN Department of Health water main extension permit may be required. 29.Other permits not listed may be required and are the responsibility of the developer to obtain as warranted. Prior to issuance of a Land Alteration and Building Permit: 30.Submit recorded copies of the Restrictive Covenants and Subdivision/Development Agreements. 31.Copies of all required permits must be provided to the City prior to issuance of applicable building and land disturbance permits. 32.Final construction plans and specifications need to be received and approved by the City Engineer in form and format as determined by the City. The final plan must comply with the approved preliminary plan. 33. The following "final construction plans" need to be submitted, reviewed and approved prior to issuance of a land alteration permit: a.Demolition plans b.Utility plans (disconnection, temporary connection, proposed utilities, etc.) c.Drainage plans d.Grading and permanent erosion control plans e.Site plans f.Landscaping plans g.Lighting plans h.A storm water pollution prevention plan (SWPPP) i.Phasing and sequencing plans j.Plans showing site safety fencing, access locations and haul routes 34. A letter of credit or cash escrow shall be deposited with the City in the amount of 100% of the estimated cost in the amount estimated by the developer and determined by the City to comply with land alteration requirement, site improvement, and restoration of the site. The City may incrementally reduce the amount of the surety if work is completed and accepted. 35. Provide a temporary Construction Management Plan and Agreement that addresses general construction activities and management provisions, traffic control provisions, haul routes, emergency management provisions, storm water pollution prevention plan provisions, tree protection provisions, general public welfare and safety provisions, definition of responsibility provisions, temporary parking provisions, overall site condition provisions and non-compliance provisions. The plan must be in a City approved format and must outline minimum site management practices and penalties for non-compliance. A $2,500 cash deposit will be required as part of the non-compliance provision of this agreement. Through this document, the developer and property owner will acknowledge: a.The property will be brought into compliance within 24 hours of notification of a violation of the construction management plan, other conditions of approval or City code standards. b.If compliance is not achieved, the City will use any or all of the escrow dollars to correct any deficiency and/or issue. 36. A preconstruction conference must be scheduled and held with City staff and other entities designated by the City. Shingle Creek Crossing 4 th Addition Preliminary Plat and Site A Plan Review Memo Page 4 October 9, 2013 All aforementioned items, comments and recommendations are provided based on the information submitted by the applicant at the time of this review. The site plan must be developed and maintained in substantial conformance with the referenced plans, unless modified by the staff recommended conditions above. Subsequent approval of the final plan may require additional modifications based on engineering requirements associated with final design of the water supply, storm drainage, sanitary sewer, final grading, geometric design and other design elements as established by the City Engineer and other public officials having jurisdiction over approval of the final site plans. 7171>g -11 zmnimgrxim>rn -0 0:400 11 -omnai>moo>?500ro c 9§00 -4/3 0 0 (no- m8cap0win o --r0"(or°gar>0 0 0 -0rn 99999 (f) Cfl O R5F.4,f3 mo " ATWELL 0,00,0440 Ime....10.grotA,.. WWII 61 NOM MM. MD AS. E=. ROI. 99TE 100 Dt5.1 rP-4j1L -02976 larei lanAwcaset 6 5e4 Ems, Mess 6 Easter Ts16666616stera thassecassre 7*0000rtatieet Essitsa- 541 Waste Wow 6 tleassal tesetces O iruZit>rn zm m mo•FOxi m nr -20-u ecii -Itnrr mmm th igmorm P•air=ocnr-80 0 o0 CD co co > o P 8 8 COUNT TIRE CO. XERXES AVENUE 000111BROOKLYN CENTER, MN PRELIMINARY ENGINEERING COVER SHEET II II I 11 TT 0 20222003032022329 1 1 1 gia§1 iih 4 0 ! qlugt g,;r,!-RoF lirz . 1 i I :1- P. m : v,,/iLiI iR R a ; >- ag R 1?. -.... , j , ,,/ / -.... / --// / I //, //I n -I ,. , , , , ,/ i ----,..------..*./)/ / , i , // / -------4„, // ..\,- \ \/ .„...;--; \ \ , -7, ,„,,-, \ \ , ,- ,4, ,...,s \ \// ,N- \ \ YA \ \2--\-- \ \ ,,-... \ \\ \ ,\\„--,,,- \ \ ,\<' \\\ \ ,\ \\ \ \ \ \ , \ tr-N\ HENNEPIN COUNTY, MINNESOTA 10428919 115.840CE 21 131100<1_1111 CENTER 5801011 30017 DisCOUNT -nRE CO. PSITE LAYOUT PIA" 6RWMIKNAR ENAVENUE NUEGit4EENRrR,THil RW „,RER000A CENTER, ELLow AM., ,,,,,.=7,,,af 1 r"'?17,..,,,,,,,E,7:-m-sLI r.4 ' \ 00000400102 5±2 8023 I0109092 00202580242 554 0409, 4 4 4 1 '--.-_-./ / 'vi Z..., /--- Ir 2-1-' --:;....--7------ / . •, r -'7:7----- \ / / / / -- ---'---.-- ---• iAt, , 0., / / r---7,, ---. 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RIXERXES AVENUE NORINBROOKLYN CENTER, MN PRELIMINARY ENGINEERING BROOKLYN CENTER Crn 7-1320 G.) 70 —ILI 0C rN2 CD.com I CONCEPT PLAN I DISCOUNT MRE CO XERXES AVENUE NORTH BROOKLYN CENTER MN teei Ircego,st lerel Ear.re Power la lorry Ineasavoese lecoapernowe reWoorroc=1 6 Son Waste Wraer Nan. losormem eroer e C=s0r= Sr CRAM F1,19.0■• PHASE II CONCEPTUAL DEVELOPMENT PLANS CIRCULATION EXHIBIT SHEET 10 OF 11 SHINGLE CREEK CROSSING BROOKLYN CENTER, MN HeewERN 1.01.ESOTA Commissioner Christensen introduced the following resolution and moved its adoption PLANNING COMMISSION RESOLUTION NO. 2013-21 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2013-017 SUBMITTED BY HALLE PROPERTIES, LLC AND GATLIN DEVELOPMENT COMPANY, REQUESTING THE APPROVAL OF SITE AND BUILDING PLAN FOR THE NEW DISCOUNT TIRE STORE, LOCATED ON BUILDING PAD SITE A OF THE SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT (1450 SHINGLE CREEK CROSSING) WHEREAS, Planning Commission Application No. 2013-017, submitted by Halle Properties, LL, in conjunction with Gatlin Development Company, requesting approval of a Site and Building Plan for a new 7,322 square foot Discount Tire store, to be located on Building Site A of the Shingle Creek Crossing Planned Unit Development, legally described as Lot 5, Block 1, Shingle Creek Crossing Addition, and addressed as 1450 Shingle Creek Crossing, which approval is also 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 October 17, 2013, to filly consider Planning Commission Application No. 2013-017, and reviewed and received a planning report on the proposed new Site and Building Plans for the Discount Tire store 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 A, as comprehended under Planning Application No. 2013-017, 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. 2013-21 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; 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. 2013-017 be approved subject to the following conditions and considerations: 1.Developer agrees to comply with all conditions or provisions noted in the City Engineer's Review memo, dated October 9, 2013. 2.Developer shall revise the site plans to reduce the access openings into the subject site, and revise the sidewalk layouts, approaches and pedestrian curb-ramps as recommended by the City Engineer. 3.Developer shall provide a pedestrian connector between the store property and the Xerxes Avenue trail system. Developer shall work with city staff in finalizing the design and location of this connector. 4.No construction on this Building Pad A site shall be allowed until the final plats of Shingle Creek Crossing 2 nd Addition, Shingle Creek Crossing 3rd Addition and Shingle Creek Crossing 4 t1 Addition have been filed and recorded with the Hennepin County Recorder, with evidence or receipt presented to the City proving these recordings. 5.The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 6.Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. The new trash enclosure with same building materials as those used to construct the 2 of 3 PC RESOLUTION NO. 2013-21 principal building. Additional landscaping must be installed to screen the trash enclosure from the Xerxes Avenue ROW. 7.An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 8.Site Plan approval is exclusive of all final signs on this site, including new wall (building) signs and any individual monument sign, which shall remain subject to Chapter 34 of the city ordinances, and subject to the approved (or amended) Signage Plan of the Shingle Creek Crossing PUD Agreement. 9.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. 10.All other provisions, standards and variations provided under the 2011 Shingle Creek Crossing PUD shall remain in effect. 11. The Developer shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. October 17, 2013 - Date Chair ATTEST 1?^ Secretary The motion for the adoption of the foregoing resolution was duly seconded by member Schonning and upon vote being taken thereon, the following voted in favor thereof: Chair Burfeind, Commissioners Christensen, Freedman, Morgan and Schonning. and the following voted against the same: None. whereupon said resolution was declared duly passed and adopted. 3 of 3 City Council Agenda Item No. 9c COUNCIL I EM MEMORANDUM DATE: October 28, 2013 TO: Curt Boganey, City Manager FROM: Tim Benetti, Planning and Zoning Specialist6 — THROUGH: Gary Eitel, Director of Business and Development ).' SUBJECT: Resolution Regarding the Disposition of Planning Commission Application No. 2013-022 Submitted by Avis Budget Group, Inc. for a Special Use Permit to Park and Lease Budget Rental Trucks at the Avis Rent A Car/Sears Automotive Center, Located at 1299 Shingle Creek Crossing (Formerly 1299 Brookdale Center) Recommendation: It is recommended that the City Council, following consideration of this item, adopt the Resolution Regarding the Disposition of Planning Commission Application No. 2013-022 Submitted by Avis Budget Group, Inc. for a Special Use Permit to Park and Lease Budget Rental Trucks at the Avis Rent-A-Car/Sears Automotive Center, Located at 1299 Shingle Creek Crossing (Formerly 1299 Brookdale Center) Background: On October 17, 2013 the Planning Commission reviewed Planning Commission Application No. 2013-017, submitted by Avis Budget Group, Inc. for a Special Use Permit to Park and Lease Budget Rental Trucks at the Avis Rent A Car/Sears Automotive Center, Located at 1299 Shingle Creek Crossing (Formerly 1299 Brookdale Center) Attached for review is Planning Commission Resolution No. 2013-22, in which the Commission provided a favorable and joint recommendation of the proposed Preliminary Plat approval. Excerpts from the October 17, 2013 Planning Commission meeting minutes as related to this consideration of this matter are also attached for review. Budget Issues: There are no budget issues to consider. Council Goals: Strategic Priorities: a Focused Redevelopment Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the qualitv of life for people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMM IS SION APPLICATION NO. 2013-022 SUBMITTED BY AVIS BUDGET GROUP, INC. FOR A SPECIAL USE PERMIT TO PARK AND LEASE BUDGET RENTAL TRUCKS AT THE AVIS RENT-A CAR/SEARS AUTOMOTIVE CENTER, LOCATED AT 1299 SHINGLE CREEK CROSSING (FORMERLY 1299 BROOKDALE CENTER) WHEREAS, Sears Holding Corporation is the owner of the Sears department store and Sears Automotive Center located at 1297 and 1299 Shingle Creek Crossing, respectively (the "Subject Property"), with the subject property legally described as Registered Land Survey No. 0936 of Hennepin County, MN; the subject property consists of 15.3 acres in total land area; the subject property is zoned PUD/C-2 (Planned Unit Development/Commerce); and the subject property is situated inside the Central Commerce Overlay District; and WHEREAS, on March 27, 1986, the City Council of the City of Brooklyn Center approved Planning Commission Application 86014, a special use permit to The Sears Center Companies and Budget Rent-a-Car of Minnesota to park and rent a certain amount of passenger vehicles only from the subject property, located within the Sears Auto Center at 1299 Brookdale Center (now Shingle Creek Crossing), and which is now operated and locally known as the Avis Rent-a-Car facility; and WHEREAS, Planning Commission Application No. 2013-022 submitted by Jeff Wagner, acting on behalf of Avis Budget Group, Inc. requested an Amendment to this special use permit in order to allow the parking and leasing of Budget rental trucks as part of the existing Avis Budget Group's Avis/Budget rental business in the Sears Automotive Center, located at 1299 Shingle Creek Crossing; and WHEREAS, pursuant to City Code Section 35-322 C2 (Commerce) District, Subd. 3.o, "Automobile and truck rental and leasing" is allowed only by means of a special use permit; while under City Code Section 35-2240 Central Commerce Overlay District, Subd. 2.gg, this section/subdivision provides for the following allowable uses: "Gasoline service stations, minor vehicle repairs and auto washes, trailer and truck rentals in conjunction with these uses, provided that there is adequate parking space available."; and WHEREAS, it was determined that because automobile rentals are not listed as an allowable use under City Code Section 35-2240 - Central Commerce Overlay District, the previously approved activity allowed by the special use permit approved in 1986 under Planning Application No. 86014, is hereby deemed a legal non-conforming activity and may not be expanded or amended under this specific application and approvals; and RESOLUTION NO. WHEREAS, it was further determined that because Sears Holding Corporation currently operates a "minor vehicle repair" use on the Subject Property, truck rental activities may be allowed in conjunction with this use, provided this separate special use permit is approved; and WHEREAS, the Planning Commission held a duly called public hearing on October 17, 2013, whereby a planning staff report and public testimony regarding the special use permit were received; and the Planning Commission considered the Special Use Permit request in light of all testimony received, the guidelines and standards for evaluating this special use permit contained in Section 35-220 of the City's Zoning Ordinance, and the request complies with the general goals and objectives of the City's 2030 Comprehensive Plan; and WHEREAS, upon full consideration by the Planning Commission, it determined the special use permit may be approved based upon the following findings used to evaluate special use permits: a) The establishment, maintenance or operation of the special use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. c)The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. d)Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets. e) The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. AND WHEREAS, the Planning Commission adopted Planning Commission Resolution No. 2013-022, which provides a favorable and unanimous recommendation to the City Council that Planning Application No. 2013-022, a request for special use permit to park and lease rental trucks in at the Sears Automotive Center, located at 1299 Shingle Creek Crossing, may be approved subject to certain conditions and considerations: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Planning Application No. 2013-022, as submitted by Avis Budget Group, Inc. requesting a special use permit to park and lease rental trucks in at the Sears Automotive RESOLUTION NO. Center, located at 1299 Shingle Creek Crossing, and operated under the Avis Budget Group, Inc.'s "Avis Rent-a-Car" rental business at this same location, may be approved subject to the following conditions and considerations. 1)The special use permit shall only allow the addition of no more than seven (7) new rental trucks and up to three (3) car towing dollies. No expansion or allowance for additional trucks shall be authorized unless the Owner/Applicants apply for an additional amendment to this special use. 2)Parking of the rental trucks shall be limited to the area illustrated on the aerial map noted in this report. 3)This special use permit to allow truck rentals a the subject site is only valid as long as the Sears Auto Center or any other minor vehicle repair use approved and allowed by City Code Section 35-2240 (Central Commerce Overlay ), Subd. 2.gg is operational or open for regular business. If for any reason the allowed auto repair business ceases operation or closes, the truck rental activity must also cease and all trucks must be removed from the site. 4)This special use permit approval acknowledges rental and leasing only. No sales of automobile , trucks or rental dollies or other vehicles are allowed. 5)The special use permit is subject to all applicable codes, ordnances and regulations and the conditions as noted herein and by the adopted City Council Resolution of approval. Violations thereof shall be grounds for revocation. 6)Applicant shall provide up to eight numbered and striped parking stalls to accommodate the trucks and towing trailers only. October 28, 2013 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member RESOLUTION NO. 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. APPLICATION NO. 2013-022 — AVIS BUDGET GROUP Chair Burfeind introduced Application No. 2013-022, a request for a Special Use Permit to allow Budget Rental trucks to be stored and leased from the existing Avis Auto Rental facility, located in the Sears Automotive Center building and properties (Refer to Planning Report dated 10-17- 13 on Application No. 2013-022). Mr. Benetti explained the building is owned by Sears and consists of 15.3 acres in total land area, is zoned PUD/C-2 (Planned Unit Development/Commerce) and is located inside the Central Commerce Overlay (CCO) District. He added Avis-Budget currently leases a small office/service space at the north end of the auto center building. Mr. Benetti further explained the City granted Budget Rent-A-Car a special use permit on April 7, 1986 to conduct a car rental business at the Sears Automotive Center with the following three conditions: 1)The special use permit is subject to all applicable codes, ordnances' and regulations and violation thereof shall be grounds for revocation; 2)Storage of inventory of cars for rent shall be confined primarily to the area under the canopy; and 3) Special use permit approval acknowledges rental and leasing only. No sales of automobile or other vehicles is acknowledged by this action Mr. Benetti continued by explaining that in 1992 and 1998 Budget Rent-A-Car was notified by city staff that trucks were being rented on the site and they were in violation of the original special use permit. The Planning Commission and City Council denied their request due to limited parking at the Brookdale Mall site and felt all rental vehicles should remain under the canopy as approved under the original Special Use Permit. Mr. Benetti stated the applicant indicated that no more than seven trucks would be stored and leased from this site, along with 2-3 car-dollies (used to tow vehicles behind the trucks or other personal vehicles) and parking will take place on the back side of the automotive center. He added staff does not believe allowing the additional trucks to lease and rent will be a detriment or danger to the community. Mr. Benetti explained the special use permit is only for up to seven additional trucks and only as long as Sears Auto Center is in operation. If the Sears Auto Center would close, the Special Use Permit would no longer be in effect. Commissioner Freedman stated he is hesitant about approving the application. He feels the building is already unattractive and is concerned about how the trucks will look on the site. Commissioner Schonning stated he does not see how the trucks can fit under the covered walkway since they appear to be too large. He feels the current Pep Boys site appears to be a mess and he doesn't want to move 'a mess' from one location to another. He doesn't feel this will enhance the property and is too visible from Hwy 100. PC Minutes 10-17-13 Page 5 D*R*A*F*T Commissioner Christensen stated he also has concerns and feels the area north of the canopy would be a better location for parking the trucks since he does not want them being viewed from Hwy 100. He added he doesn't want it to look like advertising with the trucks being too visible. He also wants to see the right businesses here to keep things moving forward and not backward. Commissioner Morgan stated the applicant's primary business is to rent vehicles and the trucks do provide advertising and is not uncommon. Commissioner Freedman asked if the history of non-compliance would be an issue in the future? Mr. Benetti stated if this process takes care of previous problems with the business, he would be in favor of approval since the City can enforce the Special Use Permit requirements and keep the business at one location which will be easier to manage and maintain. Commissioner Christensen stated perhaps the parking lot could be restriped to identify the exact parking spots for the rental trucks. Chair Burfeind stated he agrees with the restriping of the parking spots and would also suggest the spaces be numbered. He further stated he has concerns with one business leveraging another and asked what Sears' participation is. Mr. Benetti replied Sears agreed to allow the business through Avis and the Sears Auto Center and there has been a Special Use Permit in effect for a long time. Chair Burfeind further stated he is in favor of approval as long as the site is properly maintained. PUBLIC HEARING — APPLICATION NO. 2013-022 There was a motion by Commissioner Morgan, seconded by Commissioner Christensen, to open the public hearing on Application No. 2013-022, at 8:01 p.m. The motion passed unanimously. Chair Burfeind called for comments from the public. Jeff Wagner, Avis-Budget Group, stated he will address the Commission's concerns. O The maximum number of vehicles on site will be seven. O They prefer the vehicles to be used within the city and returned; however, when a vehicle is returned to a different site than where it was rented, they have vehicles drivers that move them to a different location. O The business formerly located at Pep Boys has closed. O The erratic parking seen at Pep Boys will not occur at this site since it will be managed by AVIS and not Pep Boys. O He suggested parking the vehicles where the cars are currently parked if that would allow them to be screened from the Hwy. O This operation is a benefit to Sears since they pay rent and it is revenue based. O Sears does the maintenance on their fleet. O Avis creates foot traffic for Sears which they need. PC Minutes 10-17-13 Page 6 D*R*A*F*T Commissioner Freedman asked about the possibility of there being more than seven vehicles parked on the site. Mr. Wagner replied the rare occasion would be after a holiday when several trucks could be returned all at once and they would get their drivers to move the vehicles immediately. He added they have significantly reduced their truck fleet nation-wide and are in the business to rent trucks, not park them. Chair Burfeind asked about their willingness to restripe the parking area. Mr. Wagner responded they would be happy to undertake that and would get in touch with Sears to get their approval. Mr. Eitel asked the applicant if they could get Sears to turn on the parking lot lights to create a more secure environment for the vehicles. Mr. Wagner responded he can't even get Sears to turn on the electricity for their own Avis sign, and feels he may have little influence to persuade Sears to turn on these lights. CLOSE PUBLIC HEARING There was a motion by Commissioner Schonning, seconded by Commissioner Christensen, to close the public hearing on Application No. 2013-022. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to the approval of the Application. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2013-22 REGARDING RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2013-022 SUBMITTED BY AVIS BUDGET GROUP, INC. FOR A SPECIAL USE PERMIT TO PARK AND LEASE BUDGET RENTAL TRUCKS AT THE AVIS RENT-A CAR/SEARS AUTOMOTIVE CENTER, LOCATED AT 1299 SHINGLE CREEK CROSSING (FORMERLY 1299 BROOKDALE CENTER) There was a motion by Commissioner Christensen, seconded by Commissioner Freedman, to approve Planning Commission Resolution No. 2013-22. Voting in favor:Chair Burfeind, Commissioners Christensen, Freedman, Morgan, and Schonning And the following voted against the same: None The motion passed unanimously. The Council will consider the application at its October 28, 2013 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. PC Minutes 10-17-13 Page 7 D*R*A*F*T mri(o BROOKLYN CENTER Planning Commission Report Meeting Date: October 17, 2013 •Application Filed: 09/18/13 •Review Period (60-day) Deadline: 11/17/13 •Extension Declared: N/A •Extended Review Period Deadline: N/A Application No. 2013-022 Applicant: Avis-Budget Group, Inc. Location: 1299 Shingle Creek Crossing Request: Special Use Permit Amendment to Allow Rental Trucks INTRODUCTION Jeff Wagner, acting on behalf of Avis Budget Group, Inc. is requesting an amendment to a previously approved Special Use Permit in order to allow the parking and leasing of rental trucks as part of the existing Avis/Budget Rental business, located in the Sears Automotive Center, located at 1299 Shingle Creek Crossing (formerly 1299 Brookdale Center). This item is being presented for review under public hearing. Notices were mailed to all registered surrounding property owners within 350-feet of the subject property. BACKGROUND The subject property is owned by Sears Holding Corporation and consists of 15.3 acres in total land area. The subject property is zoned PUD/C-2 (Planned Unit Development/Commerce) and is located inside the Central Commerce Overlay (CCO) District. The Sears Automotive Center is located near the entrance of 55 th Avenue and Xerxes Avenue, and is bounded on the west by Xerxes Avenue and on the east and southeast by T.H. 100. Avis-Budget currently leases a small office/service space at the north end of the auto center building (see photo below). The City granted Budget Rent-A-Car a special use permit on April 7, 1986, to conduct a car rental business at the Sears Automotive Center. The three conditions attached to this permit are noted as follows: App. No. 2013-022 PC 10/17/2013 Page 1 1)The special use permit is subject to all applicable codes, ordnances ' and regulations and violation thereof shall be grounds for revocation; 2)Storage of inventory of cars for rent shall be confined primarily to the area under the canopy; and 3) Special use permit approval acknowledges rental and leasing only. No sales of automobile or other vehicles is acknowledged by this action The canopy is located at the northerly side of the automotive service center building and is evident in the photo above. The canopy has space for only 14 vehicles, which are signed and reserved for rental cars only. In 1992, the car rental operation was investigated by city staff when it was discovered that trucks were being offered for lease and stored near the Budget Rental offices. A letter was sent to Budget advising them that the special use did not comprehend the storage of trucks for lease in the parking lot and that condition No. 2 of their approval limited the storage of cars for rent to be confined to an area under the canopy. The primary reason for limiting car parking to that particular location was because Brookdale Shopping Center was deficient or very limited of parking required under the City's zoning ordinance The letter required compliance by September 1, 1992; and the owners appeared to have complied with said order. In early 1998, Budget Rent-A-Car was again notified by city staff of trucks being rented on the site, in violation of the original special use permit. Budget elected to apply for an amendment to their special use permit, requesting the opportunity to park and lease rental trucks from this facility. The Planning Commission and City Council however, denied the request due to the limited amount of parking available for all uses inside the Brookdale Mall site, and the general finding that that all rental vehicles should remain under the canopy area as approved under the original SUP. ZONING ISSUES Under a PUD/C2 zoning, the underlying zoning of C2 (Commerce) provides the regulations and standards for all uses, while the CCO District provides additional regulations and standards for certain allowable uses. Under City Code Sect. 35-322 (C2 Commerce Dist.), Subd. 3.o, "Automobile and truck rental and leasing" is allowed by means of a special use permit. Under Section 35-2240 (Central Commerce Overlay ) Subd. 2.gg provides for the following allowable use: "Gasoline service stations, minor vehicle repairs and auto washes, trailer and truck rentals in conjunction with these uses, provided that there is adequate parking space available." The Central Commerce Overlay was created by the City in early 2000. Because the C2 Zone allows auto rentals by special use permit only, and the CCO does not identify this activity as an allowable use, the automobile rental business conducted by Avis at this site is considered a legal, non-conforming use or activity. City Code does not allow the expansion (even by means of a special use permit) of any non-conforming uses. Therefore, the City is revising this application submitted by Avis-Budget Group as not an amendment to the original 1986 SUP; moreover, it shall be considered a new special use to the allowable "minor vehicle repair" operated by Sears. App. No. 2013-022 PC 10/17/2013 Page 2 Recommended Locations of Truck Parking REQUEST of SUP Budget currently has approximately 2 to 8 trucks (at one time) stored at the Pep Boys auto store, located in the Brookdale Square Mall site, 5900 Shingle Creek Parkway. There is no written record of any approval granted to Pep Boys or the mall ownership allowing this activity from this site. However, it is Staffs' understanding that the use of the Pep Boys site by Budget for these larger rental trucks was considered a temporary, ancillary activity with the Pep Boys' use, with the understanding that the storage of rental trucks would occur within the screened loading area of the Pep Boys portion of the Brookdale Square strip center. At times, trucks would only be temporarily placed within the front parking lot when they were being serviced (either before or after rentals). It is also our understanding that on several occasions the City had to remind them of this condition. Most recently, another warning was issued, which resulted in city staff meeting with Mr. Wagner of Avis-Budget Group to address this issue. Mr. Wagner felt that with the overwhelming availability of parking at the Sears site today, and the desire to have both the automobile and truck rentals at one, single location, they asked to amend their original SUP once again to allow these trucks currently parked at the Pep Boys to be transferred over to this Sears site. Mr. Wagner indicated that no more than seven (7) trucks would be stored and leased from this site, along with 2-3 car-dollies (used to tow vehicles behind the trucks or other personal vehicles). Parking will take place on the back side of the automotive center. SPECIAL USE PERMIT STANDARDS Pursuant to City Code Section 35-220, Subdivision 2, the following standards must be met in order to satisfy the issuance of a special use permit: App. No. 2013-022 PC 10/17/2013 Page 3 a.The establishment, maintenance or operation of the special use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. b.The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. c.The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. d.Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets. e. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. STAFF ANALYSIS The analysis of this special use will provide responses to the five standards noted in 35-220, Subdiv. 2. a.The establishment, maintenance or operation of the special use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. The existing special use permit for the leasing of vehicles (passenger cars) has been active an in effect since 1986, with the operations and storage of vehicles limited to the area under the attached store canopy. Budget Rental attempted to amend this SUP by requesting an allowance to provide rental trucks at this same location, which was summarily rejected by the City due to perceived impacts this would have on the limited amount of parking available for Brookdale Mall. The storage and leasing of trucks at this site should not pose any threat to the general public welfare or impact the existing operations of the Sears retail store, its related auto center, or the newly redeveloped portions of the old mall site. The request is limited to seven additional trucks, which staff feels is negligible considering the amount and availability of parking at this site. The location of the truck parking will be limited to an area that is probably not used by many Sears store customers, and limits the visibility of the trucks from the roadways. Staff does not believe this SUP Amendment to allow additional trucks for lease and rental at this site (with proper placement) will be a detriment or danger to the public health, safety moral or comfort of the community, and is found to be acceptable. b.The special use will not be injurious to the use and enjoyment of other property in the App. No. 2013-022 PC 10/17/2013 Page 4 immediate vicinity for the purposes already permitted, nor substantially diminish and hilliCtir properly values within the neighborhood. The request is limited to seven additional trucks, which staff feels is negligible considering the amount and availability of parking at this site. The location of the truck parking will be limited to an area not used by many Sears store customers, due to the proximity of the parking spaces and distance from the front Sears store entries. The recommended parking location also limits the visibility of the trucks from the adjacent roadways. Staff wishes to limit this visibility on account of Ch. 34 Sign Ordinance, which prohibits commercial vehicles from being used to display a message or advertisement, as noted below: 34-140.14 Signs painted on a commercial vehicle which is parked at a commercial premise in such a manner cis to constitute a static display advertising a business, product or service to the traveling public and which is not making a pickup or delivety or being appropriately stored on the premises. These larger Budget rental trucks are very recognizable and have large scale text on the panel sides of the trucks. Even with the allowances of these additional trucks for rent, Planning Staff does not believe activity at this site would be injurious to the use and enjoyment of other properties in the immediate vicinity, nor substantially diminish and impair property values within the area. Staff therefore believes this activity is acceptable under this standard. c.The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. Planning staff is very familiar and aware of the layout and activities approved on this site. From all appearances, it does not appear that parking is no longer a "rare commodity" or in high demand on this site, and the inclusion of these additional rental trucks should not impede or impact the existing auto service center or the Sears store. More importantly, the redevelopment of the Shingle Creek Crossing does not directly involve this Sears' owned property, so any impacts or addition of this rental truck activity in or near the redevelopment areas should be nonexistent. Staff therefore believes this activity is acceptable under this standard. d.Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets. Ingress and egress into the subject site will likely take place by the main entrance drive located at the 55 th Avenue and Xerxes Avenue intersection. All parking is being provided on the back side of the Sears Auto Center/Avis Rental building, and Planning Staff has noted on the above aerial photos diagram an area recommended for the parking of these seven trucks. The main parking drive aisles should remain unaffected by the parking of the trucks at this recommended location. If the Planning Commission feels another area is more suitable for the parking of these trucks, you may make a suggestion or motion to recommend an alternate area. Staff believes this activity is acceptable under this standard. App. No. 2013-022 PC 10/17/2013 Page 5 e. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. As noted previously, the subject property is zoned C-2 (Commerce) and pursuant to City Code Sect. 35-322, Subd. 3.o, "Automobile and truck rental and leasing" is allowed by means of a special use permit. Avis/Budget Rental received a special use permit in 1986 to operate a rental facility of passenger cars only, and it appears from city records that there have not been any complaints or notices (other than those in 1996) of violations of this SUP. The addition of these limited numbers of trucks appears to be a reasonable expansion of the rental vehicle business, as these trucks are commonly used by the general public for moving and transporting personal goods and wares as needed. By maintaining personal vehicles under the canopy area and the trucks storage at the recommended parking area, Staff believes this expanded special use and the activities associated with it will conform to the regulations of the district in which is located. Staff believes this activity is acceptable under this standard. RECOMMENDATION It is the opinion of Planning Staff that the standards for this special use permit and the criterion used to measure or determine the appropriateness in allowing this special use permit have been satisfactorily addressed or will be met upon the approval of allowing this activity on this site. That being stated, Planning staff recommends the Planning Commission consider approving Planning Application No. 2013-022, which comprehends the special use amendment at the subject site, and adopt the attached Planning Commission Resolution No. 2013-22 with the following conditions: 1)The special use permit shall only allow the addition of no more than seven (7) new rental trucks and up to three (3) car towing dollies. No expansion or allowance for additional trucks shall be authorized unless the Owner/Applicants apply for an additional amendment to this special use. 2)Parking of the rental trucks shall be limited to the area illustrated on the aerial map noted in this report. 3)This special use permit to allow truck rentals a the subject site is only valid as long as the Sears Auto Center or any other minor vehicle repair use approved and allowed by City Code Section 35-2240 (Central Commerce Overlay ), Subd. 2.gg is operational or open for regular business. If for any reason the allowed auto repair business ceases operation or closes, the truck rental activity must also cease and all trucks must be removed from the site. 4)This special use permit approval acknowledges rental and leasing only. No sales of automobile , trucks or rental dollies or other vehicles are allowed. 5) The special use permit is subject to all applicable codes, ordnances and regulations and the conditions as noted herein and by the adopted City Council Resolution of approval. Violations thereof shall be grounds for revocation. App. No. 2013-022 PC 10/17/2013 Page 6 LOCATION/AERIAL MAP App. No, 2013-022 PC 10/17/2013 Page 7 i Tim Benetti From: Wagner, Jeff <jeff.wagner@avisbudget.com > Sent: Friday, October 11, 2013 9:19 AM To: Tim Benetti Cc: Kandravi, Joseph Subject: RE: Avis Budget Car Rental @ Sears Good Morning Tim — the numbers below haven't changed dramatically. We would likely have no more than 7 trucks and a couple of pieces of towing equipment at any time. Since we began discussions with you, we have dramatically reduced our truck fleet size throughout the country, which would equate to fewer trucks idle at this or any other location. So, that said —7 would be the max. I look forward to seeing you next week. Jeff From: Tim Benetti [mailto:tbenetti@ci.brooklyn-center.mn.us] Sent: Friday, October 11, 2013 9:16 AM To: Wagner, Jeff Cc: Kandravi, Joseph Subject: RE: Avis Budget Car Rental © Sears Jeff: can you confirm for me how many trucks you plan to store or offer for rent on the Sears site? My notes from a previous meeting with you and Joe Kandravi — it was stated " Seven trucks at most... with some car dollies." Let me know total number of trucks and dollies please. Thanks. Tim Benetti Planning & Zoning Specialist City of Brooklyn Center, MN PH: (763) 569-3319 / FAX (763) 569-3360 EMAIL: tbenetti@ci.brooklyn-centermn.us From: Wagner, Jeff [mailtoleff.wagner(@avisbudget.com ] Sent: Monday, September 23, 2013 4:03 PM To: Tim Benetti Subject: RE: Avis Budget Car Rental © Sears Thanks for the reply Tim — I will be at the meetings. Jeff From: Tim Benetti [mailto:tbenettKaci.brooklyn-center.mn.us] Sent: Monday, September 23, 2013 2:20 PM To: Wagner, Jeff Subject: RE: Avis Budget Car Rental © Sears Good Afternoon Jeff: yes- we have you still on for the Oct. 17 th Planning Commission meeting and Oct. 28 th Counicl meeting. Notices will probably go out in a few days; my report will be completed by Oct. 11 th . Copies will be provided. 1 U ( Sears & Sears Auto FON . • .•••••• -.••• 6• \'‘ • Alen Commissioner introduced the following resolution and moved its adoption PLANNING COMMISSION RESOLUTION NO. 2013-22 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2013-022 SUBMITTED BY AVIS BUDGET GROUP, INC. FOR A SPECIAL USE PERMIT TO PARK AND LEASE BUDGET RENTAL TRUCKS AT THE AVIS RENT-A CAR/SEARS AUTOMOTIVE CENTER, LOCATED AT 1299 SHINGLE CREEK CROSSING (FORMERLY 1299 BROOKDALE CENTER) WHEREAS, Sears Holding Corporation is the owner of the Sears department store and Sears Automotive Center located at 1297 and 1299 Shingle Creek Crossing, respectively (the "Subject Property"), with the subject property legally described as Registered Land Survey No. 0936 of Hennepin County, MN; the subject property consists of 15.3 acres in total land area; the subject property is zoned PUD/C-2 (Planned Unit Development/Commerce); and the subject property is situated inside the Central Commerce Overlay District; and WHEREAS, on March 27, 1986, the City Council of the City of Brooklyn Center approved Planning Commission Application 86014, a special use permit to The Sears Center Companies and Budget Rent-a-Car of Minnesota to park and rent a certain amount of passenger vehicles only from the subject property, located within the Sears Auto Center at 1299 Brookdale Center (now Shingle Creek Crossing), and which is now operated and locally known as the Avis Rent-a-Car facility; and WHEREAS, Planning Commission Application No. 2013-022 submitted by Jeff Wagner, acting on behalf of Avis Budget Group, Inc. requested an Amendment to this special use permit in order to allow the parking and leasing of Budget rental trucks as part of the existing Avis Budget Group's Avis/Budget rental business in the Sears Automotive Center, located at 1299 Shingle Creek Crossing; and WHEREAS, pursuant to City Code Section 35-322 C2 (Commerce) District, Subd. 3.o, "Automobile and truck rental and leasing" is allowed only by means of a special use permit; while under City Code Section 35-2240 Central Commerce Overlay District, Subd. 2.gg, this section/subdivision provides for the following allowable uses: "Gasoline service stations, minor vehicle repairs and auto washes, trailer and truck rentals in conjunction with these uses, provided that there is adequate parking space available."; and WHEREAS, it was determined that because automobile rentals are not listed as an allowable use under City Code Section 35-2240 - Central Commerce Overlay District, the previously approved activity allowed by the special use permit approved in 1986 under Planning Application No. 86014, is hereby deemed a legal non-conforming activity and may not be expanded or amended under this specific application and approvals; and WHEREAS, it was further determined that because Sears Holding Corporation currently operates a "minor vehicle repair" use on the Subject Property, truck rental activities may be allowed in conjunction with this use, provided this separate special use permit is approved; and WHEREAS, the Planning Commission held a duly called public hearing on October 17, 2013, whereby a planning staff report and public testimony regarding the special use permit were received; and WHEREAS, the Planning Commission considered the Special Use Permit request in light of all testimony received, the guidelines and standards for evaluating this special use permit contained in Section 35-220 of the City's Zoning Ordinance, and the request complies with the general goals and objectives of the City's 2030 Comprehensive Plan; and WHEREAS, upon full consideration by the Planning Commission, it determined the special use permit may be approved based upon the following findings used to evaluate special use permits: a) The establishment, maintenance or operation of the special use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. The establishment of the special use will not impede the normal and orderly development and improvement of sunounding property for uses permitted in the district. d) Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center does hereby recommend to the City Council that Planning Application No. 2013-022, submitted by Avis Budget Group, Inc., requesting a special use permit to park and lease rental trucks in conjunction with the Sears Automotive Center, located at 1299 Shingle Creek Crossing, and operated under the Avis Budget Group, Inc.'s "Avis Rent-a-Car" rental business at this same location, may be approved subject to the following conditions and considerations: The special use permit shall only allow the addition of no more than seven (7) new rental trucks and up to three (3) car towing dollies. No expansion ATTEST:, or allowance for additional trucks shall be authorized unless the Owner/Applicants apply for an additional amendment to this special use. 2) Parking of the rental trucks shall be limited to the area illustrated on the aerial map noted in this report. This special use permit to allow truck rentals a the subject site is only valid as long as the Sears Auto Center or any other minor vehicle repair use approved and allowed by City Code Section 35-2240 (Central Commerce Overlay ), Subd. 2.gg is operational or open for regular business. If for any reason the allowed auto repair business ceases operation or closes, the truck rental activity must also cease and all trucks must be removed from the site. 4)This special use permit approval acknowledges rental and leasing only. No sales of automobile , trucks or rental dollies or other vehicles are allowed. 5)The special use permit is subject to all applicable codes, ordnances and regulations and the conditions as noted herein and by the adopted City Council Resolution of approval. Violations thereof shall be grounds for revocation. 6) Applicant shall provide up to eight numbered and striped parking stalls to accommodate the trucks and towing trailers only. October 17, 2013 Date Chair The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Freedman and upon vote being taken thereon, the following voted in favor thereof: Chair Burfeind, Commissioners Christensen, Freedman, Morgan and Schonning. and the following voted against the same: None whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 10a COUNCIL ITEM MEMORANDUM DATE: October 28, 2013 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk I*A14""*4- SUBJECT: Type IV 6-Month Provisional Rental License for 5563 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 5563 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 new rental license. This property qualifies for a Type IV provisional rental license, based on nine 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: 05-24-2013 The Owner, Sarah Beck, applied for an initial rental dwelling license for 5563 Humboldt Ave N, a single-family residential property. 05-31-2013 An initial rental inspection was conducted. (Nine property code violations were cited, see attached rental criteria) 07-10-2013 The Owner, Sarah Beck, requested additional time to complete the corrections. 08-13-2013 A second rental inspection was conducted and failed. A $100 reinspection fee was charged to the property. 08-23-2013 A follow-up rental inspection was conducted and passed. The $100 reinspection fee was paid. 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 09-04-2013 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. 09-24-2013 A Mitigation Plan was submitted. 09-30-2013 The Mitigation Plan was finalized. 10-18-2013 A letter was sent to the owner notifying that the hearing before the Council will be held October 28, 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 tenns 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 perfoimance 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 0-1Type I — 3 Year 1-2 units 3+ units 0-0.75 Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit 1-2 units :3+ units 1-2 units 3+ units Greater than 1 but not more than 4 Greater than 0.75 but not more than 1.5 Greater than 4 but not more than 8 Greater than 1.5 but not more than 3 Type II— 2 Year Type III — 1 Year Type IV —6 Months 1-2 units 3+ units Greater than 8 Greater than 3 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: O At least 75% of units will be inspected for properties with 15 or less units. O At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. 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 -2 0-1 3-4 units0-0.25 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 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: o 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 LJ.23•111•11•Im____ANI111111111.11BRIM69 -_, Phone: 763-569-3300 TTY 711 Fox: 763-569-3360 www.cityofbrooklyncentenorg Rental License Mitigation Plan--Type IV Rental License Handwritten plans will not be accepted. Please type or use finable form on City website. —See (ion : A— Property Information Property Address :556r, Humboldt0 n Ave N Owner, Name:Sarah Beck Local Agent: Owner Address: 8507 S Mablebrook Circle Agent Address: • .Owner Phone:.612-310-9052 Agent Phone: Owner Email: a umiebeck@gmail.corn Agent Email: Rental License: I I New 1 I Renewal: Current *Pending (Six months Lieense.Expiration Date: Type IV License Exp. Date: from currenl license expir at ion) Based on property conditions and/or validated police nuisance incidents, the above referenced property qualifies for a Type IV Rental License. Before your license application can be considered by the City Council, a Mitigation Plan must be completed and reviewed by City staff. A fully completed Mitigation Plan must be submitted immediately to ensure timely completion of the license application process. The Mitigation Plan should indicate the steps being taken to correct identified violations and the measures that will be taken to ensure ongoing compliance with City Ordinances and applicable Codes. The Mitigation Plan provides an opportunity to review property concerns and identify possible solutions to improve the overall conditions and management of the property. NOTICE: Time is Running Out--You must TAKE ACTION NOW in order to meet all the city ordinance and Mitigation Plan requirements within this *pending license period and avoid legal actions. Section B—.. Required Dpenments Submit the following documents with the Mitigation Plan for approval: 1 11 Crime Free Housing Program Training Certificate (if completed, if not completed, please include scheduled date in Section C. 1 1 2 Copy of Lease including Minnesota Crime Free llotising Lease Addendum 3. Submit written report by 10 th of each month (after license approval).1 Section C— Crime Free Housing Program Requirements el I. Use written lease including Crime Free Housing Lease Addendum. 2. Conduct criminal background check for all prospective tenants. Provide documentation to City if requested. [ I i 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 4, Attend City appowed eight Ixtur Ctitne Hee llothiikteunt-ie. CoIlise COMph:10:1: n 1).1W COVINV SCI)Vatiled' 1 0T•3 3 1 For propertiei with film or more tothv 1 ,.k. III CiNltittet i.esliten: 0 a inim. iior1112, ihm in,- lode-, ii ii fire ST1114111 le.:hniques, I will hold rular otiidetit rn:etingt. na5rti Phu' Cstilpl4h.".!ieetnityA.s'se..-srneo ond implcohtat oll $zetirity implos,coscoli rk.v.oromendetl by Ile: itrooklyn Center 11(e. f)eptirtnienl, Dare Sklu1.i. 10(4113 Inip-ovcrn;:las Ic t ompl(1c-d t1:p.: 30 days _Phase III L,/ I I will ;mend i rnitiblIttin fO`;-..) of the ARM ozetitio It is ts) I will attend tio ARM rumbles .t.t -Mitred fol. l'2,-4,11 1 Do th-..-te It tiet ,elit4.: dates occur- hefore the *Pcitthog 6i1.-< I)" Hc.m.kt^ piralio)1 i-121j/ Li No (4 Si-e So r/i.-.0 illIt 00, ?,rita ss ill only Ite tible to qualify for A Type IV Rental Lievitw- upon renew31. have no repeat ol viiiIlicn s vioirI rt...:.'etiQtsteci within the retst year. Ss'er.tirsit 1),.— 1 Tprm etti-iitn1 .• an cort-litiOn .f.s.nri age, estirralei repLvinent dates :Ire provide-d for contriroa capital iterni. l'untliart t hold h ciNtsidcreci ac<T.,r(lingly. I !olives-en items broken, worn or in prior to the estimated teplertnent date i3l require c.oriier eon ons _ Dale I rot ReplackA - Csiinia"le(1 — Rep!JcemeM Date 4^2010 Water I leater-..._ 2f.OD Kitchen Aptliialtes- 2014 LaUtYitV t.,*;`,12 ?NO FAterlor -PAirrt6iditig, fmcia. trim. .. , ... _ ......... ___ ...._,...„...._______. -Roof "-• , „-„— ZOO n10 &m.? 2,142 NJ .1)1 iNV:Vt I 4S 1,.ti !..>11..ejtlie Al artviN (rnt011 hi01)0 Nide ALI MS OthNtS) Sect iu 7.11iTg to hapro've* Manageiat4it arid Coaditians.of Propertv • _ 111Zi, 1o1}o i -i pt I niiii!kV Mat til'). 11u r p ro p,:ri y . By (-heeling ihe /lave% Mow, orr agree fo,. I dny_c, {M 7• Drive by pitsiv4.:ny to s.tvel.: le.: violations !nice ri trnvith, Pa;s: type le/ telititt.tt ion Plan lie., 11-16-1 I 4/ II ?/roAT. Date -P-4A----cm unity Standards Department / Title For City I Isc-Alitittation Plan Approved By: Police Department / Title 1E1 9 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.: J as Corp 8.I am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other financial claims due to the City. 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 le 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. Sarah Beck Owner or Agent Name and Title (Please Print) 9/17/2013 Owner or Agent Signature Date Additional Owner or Agent Name and Tide (if applicable) (Please Print) Additional Owner or Agent Signature Of applicable,) Date Page 3 Type IV Mitigation Plan Rev 11-16 -11 City Council Agenda Item No. 10b COUNCIL ITEM MEMORANDUM DATE: October 28, 2013 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk IKvtitidt°44- SUBJECT: Type IV 6-Month Provisional Rental License for 5500 Bryant 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 5500 Bryant Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. The previous rental license was a Type I rental license. This property qualifies for a Type IV provisional rental license based on 17 property code violations (4.25/unit) 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: 05-01-2013 The Owner, Brad Notenberg (N & G Properties), applied for renewal of the rental dwelling license for 5500 Bryant Ave N, a one building, four unit property. 06-10-2013 An initial rental inspection was conducted. 17 property code violations (4.25/unit) were cited, see attached rental criteria. 08-05-2013 A second rental inspection was conducted and passed. 08-05-2013 City records indicate one validated police incident/nuisance calls occurred in the past twelve months. (Theft from auto on 4-13-13.) 08-07-2013 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental 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 08-28-2013 07-31-2013 09-10-2013 10-09-2013 10-18-2013 license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 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 previous rental license expired. 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 28, 2013. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. 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 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for people and preserves the public trust COUNCIL ITEM MEMORANDUM seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy — Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Type I —3 Year 0-1 0-0.75 Greater than 1 1-2 units 3+ units Type 11-2 Year Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit Greater than 0 75 but not more than 1.5 but not more than 4 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. 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 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: • Vibrant Neighborhoods Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for people and preserves the public trust City of Brooklyn Center Phone: 763-569-3300 TTY 711 001 Shingle Creek Parkway Foxy 763-569-3360 Brooklyn Center, MN 55430-2499 www.cityofbrookiyncenter.org 11111118011■1111111•1= , Handwritten plans will not he accepted: Please type or use fillable form on City website. Rental License Mitigation Plan—Type IV Rental License _ Section A— Property Information Property Address:5500 Bryant Ave N OwnerNaine: N & G Financial LLC Local Agent: —Owner Address: 3450 Lexington Ave N #100 Shoreview MN 55120 Agent Address: Owner Phone: 65'1-528-5026 Agent Phone: .Owner Email: dgilbertmn©gmail.com Agent Email: Rental License: New Sii Renewal: Current *Pending (Six months License Expiration Date: 7131 /2°13 Type TV License Exp. Date: \I 31 rt A' from current license expiration) Based on property conditions and/or validated police nuisance incidents, the above referenced property qualifies For a Type IV Rental License. Before your license application can be considered by the City Council, a Mitigation Plan must be completed and reviewed by City staff. A fully completed Mitigation Plan must be submitted immediately to ensure timely completion of the license application process. The Mitigation Plan should indicate the steps being taken to correct identified violations and the measures that will be taken to ensure ongoing compliance with City Ordinances and applicable Codes. The Mitigation Plan provides an opportunity to review property concerns and identify possible solutions to improve the overall conditions and management of the property. NOTICE: Time is Running Out—You must TAKE ACTION NOW in order to meet all the city ordinance and Mitigation Plan requirements within This *pending license period and avoid legal actions. Section 13— Required Documents Submit the following documents with the Mitigation Plan for approval: f 1 1 I Crime Free Housing Program Training Certificate (if completed, if not completed, please include scheduled date in Section C.i , n I if 11 2 Copy of Lease including Minnesota Crime Free I lousing Lease Addendum 1 I 3. Submit written report by le of each month (after license approval), Section G- Crime Free Housing Program Requirements Plate !F i I 1. Use written lease including Crime Free Housing Lease Addendum.1 ,/ 1 2. Conduct criminal background check for all prospective tenants. Provide documentation to City if requested. 1 I 1 3 Pursue the eviction of tenants who violate the tenns of the lease or any addendums. Page 1 Type IV Mitigation Plan Rev 11-16-11 1E11 4. Attend City approved eight hour Crime Free Housing course. Date Comae Completed: 9110/2013 or Date Course Scheduled: Phase Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. Date Scheduled: 812012013 improvements to be completed by: 9/30/2013 Phase HI111 I will attend a minimum of 50% of the ARM meetings (two). I will attend the ARM meetings scheduled for: evpt12th • & NOV (41h Do these two meeting dates occur before the *Pending Type Inicense expiration date? LJ Yes No (*See Section A) If no, you will only be able to qualify for a Type IV Rental License upon renewal. I will have no repeat code violations previously documented within the past year. For properties With four or more I will conduct resident training annually that includes crime prevention techniques. I will hold regular resident meetings. Section D Long Term Capital Improvements Plan Based on condition and age, estimated replacement dates are provided for common capital items. Funding should be considered accordingly. However, items broken, worn or otherwise in violation prior to the estimated replacement date will re Quire earlier corrections. Date Last Replaced Estimated Replacement Date Furnace/AC-2008 2030 Water Heater-2008 2020 Kitchen Appliances-2008 2020 Laundry Appliances -2008 2020 Exterior -Paint/Siding, fascia, trim 2008 2030 -Windows 2008 2050 -Roof 2008 2040 -Fence NA -Shed NA -Garage NA -Driveway 2013 2040 -Sidewalks 1990 EST 2020 Smoke Alarms & Carbon Monoxide Alarms 2013 2014 Other(s) Section E Steps to Improve Management and Conditions of Pro ae Implementing the following best practices may assist in the management of your property checking the boxes below, you agree to: 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 1146-11 fric City. Pla,a Appro •ee By: ide(10 Dat 1 6 /8 0 Date blite Department !Title unity Standards Department / Title 3 Evict tenants in violation of the lease and all addendurns. 4 Provide lawn/snow service. 5. Provide garbage service. RZ71 6. Install security system. 7. Provide maintenance service plan for appliances. Name of service co.: 1Li II 8. I am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other financial claims due to the City. Other(s): Please read thoroughlyI 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. LL C Owner or Agent Name and Title (Please Print) 9o 157/0.' /Lt. er r Agent Signature //61/ 3 Date Additional Owner or Agent Name and Title (if applicable) (Please Print) Additional Owner or Agent Signature (ijapplicable) Date Page 3 Type IV Mitigation Plan Rev 11-16-11 City Council Agenda Item No. 10c COUNCIL ITEM MEMORANDUM DATE: October 28, 2013 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk AnuraiNt. SUBJECT: Type IV 6-Month Provisional Rental License for 5820 Logan 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 5820 Logan 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 III rental license. This property qualifies for a Type IV provisional rental license based on 10 property code violations found during the initial rental license inspection and zero 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: 05-24-2013 The Owner, Famaz Toussi, applied for renewal of the rental dwelling license for 5820 Logan Ave N, a single family dwelling. 07-12-2013 An initial rental inspection was conducted. Ten property code violations were cited, see attached rental criteria. 07-31-2013 The previous rental license expired. 08-27-2013 A second rental inspection was conducted and failed. A $100 reinspection fee was charged to the property. 09-03-2013 A follow up inspection was conducted and passed. 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 09-03-2013 City records indicate zero validated police incident/nuisance calls occurred in the past twelve months. 09-11-2013 The $100 reinspection fee was paid. 09-17-2013 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. 10-04-2013 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 10-08-2013 A Mitigation Plan was submitted. 10-09-2013 The Mitigation Plan was finalized. 10-18-2013 A letter was sent to the owner notifying that the hearing before the Council will be held October 28, 2013. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The teims 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 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for people and preserves the public trust COUNCIL ITEM MEMORANDUM approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy — Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 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 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: 0 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 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 1-2 0-1 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust 3-4 units 5 or more units 1-2 3-4 units 5 or more units 0-0.25 0-0.35 Greater than 1 but not more than 3 Greater than 0.25 but not more than 1 Greater than 0.35 but not more than 0.50 Impact Decrease 1 Category Decrease 2 Categories 9111 011111111111 SiI II 1 I= 1-2 3-4 units 5 or more units Greater than 3 Greater than 1 Greater than 0.50 COUNCIL ITEM MEMORANDUM Budget Issues: There are no budget issues to consider. Strategic Priorities: • Vibrant Neighborhoods Attachment - 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 554302199 111•110111i1111•111111K:=2,3ar!.: 'Limit • - - Phone: 763-569-3300 TTY 711 Fax: 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 00 website. :SeetiOn A—. Property InformatiOa Pro p erty Add "s.s: 5820 LOGAN AVE NORTH, BROOKLYN CENTER, MN 55430 Ownel-Name FARNAZ TOUSBI Local Agent: Owner Address: 513 ERIE ST SE, MPLS, MN 55414 Agent Address: Owner Phone: (612)501-5712 Agent Phone: Owner Email: shahbab@msn.com Agent Email: Rental License: i New I 1 Renewal: Current *Pending Six months License Expiration Date: 07/31/2013 Type IV License Exp. Date: 9 1 /3 4 /2014 irr am current license exoiration Based on property conditions and/or validated police nuisance incidents, the above referenced property qualifies for a Type IV Rental License. Before your license application can be considered by the City Council, a Mitigation Plan must be completed and reviewed by City staff. A fully completed Mitigation Plan must be submitted immediately to ensure timely completion of the license application process. The Mitigation Plan should indicate the steps being taken to correct identified violations and the measures that will be taken to ensure ongoing compliance with City Ordinances and applicable Codes. The Mitigation Plan provides an opportunity to review property concerns and identify possible solutions to improve the overall conditions and management of the property. NOTICE: Time is Running Out--You must TAKE ACTION NOW in order to meet all the city ordinance and Mitigation Plan requirements within this *pending license period and avoid legal actions. spticko -- B- Required Documents.-_. . Submit the following documents with the Mitigation Plan for approval: I I Crime Free Housing Program Training Certificate (if completed, if not completed, please include scheduled date in Section C. 2.Copy of Lease including Minnesota Crime Free Housing Lease Addendum 3.Submit written report by 10 th of each month (after license approval). I 1 I 1 I. 1 SeetiOn'.0,-'Ciime:Free Rousing Prorain Requirements Phar I 1.Use written lease including Crime Free Housing Lease Addendum. 2.Conduct criminal background check for all prospective tenants. Provide documentation to City if requested. I 3 Pursue the eviction of tenants who violate the terms of the lease or any addendums. I i I I 1 I I 1 Page 1 Type IV Mitigation Plan Rev 11-16-11 •,-. Date Last Replaced Estimated Replacement Date Furnace/AC-11/14/2005 11/14/2025 Water Heater-0511012010 05110/2022 Kitchen Appliances-03/20/2011 03t2012021 Laundry Appliances-NA NA Exterior -Paint/Siding, fascia, trim 05/20/2012 e2011..k'r -Windows 03/1011999 03/10/2019 -Roof 04/1212010 04/12/2040 -Fence NA NA -Shed NA NA -Garage •NA NA -Driveway 09/10/2013 09/10/2023 -Sidewalks NA NA Smoke Alarms & Carbon Monoxide Alarms 04112/2012 04/1212022 Other(s) Section E — Steps to Improve Management and Conditions of Property Implementing the following best practices may assist in the management of your property. By checking the boxes below, you agree to: I Check in with tenants every 30 days. 2. Drive by property to check for violations twice a month. 11 / I11 ,1 1 4. Attend City approved eight hour Crime Free Housing course. Date Course Completed: or Date Course Scheduled: 12 • 0 240 1 3 Phase II Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. Date Scheduled: This has already been done. Improvements to be completed by: Done Phase IH I will attend a minimum of 50% of the ARM meetings (two). I will attend the ARM meetings scheduled for: 11114/2013 & 0110912014 Do these two meeting dates occur before the *Pending Type IV License expiration date? *Yes 1- No (*See Section A) If no, you will only be able to q uality for a Type IV Rental License upon renewal. I Will have no repeat code violations previously documented within the past year. For properties with fonr or more units: I 1 I will conduct resident training annually that includes crime prevention techniques. I will hold regular resident meetings. Section D Long Term Capital Improvements Plan Based on condition and age, estimated replacement dates are provided for common capital items. Funding should be considered accordingly. However, items broken, worn or otherwise in violation prior to the estimated replacement date will re uire earlier corrections. Page 2 Type IV Mitigation Plan Rev 11-16-11 3 4. 5, HZ:3 6. 1E11 Bui mg t i m nity Standards Department Title Owner or Agent Si ure Date i/t.wie wner or Agent Name and Title (if applicable) (Please Print)Additio Additional Owner or Agent Signature (if applicable) Date Page 3 Type IV Mitigation Plan Rev 114641 Evict tenants in violation of the lease and all addendums. Provide lawn/snow service. Provide garbage service. Install security system.Center point Energy 7. Provide maintenance service plan for appliances. Name of service co.: 1 1 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.11 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 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. AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION October 28, 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.Council Request for Rental Licensing Statistics 2.Review of Proposed Amendment to Tax Increment District 3 Budget and Sales of a Tax Increment Bond 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.Garbage Hauler — Minnesota Pollution Control Agency (MPCA) Presentation Parking Lot Issues 1. Joint Meeting with Chatter Commission Work Session Agenda Item No. 1 CITY OFBROOKLYN CENTER A,„woo* imar lir A GREAT PLACE TO START, A GREAT PLACE TO STAY ww.cityofbrooklyncentenorg 1 SO DATE: October 28, 2013 TO: Curt Boganey, City Manager FROM: Sharon Knutson, pity Clerk Vickie SchleuningVAssistant City Manager/Director of Building & Community Standards RE: Council Request for Rental Licensing Statistics At the City Council Meeting on September 23, 2013, the City Council requested information about the number and types of rental licenses issued since the new performance-based rental program was implemented. Staff from Administration and Building & Community Standards gathered the following statistical information for your review. Overall, the performance-based rental licensing program is achieving the original goals. Both incentives and enforcement tools are incorporated into the program. Rental properties have achieved higher performance and subsequently higher rental license categories than originally projected. Please let us know if you have questions. Total Number of Licensed Rental Properties As of October 8, 2013, the total number of rental licenses in progress is 863, which includes 63 new pending and 197 in the renewal process. . Total kiiiiilliiin January 1, 2008 Number of Licensee Ren al - operties Single Multifamily Total Percentag Ilyau. plex Difference.laba.-• 287 -75 362 January 1, 2009 321 -75 396 9.39 January 1, 2010 489 75 564 42.42 January 1, 2011 478 72 550 -2.48 January 1, 2012 569 71 640 16.36 January 1, 2013 700 69 769 16.77 October 4, 2013 738 74 812 5.59 *Does not include pending licenses- typically 40-70 additional properties Multi-family includes one license per property- not per building or unit Page 1 of 4 31% 17% 1-2 units 3+ units 2215 ( 2%)( 3%) 772757 Active Rental Licenses by Type & Distribution (Does not include expired pending or pending) 10/15/2012 09/25/2013 etted Distribution Rental Property di ions in 2040 •Rental Type Type l- 3 Year Type II- 2 Year 322 (43%)335 (43%) 355 (47%)336 (44%) 1-2 units 16-17% 3+ units 1-2 units 33-35% 3+ units Type III- Year 79 (10%)65 ( 9%) Type IV- 6 Months Total 1-2 units <30% 3+ units 22% *Based on Survey Results rLY_IcW,-cv. gIVJ JAINg ILIJ Tx colo Active Rental License by Type and Distribution Active rental licenses mean the number of rental licenses active and valid at any specific time. For example a Type I (3 year rental license) may be issued in 2010; however it will remain active through 2011 and 2012. This information reflects the distribution of active rental license types at the given point of time. This does not include new pending or expired licenses in the renewal process. In order to obtain the distribution with our licensing database, a specific point of time has to be used. Page 2 of 4 ..,--Rental Type l- 3 Year ',—Rental Type III- 1 Year Rental Type II- 2 Year ..—=Rental Type IV- 6 Months Rntal cense •1 - 9/2013 (3 mos.) Total Type I- 3 Year Type II- 2 Year Type III- 1 Year Type IV- 6 mos. Total 91 (39%) 105 (45%) 98 (47%) 59 (42%) 98 (42%) 67 (59%) 17 (7%) 40 (19%) 40 (29%) 51(22%) 13(12%) 237 233 209 140 236 113 185 103 (43%) 102 (43%) 24 (10%) 8 (3%) 20 (9%) 10 (5%) 23 (16%) 52 (22%) 9 (8%) 332 529 122 1,168 Rental Licenses Issued per 6 Month Period Rental License Ossued 150 1/2011 - 7/2011 - 1/2012 - 7/2012 - 01/2013 - 6/2011 12/2011 6/2012 12/2012 6/2013 % of Rental License 80% 60% 40% 20% 0% 1/2011 - 7/2011 - 1/2012 - 7/2012 - 01/2013 - 7/2013 - 6/2011 12/2011 6/2012 12/2012 6/2013 9/2013 -=()=Rental Type 1-3 Year -411— Rental Type II- 2 Year Rental Type III- 1 Year —X— Rental Type IV- 6 Months Issued Rental Licenses by Type This information depicts the total number of rental licenses issued in the six month time period. A property may have multiple licenses issued within a year. I.e. A rental property could have up to three six-month licenses issued within six months. Page 3 of 4 Type IV Rental License Analysis The new performance-based rental program licenses were issued beginning June 28, 2010. The following information was gathered through October 3, 2013 related to rental properties issued Type IV rental licenses, their status, and subsequent changes. The total number of Type IV rental licenses issued is 155, which includes 128 first-time Type IV licenses and 27 that were either issued for a second, third, fourth or fifth time. Of the 128 properties issued Type IV rental licenses for the first time, 63% of the properties issued received a better license type after the first Type IV license and Mitigation Plan process or are no longer a rental property. Additional details are provided below: •5 properties were foreclosed or sold to a new owner (4%) •17 not yet expired (13%) •12 pending renewal (9%) •30 moved to Type I (23%) •33 moved to Type 11 (26%) •13 moved to Type III (10%) •19 continued Type IV (15%) Of the 19 continued Type IV rental licenses, the following information provides details about the rental property after the second Type IV license period expired: •4 were pending renewal •5 moved to Type I •4 moved to Type II •2 moved to Type III •4 continued Type IV o 6101 Xerxes Ave N — issued Type IV 3 times and now Type I o 6116 Aldrich Ave N — issued Type IV 3 times and now Type II o 4200 Lakebreeze Ave — issued Type IV 4 times and now Type III o 5715 Emerson Ave N — issued Type IV 5 times and expires 11/30/13 •2 properties (7143 France Ave N and 6765 Humboldt Ave N) received Type IV rental licenses twice; however, not consecutively. (I.e. 7143 France Ave N was issued a Type IV on 01/09/12, a Type III on 06/25/12, a Type IV on 05/13/13, and Type II on 09/23/13) Page 4 of 4 Work Session Agenda Item No. 2 MEMO NDUM - COUNCIL WO SESSION DATE: October 28, 2013 TO: Curt Boganey, City Manager FROM: Gary Eitel, Director of Business & Development SUBJECT: Review of the Proposed Amendment to the Tax Increment District 3 Budget and Sales of a Tax Increment Bond Recommendation: Tom Denaway, Analyst within the Management Consulting Services of Springsted Incorporated, the City's Financial Consultant, will have a power point presentation on their analysis on the attached amendment to the Tax Increment District No. 3 Plan. David MacGillivray, Principal with Springsted Incorporated, will be present to review the proposed sales of Tax Increment Revenue Bonds to fund the EDA's acquisitions of properties within the Opportunity Site and Brooklyn Boulevard Corridor. The purpose of this work session item is to inform and prepare the City Council for the November 12 th public hearing on the amendment to TIF District No. 3 and the November 25 th TIF Bond Sales.. No formal action is required. Background: On December 19, 1994, the City Council adopted Resolution No. 94-273, which established Tax Increment District 3, a scattered site redevelopment district comprised of 242 parcels. On April 28, 1997, the City Council conducted a public hearing to consider two amendments to this Tax Increment District: Modification No. 1 removed the following 6 properties from the district ( Summerchase Apartments, Brookdale Parking lot, Kohl's, Brookdale Mall, Penny's Auto, and Sears, as a result involving a reduction of their property values by $20 M. The medication also included an administrative adjustment moving the $1M contingency line item to a $1M Administrative, Legal, Engineering and Consulting Fees. Modification No. 2 included the aforementioned 6 properties into the TIF 3 District with their adjusted valuations added to the Districts base valuation. The City Council adopted Resolution No. 1997-76 which approved both Modifications. On November 8, 2004, the EDA considered Modification No. 3, an administrative adjustment to the Budget including the following: - Line items relating to Bonding Authority provided in the TIF Plan were included in the budget: o :bond principal payments $29,000,000 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust MEMO ' ANDUM COUNCIL WO I SESSION 0 Bond interest payments $20,000,000 Land Acquisitions were increased from $15 M to $19.2 M -Public Works/Storm Sewer was reduced from $3.5 M to $3 M -Site Improvements/Site Preparation was increased from $1M to $3.842572 M Public Parking was increased from 0 to $2M -Loan Principal Payments was increased from 0 to $1M -Loan Interest Payments was increased from 0 to $281,428 Admin„ Legal, Engineering, consulting fees were reduced from $2.9 M to $1.7 M -Housing Development Account remained at $ 5M -Contingency was increased from 0 to $1 M Other — Increment Refund was increased from 0 to $376,000 The overall adjustments to the line items were found to be consistent with the original budget of $31,900.000. The addition of the $49 M of bonding authority associated with these budget items increased the total estimated project costs to $80,900,000. This amendment also identified the Sources of Revenue as follows: Tax Increment Revenue $48,069,393 Interest on Investment Funds $ 1,500,607 Bond Proceeds $29,000,000 Sales & Lease Proceeds $ 2,300,000 Total $80,900,000 On March 24, 2008, the EDA considered Modification No. 4, an administrative adjustment to the $ 5 M Housing Account line item which added environmental remediation of single and multiple family housing properties as an eligible expenditure. Modification No. 4 was approved by EDA Resolution No. 2008-05. On August 26, 2013 the City Council's Work Session included a discussion on the opportunity to acquire 6121 Brooklyn Boulevard as part of the reimaging of the Brooklyn Boulevard Corridor. The Council discussed the following policy issues: -Does the EDA feel that the acquisition of 6121 Brooklyn Boulevard meets the objectives of Tax Increment District 3? -Does EDA support the issuance of a Tax Increment Housing Bond to acquire 6121 Brooklyn Boulevard? The majority consensus of the City Council/EDA was to authorize staff to meet with the property owners and negotiate a purchase agreement. Additionally, the EDA met in a closed session to discuss an opportunity to Acquire Lot 1, Block 1, Brookdale Square 2'd Addition, a 23.2 acre commercial site to facilitate redevelopment with the southern portion of the Opportunity Site. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quail -0 of life for all people and preserves the public trust MEMO NDUM - COUNCIL WO SESSION Tax Increment District No. 3 — Modification No. 5 TIF Modification No. 5 is being processed as a formal amendment to this Tax Increment Plan, which includes the following requirements: advanced notification to our County Commissioner, distribution of the proposed plan amendment to the County and School Districts, and the City Council holding a public hearing on the plan amendment. The purpose of the amendment is to accomplish the following: 1.A budget revision to reflect the Tax Increment Revenue Stream and Tax Increment Disbursements that have occurred during the first 15 years of the District. 2.Revisions to the Mod 3 projected revenue stream of $48,069,393 to $65,344,375 3.Adjusting the Housing Account from $5 M to $ 10.425 M to reflect 15% of the projected tax increment revenue. 4.Increasing the Bond Authority from $29 M to $55 M to facilitate the proposed sales of a 2013 TIF Bond to acquire Lot 1, Block 1 Brookdale Square 2 ' Addition (22.3 acres) and Lot 1, Block 1, Chrysler Motors 2 nd Addition (4.5 acres) and the potential of up to future EDA projects and/or acquisitions during the remaining life of the District. 5. Adding a line item for Pooled expenditures, as referenced in the original TIF Plan:, a.Any funds to be expended for off-site improvements outside the boundaries of District 3, but within the boundaries of Housing Development and Redevelopment Project No. 1, would be less than 25 percent of total tax increment generated by District No. 3, including administrative costs, provided that tax increment deposited in the housing development account may be spend on eligible housing activities located anywhere in the City, as provided in the Special Act. Note: any eligible expenditure that occurs after the 5 year rule time period or in this case the 13 year rule, as established through Special Legislation are considered as out-of-district/Pool Expenditures provided they are located within the City's Municipal Redevelopment District as illustrated in the attached Tax Increment District 3 Plan Amendment. b.The additional TIF revenue to fund this line item is being generated from the following projects/sources: the FBI site, the new Honda and Toyota sites, the future Volkswagen site, and adjustments to the tax status of the former Brookdale Ford and 57 th & Logan sites. c. The line item for Pooled Expenditures is identified in Springsted's analysis illustrates the potential of $7,329,523 available to fund EDA approved projects and acquisitions, such as the land purchases within the Opportunity Site and the Brooklyn Boulevard Corridor Improvements. 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O' Pro:set Areas Brooklyn Center Economic Development Authority, Minnesota Modification to Redevelopment Plan for Housing Development and RedevelO I Pment Project No 1 And Modification No. 4 to Tax Increment Financing Plan for Tax Increment Financing District No 3 (A Redevelopment District) Within Housing Development and RedeVelopment Project No 1 (Earle Brown Farm Project) , Dated::, October 10,1 2013 (Draft) Modification Scheduled fApprOVál;,November 12, 2013 Original Plan klOpted Deceniber 19, 1994 Modification No .1 'adopted April 28, 1997 Modification No. 2 adopted April 28, 1997 Modification No. 3 adopted January 24, 2011 Administrative amendments were completed in 2004 and 2008 Prepared by: SPRINGSTED INCORPORATED 380 Jackson Street, Suite 300 St. Paul, MN 55101-2887 (651) 223-3000 WWW.SPRINGSTED.COM Introduction The purpose of this Modification No. 4 to the Tax Increment Financing Plan for Tax Increment Financing District No. 3 is to make adjustments to the Estimate of Costs and Sources of Revenue. This modification increases the overall spending of a "TIF only" budget (the original and previously modified budgets included non-TIF revenues and assumed spending). The sections specifically being modified are the Property to be Acquired, Estimate of Costs, Estimate of Loan/Bonded Indebtedness, Sources of Revenue, and Estimated Impact on Other Taxing Jurisdiction. This modification does not reflect all the legislative changes that have occurred since original adoption, and may not reflect fully the financial ramifications of all the TIF and property tax, system changes. TABLE OF CONTENTS Section Page(s) Section I Definitions 1 Section 11 Modification to Redevelopment Plan for Redevelopment Project 2 Section ILA Statement and Finding of Public Purpose 2 Section ILB Statutory Authorization 2 Section II.0 Statement of Objectives 2 Section III Modification of TIF District No. 3 3 Section 111.F Property to be Acquired 3 Section III.G Estimate of Costs 3 Section 111.H Estimated Amount of Loan/Bonded Indebtedness 4 Section 111.1 Sources of Revenue 4 Section III.M Estimated Impact on Other Taxing Jurisdictions 4 Exhibit I: Map of Project Area and TIF District 6 Exhibit II: Estimated Impact on other Tax Jurisdictions Report 7 Brooklyn Center Economic Development Authority, Minnesota Section I Definitions The terms defined in this section have the meanings given herein, unless the context in which they are used indicates a different meaning: "Authority" means the Economic Development Authority in and for the City of Brooklyn Center. "City" means the City of Brooklyn Center, Minnesota; also referred to as a "Municipality". "City Council" means the City Council of the City; also referred to as the "Governing Body". "County" means Hennepin County, Minnesota. "EDA Act" means Minnesota Statutes, Section 469.090 to 469.108, inclusive, as amended. "HRA Act" means Minnesota Statutes, Section 469.001 to 469.047, inclusive, as amended. "Redevelopment Plan" means the Redevelopment Plan for the Redevelopment Project. "Redevelopment Project" means Housing Development and Redevelopment Project No. 1 in the City, which is described in the corresponding Redevelopment Plan. "Project Area" means the geographic area of the Redevelopment Project. "School District /ISD No. 11" means the Anoka-Hennepin School District/ISD No. 11, Minnesota. "School District /ISD No. 279" means the Osseo School District/ISD No. 279, Minnesota. "School District /ISD No. 281" means the Robbinsdale School District/ISD No. 281, Minnesota. "School District /ISD No. 286" means Brooklyn Center School District/ISD No. 286, Minnesota. "State" means the State of Minnesota. "TIF Act" means Minnesota Statutes, Sections 469.174 through 469.1799, both inclusive. "TIF District" means Tax Increment Financing District No. 3. "TIF Plan Modification" means Modification No. 4 to the tax increment financing plan for the TIF District (this document). Springsted Page 1 Brooklyn Center Economic Development Authority, Minnesota Section II Modification to Redevelopment Plan for Redevelopment Project The following text represents a Modification to the Redevelopment Plan for Redevelopment Project No, 1: This modification represents a continuation of the goals and objectives set forth in the Redevelopment Plan for Redevelopment Project No. 1. Generally, the substantive changes include the modification of the estimated public costs and estimated revenues sources for the TIF District. The Estimated Public Costs is modified to include those set forth in Section III.B of the TIF Plan Modification and the Estimated Revenue Sources is modified to include those set forth in Section III. C of the TIF Plan Modification. For further information, a review of the Redevelopment Plan for Redevelopment Project No. 1 is recommended and is available from the City of Brooklyn Center. Other relevant information is contained in the Tax Increment Financing Plan for Tax Increment Financing Districts No. 1, No. 2, No. 3, No. 4, and No. 5 located within Redevelopment Project No. 1. A map of Redevelopment Project No. 1 is shown in Exhibit I. Section ILA Statement and Finding of Public Purpose On April 25, 1994, the City Council and Authority expanded the geographic boundaries of the Earle Brown Farm Redevelopment Project to include Housing Development Project No. 1 and other properties and provided additional housing powers. The modified redevelopment project is renamed Housing Development and Redevelopment Project No. 1, The Authority intends to use the powers allowed under the EDA Act and HRA Act to promote development and redevelopment through the City and to pool resources in order to reduce financial barriers to providing decent housing and employment opportunities. Section ILB Statutory Authorization On August 24, 1987, the City Council authorized the establishment of the Brooklyn Center Economic Development Authority (Authority). Pursuant to City Council Resolution No. 87-170, the Authority has and may exercise all of the powers conferred by law upon a Housing and Redevelopment Authority. The Authority has been authorized by the City to carry out all powers of and administer all projects initiated by the Brooklyn Center HRA. The Authority established Housing Development and Redevelopment Project No. 1 pursuant to the EDA Act and the HRA Act. HRA Act authorizes the Authority to exercise all the powers relating to a housing and redevelopment authority granted under Minnesota Statutes, Sections 469.001 to 469.047, or other law. Within the City areas exist where public involvement is necessary to cause redevelopment to occur. The Authority has certain statutory powers pursuant to the TIF Act to assist in financing eligible activities related to these redevelopment needs. Section II.0 Statement of Objectives The sampling of the general goals and objectives of the Redevelopment Plan are listed below: To provide decent, safe and sanitary housing for persons of low and moderate income. To provide governmental assistance to eliminate slum and blight. •To provide an ongoing benefit to the residents of the City and those who may frequent the area. •To enhance the tax base of the City. Springsted Page 2 Brooklyn Center Economic Development Authority, Minnesota ▪To provide maximum opportunity, consistent with the needs of the City, for development by private enterprise. ▪To better utilize vacant or undeveloped land. This modification of the estimated public costs for TIF District No. 3 will ensure a continuation of the EDA's goals and objectives of the Project Area that result in increased opportunities for commercial development and will otherwise benefit the health, safety, morals and welfare of the residents of the City. Section III Modification of TIF District No. 3 Section III.F Property to be Acquired The City or Authority may acquire any parcels, including interior streets and railway right-of-ways, within the boundaries of Housing Development and Redevelopment Project No. 1; and may use tax increment deposited in the housing development account to acquire any parcel located anywhere city for eligible housing activities, as provided in the Special Act. Section III.G Estimate of Costs The estimate of public costs associated with District No. 3 is outlined in the following line item budget: Estimate of Public Costs March 24, 2008 Admin. Amendment Proposed Budget Modification Land Acquisition $13,000,000 $25,000,000 Public Improvements 8,000,000 4,500,000 Site Improvements 2,000,000 2,100,000 Administrative Expenses 2,900,000 4,400,000 Contingency 1,000,000 - Housing Development Account Land Acquisition -6,000,000 Affordable Housing Expenses -4,175,000 Interest Expense on Debt Issuance -250,000 Total Housing Development Account 5,000,000 10,425,000 Pooling Land Acquisition -6,775,000 Public Improvements -4,000,000 Interest Expense on Debt Issuance :1,050,000 Total Pooling :11,825,000 Interest Expense (Including Capitalized)-11,250,000 Total $31,900,000 $69,500,000 Any funds to be expended for off-site improvements outside the boundaries of District No. 3, but within the boundaries of Housing Development and Redevelopment Project No. 1, would be no more than 25 percent of total tax increment generated by District No. 3, including administrative costs, provided that tax increment deposited in the housing development account may be spent on eligible housing activities located anywhere in the City, as provided in the Special Act. Springsted Page 3 Brooklyn Center Economic Development Authority, Minnesota The Authority reserves the right to administratively adjust the amount of any of the items listed above or to incorporate additional eligible items, so long as the total estimated public costs is not increased. Section III.H Estimated Amount of Loan/Bonded Indebtedness It is anticipated that the City or Authority may issue a revenue bond, general obligation bond, or other type of obligation in one or more series to finance public costs. The original principal amount of all indebtedness is not expected to exceed $294400 7000 $45,000,000 with additional increments to be paid to capitalized and other interest determined at the time of issuance. Section 111.1 Sources of Revenue The major source of revenue to be used to finance public costs associated with the public development projects in Housing Development and Redevelopment Project No. 1 is tax increment generated as a result of the taxation of the land and improvements in District. No. 03. Tax increment financing refers to a funding technique that utilizes increases in valuation and the property taxes attributable to new development to finance, or assist in the financing of public development costs. Additional sources of revenue may include but are not limited to investment income and land sales. This does not preclude the City, the Authority or the developer from using other funds, at its discretion, to pay such costs. Estimated Sources of Revenue November 8, 2004 Admin. Amendment Proposed Budget Modification Tax Increment revenue $48,069,393 $65,344,375 Interest on invested funds 1,500,607 4,111,758 Sales/Lease Proceeds 2,330,000 - Market Value Homestead Credit -43,867 Transfers In -_0 Total $51,900,000 $69,500,000 Tax increment revenue projections were based on historical revenue receipts, and future revenue projections based on an approximate growth in captured tax capacity of $486,170, and a 3% market value inflator applied to future captured tax capacities. Section 111.M Estimated Impact on Other Taxing Jurisdictions Exhibit II shows the estimated impact on other taxing jurisdictions if the maximum projected retained captured net tax capacity of the TIF District, generated over the remaining term of the District, was hypothetically available to the other taxing jurisdictions. The City believes that there will be no adverse impact on other taxing jurisdictions during the life of the TIF District, since the proposed development would not have occurred without the modification of the TIF District and the provision of public assistance. A positive impact on other taxing jurisdictions will occur when the TIF District is decertified and the development therein becomes part of the general tax base. The fiscal and economic implications of the proposed modification to the tax increment financing district, as pursuant to Minnesota Statutes, Section 469.175, Subdivision 2, are listed below. 1. The total amount of tax increment that will be generated over the remaining life (Collections from taxes payable 2013 — 2021) of the TIF District is estimated to be $34,470,103. To the extent the modification of the TIF District generates any public cost impacts on City-provided services such as police and fire protection, public infrastructure, and the impact of any general obligation tax increment bonds attributable to the TIF District upon the ability to issue other debt for general fund purposes, such costs will be levied upon the taxable net tax capacity of the City, excluding that portion captured by the TIF District. Springsted Page 4 Brooklyn Center Economic Development Authority, Minnesota 3.The amount of tax increment generated over the remaining term of the TIF District that would be attributable to School District #011 levies, assuming the School District's share of the total local tax rate for all taxing jurisdictions remained the same, is estimated to be $302,902. 4.The amount of tax increment generated over the remaining term of the TIF District that would be attributable to School District #279 levies, assuming the School District's share of the total local tax rate for all taxing jurisdictions remained the same, is estimated to be $1,993,309. 5.The amount of tax increment generated over the remaining term of the TIF District that would be attributable to School District #281 levies, assuming the School District's share of the total local tax rate for all taxing jurisdictions remained the same, is estimated to be $1,195,911. 6.The amount of tax increment generated over the remaining term of the TIF District that would be attributable to School District #286 levies, assuming the School District's share of the total local tax rate for all taxing jurisdictions remained the same, is estimated to be $4,540,511. 7.The amount of tax increment generated over the remaining term of the TIF District that would be attributable to County levies, assuming the County's share of the total local tax rate for all taxing jurisdictions remained the same is estimated to be $9,920,659. 8.No additional information has been requested by the County or School Districts that would enable them to determine additional costs that will accrue to it due to the development proposed for the district. 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Cr IC" IchCO 17 ch cr 10- 'Cr cr 00 00 O nnnnn t-:co a a a a a a d-d. 0) 0) a, 0 C33 01 01 CO 0 to to ci to to to to toco nm 01 0 or, CA 01 01 01 01 CV. r‘r N r,T N N 141 141 c0 en cr- to 10 to to O IDcr en 0101010101 1-0,3. .. . . . . 01 CO CO CO 03 CO CO CO CON ci {1) In ci LO Lit Ut Lit01 01 01 01 01 Lri.en LO to LO to to to LOCONNNNNN Ci N 04 0"1" N r0 en 31 10 N 00 Crl 001 0-1 en en 01 01 .c-1 N N0 0 0 0 0 0 0 0 0 0NNNNNNNNNN $5,660,000 City of Brooklyn Center, Minnesota Taxable General Obligation Tax Increment Bonds, Series 2013 TIF No. 3 - Land Purchase Total Issue Sources And Uses Dated 12/01/2013 I Delivered 1210112013 Land Purchase 1 Land Purchase 2 Issue Summary Sources Of Funds Par Amount of Bonds $1,695,000.00 $3,965,000.00 $5,660,000.00 Total Sources $1,695,000.00 $3,965,000.00 $5,660,000.00 Uses Of Funds Deposit to Project Construction Fund 1,665,000.00 3,900,000.00 5,565,000.00 Total Underwriter's Discount (0.800%) 13,560.00 31,720.00 45,280.00 Costs of Issuance 13,311.43 31,138.57 44,450.00 Rounding Amount 3,128.57 2,141.43 5,270.00 Total Uses $1,695,000.00 $3,965,000.00 $5,660,000.00 $5,660,000 City of Brooklyn Center, Minnesota Taxable General Obligation Tax Increment Bonds, Series 2013 TIF No. 3 - Land Purchase NET DEBT SERVICE SCHEDULE Date Principal Coupon Interest Total PH 105% Overlevy Revenue Surpls(Deficit) 02/01/2014 ----- 02/01/2015 240,000.00 0.900%192,129.58 432,129.58 453,736.061,064,885.00 611,148.94 02/01/2016 250,000.00 1.250%162,522.50 412,522.50 433,148.631,060,435.00 627,286.38 02/01/2017 255,000.00 1.700%159,397.50 414,397.50 435,117.381,039,310.00 604,192.63 02/01/2018 260,000.00 2.150%155,062.50 415,062.50 435,815.631,046,310.00 610,494.38 02/01/2019 265,000.00 2.500%149,472.50 414,472.50435,196.13 1,016,810.00 581,613.88 02/01/2020 270,000.00 2.900%142,847.50 412,847.50433,489.88 1,024,960.00 591,470.13 02/01/2021 2,025,000.00 3.150%135,017.50 2,160,017.50 2,268,018.38 2,917,210.00 649,191.63 02/01/2022 2,095,000.00 3.400%71,230.00 2,166,230.00 2,274,541.50 2,917,210.00 642,668.50 Total $5,660,000.00 $1,167,679.58 $6,827,679.58 $7,169,063.56 $12,087,130.00 $4,918,066.44 SIGNIFICANT DATES Dated 11/01/2013 Delivery Date 11/01/2013 First Coupon Date 8/01/2014 Yield Statistics Bond Year Dollars $37,368.33 Average Life 6.602 Years Average Coupon 3.1247837% Net Interest Cost (NIC) 3.2459558% True Interest Cost (TIC) 3.2507360% Bond Yield for Arbitrage Purposes 3.1143191% All Inclusive Cost (AIC) 3.3859853% Net Interest Cost in Dollars 3.1247837% Weighted Average Maturity 6.686 Years $1,695,000 City of Brooklyn Center, Minnesota Taxable General Obligation Tax Increment Bonds, Series 2013 TIF No. 3 - Land Purchase 1 NET DEBT SERVICE SCHEDULE Date Principal Coupon Interest Total P4I 105% Overlevy Revenue Surpls(Deficit) 0210112014 ----- 02/01/2015 190,000.00 0.900%45,351.25 235,351.25 247,118.81 446,542.08 199,423.27 02/01/2016 200,000.00 1.250%37,162.50 237,162.50 249,020.63 446,542.08 197,521.46 02/01/2017 205,000.00 1.700%34,662.50239,662.50 251,645.63 446,542.08 194,896.46 02/01/2018 210,000.00 2.150%31,177.50 241,177.50 253,236.38 446,542.08 193,305.71 02/01/2019 215,000.00 2.500%26,662.50 241,662.50 253,745.63 446,542.08 192,796.46 02/01/2020 220,000.00 2.900%21,287.50 241,287.50 253,351.88 446,542.08 193,190.21 02/01/2021 225,000.00 3.150%14,907.50 239,907.50 251,902.88 446,542.08 194,639.21 02/01/2022 230,000.00 3.400%7,820.00 237,820.00 249,711.00 446,542.08 196,831.08 Total $1,695,000.00 $219,031.25$1,914,031.25 $2,009,732.81 $3,572,336.64 $1,562,603.83 $3,965,000 City of Brooklyn Center, Minnesota Taxable General Obligation Tax Increment Bonds, Series 2013 TIF No. 3 - Land Purchase 2 NET DEBT SERVICE SCHEDULE Date Principal Coupon Interest Total P+I 105% Overlevy Revenue Surpls(Deficit) 02/01/2014 ----- 02/01/201550,000.00 0.900%146,778.33 196,778.33 206,617.25 527,267.60 320,650.35 02/01/201650,000.00 1.250%125,360.00 175,360.00 184,128.00 528,755.10 344,627.10 02/01/2017 50,000.00 1.700%124,735.00 174,735.00 183,471.75 514,255.10 330,783.35 02/01/201850,000.002.150%123,885.00 173,885.00 182,579.25 527,880.10 345,300.85 02/01/201950,000.00 2.500%122,810.00 172,810.00 181,450.50 630,005.10 448,554.60 02/01/2020 50,000.002.900%121,560.00 171,560.00 180,138.00 638,155.10 458,017.10 02/01/2021 1,800,000.003.150%120,110.00 1,920,110.00 2,016,115.50 2,530,405.10 514,289.60 02/01/20221,865,000.00 3.400%63,410.00 1,928,410.00 2,024,830.50 2,530,405.10 505,574.60 Total$3,965,000.00 -$948,648.33 $4,913,648.33 $5,159,330.75 $8,427,128.30 $3,267,797.55