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HomeMy WebLinkAbout2014 05-12 CCP Regular SessionAGENDA CITY COUNCIL STUDY SESSION May 12, 2014 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 May 12, 2014 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.April 28, 2014— Study Session 2.April 28, 2014 — Regular Session 3.April 28, 2014 — Work Session 4.May 5, 2014— Continued Board of Appeal and Equalization b. Licenses c. Resolution Accepting Bid and Awarding a Contract, Improvement Project Nos. 2014-01, 02, 03 and 04, Wangstad Area Street and Utility Improvements 7. Presentations/Proclamations/Recognitions/Donations a. Resolution Recognizing May 11 Through May 17, 2014, as Police Week and May 15, 2014, as Police Officers Memorial Day Requested Council Action: —Motion to adopt resolution. CITY COUNCIL AGENDA -2- May 12, 2014 8.Public Hearings —None. 9.Planning Commission Items a. Planning Commission Application No. 2014-001 Submitted by the City of Brooklyn Center. Request for Rezoning from R-4 (Multiple Family Residence) to R-1 (One Family Residency) for the Property Addressed 7100 Camden Avenue N. The Planning Commission recommended approval of this application at its May 1, 2014, meeting. 1.Resolution Regarding the Disposition of Planning Commission Application No. 2014-001 Submitted by the City of Brooklyn Center to Rezone Properties From R-4 (Multiple Family Residence) to R-1 (One Family Residence) District (Property Located at 7100 Camden Avenue North) Requested Council Action: —Motion to adopt resolution. 2.An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (7100 Camden Avenue North) Requested Council Action: —Motion to approve first reading and set second reading and Public Hearing for June 9, 2014. b. Planning Commission Application No. 2014-002 Submitted by the City of Brooklyn Center. Request for a Special Use Permit to Allow for a Publicly- Owned Structure and a Non-Commercial Use Required for the Public Welfare (a New Municipal Water Treatment Facility) in the Newly Proposed R1 Zone. The Planning Commission recommended approval of this application at its May 1, 2014, meeting. 1. Resolution Regarding the Disposition of Planning Commission Application No. 2014-002 Submitted by the City of Brooklyn Center, Minnesota for Special Use Permit to Allow the Construction of a New 27,000 Sq. Ft. Water Treatment and Production Facility in the R-1 (One Family Residence) Zoning District, Located at 7100 Camden Avenue North Requested Council Action: —Motion to adopt resolution. c. Planning Commission Application No. 2014-003 Submitted by the City of Brooklyn Center. Request for Consideration of a Site Plan for the City's New Municipal Water Treatment Plant. The Planning Commission recommended approval of this application at its May 1, 2014, meeting. CITY COUNCIL AGENDA -3- May 12, 2014 1. Resolution Regarding the Disposition of Planning Commission Application No. 2014-003 Submitted by the City of Brooklyn Center for Site and Building Plan Approval of a New 27,000 Sq. Ft. Water Treatment and Production Facility Located at 7100 Camden Avenue North Requested Council Action: —Motion to adopt resolution. d. Planning Commission Application No. 2013-020 Submitted by the Gatlin Development Company. Request for Consideration of a Minor Amendment to the Approved Site Plan for the Former Brookdale Mall Food Court Area, Located at 1300 Shingle Creek Crossing, to Allow the Construction of Building No. 8 of Said Plans. The Planning Commission recommended approval of this amendment at the May 1, 2014, meeting. 1. Resolution Regarding the Disposition of Planning Commission Application No. 2013-020 Submitted by Gatlin Development Company for Approval of a Minor Amendment to the Approved Site Plan for the Former Brookdale Mall Food Court Area, to Allow the Construction of Building No. 8 of the Approved Site Plans, Located at 1300 Shingle Creek Crossing Requested Council Action: —Motion to adopt resolution. 10. Council Consideration Items a.Mayoral Appointment of Member to Serve on Planning Commission Requested Council Action: —Motion to ratify Mayoral nomination. b.Consideration of Type IV 6-Month Provisional Rental License for 6601 Camden Drive Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Take action on rental license application and mitigation plan. c. Consideration of Type IV 6-Month Provisional Rental License for 5755 • 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. CITY COUNCIL AGENDA -4- May 12, 2014 d.Consideration of Type IV 6-Month Provisional Rental License for 5949 Xerxes 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. e.Consideration of Type IV 6-Month Provisional Rental License for 5820 Logan Avenue North 1. Resolution Approving a Type IV 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. —Motion to adopt resolution. f. Consideration of Type IV 6-Month Provisional Rental License for 6812 Scott Avenue North 1. Resolution Approving a Type IV Rental License for 6812 Scott Avenue North Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Motion to adopt resolution. 11.Council Report 12.Adjournment City Council Agenda Item No. 6a MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION APRIL 28, 2014 CITY HALL — COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:00 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Finance Director Nate Reinhardt, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Police Chief Kevin Benner, and Mary Mullen, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Kleven stated, with regard to Agenda Item 6b, it is nice to see that all the rental license applications are either Type I or Type IL Councilmember Ryan stated he recently read a newspaper article regarding the dire conditions of some apartment buildings in Roseville, due to a lack of effective enforcement of rental ordinances. He added he appreciates the efforts and hard work of Brooklyn Center staff, because of which the City has been able to avert those types of problems. Councilmember Myszkowski requested the following correction to staff memorandum in the Council Packet related to Work Session Agenda Item 3: page 2, third paragraph, last line, replace "pubic" with "public." Mayor Willson requested the following correction to the April 14, 2014, Regular Session meeting minutes: Page 8, third paragraph, first line: Replace "Councilmember" with "Mayor" Mayor Willson requested the following correction to the April 14, 2014, Work Session minutes: Page 1, third paragraph from bottom, first line: Replace "Councilmember" with "Mayor" 04/28/14 -1- DRAFT Councilmember Kleven requested the following amendment to the March 24, 2014, EDA meeting minutes in the Council packet page 1, last paragraph, first sentence should read: "Mr. Eitel stated the development agreement included the demolition of the existing mall and Food Court Building, excluding the Sears store." Councilmember Ryan requested the following correction to the April 14, 2014, Work Session minutes: Page 1, second paragraph from bottom, second line: Replace "tracheotomy" with "trichocardia". It was the majority consensus of the City Council to accept the corrections to the April 14, 2014, Regular Session and Work Session minutes. MISCELLANEOUS Opposition Letters Related to Proposed Tobacco Ordinance Mr. Boganey stated the City Council had received copies of letters in opposition to the proposed tobacco related products ordinance. He added the letters include objections to the requirement that cigars only be sold in packages of five (5) or more. Councilmember Lawrence-Anderson stated there was also a letter from the Holliday Station Store in Brooklyn Center regarding this issue. Mr. Boganey confirmed this. Councilmember Lawrence-Anderson asked whether City staff had gotten feedback or comments on this issue from the managers of the two City-owned municipal liquor stores in Brooklyn Center. She asked whether it is true that businesses will see a decline in sales. Mr. Boganey stated the liquor store managers had not provided comments. Sun Post Newspaper Delivery Councilmember Ryan stated he is unable to get the Sun Post delivered to his home. He requested that the City Council receive a weekly copy of the Sun Post, along with Mr. Boganey's Friday City Council update. Mayor Willson stated the Sun Post publication is closely associated with the City of Brooklyn Center, and a copy should be mailed to the City Council on a weekly basis. He added he currently does not receive the Sun Post. Councilmember Lawrence-Anderson stated she does not receive the Sun Post. Councilmember Kleven stated she pays for a subscription, and has it delivered weekly at home. Mr. Boganey agreed to have City staff deliver the paper to the City Councilmembers, if there are available copies. Councilmember Myszkowski stated she will be out of town next Tuesday and Wednesday, June 6 and 7, 2014. 04/28/14 -2- DRAFT Street Light Fund and Utilities Fund Mayor Willson stated, with regard to the City's quarterly financial report, that the Street Light Fund is approximately $11,000 over budget, while the Utilities Fund is only at 6% of total projected expenditure year to date. Mr. Boganey agreed to look into this issue and provide further information for the City Council's review. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS WATER TREATMENT PLANT — FUNDING AND RATE STUDY City Manager Curt Boganey stated this item was discussed briefly at the City Council's last meeting but was continued due to the late hour. He introduced Public Works Director/City Engineer Steve Lillehaug and invited him to address the City Council. Mr. Lillehaug gave a brief overview of funding options for the City's proposed $18.2 million water treatment plant. He added City staff is in the process of preparing the plans. He noted current expenditures are being handled through the City's Construction Fund, but a City Council decision is required regarding funding. He introduced Patty Kettles, Vice President of Springsted Incorporated, the City's financial advisors. Ms. Kettles presented a review of the City's financial situation with regard to water utilities. She added two common funding sources are available for the water treatment plant, including the option of a Minnesota Public Facilities Authority (PFA) loan, which has a lengthy application process involving a lot of paperwork, but is a one-stop funding option. Ms. Kettles presented possible funding combination, including the preferred option of a PFA Loan for the water treatment plant, with cash and debt mixture for all else. She added this option has the lowest overall cost projection. She reviewed cash flow scenarios associated with this option. Mayor Willson expressed concern regarding a projected financial shortfall in 2018. Ms. Kettles stated there are options for mitigating the large capital expenditure. Mayor Willson stated he would like to receive specific detailed information regarding the shortfall, which will be perceived as a 20% increase in cost by the general public. Ms. Kettles agreed. Mayor Willson asked how commercial water rates will be affected. Mr. Boganey agreed to provide information regarding that issue. Discussion of this item continued and reached conclusion at the April 28, 2014 Work Session. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Lawrence-Anderson moved and Councilmember Ryan seconded to open the Informal Open Forum at 6:45 p.m. 04/28/14 -3- DRAFT RECONVENE STUDY SESSION Mayor Willson reconvened the Study Session at 6:49 p.m. ADJOURNMENT Mayor Willson adjourned the Study Session at 6:50 p.m. 04/28/14 -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 APRIL 28, 2014 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, Finance Director Nate Reinhardt, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, City Attorney Charlie LeFevere, and Mary Mullen, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Infoimal Open Forum. Diane Sannes, 7006 Willow Lane, thanked the City Council for their participation in Brooklyn Center's EarthFest, which was held on April 26, 2104. Mayor Willson thanked her for her hard work in planning the event. Steve Erickson, representing North Hennepin Area Chamber of Commerce, stated the Chamber is planning a Golf Classic on June 26, 2014, as well as a Candidate Forum on September 16, 2014. He invited the City Council to attend both events. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to close the Informal Open Forum at 6:48 p.m. Motion passed unanimously. 2.INVOCATION Councilmember Ryan requested a moment of silence and personal reflection as the Invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:00 p.m. 04/28/14 -1- DRAFT 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, Finance Director Nate Reinhardt, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, City Attorney Charlie LeFevere, and 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, with amendments to the Regular Session and Work Session minutes of April 14, 2014, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1.April 9, 2014 — Joint Session with Commissions 2.April 14,2014 — Study Session 3.April 14,2014 — Regular Session 4.April 14,2014 — Work Session 5.April 21,2014 — Board of Appeal and Equalization 6b. LICENSES FIREWORKS — TEMPORARY STAND TNT Fireworks 3245 County Road 10 MECHANICAL Air & Furnace Care, Inc. Corval Constructors, Inc. LBP Mechanical North Suburban Heat Air Team Mechanical, Inc. Owens Companies, Inc. RENTAL INITIAL (TYPE — two-year license) 6130 Scott Avenue N Passed w/Weather Deferral 5907 Xerxes Avenue N RENEWAL (TYPE III — one-year license) 4101 93 rd Avenue N, Brooklyn Park 1633 Eustic Street, St. Paul 315 Royalston Avenue N, Minneapolis 19066 Jasper NW, Anoka 3508 Snelling Avenue, Minneapolis 930 E 80 th Street, Bloomington Invitation Homes Brett Hildreth 04/28/14 -2- DRAFT 5307 Emerson Avenue N Passed w/ Weather Deferral Jeff Theisen 7216 Fremont Avenue N Adrian Jimenez RENEWAL (TYPE H— two-year license) 3012-18 51 st Avenue N 3218 63 rd Avenue N RENEWAL (TYPE I— three-year license) 2900 67 th Lane N 5422 72 nd Circle SIGN HANGER Indigo Signworks, Inc. Signation Sign Group VEO Sign LLC Steven & Debra Elhardt Sopheak Pho Dolores Fischer Denise Michaelides 1622 Main Avenue, Fargo 6840 Shingle Creek Pkwy, Brooklyn Center 6353 Martin Avenue NE, Otsego 6c. APPROVAL OF AMENDED CITY COUNCIL MEETING SCHEDULE TO SET DATE AND TIME FOR JOINT WORK SESSION WITH FINANCIAL COMMISSION FOR WEDNESDAY, AUGUST 6, 2014, AT 6:30 P.M. Motion passed unanimously. 7.PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. PROCLAMATION DECLARING MAY 18-24, 2014, PUBLIC WORKS WEEK IN BROOKLYN CENTER City Manager Curt Boganey introduced the item, discussed the history, and stated the purpose of the proposed proclamation. He added Public Works Week is celebrated across the country in recognition of men and women who perform numerous tasks associated with public utilities and infrastructure. He recommended adoption of the proclamation. Mayor Willson read in full a Proclamation expressing the City's recognition of the contributions of its Public Works personnel. Councilmember Kleven moved and Councilmember Myszkowski seconded to adopt a Proclamation Declaring May 18-24, 2014, Public Works Week in Brooklyn Center. Motion passed unanimously. 8.PUBLIC HEARINGS 8a. ORDINANCE NO. 2014-04 RELATING TO THE SALE OF TOBACCO RELATED PRODUCTS 04/28/14 -3- DRAFT Mr. Curt Boganey introduced the item, discussed the history, and stated the purpose of the proposed ordinance. He stated City staff recommends that the current ordinance be rescinded, and replaced with a new ordinance based on language provided by the League of Minnesota Cities. He added that this ordinance, if adopted, would take effect June 7, 2014. Councilmember Ryan moved and Councilmember Kleven seconded to open the Public Hearing. Motion passed unanimously. Suad Dadhl, owner of Brooklyn BP, 6044 Brooklyn Boulevard, requested clarification on Item 2a, under Section 23.105, related to the sale of cigars. She added the ordinance will mean an increase in tobacco prices. City Attorney Charlie LeFevere stated the proposed ordinance does not include price prescriptions for a package of at least five cigars. He added cigars that are sold individually must cost more than $2.10. Musaab Wazwaz, Royal Tobacco, 5625 Xerxes Avenue North, expressed opposition to the ordinance language pertaining to sale of cigars. He stated his business has been located in Brooklyn Center for 20 years. He added his regular customers will go to other cities to buy their tobacco products. He asked why the City Council intends to limit the sale of cheap cigars. Mayor Willson stated there is a growing trend in the use of little cigars and their wrappers by young people. Councilmember Ryan stated the City Council is motivated to change the ordinance, as there are an increasing number of young people who are using little cigars because they are cheap and flavored. He added a package of cigarettes has become very expensive, between $7-8, and they are not affordable to young people. He noted, according to statistics from the American Cancer Society, the average American spends $570 annually on health care costs related to the effects of long-term tobacco use. Mayor Willson stated the City Council's goal is to provide an ordinance that addresses issues directly affecting members of the community of Brooklyn Center. Emily Anderson, representing the Association for Nonsmokers-Minnesota, stated the proposed language is intended to prevent youth use of little cigars. She noted data collected by her organization indicates that little cigars are appealing to youth because they are cheap and flavored. Ms. Anderson stated little cigars are widely available to young people under the age of 18, and the proposed ordinance would make them less appealing because they will be more expensive. She added other communities are considering similar ordinances, and Brooklyn Center will be ahead of the curve in enacting legislation that is intended to prevent youth tobacco addiction. Councilmember Lawrence-Anderson moved and Councilmember Kleven seconded to close the Public Hearing. 04/28/14 -4- DRAFT Motion passed unanimously. 1.ORDINANCE NO. 2014-04 AMENDING CHAPTER 23 OF THE CITY CODE OF ORDINANCES RELATING TO THE SALE OF TOBACCO RELATED PRODUCTS Councilmember Lawrence-Anderson moved and Councilmember Myszkowski seconded to adopt ORDINANCE NO. 2014-04 Amending Chapter 23 of the City Code of Ordinances Relating to the Sale of Tobacco Related Products. Motion passed unanimously. 2.RESOLUTION NO. 2014-57 AMENDING THE CITY FEE SCHEDULE TO ADD INVESTIGATION FEES FOR TOBACCO RELATED PRODUCTS LICENSES Councilmember Ryan moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2014-57 Amending the City Fee Schedule to add Investigation Fees for Tobacco Related Products Licenses. Motion passed unanimously. 9.PLANNING COMMISSION ITEMS -None. 10.COUNCIL CONSIDERATION ITEMS -None. 11. COUNCIL REPORT Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: •April 15, 2014, "Reducing Racial Disparities — Think Again Brooklyns" Public Policy Forum •April 16, 2014, Mississippi River Corridor Land Use Forum •April 16, 2014, 24 th Annual Police/Citizen Awards •April 17, 2014, "Keep Heroin out of Hennepin County" Town Hall Meeting at North Hennepin Community College, hosted by Hennepin County Sherriff s Office •April 21, 2014, Annual Board of Appeal and Equalization •April 24, 2014, Annual Meeting of Metropolitan Cities, featuring guest speaker Dr. Mark Seeley •April 26, 2014, Great Shingle Creek Clean Up Day •April 26, 2014, EarthFest celebration at Civic Center, organized by Diane Sannes and Joe Dalton 04/28/14 -5- DRAFT Councilmember Kleven reported on her attendance at the following and provided information on the following upcoming events: •April 15, 2014, volunteered at Garden City Elementary School for after-school activities fashion design class •April 15, 2014, Housing Commission meeting •April 16, 2014, volunteered at Garden City Elementary School for after-school activities cooking class •April 16, 2014, 24 th Annual Police/Citizen Awards Ceremony •April 21, 2014, Annual Board of Appeal and Equalization •April 22, 2014, SkyWarn Class at West Fire Station •April 23, 2014, Brooklyn Park's Senior Spring Forum, featuring local gardening expert Bobby Jensen •April 23, 2014, volunteered at Garden City Elementary School for after-school activities •April 24, 2014, Health and Wellness Fair at Brooklyn Center High School •April 26, 2014, Earth Fest celebration at Civic Center Councilmember Kleven was pleased to note that in February 2014, the median sale price of homes in Brooklyn Center was $122,550, which is an increase of 37.8% over this time last year, when the median sale price was $88,950. Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: •April 16, 2014, chaired CEAP Executive Committee meeting •April 21, 2014, Social Justice forum with ISAIAH representative Sylvia Winkelman and Pastor Doug Mork from Cross of Glory Church •April 21, 2014, Annual Board of Appeal and Equalization •April 26, 2014, Earth Fest celebration, volunteered at CEAP table and presented information on the Garden Gleaning Project, facilitating distribution of fresh home-grown produce to local food shelves Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: •April 16, 2014, 24 th Annual Police/Citizen Awards •April 17, 2014, "Keep Heroin out of Hennepin County" •April 21, 2014, Annual Board of Appeal and Equalization •April 22, 2014, Sky Warn Class at West Fire Station Councilmember Lawrence-Anderson thanked City staff for their hard work on redrafting the tobacco ordinance language. Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: •April 15, 2014, videotaped "In the Know" cable TV show •April 16, 2014, 24 th Annual Police/Citizen Awards •April 21, 2014, Annual Board of Appeal and Equalization •April 22, 2014, videotaped "Mayor's Minute" at Channel 12 studios •April 26, 2014, EarthFest celebration 04/28/14 -6- DRAFT Mayor Willson requested that City staff provide copies of the last meeting's minutes to the youth Councilmembers who were in attendance. 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Myszkowski seconded adjournment of the City Council meeting at 7:37 p.m. Motion passed unanimously. 04/28/14 -7- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION APRIL 28, 2014 CITY HALL — COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session called to order by Mayor/President Tim Willson at 8:08 p.m. ROLL CALL Mayor/President Tim Willson and Councihnembers/Commissioners Carol Kleven, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Finance Director Nate Reinhardt, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, and Mary Mullen, TimeSaver Off Site Secretarial, Inc. WATER TREATMENT PLANT — FUNDING AND RATE STUDY (Continued from Study Session) Public Works Director/City Engineer Steve Lillehaug stated that the City Council had requested clarification regarding 10-inch water meters for commercial use. Mayor/President Willson confirmed that it would be helpful for the City Council/EDA to receive information regarding numbers and sizes of larger water meters. Mr. Lillehaug agreed to provide that infonnation. Mayor/President Willson stated he supports Scenario 3 as outlined by Springsted and City staff. Councilmember/Commissioner Lawrence-Anderson stated she hopes residents understand the need for a water treatment plant in Brooklyn Center, and are supportive of this important project. She added she supports the recommendations of City staff and the City's financial consultants. Councilmember/Commissioner Ryan stated the City should follow the recommendation of Springsted Financial Consultants to choose Scenario 3. It was the majority consensus of the City Council/EDA to move forward with Scenario 3 as recommended by City staff and Springsted Consultants, and as outlined in the April 23, 2014, staff memo, with regard to funding for the City's new Water Treatment Plant. 04/28/14 -1- DRAFT WATER TREATMENT PLANT TOUR FEEDBACK City Manager Curt Boganey explained that the City Council/EDA toured the Andover water treatment plant on March 12, 2014. The purpose of this agenda item is to receive Council feedback. Mayor/President Willson stated he was impressed with the facility and its staff. Mr. Lillehaug stated he had presented video virtual tour of the proposed water treatment plant at the City Council's last meeting. He presented a site plan for the property, which has an apartment complex along its north border. He added City staff is committed to mitigating the impact of the proposed water treatment plant on surrounding land uses. He noted the necessity of a storm water mitigation plan that meets Watershed standards. Mayor/President Willson asked whether rainwater could be collected and treated at the plant, and used to water the grass around the site. Mr. Lillehaug stated he believes it is a good idea, and he agreed to look into it further. Mr. Lillehaug stated plans for the water treatment plant include a large generator on the site, which will allow the City to sustain operation of the plant in case of power failure. He added the generator, similar to the Andover water treatment plant, could be enclosed to control noise levels, with sound attenuators at three different levels. Mayor/President Willson stated he believes the proposed exterior of the building is architecturally pleasing, with the use of brick, stone and pre-cast panels. He asked what kind of stone will be used. Mr. Lillehaug stated it is a naturally fabricated stone made of poured concrete. Mr. Lillehaug stated the water treatment plant's interior will consist of a general office space, lab area, and reception. He added the general layout was designed with issues experienced at the Andover water treatment plant in mind. He noted water will be chemically treated on site, instead of in the City's wells, which is the current process. Mr. Lillehaug stated the front entrance includes a large metal decorative feature. Mayor/President Willson asked whether the City logo could be placed there. Mr. Lillehaug confirmed this. Councilmember/Commissioner Lawrence-Anderson asked whether solar panels had been considered. Mr. Lillehaug stated solar panels are not cost effective, unless a grant to subsidize the cost can be obtained. He added there is not currently such a grant available. Councilmember/Commissioner Ryan stated he supports the general concept and appearance of the proposed water plant. He stressed the importance of clear and open communication with residents regarding the proposed water treatment plant. Mr. Lillehaug stated that the cost effectiveness of the building's exterior elements was a design priority. 04/28/14 -2- DRAFT Councilmember/Commissioner Ryan requested that City staff consult with the developer regarding State sales tax rebates on City-purchased items. He added there have been some changes to that program in the legislature, highlighting the importance of proper reporting. Mr. Lillehaug stated the City's sales consultant is aware of the changes to the sales tax rebate program. Councilmember/Commissioner Ryan stated the developer should be aware of the necessity of design adaptability, as new threats to water quality continue to emerge. Mr. Lillehaug agreed, adding the filter area will be designed to accept another cell if additional capacity is required. Councilmember/Commissioner Myszkowski stated she likes the exterior metal elements depicted in the design drawings of the proposed building. She asked whether more green space could be incorporated. Mayor/President Willson agreed, adding the flat roof could be made into a rooftop garden at some point. Mr. Lillehaug stated the concept of a rooftop green space has been considered and implemented on other public structures. He played the video virtual tour of the proposed water treatment plant. Mayor/President Willson thanked Mr. Lillehaug for his presentation. OPPORTUNITY TO ACQUIRE "THE BLIND INSTALLATION AND REPAIR, INC." PROPERTY LOCATED AT 902 — 53 AVENUE N. Director of Business and Development Gary Eitel explained that the City has the opportunity to acquire the property located at 902 — 53 rd Avenue N, which is being used as a commercial site, but is currently zoned R2. He asked the City Council/EDA to consider this acquisition, and to determine whether they would support using TIF housing funds to acquire the property. It was the majority consensus of the City Council/EDA to direct City staff to proceed with the acquisition of the property located at 902 — 53 rd Avenue N, using TIF housing funds. ADJOURNMENT Councilmember/Commissioner Ryan moved and Councilmember/Commissioner Lawrence- Anderson seconded adjournment of the City Council/Economic Development Authority Work Session at 9:05 p.m. Motion passed unanimously. 04/28/14 -3- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA BOARD OF APPEAL AND EQUALIZATION RECONVENE MAY 5, 2014 CITY HALL — COUNCIL CHAMBERS 1.CALL TO ORDER The Brooklyn Center City Council reconvened the Local Board of Appeal and Equalization and the meeting was called to order by Mayor Tim Willson at 6:00 p.m. 2.ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were Business and Development Director Gary Eitel, Appraiser Jill Brenna, and Deputy City Clerk Maria Rosenbaum. Others present from the Hennepin County Assessor's Office were Administrative Manager Nancy Wojcik, and Principal Commercial Appraiser Josh Hoogland. 3.LOCAL BOARD OF APPEAL AND EQUALIZATION (LBAE) CERTIFICATION FORM The Local Board of Appeal and Equalization Certification form was signed by all Board Members. 4.ASSESSOR'S REPORT Appraiser Jill Brenna read the staff report for 6913 Oliver Avenue N and the Assessor's Office recommendation to sustain the 2014 estimated market value for this property at $153,900 for taxes payable in 2015. A motion by Councilmember Myszkowski, seconded by Councilmember Lawrence-Anderson to sustain the 2014 estimated market value for this property at $153,900 for taxes payable in 2015. Motion passed unanimously. Appraiser Jill Brenna read the staff report for 5343 Sailor Lane and the Assessor's Office recommendation to sustain the 2014 estimated market value for this property at $134,100 for taxes payable in 2015. 05/05/14 -1- DRAFT A motion by Councilmember Kleven, seconded by Councilmember Myszkowski to sustain the 2014 estimated market value for this property at $134,100 for taxes payable in 2015. Motion passed unanimously. Josh Hoogland from the Hennepin County Assessor's Office informed that all of the requested inspections and information data for the Earle Brown Terrace, Independent Living/Apartment Homes at 6100 Summit Drive had not been received and the recommendation at this time would be a payable 2015 market value estimate of $8,140,000 to remain unchanged. A motion by Councilmember Ryan, seconded by Councilmember Lawrence-Anderson to accept the County Assessor's Department recommendation at this time for a payable 2015 market value estimate of $8,140,000 to remain unchanged. Motion passed unanimously. 5. ADJOURN Councilmember Ryan moved and Councilmember Myszkowski seconded to adjourn the meeting at 6:14 p.m. Motion passed unanimously. 05/05/14 -2- DRAFT City Council Agenda Item N©0 6b COUNCIL ITEM MEMORANDUM DATE: May 6, 2014 TO: Curt Boganey, City Manager FROM: Maria Rosenbaum, Deputy City Clerk g UP" SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses on May 12, 2014. 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. MECHANCIAL Candor Companies, Inc. Gilbert Mechanical Louis Degidio Services, Inc. Seasonal Heating & A/C Southtovvn Refrigeration, Inc. St. Paul Plumbing and Heating Co. RENTAL See attached report. SIGN HANGER Leroy Signs, Inc. 8919 176 th Ave NE, Forest Lake 4451 W 76th Street, Edina 21033 Heron Way, Lakeville 8565 80 th Street N, Stillwater 6325 Welcome Avenue N, Brooklyn Park 640 Grand Avenue, St. Paul 6325 Welcome Avenue N, Brooklyn Park Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al /peoplepeople 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 Type 11-2 Year 1-2 units 3+ units 1-2 units 3+ units 0-1 0-0.75 Greater than 1 but not more than 4 Greater than 0.75 but not more than 1.5 Type III — 1 Year 1-2 units 3+ units Greater than 4 but not more than 8 Greater than 1 5 but not more than 3 Type IV —6 Months 1-2 units 3+ units Greater than 8 Greater than 3 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 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of hfe for all people and preserves the public Mat Property Address Dwelling Type Renewal or Initial Owner Property Code Violations License Type Police CFS * Final License Type ** Previous License Type *** 2113 55th Ave N Single Family Initial Invitation Homes 0 II N/A II 2925 69th Ln N Single Family Initial Svetlana Tsurkan 1 II N/A II 7119 Halifax Ave N Single Family Initial Jami Stromberg 3 II N/A II 7225 Major Ave N Single Family Initial Kin Chew 0 II N/A II 6109-11-13 Beard Ave N 1 Bldg 3 Units Renewal James and Bobbie Simons 0 I 0 I I 7200 Camden Ave N Evergreen Park Manor 5 Bldgs 80 Units Renewal Sean Bannerman 66 .83/Unit II 13 .16/Unit II IV 5000 France Ave N 1 Bldg 5 Units Renewal Dean Gannon 4 .80/Unit II 0 II I 5547 Lyndale Ave N 1 Bldg 4 Units Renewal Dragon Property Mgmt 1 .25/Unit I 0 I I 5601 Lyndale Ave N 1 Bldg 4 Units Renewal Dragon Property Mgmt 2 .50/Unit I 0 I I 4703 68th Ave N Two Family (1)Renewal Bernard McDonough 4 II 0 II II 3612 55th Ave N Single Family Renewal Lutheran Social Service of MN 3 II 0 II I 2928 67th Ln N Single Family Renewal Benjamin/Nicole Tramm 2 II 0 II I 5317 72nd Cir Single Family Renewal Alkis Michaelides 0 I 0 I I 6117 Beard Ave N Single Family Renewal Cynthia Douglas 0 I 0 I I 5025 Drew Ave N Single Family Renewal Ryan Ferguson - Did not meet plan requirements; missing CPTED 3 II 0 III III 7018 France Ave N Single Family Renewal Gary Brummer 7 III 0 III I 6777 Humboldt Ave N Single Family Renewal Andrey Ryvlin - Did not meet plan requirements; missing CPTED 8 III 1 III III 5518 Irving Ave N Passed w/Weather Deferral Single Family Renewal Tsongna Yang - Did not meet plan requirements; missing CPTED 7 III 0 III III 5819 Knox Ave N Passed w/Weather Deferral Single Family Renewal Gary Brummer 4 II 0 II I 6330 Kyle Ave N Single Family Renewal Nicholas Smith 1 I 0 I IV 4104 Lakeside Ave Single Family Renewal Daniel/Mindy Mazzuco 0 I 0 I I 4201 Lakeside Ave #106 Single Family Renewal Warsono Widjaja 0 I 0 I II Rental Licenses for Council Approval on May 12, 2014 Property Address Dwelling Type Renewal or Initial Owner Property Code Violations License Type Police CFS * Final License Type ** Previous License Type *** Rental Licenses for Council Approval on May 12, 2014 4724 Lakeview Ave Single Family Renewal Rebecca Hernandez 4 II 0 II II 3019 Mumford Rd Single Family Renewal Morris Matthews 2 II 0 II IV 2701 O'Henry Rd Single Family Renewal Sherman Kho 2 II 1 II III 5307 Penn Ave N Single Family Renewal Ben Dossman IV 4 II 0 II I 6912 Unity Ave N Single Family Renewal Geri Williams 2 II 0 II I 5836 York Ave N Single Family Renewal Coutney Tran 1 I 0 I II 4900 Zenith Ave N Single Family Renewal Invitation Homes 3 II 0 II IV * CFS = Calls For Service for Renewal Licenses Only (Initial Licenses are not applicable to calls for service and will be listed N/A.) ** License Type Being Issued Type I = 3 Year Type II = 2 Year Type III = 1 Year *** Initial licenses will not show a previous license type All are current on City utilities and property taxes City Council Agenda Item N©0 COUNCIL ITEM MEMORANDUM DATE: May 6, 2014 TO: Curt Boganey, City Manager FROM: Mike Albers, Project Manager THROUGH: Steve Lillehaug, Director of Public Works/City Engineer \, SUBJECT: Resolution Accepting Bid and Awarding a Contract, Improvement Project Nos. 2014-01, 02, 03 and 04, Wangstad Area Street and Utility Improvements Recommendation: It is recommended that the City Council consider approval of the lowest responsible bid and award a contract to R.L. Larson Excavating, Inc. for Improvement Project Nos. 2014-01, 02, 03 and 04, Wangstad Area Street and Utility Improvements. Background: Bids for the Wangstad Area Street and Utility Improvements, Project Nos. 2014-01, 02, 03 and 04, contract were received and opened on May 1, 2014. The bidding results are tabulated below: BIDDER TOTAL R.L. Larson Excavating, Inc.$6,326,003.19 Northdale Construction Co., Inc.$6,378,735.57 Ryan Contracting Co.$6,699,632.87 Kuechle Underground, Inc.$6,855,747.51 Of the four (4) bids received, the lowest bid of $6,326,003.19 was submitted by R.L. Larson Excavating, Inc., of St. Cloud, Minnesota. R.L. Larson Excavating, Inc., has the experience, equipment and capacity to qualify as the lowest responsible bidder for the project. Budget Issues: The bid amount of $6,326,003.19 is within the estimated construction cost and contingency total amount of $6,529,000. The total estimated budget including contingencies, administration, engineering and legal is $7,230,000 (see attached Resolution — Costs and Revenues tables). Strategic Priorities: • Vibrant Neighborhoods Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for people and preserves the public Mist Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NOS. 2014-01, 02,03 AND 04, WANGSTAD AREA STREET AND UTILITY IMPROVEMENTS WHEREAS, pursuant to an advertisement for bids for Improvement Project Nos. 2014-01, 02, 03 and 04, bids were received, opened, and tabulated by the City Clerk and Engineer on the 1 st day of May, 2014. Said bids were as follows: Bidder Total R.L. Larson Excavating, Inc.$6,326,003.19 Northdale Construction Co., Inc.$6,378,735.57 Ryan Contracting Co.$6,699,632.87 Kuechle Underground, Inc.$6,855,747.51 WHEREAS, it appears that R.L. Larson Excavating, Inc., of St. Cloud, Minnesota is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1.The Mayor and City Manager are hereby authorized and directed to enter into a contract with R.L. Larson Excavating, Inc., of St. Cloud, Minnesota in the name of the City of Brooklyn Center, for Improvement Project Nos. 2014-01, 02, 03 and 04, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Engineer. 2.The estimated project costs and revenues are as follows: Amended COSTS Estimated per Low Bid Contract $5,990,000 $6,326,003.19 Lighting $ 44,000 $ 53,903.20 Contingency $ 539,000 $ 193,093.61 Subtotal Construction Cost $6,573,000 $6,573,000.00 Admin/Legal/Engr.$ 657,000 $ 657,000.00 Total Estimated Project Cost $7,230,000 $7,230,000.00 RESOLUTION NO. Amended REVENUES Estimatedper Low Bid Street Assessment $1,194,000 $1,178,864.32 Storm Drainage Assessment $ 363,000 $ 358,791.46 Sanitary Sewer Utility $1,293,000 $1,261,860.41 Water Utility Fund $1,361,000$1,382,584.36 Storm Drainage Utility Fund $1,114,000$1,113,211.53 Street Light Utility $ 48,000 $ 57,903.20 Municipal State Aid (MSA)$ 250,000 $ 250,000.00 Street Reconstruction Fund $1,607,000 $1,608,259.72 CenterPoint Energy $ -0-$ 18,525.00 Total Estimated Revenue $7,230,000 $7,230,000.00 May 12, 2014 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. 7a COUNCIL ITEM MEMORANDUM DATE: May 7, 2014 TO: Curt Boganey, City Manager FROM: Kevin Benner, Chief of Police SUBJECT: Observance of Police Week and Peace Officer Memorial Day Recommendation: It is recommended that the City Council resolve to observe May 15, 2014 as Peace Officers Memorial Day; and the week of May 11 through May 17, 2014 as Police Week. Background: Congress and the President of the United States has designated May 15th as Peace Officers Memorial Day, and the week in which it falls as Police Week. Observance of Police Week and Peace Officers Memorial Day will help recognize our Brooklyn Center Police Department and other law enforcement agencies, as well as officers who died or were disabled in the line of duty. Budget Issues: There are no budget issues to consider. Strategic Priorities: • Community Image Mission: Ensuring an attractive, clean, safe, inclusive &mummify 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 RECOGNIZING MAY 11 THROUGH MAY 17, 2014, AS POLICE WEEK AND MAY 15, 2014, AS POLICE OFFICERS MEMORIAL DAY WHEREAS, the Congress and President of the United States has designated May 15 as Peace Officers Memorial Day, and the week in which it falls as Police Week; and WHEREAS, the members of the law enforcement agency of Brooklyn Center play an essential role in safeguarding the rights and freedoms of the citizens of Brooklyn Center; and WHEREAS, it is important that all citizens know and understand the problems, duties and responsibilities of their police department, and that members of our police department recognize their duty to serve the people by safeguarding life and property, by protecting them against violence or disorder, and by protecting the innocent against deception and the weak against oppression or intimidation; and WHEREAS, the police department of Brooklyn Center has grown to be a modern and scientific law enforcement agency which unceasingly provides a vital public service. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the citizens of Brooklyn Center and all patriotic, civil and educational organizations be called upon to observe the week of May 11 through 17, 2014, as Police Week with appropriate ceremonies in which all of our people may join in commemorating police officers, past and present, who by their faithful and loyal devotion to their responsibilities have rendered a dedicated service to their communities and, in doing so, have established for themselves an enviable and enduring reputation for preserving the rights and security of all citizens. BE IT FURTHER RESOLVED, be it resolved that all citizens of Brooklyn Center be called upon to observe Thursday, May 15, 2014 as Peace Officers Memorial Day in honor of those peace officers who, through their courageous deeds, have lost their lives or have become disabled in the performance of duty. May 12, 2014 Date ATTEST: Mayor City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 9a COUNCIL rTEiv - ORK\ UM DATE: May 12, 2014 TO: Curt Boganey, City Manager FROM: Tim Benetti, Planning and Zoning Specialisg- THROUGH: Gary Eitel, Director of Business and Development k-ct SUBJECT: Resolution Regarding the Disposition of Planning Application No. 2014-001 Submitted by the City of Brooklyn Center to Rezone Property from R4 (Multiple- Family Residence) to R1 (One-Family Residence) District for Property Located at 7100 Camden Avenue North. AND Consideration of An Ordinance Amending Chapter 35 of the City Code of Ordinances Regarding the Zoning Classification of Certain Land Located at 7100 Camden Avenue North. - Motion to Approve First Reading and Set Second Reading and Public Hearing on this Ordinance for June 9, 2014 Council Meeting Recommendation: It is recommended that the City Council adopt the resolution regarding the disposition of Planning Commission Application No. 2014-001, submitted by the City of Brooklyn Center to rezone property from R4 (Multiple-Family Residence) to R1 (One-Family Residence) District for property located at 7100 Camden Avenue North. Following this action, it is further recommended the Council consider an ordinance amending Chapter 35 of the City Code of Ordinances regarding the zoning classification of certain land located at 7100 Camden Avenue North, and by further making a motion to approve the first reading and set the second reading and public hearing on this Ordinance for June 9, 2014. Background: On May 1, 2014, the Planning Commission reviewed under a separate public hearing Planning Commission Application Nos. 2014 001, submitted by the City of Brooklyn Center to rezone the city-owned lands located at 7100 Camden Avenue North (also legally described as Lot 1, Block 2, Thomas Construction 2 nd Addition). The City requests a change from R4 Multiple Family Residence to R1 One Family Residence District, which will facilitate the development of the city's new $18.2 million water treatment facility at this location. By adopting this resolution, the City Council is taking the first step in approving the overall (combined) requests by The City of Brooklyn Center to rezone and develop this property. In setting the next public hearing date for June 9, 2014, the City Council will consider under additional public hearing the 2 nd Reading of the proposed Ordinance to amend Chapter 35 — Zoning, along with amending the official Zoning Map for the City of Brooklyn Center. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMO NDUM Under City Code Section 35-1100, all of the incorporated territory of the City of Brooklyn Center is established and placed in the R1 (One Family Residence) District, except those areas that are specifically placed in and established under other districts. The attached draft ordinance only indicates an amendment change to City Code Section 35-1130 - Multiple Family Residence District (R4), which specifically calls for the removal (strikeout text) of Lot 1 under this sub- part. By adopting this ordinance amendment, this city's legally described parcel will revert to the R1 One-Family Residence District. Attached for review is Planning Commission Resolution No. 2014-01, in which the Commission provided a unanimous and favorable recommendation of the proposed rezoning request. Also included with this resolution is a copy of the May 1, 2014 planning report regarding this application request, which provides background information; analysis of the rezoning; and certain findings and recommendation by city staffs. Excerpts minutes from the May 1, 2014 Planning Commission meeting as related to this matter are also attached for the Council's review. Budget Issues: There are no budget issues to consider. Strategic Priorities: 0 Community Image Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2014-001 SUBMITTED BY THE CITY OF BROOKLYN CENTER TO REZONE PROPERTIES FROM R4 (MULTIPLE FAMILY RESIDENCE) TO R1 (ONE FAMILY RESIDENCE) DISTRICT FOR PROPERTY LOCATED AT 7100 CAMDEN AVENUE NORTH WHEREAS, Planning Commission Application No. 2014-001 submitted by The City of Brooklyn Center, Minnesota requesting the rezoning from R4 (Multiple Family Residence) to R1 (One Family Residence) District, for the property located at 7100 Camden Avenue North; and WHEREAS, the proposal comprehends the rezoning of the above mentioned properties to facilitate the planned and future development of the city's new water treatment facility; and WHEREAS, the rezoning of this site from R4 (Multiple Family Residence) to R1 (One Family Residence) District would allow the City to apply under separate considerations a special use permit, pursuant to City Code Section 35-310; Subpara. 2. Special Uses, specifically as a "Publicly- owned structure" and "Other noncommercial uses required for the public welfare in an R1 district, as determined by the City Council"; and WHEREAS, the Planning Commission held a duly called public hearing on May 1, 2014, whereby a planning report was presented and public testimony regarding the rezoning were received, and WHEREAS, the cunent underlying land use of PRO-RU (Public/Recreation/Open Space and Railroad/Utility) would support the zone change of this site to an R1 district, as this same district supports a number of public uses and utility services throughout the community; and WHEREAS, the Planning Commission considered the rezoning request in light of all testimony received, the guidelines for evaluating rezoning contained in Section 35-208 of the City's Zoning Ordinance, along with the provisions and standards of the R1 One Family Residence District contained in Section 35-310 of the City's Zoning Ordinance; and WHEREAS, the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Application No. 2014-001 submitted by The City of Brooklyn Center be approved based upon the following findings: A. The proposed rezoning appears to demonstrate a clear and public need or benefit to the community and regional area, as it will improve the appearance of the city and enhance the quality of life, the production of safe, clean drinking water for the community, and civic pride in this neighborhood area. RESOLUTION NO. B.The rezoning and its related development of the water treatment facility will not be a detriment to the neighborhood, and should provide a positive impact on the community. C.The rezoning will facilitate the redevelopment of this site, which will be compatible with the goals and policies of the City's Comprehensive Plan and underlying land use plan. D. The proposed zoning is consistent and compatible with the surrounding land use classifications. AND WHEREAS, the Planning Commission did adopt Planning Commission Resolution No. 2014-01, which provides a favorable and unanimous recommendation to the City Council that Planning Application No. 2014-001, 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. 2014-001, as submitted by The City of Brooklyn Center requesting the rezoning from R4 (Multiple Family Residence) to R1 (One Family Residence) District, for the property located at 7100 Camden Avenue North, is hereby approved subject to the following conditions and considerations. 1.The rezoning is subject to the successful acceptance and approval by the City Council of the related special use permit and site plan for the city's new water treatment facility on the the subject site. 2.All conditions noted in the City Engineer's Review Memorandum (dated 04/25/14) and all other subsequent or updated conditions required by the City Engineer are submitted and/or fulfilled. 3.The official change of zone indicated herein will become effective only after adoption of the separate city ordinance amendment to City Code Chapter 35 — Zoning and upon thirty (30) days following its legal publication. 4.Whereupon completion of the 30 day legal publication and official adoption of this ordinance, the Zoning Administrator is hereby authorized to make changes to the Official Zoning Map for the City of Brooklyn Center. RESOLUTION NO. May 12, 2014 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 OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 9 th day of June, 2014, at 7:00 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain lands, generally located in the Northeast Quadrant Section of the City of Brooklyn Center, and located at 7100 Camden Avenue North. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at (763) 569-3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY CODE OF ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND GENERALLY LOCATED IN THE NORTHEAST QUADRANT SECTION OF THE CITY OF BROOKLYN CENTER, LOCATED AT 7100 CAMDEN AVENUE NORTH. THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 35-1130. MULTIPLE FAMILY RESIDENCE DISTRICT (R4). The following properties are hereby established as being within the (R4) Multiple Family Residence District zoning classification: Lot 1 of Block 1 and Lots 1 and Lot 2 of Block 2, Thomas Construction Company 2nd Addition. Section 2. This ordinance shall become effective after adoption and upon thirty days following its legal publication. Adopted this day of , 2014. Mayor 1 ATTEST: City Clerk Date of Publication Effective Date (Note: (Strikeout text indicates matter to be deleted, while underline indicates new matter.) 2 ii"117il; BROOKLIW CENTER Planning Commission eport •Application Filed: 04/03/14 •Review Period (60-day) Deadline: 06/02/14 •Extension Declared: N/A •Extended Review Period Deadline: N/A Meeting Date: May 1, 2014 Application No. 2014-001 Applicant: The City of Brooklyn Center Location: 7100 Camden Avenue North Request: Rezoning from R4 (Multiple Family Residence) to R1 (One Family Residence) INTRODUCTION The City of Brooklyn Center is requesting to rezone the city-owned property located at 7100 Camden Avenue North, from R4 (Multiple Family Residence) to R1 (One Family Residence). This new zoning will facilitate the development of a new city-owned water treatment facility on the subject site. This report will provide background information, an analysis, and suggested recommendations to this rezoning request. This item is being presented under a public hearing, with proper notice published in the local newspaper and mailed to the surrounding property owners. LAND USE & ZONING HISTORY The subject site is generally located at the northeast corner of Camden and 70 th Avenue, sandwiched between Evergreen Park to the west and HWY 252 to the east (See location/aerial map below). The site consists of 8.95 acres, and is used by the Public Works Dept. as a general road equipment storage yard, a well house and well-field, and a brush and branch dump. The city acquired this site in 1980. Rezoning —City of BC PC 05/01/14 Page 1 -77 4 THOMAS CONSTRUCTION CO. 2N 0 ADDITION r— C. —1.• _____ _141L ----- r- j --• -,,^ _'■• - • ,•• ZONING DISTRICTS r....,14.1.11rarmlar r7. basi IS2 Oliftya ! The property was created under the original "Thomas Construction Co. 2" Addition" in 1969. It is believed the properties created under this plat were rezoned from R1 to R4 Multiple Family Residence around this same date, and has remained R4 since that time. The original configurations of this Thomas Co. 2" plat have greatly chanrd due to the HWY 252 expansion to the east and the 70 th Avenue North connector from 69" to HWY 252 to the south. The northerly portion (Lot 2, Block 2, Thomas Co. 2") of this plat was developed in 1972 with the Evergreen Park Manor Apartments. The southernmost portion (Lot 1, Block 1, Thomas Co. 211(1) was developed into the Riverglen Apartments. The middle segment of the plat (Lot 1, Block 2) never developed and was acquired later by the city in 1980 for use by the Public Works Dept. The surrounding properties consist of R1 (One Family Res.) to the west and R4 (Multiple Family) to the north and south. Rezoning —City of BC PC 05/01/14 Page 2 The property is guided under the 2030 Comprehensive Plan as "PRO-RU" (Parks/Recreation/Open Space and Railroad-or-Utility). Under the current R4 Zone, there are no permitted or special use identifiers that would apply or allow this new public use facility to be developed on the subject site. This change of zone from R4 to R1 will facilitate the follow-up request by the City of a new special use permit, under City Code Section 35-310; Subpara. 2. Special Uses: e. Publicly-owned structures, other than poles and underground facilities in easements or in rights-of-way of public streets or alleys. g. Other, noncommercial uses required for the public welfare in an RI district, as determined by the City Council. This special use permit is under separate consideration from this rezoning matter, and is contingent upon the successful rezoning of this site. ANALYSIS As with all rezoning requests, the Planning Commission must review the rezoning proposal based on the Rezoning Evaluation Policy and Review Guidelines contained in the zoning ordinance. The policy states that rezoning classifications must be consistent with the City's Comprehensive Plan and must not constitute "spot zoning", which is defined as a zoning decision which discriminates in favor of a particular land owner and does not relate to the Rezoning —City of BC PC 05/01/14 Page 3 Comprehensive Plan or accepted planning principals. Each rezoning proposal must be considered on its merits and measured against the City's policy and against the various guidelines, which have been established for rezoning review. The following is a review of the rezoning guidelines contained in the zoning ordinance as we believe they relate to the applicant's comments and their proposal: a.Is there a clear and public need or benefit? It is staffs opinion that this rezoning and related development plan for this new $18.2 million water treatment plan can be viewed as meeting a clear and public need or benefit to the community. The City of Brooklyn Center has nine water supply wells with concentrations of manganese ranging from 0.23 milligrams per liter (mg/L) to 0.59 mg/L. The US EPA Secondary Standard for manganese is 0.05 mg/L. The city's water has been attributed to the black staining of plumbing fixtures, laundry and taste complaints. In addition, the Minnesota Department of Health has issued a health guidance value for manganese of 0.1 mg/L for bottle fed infants and 0.3 mg/L for children and adults. The most cost effective method for removing manganese from drinking water is chemical oxidation followed by sand filtration. This requires construction of a water treatment plant. The rezoning of the subject site will accommodate the processing of a proposed special use permit for this water plant as an essential public service utility, which will be contingent upon the approval of this rezoning. b.Is the proposed rezoning consistent and compatible with the surrounding land use classifications? The down-zoning from R4 to R1 should be negligible and fairly unnoticeable due to the future use and development proposed on this site. This rezoning is only needed to facilitate the proposed development of the site with a necessary public utility use; and is not being used to provide additional single-family housing or other permitted uses under the R1 District. The multiple family residential complex to the north will be buffered or separated by the existing well field to the north of the new facility; and the existing Public Works fenced-in storage area to the south will remain to serve as a separator or buffer to the south. The area to the west is Evergreen Park, which is a large community park that will remain and provide a large separation and buffer to the single family uses in and around the park land. It is staffs belief that the proposed rezoning will not affect or negatively impact the surrounding properties, as this water treatment plant and its processing of groundwater will be fully enclosed within the new facility, nor will any unusual noises, or any noticeable, harmful or noxious odors emitted from the site. Although the water treatment facility will take on the appearance of a large, commercial/industrial type building, it will be centrally located on the subject site and will be adequately screened and buffered by existing trees and vegetation; or by existing open spaces areas controlled and maintained by the City. Rezoning —City of BC PC 05/01/14 Page 4 c.Can all proposed uses in the proposed zoning district be contemplated for development of the subject property? The subject site has been targeted for the future development of the new water treatment facility. The new facility can only be accomplished by the approval of a new special use permit application and site plan review under the R1 District special use permit standards. Under the existing R4 Zone, this water plant would not be allowed or able to proceed under any special use application. The alternative to this site would be the city needing to find or acquire a suitable or similar sized 9—acre or smaller parcel, and develop accordingly, which could prove quite costly. This site is already owned and maintained by the city and is strategically located near the existing city well field. This site is ideal for this new proposed public utility use and can be accommodated under this new R1 zoning district. d.Have there been substantial physical or zoning classification changes in this area since the subject property was zoned? To the best of staffs' knowledge, and in reviewing former zoning maps of the city in this area, there have been no substantial physical or zoning classification changes in this area since it was presumably rezoned in 1969 or thereafter. e.In the case of City initiated rezoning proposals, is there a broad public purpose evident? In these rare cases where the rezoning is city initiated, we feel there is a broad public purpose and necessity evident to support this land use change. We continue to support the previous statement made above that this rezoning and related water treatment plant can be viewed as meeting a clear and public need or benefit to the community. The rezoning of the subject site will accommodate the processing of a proposed special use permit for this water plant as an essential public service utility, which will be contingent upon the approval of this rezoning. f.Will the subject property bear fully the ordinance development restrictions for the proposed zoning district? Staff believes the new zoning of the subject site is specific only to the proposed use by the City; and this new water treatment facility will be constructed with additional setbacks, buffers and security elements normally not required or proposed in typical R1 developed sites or areas. The new facility can be easily accommodated on this site, and will have no negative effects upon the surrounding uses or the adjacent roadway systems. g. Is the subject property generally unsuited for uses permitted in the present zoning district with respect to size, configuration, topography or location? The subject site currently contains approximately 9- acres of land area. Based on the required land square footage to unit ratio (3,600 SF/unit), this site, if completely vacant and buildable, could accommodate potentially up to 109 residential units. The city acquired this site in 1980's for specific reasons; to be used as the city's well field, which Rezoning —City of BC PC 05/01/14 Page 5 in turn supply the city municipal water supply systems, and as storage yard for general Public Works Dept. and city needs. Due to the civic and municipal needs of this site, and the unlikely scenario this site would ever be developed into multi-family residential, Staff believes this site has become generally unsuited for the uses permitted in this district. This change of zoning is more of a house-keeping measure to provide a suitable mechanism to allow the special use permit to proceed on the public structure and essential utility service. h.Will the rezoning result in an expansion of a zoning district warranted by: 1. Comprehensive Planning; 2. Lack of developable land in the proposed zoning district, or; 3. The best interest of the community? The new R1 Zone can be considered an allowable district under the PRO-RU combined land use for this site. Many of the city parks are included in the R1 Districts, which include public structures and facilities for the general publics use and enjoyment. Although this site will not be for the general public's use and enjoyment, it will serve as an essential and beneficial need for the community; and is in the best interest of the community. i.Does the proposal demonstrate merit beyond the interests of an owner or owners of an individual parcel? Staff believes that the new zoning has merit beyond just the particular interests of the City in that it provides an ideal opportunity for the city to provide a viable and reasonable use of the land for a public need that is for the benefit and safety of its citizens. The zoning will provide an opportunity for quality redevelopment that is consistent with the City's Comprehensive Plan and can be considered in the general best interests of the community. RECOMMENDATIONS Staff recommends the Planning Commission approves the proposed request for zoning from R4 Multiple Family Residence to R1 One Family Residence, based on the following findings, which are noted in the attached Planning Commission Resolution No. 2014-01: A.The proposed rezoning appears to demonstrate a clear and public need or benefit to the community and regional area, as it will improve the appearance of the city and enhance the quality of life, the production of safe, clean drinking water for the community, and civic pride in this neighborhood area; B.The rezoning and its related development of the water treatment facility will not be a detriment to the neighborhood, and should provide a positive impact on the community; C. The rezoning will facilitate the redevelopment of this site, which will be compatible with the goals and policies of the City's Comprehensive Plan and underlying land use plan. Rezoning —City of BC PC 05/01/14 Page 6 D. The proposed zoning is consistent and compatible with the surrounding land use classifications; With these findings, Staff recommends the Planning Commission provide a recommendation to the City Council to authorize the change of zoning of the subject site from R4 (Multiple Family Residence) to R1 (One Family Residence) district, subject to the following conditions: 1.The rezoning is subject to the successful acceptance and approval by the City Council of the related special use permit and site plan for the city's new water treatment facility on the the subject site. 2.All conditions noted in the City Engineer's Review Memorandum (dated 04/25/14) and all other subsequent or updated conditions required by the City Engineer are submitted and/or fulfilled. Rezoning —City of BC PC 05/01/14 Page 7 Commissioner Schonning introduced the following resolution and moved its adoption PLANNING COMMISSION RESOLUTION NO. 2014-01 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2014-001 SUBMITTED BY THE CITY OF BROOKLYN CENTER TO REZONE PROPERTIES FROM R4 (MULTIPLE FAMILY RESIDENCE) TO R1 (ONE FAMILY RESIDENCE) DISTRICT (PROPERTY LOCATED AT 7100 CAMDEN AVENUE NORTH) WHEREAS, Planning Commission Application No. 2014-001 submitted by The City of Brooklyn Center, Minnesota requesting the rezoning from R4 (Multiple Family Residence) to R1 (One Family Residence) District, for the property located at 7100 Camden Avenue North; and WHEREAS, the proposal comprehends the rezoning of the above mentioned properties to facilitate the planned and future development of the city's new water treatment facility; and WHEREAS, the rezoning of this site from R4 (Multiple Family Residence) to R1 (One Family Residence) District would allow the City to apply under separate considerations a special use permit, pursuant to City Code Section 35-310; Subpara. 2. Special Uses, specifically as a "Publicly-owned structure" and "Other noncommercial uses required for the public welfare in an R1 district, as determined by the City Council"; and WHEREAS, the Planning Commission held a duly called public hearing on May 1, 2014, whereby a planning report was presented and public testimony regarding the rezoning were received, and WHEREAS, the current underlying land use of PRO-RU (Public/Recreation/Open Space and Railroad/Utility) would support the zone change of this site to an R1 district, as this same district supports a number of public uses and utility services throughout the community; and WHEREAS, the Planning Commission considered the rezoning request in light of all testimony received, the guidelines for evaluating rezoning contained in Section 35-208 of the City's Zoning Ordinance, along with the provisions and standards of the R1 One Family Residence District contained in Section 35-310 of the City's Zoning Ordinance; 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. 2014-001 submitted by The City of Brooldyn Center be approved based upon the following findings: A. The proposed rezoning appears to demonstrate a clear and public need or benefit to the community and regional area, as it will improve the appearance of the city and enhance the quality of life, the production of Res. 2014-01 1 of 2 Chair safe, clean drinking water for the community, and civic pride in this neighborhood area; B.The rezoning and its related development of the water treatment facility will not be a detriment to the neighborhood, and should provide a positive impact on the community; C.The rezoning will facilitate the redevelopment of this site, which will be compatible with the goals and policies of the City's Comprehensive Plan and underlying land use plan. D. The proposed zoning is consistent and compatible with the surrounding land use classifications; AND BE IT FURTHER RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center, hereby recommend to the City Council that Application No. 2014-001 submitted by the City of Brooklyn Center requesting to change the zoning of the subject parcel from R4 to R1, be made subject to the following conditions: 1.The rezoning is subject to the successful acceptance and approval by the City Council of the related special use permit and site plan for the city's new water treatment facility on the the subject site. 2.All conditions noted in the City Engineer's Review Memorandum (dated 04/25/14) and all other subsequent or updated conditions required by the City Engineer are submitted and/or fulfilled. May 1, 2014 Date The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Christensen. and upon vote being taken thereon, the following voted in favor thereof: Chair Burfeind, Commissioners Christensen and Schonning. and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Res. 2014-01 2 of 2 MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA MAY 1, 2014 CALL TO ORDER The Planning Commission meeting was called to order by Chair Burfeind at 7:07 p.m. ROLL CALL Chair Burfeind, Commissioners Randall Christensen, and Stephen Schonning were present. Also present were Secretary to the Planning Commission Tim Benetti, Director of Business & Development Gary Eitel, and Planning Commission Recording Secretary Rebecca Crass. Benjamin Freedman and Carlos Morgan were absent and excused. APPROVAL OF MINUTES — MARCH 27, 2014 There was a motion by Commissioner Schonning, seconded by Commissioner Christensen, to approve the minutes of the March 27, 2014 meeting as submitted. The 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. 2014-001 CITY OF BROOKLYN CENTER Chair Burfeind introduced Application No. 2014-001, a request to rezone the subject property from R4 (Multiple Family Residence) to R1 (One Family Residence) for the property located at 7100 Camden Avenue North. (See Planning Commission Report dated 5-01-14 for Application No. 2014-001.) Mr. Benetti explained the city is requesting rezoning approval to facilitate the development of a new city-owned water treatment facility on the site located at the northeast corner of Camden and 70 th Avenue North. He added the site is 8.95 acres and has been used by Public Works since 1980 as a general road equipment storage yard, a well house and well-field, and a brush and branch dump. Mr. Benetti provided a history of the property and stated the surrounding properties consist of R- 1 (One Family Residence) zoned parcels to the west and R-4 (Multiple Family) zoned parcels to the north and south. He added under the current zoning, the new proposed use would not be allowed and the change in zoning would facilitate a request by the City for a special use permit. Mr. Benetti further explained that with all rezoning requests, the Rezoning Evaluation Policy and Review Guidelines contained in the zoning ordinance must be reviewed and the rezoning classification must be consistent with the City's Comprehensive Plan and must not constitute EXCERPTS MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION MAY 1, 2014 "spot zoning" Mr. Benetti provided a review of the rezoning guidelines contained in the zoning ordinance as staff believes they relate to the rezoning proposal. Commissioner Christensen asked about requirements for the rain gardens. Mr. Benetti responded that all commercial properties must treat the water on the site and this proposed development will be referred to the Watershed Commission for their comments regarding water run-off on the site. Mr. Christensen stated he feels there is a little 'overkill' with the rain gardens on the site and feels it will affect maintenance and cost on the site for a site with minimal use. Mr. Benetti replied typically rain gardens tend to attract litter and debris which requires maintenance, however, since the city will be monitoring the site, it will be better cared for than other private sites. He added they do function and serve a good purpose when properly maintained. Mr. Eitel interjected the rain gardens are aesthetic and also serve a function since they may be connected to others to provide proper drainage on a site without the cost of changes to the infrastructure. Commissioner Christensen further stated the plan appears to have a turn around on one end of the property but it is lacking on the other side. Mr. Eitel responded there is a lot of land on the site and there will be a lot of buffering including a fence around the entire parcel. Commissioner Schonning asked if the buffer provided would provide an adequate sound barrier to the neighboring properties. Mr. Benetti stated the generator on the site will primarily be used for emergency purposes and will be enclosed in a concrete casement with sound deadening foam. He added when the generator is operating it will sound more like a hum and the trees on the north side will provide additional buffer. Chair Burfeind stated the rain gardens on the plans are not typical and they have drain pipes on the bottom that allows the water to filter and then drain underground before the water is treated. PUBLIC HEARING — APPLICATION NO. 2014-001 There was a motion by Commissioner Schonning, seconded by Commissioner Christensen, to open the public hearing on Application No. 2014-001, at7:45 p.m. The motion passed unanimously. Chair Burfeind called for comments from the public. No one from the public appeared at the public hearing. CLOSE PUBLIC HEARING There was a motion by Commissioner Schonning, seconded by Commissioner Christensen, to close the public hearing on Application No. 2014-001. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Application. Page 2 5-01-14 EXCERPTS MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION MAY 1, 2014 ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2014-01 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2014-001 SUBMITTED BY THE CITY OF BROOKLYN CENTER TO REZONE PROPERTIES FROM R4 (MULTIPLE FAMILY RESIDENCE) TO R1 (ONE FAMILY RESIDENCE) DISTRICT (PROPERTY LOCATED AT 7100 CAMDEN AVENUE NORTH) There was a motion by Commissioner Schonning, seconded by Commissioner Christensen, to approve Planning Commission Resolution No. 2014-01. Voting in favor: Chair Burfeind, Commissioners Christensen, and Schonning And the following voted against the same: None The motion passed unanimously. The Council will consider the application at its May 12, 2014 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. Page 3 5-01-14 City Council Agenda Item No. 9b CO MCA, EM IV -EVORA:\ UM DATE: May 12, 2014 TO: Curt Boganey, City Manager FROM: Tim Benetti, Planning and Zoning Specialist THROUGH: Gary Eitel, Director of Business and Development Ace:_, SUBJECT: Resolution Regarding the Disposition of Planning Commission Application No. 2014-002 Submitted by the City of Brooklyn Center for Special Use Permit to Allow the Construction of a new 27,000 sq. ft. Water Treatment and Production Facility in the R1 (One Family Residence) Zoning District, Located at 7100 Camden Avenue North. Recommendation: It is recommended that the City Council, following consideration of this item, adopt the resolution regarding the disposition of Planning Commission Application No. 2014-002 submitted by the City of Brooklyn Center for Special Use Permit to allow the construction of a new 27,000 sq. ft. water treatment and production facility in the R1 (One Family Residence) Zoning District, located at 7100 Camden Avenue North. Background: On May 1, 2014 the Planning Commission reviewed Planning Commission Application No. 2014-002, submitted by by the City of Brooklyn Center for a Special Use Permit to allow the construction of a new 27,000 sq. ft. water treatment and production facility in the RI (One Family Residence) Zoning District, located at 7100 Camden Avenue North. Since this special use permit is only valid under an R1 (One-Family Residence) district, the Council is being asked to approve this special use permit subject to the successful rezoning of the subject site from its current R4 (Multiple-Family Residence) zoning to the proposed R1 Zone (under separate Council consideration). Attached for review is Planning Commission Resolution No. 2014-02, which the Commission provides a unanimous and favorable recommendation of the new Special Use Permit proposal. Excerpt minutes from this May 1, 2014 Planning Commission meeting as related to this matter are also attached for the Council's review. Budget Issues: There are no budget issues to consider. Strategic Priorities: 0 Financial Stability Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2014-002 SUBMITTED BY THE CITY OF BROOKLYN CENTER, MINNESOTA FOR SPECIAL USE PERMIT TO ALLOW THE CONSTRUCTION OF A NEW 27,000 SQ. FT. WATER TREATMENT AND PRODUCTION FACILITY IN THE R1 (ONE FAMILY RESIDENCE) ZONING DISTRICT, LOCATED AT 7100 CAMDEN AVENUE NORTH WHEREAS, Planning Commission Application No. 2014-002 submitted by The City of Brooklyn Center, Minnesota, requesting a Special Use Permit to allow the construction of a new 27,000 sq. ft. water treatment and production facility in the R1 (One Family Residence) District, located at 7100 Camden Avenue North; and WHEREAS, this Special Use Permit is being requested under City Code Section 35- 310; Subpart 2. Special Uses, which allows for certain structures and uses under the R1 District, and which are specifically identified as follows: 35-310: Subpart 2.e. Publicly-owned structures, other than poles and underground facilities in easements or in rights-of-way of public streets or alleys. and 35-310: Subpart. 2.g. Other, noncommercial uses required for the public welfare in an R1 district, as determined by the City Council. WHEREAS, the Planning Commission held a duly called public hearing on May 1, 2014, whereby a staff report and public testimony regarding the special use permit were received and noted for the record; and WHEREAS, the Planning Commission considered the Special Use Permit request, and in light of all testimony received, and reviewing and considering the guidelines and standards for evaluating this special use permit as contained in City Zoning Code Section 35-220, that this special use permit meets the general standards for issuing or approving said permits, and complies with the goals and objectives of the City's 2030 Comprehensive Plan. WHEREAS, upon its full consideration, the Planning Commission determined the special use permit may be approved based upon the following findings used to 'evaluate special use permits: 1. The establishment, maintenance, or operation of the special use will promote and enhance the general public welfare and will not be detrimental to or RESOLUTION NO. endanger the public health, safety, morals, or comfort. 2.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. 3.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. 4.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. 5.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 did adopt Planning Commission Resolution No. 2014-02, which provides a favorable and unanimous recommendation to the City Council that Planning Application No. 2014-002, may be approved subject to certain conditions and considerations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooldyn Center, Minnesota, that Planning Application No. 2014-002, as submitted by The City of Brooldyn Center requesting a Special Use Permit to allow the construction of a new 27,000 sq. ft. water treatment and production facility in the proposed R1 (One Family Residence) District, located at 7100 Camden Avenue North, is hereby approved subject to the following conditions and considerations. 1.This Special Use Permit is subject to all applicable codes, ordinances, and regulations. Any violation, thereof, may be grounds for revocation. 2.Any improvement plans that are made subject to the approval of this special use permit are subject to review and approval by the Building Official with respect to applicable codes through the building permit process. 3. This special use permit shall become valid only if the City Council accepts and approves the rezoning of the Subject Site from R4 Multiple-Family Residence to R1 One-Family Residence District. RESOLUTION NO. May 12, 2014 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. irOKL YN „,. BRO CENTER Nanning Commission Report O Application Filed: 04/03/14 O Review Period (60-day) Deadline: 06/02/14 O Extension Declared: N/A O Extended Review Period Deadline: N/A Meeting Pate: May 1, 2014 Application No. 2014-002 & 2014-003 Applicant: The City of Brooklyn Center Location: 7100 Camden Avenue North Request: Special Use Permit and Site Plan for the New Municipal Water Treatment Plant INT °DUCT' The City of Brooldyn Center is requesting review and consideration of a Site and Building Plan and Special Use Permit approval of a new 27,000 sf, water treatment and production facility, located at 7100 Camden Avenue North. The Special Use Permit application requires a public hearing, while the Site Plan only requires a general review. However, since both of these applications are mutually dependent upon each other, the Planning Commission may elect to consider both application reviews under the public hearing process, whereby comments from the general public (if any) will be allowed and noted for the record. Notices were mailed to the adjacent properties within 350-feet of the subject site. BACKGRI UND The subject site is generally located at the northeast corner of Camden and 70 th Avenue, sandwiched between Evergreen Park to the west and HWY 252 to the east (See location/aerial map below). The site consists of 8.95 acres, and is used by the Public Works Dept. as a general road equipment storage yard, a well house and well-field, and a brush and branch dump. The city acquired this site in 1980. SUP & Site Plan —City of BC PC 05/01/14 Page 1 The subject site is currently zoned R4 Multiple Family Residence, but is subject to separate rezoning application to change this zoning to R1 One Family Residence. This change of zone from R4 to R1 facilitates the request by the City for a special use permit to allow this water treatment plant use, as noted under City Code Section 35-310; Subpara. 2. Special Uses: e. Publicly-owned structures, other than poles and underground facilities in easements or in rights-of-way of public streets or alleys. g. Other, noncommercial uses required for the public welfare in an R1 district, as determined by the City Council. The City of Brooklyn Center has nine water supply wells with concentrations of manganese ranging from 0.23 milligrams per liter (mg/L) to 0.59 mg/L. The US EPA Secondary Standard for manganese is 0.05 mg/L. Water with concentrations of manganese above the Secondary Standard causes aesthetic problems including black staining of plumbing fixtures and laundry and taste complaints. In addition, the Minnesota Department of Health has issued a health guidance value for manganese of 0.1 mg/L for bottle fed infants and 0.3 mg/L for children and adults. The most cost effective method for removing manganese from drinking water is chemical oxidation followed by sand filtration. This requires construction of a water treatment plant. Based upon an analysis of Brooklyn Center's water demand, the capacity of the water treatment plant should be 7 million gallons per day (MGD) with the ability to treat up to 10 MGD for short periods of time. The water treatment plant site is the City owned property in the northeast intersection of 70th Avenue N and Camden Avenue. The new water treatment plant is designed to treat and filter all municipal produced drinking water. In January 2013, the City Council directed staff to develop an action plan to address abnormal manganese levels in the City's drinking water. This was in response to a health advisory issued by the Minnesota Department of Health (MDH) regarding potential health risks associated with high levels of manganese. The plan's short-term actions included reducing the amount of water being pumped from the wells with elevated manganese levels and increasing public outreach efforts relative to the health risk. The long-tean solution to reduce the potential manganese health risk in the City water supply is to construct a water treatment plant. A follow-up decision by the City Council directed city staff to proceed with the planning, design and construction of this new water treatment plant. The estimated cost of the water treatment plant is $18.2 million. Construction is expected to begin this summer with completion anticipated by fall 2015. SITE PLAN CONSIDERATIONS (.1'. Site & Building Improvements The new building consists of approximately 26,488 sq. ft. of gross (main) floor space. The interior is separated into 6,000 sf. of office/atrium area; 7,206 sf of garage/storage area; 6,282 sf. SUP & Site Plan —City of BC PC 05/01/14 Page 2 of filter room area; 5,400 sf of pump room/chemical storage area; and 1,600 sf. of generator area. The new facility also contains a 1.5 million gallon underground concrete reservoir to be used to store freshly filtered water for main-line distribution. The building is designed as a very nice, modern-style architecture design, with many different architectural features and elements on the outside. The building will take on a two-story appearance, but its main functions will be limited to the first (main) floor areas. SUP & Site Plan —City of BC PC 05/01/14 Page 3 11 • H ; _ 1 77,1 1 c._.4LL-__be (T) ?.!75,,U.HOLEVELA,C11c,,FOLFLCO,.i. The office/lab area is relatively small due to the fact a limited number of employees will be occupying or staffed at this facility throughout the day. The Director of Public Works indicated that no more than 1 employee would regularly use this facility, and that work would be limited to periodic monitoring of the plant, checking the filters and systems, or managing or inspecting certain on-site activities. This "office" area also contains a conference room, break room, and men/women restroom facilities. The garage area will be used for the storage of certain water utility vehicles and equipment. The filter and pipe filter gallery are centrally located in the building. The pump room and underground tank are located on the south end of the building. All chemicals to be used in this water processing will be stored in a highly protective vault/storage room. The PW Director assures that no caustic or hazardous chemicals are allowed or will be stored on this site. For the most part, this facility will be a self-contained and functioning plant with limited (but routine) human control and interaction. • Access & Parking The new treatment plant facility will be accessed from Camden Avenue only, with one new main access point near the central part of the site. A secondary access will be provided off the existing access road to along the north end of the site. This access road is currently used to access the city's well house near the northeast corner of the property. Parking Standards for any new site are determined under Zoning Code Section 35-700. Staff feels this plant should be viewed as an "Industrial/Warehouse" type use, which requires one space for every 800 sq. ft. of gross floor area. Utilizing the 26,488 sq. ft. GFA number, the required parking for this site calculates to 33 spaces. The new site is shown with a small parking area to the front area consisting of 11 spaces. As indicated previously, the office use is expected to be very minimal. Planning staff is comfortable in the knowledge and explanation from the SUP & Site Plan —City of BC PC 05/01/14 Page 4 I = Z-17 CO iAta ce: 1475 ft 1SV city engineers that this site will be minimally staffed, and that parking for daily workers or during an on-site meeting or conference room meeting of multiple employees, that this site can easily provide the required parking for its daily use. The facility's garage area could easily accommodate a large number of vehicles for the employees, and can be used to reconcile any parking requirements needed on a site (similar to a residential/commercial or office use with interior or underground parking). Since planning staff understands this water plant will have very limited employees staffed at this location, and the fact that this site will be secured, fenced and not open to the general public, we feel the 11 parking spaces to the front will be adequate to support this site on a daily, normal routine operations, but recommend the site designers provide an area for proof of parking or allowance of cars in the garage to meet the required on-site parking needs. The Parking Standards of Zoning Code Section 35-700 require all parking and loading spaces must maintain a 15-foot setback from a street right of way. The snap-shot below indicates the loading space tab for the south end of this building is approximately 14-15 feet from the ROW. It appears this loading space tab is at its maximum length since they have designed the new fence to slightly bend and wrap-around around this area. The plans are absent of any setback notes in this area and Planning determined this setback by measuring off the plan sets. We will need to confirm this setback is being met or the loading space will need to be reduced to meet this 15-ft. requirement. Gradin /Drainaae/Utilities The applicant has submitted grading, drainage, utility, and erosion control plans which are being reviewed by the Director of Public Works/City Engineer. New B-6/12 curb and gutter will be provided in the parking and driving areas. The site will also contain four new "rain-garden" type drainage features to handle all on-site drainage and storm water run-off. These features (and overall development) will need to be reviewed by the Shingle Creek Watershed Commission, which was not completed at the time of this report preparation. SUP & Site Plan —City of BC PC 05/01/14 Page 5 Landscaping As evident by the aerial photos, the site is heavily wooded with a number of trees and shrubs, most of which appear to be volunteer type scattered throughout most of the property except in those area not affected by the public works department activities. The Public Works Director indicated to Planning Staff that they intend to save as many of the trees as possible, especially along the east and north edges. Most of the removals and impacts will occur in the central area between the two existing access roads leading into the overall site. The plans are absent of any official landscape plan, as this plan was ready or finalized by the city's consultants at time of report preparations. The city engineer has noted that this must be submitted and approved with details and specifications, and must meet the city's landscape points system. The submitted site layout plan does illustrate a number of trees (appear to be general deciduous and coniferous patterns) scattered randomly through the rain garden areas. Planning assumes these areas will be sufficient in accommodating a large number of new trees, and we will ensure that the city does provide a suitable and approved tree replacement. Underground irrigation will be provided in all landscaped areas to facilitate site maintenance in accordance with the requirements of the City's Zoning Ordinance. Li ghting/Trash The applicant has also submitted a lighting plan indicating the proposed photometric plan for the site. The City Engineer in his review has indicated that a new plan will be required and we can review this as part of the new building permit process. The trash enclosure area(s) have not yet been identified but will be made part of the final SUP & Site Plan —City of BC PC 05/01/14 Page 6 construction plans. Any new trash enclosure must be made of the same or similar material as the building's, and must have gates to screen at all times. If the trash receptacles are placed or located inside the building, ten no enclosure would be needed. COMPLIANCE FOR STANDARDS FOR SPECIAL USE PERMITS A Special Use Permit may be granted by the City Council after demonstration by evidence that certain findings or standards are met in allowing special uses in selected zoning districts. In this case, the city initiated the special use permit process by changing the zoning of the subject site to R1 One Family Residence, which in turn provides an additional mechanism to allow this water treatment plant under one or both of the following special uses: Section 35-310. Subpart. 2. Special Uses: e. Publicly-owned structures, other than poles and underground facilities in easements or rights-of-way of public streets or alleys. g. Other, noncommercial uses required for the public welfare in an R1 district, as determined by the City Council. The standards used to measure or determine the granting of a special use permit are noted under City Code Section 35-220, which are noted below (italic text), with the city's response or findings noted under each standard: 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. City believes this new water treatment plant will promote and enhance the general public welfare, as this facility will provide cleaner and safer water for our citizens, and should be viewed as an essential public service and utility for the residents and businesses. This new use will be self-contained, naturally buffered and screened from adjacent uses by existing and new landscaping/vegetative cover, have minimal traffic, and environmentally friendly. This use will not be a detriment or danger to the public health, safety morals, or comfort of the neighborhood or community. 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. City believes this new water treatment plant will not be injurious to the use and enjoyment of other property in the immediate vicinity; nor substantially diminish and impair property values within the neighborhood. The site is buffered and spaced far enough away from adjacent uses that the on-site activities should be minimal and not noticeable to the neighboring users. SUP & Site Plan —City of BC PC 05/01/14 Page 7 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. The subject site has been owned and maintained for a number of years by the city. For the most part, this activity has been minimal and used primarily as a brush dump and small equipment storage yard for the Public Works Dept. This site has never impeded the normal orderly development of this area, and the impact of this new water treatment plant should also not impede the normal and orderly development, since the overall site will only be occupied by this new facility, and natural vegetative screening and buffers will remain and established as part of the necessary operations of this site. 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 site has limited access from one main point off Camden Avenue, and secondary access from an existing access road to the north. The traffic to and from this site will be minimal, due to the limited nature of human interaction or staff that will take place at this site. Truck traffic and deliveries of materials and chemicals will occur and should be minimal; with no daily or multiple deliveries throughout the day or work week. The site is limited to a small 11 car parking lot, which is meant to serve a minimal amount of employees that will work or check in at this site, and additional parking for other public employees or visitors as necessary. The City Engineer and City Planner will require the site designers to provide a proof of parking area to this site, and account for the full required parking noted by Zoning Code. For the most part, this site will be secured and fenced-off 24-hours, with access granted only to city employees. Knowing this, staff is convinced the number of parking for this use is adequate and measures will be in place to ensure more parking is available if necessary. e. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. Staff believes this special use conforms to the applicable regulations of the district in which it is located. All setbacks appear to be met or can be met; and adequate buffers and screening measures will be in place to ensure protection from the adjacent uses. The use can clearly be determined or classified as a "public structure" and a non- commercial use required for the public welfare." RECOMMENDATION Planning Staff recommends approval of the Site and Building Plan and the Special Use Permit with the conditions of approval noted as follows: 1. The building plans are subject to review and approval by the Building Official with SUP & Site Plan —City of BC PC 05/01/14 Page 8 respect to applicable codes prior to the issuance of permits. 2.Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3.The final landscape plan must be submitted and approved by the City Planner prior to the issuance of permits. 4.The final lighting plan (including fill photometric and light details and specifications) shall be submitted and approved by the City Planner prior to the issuance of permits. 5.Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. 6.The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 7.An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 8.Plan approval is exclusive of all new signage, which is subject to Chapter 34 of the City Ordinances. 9.B-612 curb and gutter shall be provided around all parking and driving areas except for where the City Engineer may approve a lesser standard in deference to plan considerations. 10.Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the Engineering Department and the applicant shall obtain an NPDES construction site erosion control permit from the Minnesota Pollution Control Agency prior to disturbing the site. 11.The approved plans must provide an accounting or determination of how the 33 parking spaces required by City Code Section 35-700 are to be met, either on-site or by means of an approved proof of parking plan. This proof of parking plan shall be approved by the City Engineer and Business and Development Director. SUP & Site Plan —City of BC PC 05/01/14 Page 9 MEMORANDUM DATE: April 25, 2014 TO: Tim Benetti, Planning and Zoning Specialist FROM: Steven L. Lillehaug, City Engineer/Director of Public Works SUBJECT: Public Works Review — Water Treatment Plant Site: Rezoning, Special Use Permit and Site Plan The Public Works Department has reviewed the preliminary plans and exhibits for the City of Brooklyn Center's Water Treatment Plant site and provides the following recommendations, comments and conditions: General comments 1. The following items are required review items that have not been provided and/or included: a.Lighting Plans must be submitted for review/approval. b.Landscape Plans detailing species and sizes must be submitted for review/approval. c. Irrigation is required for the site and must be submitted for review/approval. 2. A detailed plan depicting the fence and pillar/column details must be submitted. 3.The final construction plans must be certified by a licensed engineer in the state of Minnesota and approved by the City Engineer. 4.This development is required by the Shingle Creek Watershed Management Commission to meet rate, quality, and volume requirements for the portion of the site disturbed. The City must submit necessary hydraulic and hydrology drainage calculations to the watershed for plan review. 5.All work and materials must conform to the City of Brooklyn Center's standard specifications and details. The City's standard detail must be included in the final site plans. 6.A Construction Management Plan is required that addresses general construction activities and management provisions, traffic control provisions, emergency management provisions, storm water pollution prevention plan provisions, tree protection provisions, general public welfare and safety provisions, definition of responsibility provisions, temporary parking provisions, overall site condition provisions, and non-compliance provisions. Anticipated Permitting 7.City of Brooklyn Center Land Alteration and Building permit is required. 8.Minnesota Pollution Control Agency NPDES storm water construction permit and sanitary sewer permit are required. 9.Plan review by the Watershed is required to ensure that the standards of the Shingle Creek Watershed Management Commission (SCWMC) are met. 10.A Minnesota Department of Health permit is required. Public Works Water Treatment Plant Page 2 April 25, 2014 11. Metropolitan Council Environmental Services review and approval is required and sanitary access connection fees will apply. Prior to Issuance of Land Alteration and/or Building Permit 12.Copies of all required permits must be obtained. 13.Final construction plans and specifications must be approved by the City Engineer. 14. A preconstruction conference must be scheduled and held with City staff and other entities designated by the City. All aforementioned items, comments and recommendations are provided based on the information available at the time of this review. The site plan will be developed and maintained in substantial conformance with the referenced plans. Subsequent approval of the final plan may require additional modifications based on engineering 'requirements associated with final design of the water supply, stow' drainage, sanitary sewer, final grading, geometric design and other design elements. Commissioner Christensen introduced the following resolution and moved its adoption PLANNING COMMISSION RESOLUTION NO. 2014-03 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2014-003 SUBMITTED BY THE CITY OF BROOKLYN CENTER FOR SITE AND BUILDING PLAN APPROVAL OF A NEW 27,000 SQ. FT. WATER TREATMENT AND PRODUCTION FACILITY (LOCATED AT 7100 CAMDEN AVENUE NORTH) WHEREAS, Planning Commission Application No. 2014-003, submitted by City of Brooklyn Center, Minnesota requesting approval of a Site and Building Plan for the construction of a new 27,000 sq. ft. water treatment and production facility, located at 7100 Camden Avenue North, and WHEREAS, the Planning Commission held a public meeting on May 1, 2014 to fully consider Planning Commission Application No. 2014-003, and reviewed and received a planning report on the proposed new Site and Building Plans for the new 27,000 sq. ft. water treatment and production facility and other related improvements; 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 as comprehended under Planning Application No. 2014-003 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 will facilitate the development and improvement of this site with an essential public service:that being a water treatment and production facility, and allows for the utilization of the subject land in question in a manner which is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding land; 3. The improvements and utilization of the property as proposed is considered a reasonable and essential public use of the property and will conform with ordinance standards; PC Res. 2014-03 1 of 3 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. 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 for the construction of a new 27,000 sq. ft. water treatment and production facility and related improvements, as comprehended under Planning Application No. 2014-003 and which is located at 7100 Camden Avenue North, may be approved based upon the following conditions: 1.The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2.Grading, drainage, utility, and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3.The final landscape plan must be submitted and approved by the City Planner prior to the issuance of permits. 4.The final lighting plan (including full photometric and light details and specifications) shall be submitted and approved by the City Planner prior to the issuance of permits. 5.Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. 6.The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 7. An underground inigation system shall be installed in all landscaped areas to facilitate site maintenance. 8. Plan approval is exclusive of all new signage, which is subject to Chapter 34 of the City Ordinances. PC Res. 2014-03 2 of 3 9.B-612 curb and gutter shall be provided around all parking and driving areas except for where the City Engineer may approve a lesser standard in deference to plan considerations. 10.Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the Engineering Department and the applicant shall obtain an NPDES construction site erosion control permit from the Minnesota Pollution Control Agency prior to disturbing the site. 11.The approved plans must provide an accounting or determination of how the 33 parking spaces required by City Code Section 35-700 are to be met, either on-site or by means of an approved proof of parking plan. This proof of parking plan shall be approved by the City Engineer and Business and Development Director. 12.Any major changes or modifications made to this Site and Building Plan can only be made by an amendment to the approved Site Plan, which shall include an updated Development/Site Plan if necessary. 13. The final landscaping and lighting plan shall be approved by the Planning Commission prior to the issuance of building permits. May 1, 2014 Date 4 C4/ Chair G/- ATTEST: Secretary The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Schonning and upon vote being taken thereon, the following voted in favor thereof: Chair Burfeind, Commissioners Christensen and Schonning. and the following voted against the same: None. whereupon said resolution was declared duly passed and adopted. Ca, PC Res. 2014-03 3 of 3 EXCERPTS MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION MAY 1, 2014 APPLICATION NO. 2014-003 CITY OF BROOKLYN CENTER Chair Burfeind introduced Application No. 2014-003, consideration of a Site and Building Plan approval fOr the City's new municipal water treatment plant for the property located at 7100 Camden Avenue North. (See Planning Commission Report dated 5-01-14 for Application No. 2014-003.) Mr. Benetti explained the new water treatment plan is designed to treat and filter all municipal produced drinking water in an approximately 26,488 sq. ft. building. He added the interior is separated into 6,000 sq. ft. of office/atrium area; 7,206 sq. ft. of garage/storage area; 6,282 sq. ft. of filter room area; 5,400 sq. ft. of pump room/chemical storage area; and 1,600 sq. ft. of generator area. The new facility also contains a 1.5 million gallon underground concrete reservoir to be used to store freshly filtered water for main-line distribution. Mr. Benetti provided other details about the building and its anticipated use by a very limited number of employees or staff He also discussed parking on the site and stated a minimal need for parking since city engineers have indicated it will be minimally staffed and parking is primarily for daily workers or on-site meetings. It was further described how landscaping would be located on the site, underground irrigation would be provided, and the lighting plan was discussed. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2014-03 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2014-003 SUBMITTED BY THE CITY OF BROOKLYN CENTER FOR SITE AND BUILDING PLAN APPROVAL OF A NEW 27,000 SQ. FT. WATER TREATMENT AND PRODUCTION FACILITY (LOCATED AT 7100 CAMDEN AVENUE NORTH) There was a motion by Commissioner Christensen, seconded by Commissioner Schonning, to approve Planning Commission Resolution No. 2014-03. Voting in favor: Chair Burfeind, Commissioners Christensen, and Schonning And the following voted against the same: None The motion passed unanimously. The Council will consider the application at its May 12, 2014 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. Page 5 5-01-14 City Council Agenda Item No. 9c COUNCEL v- iii ORANIDUIV DATE: May 12, 2014 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. 2014-003 Submitted by the City of Brooklyn Center for Site and Building Plan Approval of a New 27,000 sq. ft. Water Treatment and Production Facility, Located at 7100 Camden Avenue North. Recommendation: It is recommended that the City Council, following consideration of this item, adopt the Resolution regarding the disposition of Planning Commission Application No. 2014-003 submitted by the City of Brooklyn Center for Site and Building Plan approval of a new 27,000 sq. ft. water treatment and production facility, located at 7100 Camden Avenue North. Background: On May 1, 2014 the Planning Commission reviewed Planning Commission Application No. 2014-003, submitted by by the City of Brooklyn Center for Site and Building Plan approval of a new 27,000 sq. ft. water treatment and production facility, located at 7100 Camden Avenue North. Since this site plan and the related special use permit (under separate consideration) can only be considered under the R1 Zoning District, the Council is being asked to make the approval of this Site and Building Plan subject to the successful rezoning of the subject site, from the current R4 Multiple-Family Residence Zone to the proposed R1 Zone (also under separate consideration). Attached for review is Planning Commission Resolution No. 2014-03, which the Commission provides a unanimous and favorable recommendation of the new Site and Building Plan proposal. Excerpt minutes from this May 1, 2014 Planning Commission meeting as related to this matter are also attached for the Council's review. Budget Issues: There are no budget issues to consider. Strategic Priorities: a Financial Stability Mission: Ensuring an attractive, clean, soft, inclusive community that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2014-003 SUBMITTED BY THE CITY OF BROOKLYN CENTER FOR SITE AND BUILDING PLAN APPROVAL OF A NEW 27,000 SQ. FT. WATER TREATMENT AND PRODUCTION FACILITY (LOCAI ED AT 7100 CAMDEN AVENUE NORTH) WHEREAS, Planning Commission Application No. 2014-003, submitted by City of Brooklyn Center, Minnesota requesting approval of a Site and Building Plan for the construction of a new 27,000 sq. ft. water treatment and production facility, located at 7100 Camden Avenue North, and WHEREAS, the Planning Commission held a public meeting on May 1, 2014 to fully consider Planning Commission Application No. 2014-003, and reviewed and received a planning report on the proposed new Site and Building Plans for the new 27,000 sq. ft. water treatment and production facility and other related improvements; 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 did find that the site and building plans as comprehended under Planning Application No. 2014-003, 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 will facilitate the development and improvement of this site with an essential public service, that being a water treatment and production facility, and allows for the utilization of the subject land in question in a manner which is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding land; 3. The improvements and utilization of the property as proposed is considered a reasonable and essential public use of the property and will conform with ordinance standards; RESOLUTION NO. 4.The Site and Building Plan proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city; 5.The Site and Building Plan proposal appears to be a good long range use of the existing land and this proposed development can be considered an asset to the community; and 6. Based upon the above considerations, it is believed that the guidelines for evaluating and approving a Site and Building Plan as contained in Section 35- 230 (Plan Approval) of the City's Zoning Ordinance are met and the site proposal is, therefore, in the best interest of the community. AND WHEREAS, the Planning Commission did adopt Planning Commission Resolution No. 2014-03, which provides a favorable and unanimous recommendation to the City Council that Planning Application No. 2014-003, 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. 2014-003, as submitted by The City of Brooklyn Center, requesting the Site and Building Plan for the construction of a new 27,000 sq. ft. water treatment and production facility and related improvements, as comprehended under Planning Application No. 2014-003, and which is located at 7100 Camden Avenue North, is hereby approved subject to the following conditions: 1.The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2.Grading, drainage, utility, and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3.The final landscape plan must be submitted and approved by the City Planner prior to the issuance of permits. 4.The final lighting plan (including full photometric and light details and specifications) shall be submitted and approved by the City Planner prior to the issuance of permits. 5. Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. RESOLUTION NO. 6.The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 7.An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 8.Plan approval is exclusive of all new signage, which is subject to Chapter 34 of the City Ordinances. 9.B-612 curb and gutter shall be provided around all parking and driving areas except for where the City Engineer may approve a lesser standard in deference to plan considerations. 10.Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the Engineering Department and the applicant shall obtain an NPDES construction site erosion control permit from the Minnesota Pollution Control Agency prior to disturbing the site. 11.The approved plans must provide an accounting or determination of how the 33 parking spaces required by City Code Section 35-700 are to be met, either on-site or by means of an approved proof of parking plan. This proof of parking plan shall be approved by the City Engineer and Business and Development Director. 12.Any major changes or modifications made to this Site and Building Plan can only be made by an amendment to the approved Site Plan, which shall include an updated Development/Site Plan if necessary. 13.The final landscaping and lighting plan shall be approved by the Planning Commission prior to the issuance of building permits. 14. This Site and Building Plan shall become valid only if the City Council accepts and approves the related Special Use Permit and Rezoning of the Subject Site from R4 Multiple-Family Residence to R1 One-Family Residence District. RESOLUTION NO. May 12, 2014 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. rtf,' 4-771""1..n V.11V1th--. • 'Teti y ' , a. ts 111170 BROOKLYN CENTER Planning Commission Report Meeting Date: May 1, 2014 •Application Filed: 04/03/14 e Review Period (60-day) Deadline: 06/02/14 •Extension Declared: N/A •Extended Review Period Deadline: N/A Application No. 2014-002 & 2014-003 Applicant: The City of Brooklyn Center Location: 7100 Camden Avenue North Request: Special Use Permit and Site Plan for the New Municipal Water Treatment Plant INTRODUCTION The City of Brooklyn Center is requesting review and consideration of a Site and Building Plan and Special Use Permit approval of a new 27,000 sf. water treatment and production facility, located at 7100 Camden Avenue North. The Special Use Permit application requires a public hearing, while the Site Plan only requires a general review. However, since both of these applications are mutually dependent upon each other, the Planning Commission may elect to consider both application reviews under the public hearing process, whereby comments from the general public (if any) will be allowed and noted for the record. Notices were mailed to the adjacent properties within 350-feet of the subject site. BACKGROUND The subject site is generally located at the northeast corner of Camden and '70 th Avenue, sandwiched between Evergreen Park to the west and HWY 252 to the east (See location/aerial map below). The site consists of 8.95 acres, and is used by the Public Works Dept. as a general road equipment storage yard, a well house and well-field, and a brush and branch dump. The city acquired this site in 1980. SUP & Site Plan —City of BC PC 05/01/14 Page 1 The subject site is currently zoned R4 Multiple Family Residence, but is subject to separate rezoning application to change this zoning to R1 One Family Residence. This change of zone from R4 to R1 facilitates the request by the City for a special use permit to allow this water treatment plant use, as noted under City Code Section 35-310; Subpara. 2. Special Uses: e. Publicly-owned structures, other than poles and underground facilities in easements or in rights-of-way of public streets or alleys. g. Other, noncommercial uses required for the public welfare in an R1 district, as determined by the City Council. The City of Brooklyn Center has nine water supply wells with concentrations of manganese ranging from 0.23 milligrams per liter (mg/L) to 0.59 mg/L. The US EPA Secondary Standard for manganese is 0.05 mg/L. Water with concentrations of manganese above the Secondary Standard causes aesthetic problems including black staining of plumbing fixtures and laundry and taste complaints. In addition, the Minnesota Department of Health has issued a health guidance value for manganese of 0.1 mg/L for bottle fed infants and 0.3 mg/L for children and adults. The most cost effective method for removing manganese from drinking water is chemical oxidation followed by sand filtration. This requires construction of a water treatment plant. Based upon an analysis of Brooklyn Center's water demand, the capacity of the water treatment plant should be 7 million gallons per day (MGD) with the ability to treat up to 10 MGD for short periods of time. The water treatment plant site is the City owned property in the northeast intersection of 70th Avenue N and Camden Avenue. The new water treatment plant is designed to treat and filter all municipal produced drinking water. In January 2013, the City Council directed staff to develop an action plan to address abnormal manganese levels in the City's drinking water. This was in response to a health advisory issued by the Minnesota Department of Health (MDH) regarding potential health risks associated with high levels of manganese. The plan's short-term actions included reducing the amount of water being pumped from the wells with elevated manganese levels and increasing public outreach efforts relative to the health risk. The long-term solution to reduce the potential manganese health risk in the City water supply is to construct a water treatment plant. A follow-up decision by the City Council directed city staff to proceed with the planning, design and construction of this new water treatment plant. The estimated cost of the water treatment plant is $18.2 million. Construction is expected to begin this summer with completion anticipated by fall 2015. SITE PLAN CONSIDERATIONS • Site & Building .t2)ve,entm s The new building consists of approximately 26,488 sq. ft. of gross (main) floor space. The interior is separated into 6,000 sf. of office/atrium area; 7,206 sf. of garage/storage area; 6,282 sf. SUP & Site Plan —City of BC PC 05/01/14 Page 2 of filter room area; 5,400 sf of pump room/chemical storage area; and 1,600 sf1 of generator area. The new facility also contains a 1.5 million gallon underground concrete reservoir to be used to store freshly filtered water for main-line distribution. The building is designed as a very nice, modern-style architecture design, with many different architectural features and elements on the outside. The building will take on a two-story appearance, but its main functions will be limited to the first (main) floor areas. SUP & Site Plan —City of BC PC 05/01/14 Page 3 D:rAt ' 77-z7-t n 1 C.F.OU.,E,Cl AMIITECTURAL ;LAM The office/lab area is relatively small due to the fact a limited number of employees will be occupying or staffed at this facility throughout the day. The Director of Public Works indicated that no more than 1 employee would regularly use this facility, and that work would be limited to periodic monitoring of the plant, checking the filters and systems, or managing or inspecting certain on-site activities. This "office" area also contains a conference room, break room, and men/women restroom facilities. The garage area will be used for the storage of certain water utility vehicles and equipment. The filter and pipe filter gallery are centrally located in the building. The pump room and underground tank are located on the south end of the building. All chemicals to be used in this water processing will be stored in a highly protective vault/storage room. The PW Director assures that no caustic or hazardous chemicals are allowed or will be stored on this site. For the most part, this facility will be a self-contained and functioning plant with limited (but routine) human control and interaction. Access & Parking The new treatment plant facility will be accessed from Camden Avenue only, with one new main access point near the central part of the site. A secondary access will be provided off the existing access road to along the north end of the site. This access road is currently used to access the city's well house near the northeast corner of the property. Parking Standards for any new site are determined under Zoning Code Section 35-700. Staff feels this plant should be viewed as an "Industrial/Warehouse" type use, which requires one space for every 800 sq. ft. of gross floor area. Utilizing the 26,488 sq. ft. GFA number, the required parking for this site calculates to 33 spaces. The new site is shown with a small parking area to the front area consisting of 11 spaces. As indicated previously, the office use is expected to be very minimal. Planning staff is comfortable in the knowledge and explanation from the SUP & Site Plan —City of BC PC 05/01/14 Page 4 iJta ce: 5 14[7 ft = "o FrF . city engineers that this site will be minimally staffed, and that parking for daily workers or during an on-site meeting or conference room meeting of multiple employees, that this site can easily provide the required parking for its daily use. The facility's garage area could easily accommodate a large number of vehicles for the employees, and can be used to reconcile any parking requirements needed on a site (similar to a residential/commercial or office use with interior or underground parking). Since planning staff understands this water plant will have very limited employees staffed at this location, and the fact that this site will be secured, fenced and not open to the general public, we feel the 11 parking spaces to the front will be adequate to support this site on a daily, normal routine operations, but recommend the site designers provide an area for proof of parking or allowance of cars in the garage to meet the required on-site parking needs. The Parking Standards of Zoning Code Section 35-700 require all parking and loading spaces must maintain a 15-foot setback from a street right of way. The snap-shot below indicates the loading space tab for the south end of this building is approximately 14-15 feet from the ROW. It appears this loading space tab is at its maximum length since they have designed the new fence to slightly bend and wrap-around around this area. The plans are absent of any setback notes in this area and Planning determined this setback by measuring off the plan sets. We will need to confirm this setback is being met or the loading space will need to be reduced to meet this 15-ft. requirement. Grading/Drainage/Utilities The applicant has submitted grading, drainage, utility, and erosion control plans which are being reviewed by the Director of Public Works/City Engineer. New B-6/12 curb and gutter will be provided in the parking and driving areas. The site will also contain four new "rain-garden" type drainage features to handle all on-site drainage and storm water run-off. These features (and overall development) will need to be reviewed by the Shingle Creek Watershed Commission, which was not completed at the time of this report preparation. SUP & Site Plan —City of BC PC 05/01/14 Page 5 Landscaping As evident by the aerial photos, the site is heavily wooded with a number of trees and shrubs, most of which appear to be volunteer type scattered throughout most of the property except in those area not affected by the public works department activities. The Public Works Director indicated to Planning Staff that they intend to save as many of the trees as possible, especially along the east and north edges. Most of the removals and impacts will occur in the central area between the two existing access roads leading into the overall site. The plans are absent of any official landscape plan, as this plan was ready or finalized by the city's consultants at time of report preparations. The city engineer has noted that this must be submitted and approved with details and specifications, and must meet the city's landscape points system. The submitted site layout plan does illustrate a number of trees (appear to be general deciduous and coniferous patterns) scattered randomly through the rain garden areas. Planning assumes these areas will be sufficient in accommodating a large number of new trees, and we will ensure that the city does provide a suitable and approved tree replacement. Underground irrigation will be provided in all landscaped areas to facilitate site maintenance in accordance with the requirements of the City's Zoning Ordinance. Lighting/Trash The applicant has also submitted a lighting plan indicating the proposed photometric plan for the site. The City Engineer in his review has indicated that a new plan will be required and we can review this as part of the new building permit process. The trash enclosure area(s) have not yet been identified but will be made part of the final SUP & Site Plan —City of BC PC 05/01/14 Page 6 construction plans. Any new trash enclosure must be made of the same or similar material as the building's, and must have gates to screen at all times. If the trash receptacles are placed or located inside the building, ten no enclosure would be needed. COMPLIANCE FOR STANDARDS FOR SPECIAL USE PERMITS A Special Use Permit may be granted by the City Council after demonstration by evidence that certain findings or standards are met in allowing special uses in selected zoning districts. In this case, the city initiated the special use permit process by changing the zoning of the subject site to R1 One Family Residence, which in turn provides an additional mechanism to allow this water treatment plant under one or both of the following special uses: Section 35-310; Subpart. 2. Special Uses: e. Publicly-owned structures, other than poles and underground facilities in easements or in rights-of-way of public streets or alleys. g. Other, noncommercial uses required for the public welfare in an R1 district, as determined by the City Council. The standards used to measure or determine the granting of a special use permit are noted under City Code Section 35-220 , which are noted below (italic text), with the city's response or findings noted under each standard: 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. City believes this new water treatment plant will promote and enhance the general public welfare, as this facility will provide cleaner and safer water for our citizens, and should be viewed as an essential public service and utility for the residents and businesses. This new use will be self-contained, naturally buffered and screened from adjacent uses by existing and new landscaping/vegetative cover, have minimal traffic, and environmentally friendly. This use will not be a detriment or danger to the public health, safety morals, or comfort of the neighborhood or community. 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. City believes this new water treatment plant will not be injurious to the use and enjoyment of other property in the immediate vicinity; nor substantially diminish and impair property values within the neighborhood. The site is buffered and spaced far enough away from adjacent uses that the on-site activities should be minimal and not noticeable to the neighboring users. SUP & Site Plan —City of BC PC 05/01/14 Page 7 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. The subject site has been owned and maintained for a number of years by the city. For the most part, this activity has been minimal and used primarily as a brush dump and small equipment storage yard for the Public Works Dept. This site has never impeded the normal orderly development of this area, and the impact of this new water treatment plant should also not impede the normal and orderly development, since the overall site will only be occupied by this new facility, and natural vegetative screening and buffers will remain and established as part of the necessary operations of this site. 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 site has limited access from one main point off Camden Avenue, and secondary access from an existing access road to the north. The traffic to and from this site will be minimal, due to the limited nature of human interaction or staff that will take place at this site. Truck traffic and deliveries of materials and chemicals will occur and should be minimal; with no daily or multiple deliveries throughout the day or work week. The site is limited to a small 11 car parking lot, which is meant to serve a minimal amount of employees that will work or check in at this site, and additional parking for other public employees or visitors as necessary. The City Engineer and City Planner will require the site designers to provide a proof of parking area to this site, and account for the full required parking noted by Zoning Code. For the most part, this site will be secured and fenced-off 24-hours, with access granted only to city employees. Knowing this, staff is convinced the number of parking for this use is adequate and measures will be in place to ensure more parking is available if necessary. e. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. Staff believes this special use conforms to the applicable regulations of the district in which it is located. All setbacks appear to be met or can be met; and adequate buffers and screening measures will be in place to ensure protection from the adjacent uses. The use can clearly be determined or classified as a "public structure" and a non- commercial use required for the public welfare." RECOMMENDATION Planning Staff recommends approval of the Site and Building Plan and the Special Use Permit with the conditions of approval noted as follows: 1. The building plans are subject to review and approval by the Building Official with SUP & Site Plan —City of BC PC 05/01/14 Page 8 respect to applicable codes prior to the issuance of permits. 2.Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3.The final landscape plan must be submitted and approved by the City Planner prior to the issuance of permits. 4.The final lighting plan (including full photometric and light details and specifications) shall be submitted and approved by the City Planner prior to the issuance of permits. 5.Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. 6.The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 7.An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 8.Plan approval is exclusive of all new signage, which is subject to Chapter 34 of the City Ordinances. 9.B-612 curb and gutter shall be provided around all parking and driving areas except for where the City Engineer may approve a lesser standard in deference to plan considerations. 10.Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the Engineering Department and the applicant shall obtain an NPDES construction site erosion control permit from the Minnesota Pollution Control Agency prior to disturbing the site. 11.The approved plans must provide an accounting or determination of how the 33 parking spaces required by City Code Section 35-700 are to be met, either on-site or by means of an approved proof of parking plan. This proof of parking plan shall be approved by the City Engineer and Business and Development Director. SUP & Site Plan —City of BC PC 05/01/14 Page 9 MEMORANDUM DATE: April 25, 2014 TO: Tim Benetti, Planning and Zoning Specialist FROM: Steven L. Lillehaug, City Engineer/Director of Public Works SUBJECT: Public Works Review — Water Treatment Plant Site: Rezoning, Special Use Permit and Site Plan The Public Works Department has reviewed the preliminary plans and exhibits for the City of Brooklyn Center's Water Treatment Plant site and provides the following recommendations, comments and conditions: General comments 1. The following items are required review items that have not been provided and/or included: a.Lighting Plans must be submitted for review/approval. b.Landscape Plans detailing species and sizes must be submitted for review/approval. c. Irrigation is required for the site and must be submitted for review/approval. 2. A detailed plan depicting the fence and pillar/column details must be submitted. 3.The final construction plans must be certified by a licensed engineer in the state of Minnesota and approved by the City Engineer. 4.This development is required by the Shingle Creek Watershed Management Commission to meet rate, quality, and volume requirements for the portion of the site disturbed. The City must submit necessary hydraulic and hydrology drainage calculations to the watershed for plan review. 5.All work and materials must conform to the City of Brooklyn Center's standard specifications and details. The City's standard details must be included in the final site plans. 6.A Construction Management Plan is required that addresses general construction activities and management provisions, traffic control provisions, emergency management provisions, storm water pollution prevention plan provisions, tree protection provisions, general public welfare and safety provisions, definition of responsibility provisions, temporary parking provisions, overall site condition provisions, and non-compliance provisions. Anticipated Permitting 7.City of Brooklyn Center Land Alteration and Building permit is required. 8.Minnesota Pollution Control Agency NPDES storm water construction permit and sanitary sewer permit are required. 9.Plan review by the Watershed is required to ensure that the standards of the Shingle Creek Watershed Management Commission (SCWMC) are met. 10.A Minnesota Department of Health permit is required. Public Works Water Treatment Plant Page 2 April 25, 2014 11. Metropolitan Council Environmental Services review and approval is required and sanitary access connection fees will apply. Prior to Issuance of Land Alteration and/or Building Permit 12.Copies of all required permits must be obtained. 13.Final construction plans and specifications must be approved by the City Engineer. 14. A preconstruction conference must be scheduled and held with City staff and other entities designated by the City. All aforementioned items, comments and recommendations are provided based on the information available at the time of this review. The site plan will be developed and maintained in substantial conformance with the referenced plans. 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. -Lr E= 0 z IL Cl) 0 UI d cn o z< (f)CCLi cUI Z0ZI— j 0 - 0M z Cl) 00 to * - - _ - - L_- -1 \ U1101 1 , ,••.911. ■.L.. , /ma • • u '-'-i-S=.■.:9r,.:4.11x1r, - 7e2161 011ifiglerAtiggigato;"1-Atruniiimm1nin ; .Y‘c •• 0.0 0 r • 9 0• 7J. co: ii ""—rcer L ---- ----- - I ( ----- ______ -------- - 2 0 44,,...,...■•■■• ••■••.. ZNIEM.\\_ - -.::::-_-__ --- --_--- ---..- - - - --------. 4:17.: 1,7■44: ';••• -IN..t. t : . :.*, , "16 . N. ,....-- - -■ : st.,.... „aait.7.1,%.SX'%.,11.Z., -• AZ-,- .11,..., ,, . _ -,... , . \•■••• ..,....A.1■.N.,Zir:s , 1 ko . '. 'il..,..,x,eLZL71/4:VIllient '.6‘4VNI ' ;3...Z.N. \ kk `%.,. 1...1.\- IL\SAII -... T4, N **Z.;■ .V. *NV ■ : nt N ‘.....1.11.■__________31& •‘1,ost ■ ..,.._ \ ■■ I kilk\ iNk %kl.k \ 0 2 6 g - - - - ------------------------ - ---------------------- --- ------ --- _ _ _ • ="=-",==L_ ---- =. _ --- , -------------------------------- ------ ' - --- ----- ---- -- -- ------------------------------------------- -------------------------------------------------------------------------------------- ---- - - 0 CN 411) LU LU § w • 71" taw Commissioner Schonning introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 2014-02 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2014-002 SUBMITTED BY THE CITY OF BROOKLYN CENTER, MINNESOTA FOR SPECIAL USE PERMIT TO ALLOW THE CONSTRUCTION OF A NEW 27,000 SQ. FT. WATER TREATMENT AND PRODUCTION FACILITY IN THE R1 (ONE FAMILY RESIDENCE) ZONING DISTRICT, LOCATED AT 7100 CAMDEN AVENUE NORTH WHEREAS, Planning Commission Application No. 2014-002 submitted by The City of Brooklyn. Center, Minnesota, requesting a Special Use Permit to allow the construction of a new 27,000 sq. ft. water treatment and production facility in the R1 (One Family Residence) District, located at 7100 Camden Avenue North; and WHEREAS, this Special Use Permit is being requested under City Code Section 35-310; Subpart 2. Special Uses, which allows for certain structures and uses under the R1 District, and which are specifically identified as follows: 35-310: Subpart 2.e. Publicly-owned structures, other than poles and underground facilities in easements or in rights-of-way of public streets or alleys. and 35-310: Subpart. 2.g. Other, noncommercial uses required for the public welfare in an R1 district, as determined by the City Council. WHEREAS, the Planning Commission held a duly called public hearing on May 1, 2014, whereby a staff report and public testimony regarding the special use permit were received and noted for the record; and WHEREAS, the Planning Commission considered the Special Use Permit request, and in light of all testimony received, and reviewing and considering the guidelines and standards for evaluating this special use permit as contained in City Zoning Code Section 35-220, that this special use permit meets the general standards for issuing or approving said permits, and complies with the goals and objectives of the City's 2030 Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Planning Commission Application No. 2014-002, a special use permit submitted by the City of Brooklyn Center, Minnesota, be approved based upon the following considerations: Res. 2014-02 1 of 2 1.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. 2.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. 3.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. 4.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. 5. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. BE IT FURTHER RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Application No. 2013-004 be approved subject to the following conditions and considerations: 1.This Special Use Permit is subject to all applicable codes, ordinances, and regulations. Any violation, thereof, may be grounds for revocation. 2.Any improvement plans that are made subject to the approval of this special use permit are subject to review and approval by the Building Official with respect to applicable codes through the building permit process. May 1, 2014 Date Secretary The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Christensen. and upon vote being taken thereon, the following voted in favor thereof: Chair Burfeind, Commissioners Christensen and Schonning. and the following voted against the same: None whereupon said resolution was declared duly passed and adopted. Res. 2014-02 2 of 2 EXCERPTS MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION MAY 1, 2014 APPLICATION NO. 2014-002 CITY OF BROOKLYN CENTER Chair Burfeind introduced Application No. 2014-002, consideration of a Special Use Permit to allow for a publicly-owned structure and a non-commercial use required for the public welfare (a new municipal water treatment facility) in the newly proposed R1 Zone for the property located at 7100 Camden Avenue North. (See Planning Commission Report dated 5-01-14 for Application No. 2014-002.) Mr. Benetti stated the City of Brooklyn Center is requesting a Special Use Permit to allow for the approval of a new 27,000 sq. ft. water treatment and production facility. He added a change to the zoning of the property allows the water treatment plan through the special use permit process. PUBLIC HEARING — APPLICATION NO. 2014-002 There was a motion by Commissioner Christensen, seconded by Commissioner Schonning, to open the public hearing on Application No. 2014-002, at 7:47 p.m. The motion passed unanimously. Chair Burfeind called for comments from the public. No one from the public appeared at the public hearing CLOSE PUBLIC HEARING There was a motion by Commissioner Schonning, seconded by Commissioner Christensen, to close the public hearing on Application No. 2014-002. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2014-02 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2014-002 SUBMITTED BY THE CITY OF BROOKLYN CENTER, MINNESOTA FOR SPECIAL USE PERMIT TO ALLOW THE CONSTRUCTION OF A NEW 27,000 SQ. FT. WATER TREATMENT AND PRODUCTION FACILITY IN THE R1 (ONE FAMILY RESIDENCE) ZONING DISTRICT, LOCATED AT 7100 CAMDEN AVENUE NORTH There was a motion by Commissioner Schonning, seconded by Commissioner Christensen, to approve Planning Commission Resolution No. 2014-02. Voting in favor: Chair Burfeind, Commissioners Christensen, and Schonning And the following voted against the same: None The motion passed unanimously. The Council will consider the application at its May 12, 2014 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. Page 4 5-01-14 City Council Agenda Item No. 9d COUNC IL MEMORAN TIM DATE: May 12, 2014 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. 2013-020 Submitted by Gatlin Development Company for Approval of a Minor Amendment to the Approved Site Plan for the former Brookdale Mall Food Court Area, to Allow the Construction of Building No. 8 of the Approved Site Plans, Located at 1300 Shingle Creek Crossing. Recommendation: It is recommended that the City Council adopt the resolution regarding the disposition of Planning Commission Application No. 2013-020, submitted by Gatlin Development Company for approval of a Minor Amendment to the approved Site Plan for the former Brookdale Mall Food Court Area, to allow the construction of Building No. 8 of the approved Site Plans, located at 1300 Shingle Creek Crossing. Background: On November 25, 2013 the City Council approved Planning Commission Application No. 2013- 020, submitted by Gatlin Development Company, approving a new Site Plan for redevelopment of the former Brookdale Mall Food Court area. The resolution of approval included a condition noted as follows: 3. Developer is allowed to initially construct Buildings labeled 1 through 7 as identified on the plans, while Bldgs. 8, 9 and 10 may be delayed until future development date. Buildings 8, 9, and 10 will be required to undergo separate site plan review if there are any major changes made to their layouts as indicated on said plans. These three buildings will comply with all similar conditions noted herein. The reason for delaying Bldgs. 8-10 was due to Gatlin's initial desire to install a landscaped berm within the three buildings' footprints, which would be used for screening the interior loading dock area. After analyzing the costs of installing the berm, Gatlin is now requesting to complete the build of No. 8, and construct partial rear walls (approx. 8 — 10 ft. in height) to Bldgs. 9 and 10, which will be used as temporary screening measures. Eventually, Gatlin will complete the build-out of Nos. 9 and 10, which will fulfill the physical screening measures required under the overall Site Plan approvals. Gatlin has now completed the removal of the old Food Court center, and recently submitted a new building permit plan for city staff to review and consider. This permit plans included Bldg. Nos. 1 thru 7, along with Bldg. No. 8 to the construction. Gatlin's consultants are currently busy Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMO NDUM designing additional plans to building the partial walls on Bldgs. 9 and 10, which they hope to provide as an amendment to the building permit plan in the near future. Under the original terms and conditions approved in the PUD Agreement between Gatlin Development and the City, the developer is allowed to reduce approved building sizes as illustrated on any approved PUD Master Plan, with minor site adjustments allowed as needed. Because the permit plan layout is slightly different than what was presented and approved last November 2013, planning staff delayed approval of the building permit to allow the city's Planning Commission an opportunity to review and provide a recommendation of these new changes. At the May 1, 2014 meeting, the Planning Commission determined the changes to Bldg. Nos. 8 were minor in scope; and the proposal to build partial walls to Nos. 9 and 10 would be acceptable instead of the landscaped berm. With this statement and recommendation of support from the Planning Commission, city staff requests the City Council provide final consideration or authorization to Gatlin Development to proceed with the construction of Bldg. No. 8, and allow the partial building of Nos. 9 and 10, and the eventual completion of both building pad sites as shown on the updated plan sets. Attached for City Council's consideration is a resolution authorizing the city to approve the minor building changes proposed by Gatlin Development Company; along with with the updated building construction plan set for tis old Food Court area. Excerpt minutes from the May 1, 2014 Planning Commission meeting are also included. Budget Issues: There are no budget issues to consider. Strategic Priorities: • Focused Redevelopment Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2013-020 SUBMITTED BY GATLIN DEVELOPMENT COMPANY, FOR APPROVAL OF A MINOR AMENDMENT TO THE APPROVED SITE PLAN FOR THE FORMER BROOKDALE MALL FOOD COURT AREA, TO ALLOW THE CONSTRUCTION OF BUILDING NO. 8 OF THE APPROVED SITE PLANS, LOCATED AT 1300 SHINGLE CREEK CROSSING WHEREAS, Planning Commission Application No. 2013-020, submitted by Gatlin Development Company, was officially approved under Resolution No. 2013-139, dated November 25, 2013 and provided for the approval of a new Site and Building Plan for the redevelopment of the former Brookdale Mall's Food Court area (Shingle Creek Crossing Planned Unit Development), located at 1300 Shingle Creek Crossing; and WHEREAS, as part of this approval, Gatlin Development was granted the right to construct Buildings labeled 1 through 7 identified on the approved site plans, while Buildings 8, 9 and 10 were allowed to be delayed until future development date, with said Buildings 8 -10 would be required to undergo separate site plan review if there were any major changes made to their layouts as indicated on said plans; and WHEREAS, Gatlin Development submitted to the City a building permit with a complete plan set for consideration, which included plans for the construction of Buildings 1 through 7 and also Building No. 8; and WHEREAS, on May 1, 2014, the Planning Commission was presented with the updated site plan and building permit plan layout for this Food Court area, which comprehends the constructing of Buildings 1 through 8 on said plans; and city staff requested the Planning Commission review and recommend if these new changes to the plans would be considered a minor amendment (change) to the approved site and building plans, and allow Gatlin Development Company the ability to proceed with development of Building No. 8 as part of the previous approvals granted under Planning Commission Application No. 2013-020 and City Resolution No. 2013-139; and WHEREAS, upon consideration and discussion of this matter, the Planning Commission considered this additional building as a minor adjustment, which is allowed under the Shingle Creek Crossing Planned Unit Development Agreement between the City and Gatlin Development Company; and WHEREAS, the Planning Commission finds this update as an appropriate and reasonable development of the subject property; and the Planning Commission did provide a unanimous and favorable recommendation to the City Council to allow the completion and build- RESOLUTION NO. out of Building No. 8 as shown and illustrated on the Site and Building Plans and submitted Building Permit Plans; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the Minor Amendment to the Site and Building Plan of for the redevelopment of the former Brookdale Mall's Food Court area, as comprehended under Planning Application No. 2013-020, and which is part of the overall Shingle Creek Crossing Planned Unit Development, is hereby approved; and Gatlin Development Company is hereby authorized to complete the construction of Building No. 8 along with the Buildings 1 through 7 of said approved site and building plans. May 12, 2014 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. ;.! 9 9•-2 ...„.....,-, t..... ,-:*-` ' I 1 j I,t 1 LI - - -`)-, I I ' 1 1 I , • -I: 1 . I ---1 ' 1 ' - •-- - A h. As. \ SICA1 A. A.. IA •AA 4-4 .. • 47 -cscrC, y tA-.4- h LIf". . ^ h ,'A 0 -t X.: • •\ . : • c AA a. A. AK 1-7-4 r. 2 ntt ," i= 4. 4 K K K c A r 4 Al 4 A e A 121-- 1 4.. \ \ _ - e•-• r , AI r, . ' r: KT 'A 4,1Ald • y 7F-4 --, 4. IA T. t r. • --- ' ' ! 'I , 1 i I I ...,:-...:::,-<,,„>_, • 1 , : 1 _ ..., '1. ■ , I l '' ., ,,,k,',::-----..T,':- L 1 ' I. -!- 1:•',", - 1 I I .• - • . 1 1 1 " 1 .1 ! .I I l• 1'1 -, ! 1 I I .1 1 1 I I •-•'---,,>-..'''"!.j..,-, . et:4 i - - ' ''" 6 • ' j.,L 1 '''''-'\( ;\\: \ ,C;;:n11 /12 •e 2 V•. 7 4 _ t.'Z■••.4 / ,/9'1\t 17-F ■, , •„ • c 4 r c.11 pun14thp pl.4.4,1.4, • p .4 4.. C) CO ,".1;0IO L (1;'S 91IS tt"09 IPNV1d IK!9\"!)0!AIS !r':d\C 13, I ' I „ I I I t .V IJ I I I I -11i 1 - EXCERPTS MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION MAY 1, 2014 DISCUSSION ITEM Mr. Benetti provided an update to the development at Shingle Creek Crossing including allowing the plan to proceed on 1 — 8 as shown with revisions being presented at the May 15, 2014 meeting. (The previous site plan approval included only buildings 1 — 7 and did not include building 8.) The Commission is being asked to allow an amendment to the approved site plan to include building 8 so permits can be issued. If the Commission approves the amendment, final consideration will be forwarded to the City Council for approval. Commissioner Christensen stated he feels we have created additional spaces. Mr. Benetti replied the buildings are planned to have multiple tenants. Mr. Eitel added the elevations did show buildings 9 and 10 but the question has always been when they would take place. Commissioner Christensen stated he has concerns with parking and loading for buildings 9 and 10. Mr. Eitel replied the handicapped spaces were located in the 'throat' area between buildings and will be relocated and replaced on the new plans. Chair Burfeind added the new plans will more clearly show parking once it is revised. He also stated the approve site plan indicated the westerly facing wall between 7 and 8 must be finished to meet architectural standards. There was a motion by Commissioner Schonning, seconded by Commissioner Christensen to move forward with an amendment to the approved site plan to include building 8. Voting in favor: Chair Burfeind, Commissioners Christensen, and Schonning And the following voted against the same: None The motion passed unanimously. There were no other discussion items. OTHER BUSINESS Mr. Benetti and Mr. Eitel provided an overview of the status of various projects around the city. There was no other business. ADJOURNMENT There was a motion by Commissioner Christensen, seconded by Commissioner Schonnning, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:44 p.m. Chair Recorded and transcribed by: Rebecca Crass Page 8 5-01-14 City Counci Agenda Item No. 10a COUNCIL ITEM MEMORANDUM DATE: May 5, 2014 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk OnliA4( SUBJECT: Mayoral Appointment of Member to Serve on Planning Commission Recommendation: It is recommended that the City Council consider ratification of the Mayoral appointment of Katy Harstad, 2912 Mumford Road, to the Planning Commission with term to expire December 31, 2014. Background: The Planning Commission is composed of a chairperson and six members. There are two vacancies on the Commission. Notice of vacancy on the Commission was posted at City Hall and Community Center and on the City's website and aired on Cable Channel 16 since March 1, 2013. Announcement was made in the March 14, 2013, and January 15, 2014, edition of Brooklyn Center Sun-Post; March 6, 2013, edition of Minneapolis Star Tribune; and summer 2014 City Watch newsletter. A letter was sent to those persons who previously had submitted an application for appointment to a Brooklyn Center advisory commission informing them of the vacancy and requesting that they call the City Clerk if they are interested in applying for the Commission. They were given the choice of either submitting a new application or having their application previously submitted considered. Notices were also sent to current advisory commission members. Copies of the application received were forwarded to City Council Members in the May 2, 2014, update. Attached for City Council Members only is a copy of the application received: Katy Harstad 2912 Mumford Road The applicant was notified that his application for appointment would be considered at the May 12, 2014, City Council meeting. Mayor Willson recommends appointment of Katy Harstad. As previously requested by the City Council, the City Advisory Commission Bylaws are not included in the materials but can be found on the City's website atw-vvw.cityofbrooklyncenter.org . The membership roster is also available at this site and in the City Council Reference Book. Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, sgfe community that enhances the quality of life and preserves the public trust City of Brooklyn Center Planning Commission Geographical Distribution (Chairperson and Six Members) Current Members May 5, 2014 Neighborhoods Southeast Northeast Northwest West Central Central Southwest Applicants Katy Harstad Current Members Stephen Schonning Randall Christensen Benjamin Freedman Scott Burfeind Carlos Morgan Two vacancies. City Council Agenda Item No. 10b COUNCIL ITEM MEMORANDUM DATE: May 12, 2014 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk 40k '121"1 SUBJECT: Type IV 6-Month Provisional Rental License for 6601 Camden Dr 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 6601 Camden Dr. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a new rental license. This is a single family property. This property qualifies for a Type IV provisional rental license, based on 9 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: 12-09-2013 The Owner, Leroy Massaquoi, applied for an initial rental dwelling license for 6601 Camden Dr, a single-family residential property. 12-18-2013 An initial rental inspection was scheduled. (9 property code violations were cited, see attached rental criteria) 01-22-2014 A follow-up inspection was scheduled. No one was on site to meet the inspector. $100 reinspection fee was charged to the property. 02-06-2014 A follow-up inspection was scheduled. No one was on site to meet the inspector. However, prior to the inspection, the owner called to change the inspection date but it was not removed from the inspector's calendar. Therefore, no reinspection fee was charged. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 02-28-2014 03-04-2014 03-05-2014 03 -05-20 14 04-09-2014 04-25-2014 04-25-2014 A follow-up inspection was conducted and passed; however, the reinspection fee was not paid. $100 reinspection fee in total was charged to the property. Staff spoke with the owner on the phone to explain the inspections conducted and incurred $100 reinspection fee. The owner paid $200 for the reinspection fee. $100.00 was refunded. A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. A Mitigation Plan was submitted. The Mitigation Plan was finalized. A letter was sent to the owner notifying that the hearing before the Council will be held May 12, 2014. If approved, after six months, a new rental license is required. The license process will begin in approximately four months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al /peoplepeople and preserves the public trust COUNCIL ITEM MEMORANDUM state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy — Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for people and preserves the public trust 0-11-2 unitsType I — 3 Year 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 11-2 Year Type III — 1 Year Type IV —6 Months1-2 units 3+ units Greater than 8 Greater than 3 COUNCIL ITEM MEMORANDUM perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: O At least 75% of units will be inspected for properties with 15 or less units. •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). Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) License Category Number of Units No Category Impact 1-2 3-4 units 5 or more units 0-1 0-0.25 0-0.35 1-2 3-4 units 5 or more units Greater than 1 but not more than 3 Greater than 0.25 but not more than 1 Greater than 0.35 but not more than 0.50 Decrease 1 Category 1-2 Greater than 3 3-4 units Greater than 1 Decrease 2 Categories 5 or more units Greater than 0.50 COUNCIL ITEM MEMORANDUM Budget Issues: There are no budget issues to consider. Council Goals: Strategic Priorities: • Vibrant Neighborhoods Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, safe, inclusive comma), that enhances the mail), of life for all people and preserves the public trust Section 'A— Property Tnfoymation PrOperty Address: 6601 Camden Dr °Wrier Name: .Leroy Massaguoi Local Agent: iOwner Address: Agent Address: '11661 Butiorne.t Si, Coon Rapids,. iyIN 5.5448 Owner Phone: 76 3 5 1 6 5 9 4 1 :Agent Phone: Owner Email:.Agent Email:niassaguoi©yahoo.com 10 New _ Renewal: Current License Expiration Date: . *Pending, Type IVLicense Exp. Date: 10 01 /14 (Six months from ciarent license'expiration) Rental License:License Expiration 11/30/2014 VSS I City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 AFR 0 8 2074 Phone: 763-569,3300 TTY 711 Fox: 763-569-3360 www.cityofbrooklyncenter.org Rental License Mitigation Plan--Type IV Rental License Handwritten plans will not be accepted. Please type or use fillable form on City website. 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 Documents .: Submit the following documents with the Mitigation Plan for approval: 1 1 Crime Free Housing Program Training Certificate (if completed, if not completed, please include scheduled date in Section C. 2 Copy of Lease including Minnesota Crime Free Housing Lease Addendum 3. Submit written report by 10" of each month (after license approval). 1 I /L -Section C—. Crime Fre'C'Houaing PrOginin )eciiiiii'ements nate I 1.Use written lease including Crime Free Housing Lease Addendum. 2.Conduct criminal background check for all prospective tenants. Provide documentation to City if requested. 3 Pursue the eviction of tenants who violate the terms of the lease or any addendums. I 1Ii I 1 I Page 1 Type IV Mitigation Plan Rev 11-16-11 / 4. Attend City approved eight how Crime Free Housing Completed: course. or Date Course Scheduled: ,.u5—k 1 I 7 `- Course Phase IIII Assessment andimplement all security improvements recommended by the er Police Dept ent. , 1 ( i/(1 ,,,. 1.`-"Civ v lImprovements to be completed by: I i I Complete Security Brooklyn Cen Date Scheduled: Phase III of 50% of the ARM meetings (two). ARM meetings scheduled for: May 8 2014 & July 10 2014 ,/ I will attend a minimum I will attend the Do these two meeting (*See Section A) dates occur before the *Pending Type IV License expiration date? :El Yes Fl No If no, you will only be able to qualify for a Type IV Rental License upon renewal. code violations previously documented within the past year. or more units: training annually that includes crime prevention techniques. resident meetings. I will have no repeat For properties with four I 11 I will conduct residentI) I will hold regular Section D .:Iiiifig Tethi'Capital Improvements Mil Based on condition and age, estimated replacement dates are provided for common capital items. Funding should be considered accordingly. However, items broken, worn or otherwise in violation prior to the estimated replacement date will require earlier corrections. Date Last Replaced Estimated Replacement Date Fumace/AC-2012 2040 Water Heater-2012 2020 Kitchen Appliances-2014 Laundry Appliances-2014 Exterior -Paint/Siding, fascia, -Windows trim Association 2020 -Roof Association ,.Fence Association -Shed NA -Garage Association -Driveway Association -Sidewalks NA Smoke Alarms & Carbon Monoxide Alarms 2014 2022 Other(s) •SéctiOifE 4-Steiiiiij'Inwrihe Vtarii6iiilejif and Conditions of Pi.opètty Implementing the following By checking the boxes best practices may assist in the management of your property. below, you agree to: tenants every 30 days. to check for violations twice a month. [ 1 I 1. Check in withII 1 i 2. Drive by property Page 2 Type IV Mitigation Plan Rev 11-16-11 111-7713. Evict tenants in violation of the lease and all addendutns. Provide lawn/snow service. Provide garbage service. Install security system. 5 . M 6. 7. Provide maintenance service plan for appliances. Name of service co.: 11:211/8. I am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other financial claps lue to the City.-__t . -_ Other(s): _9. For City Use--Mitigation Plan Approved By: Police Department / Title ■dgill& 1 IV, • ommunity Standards Department / Title Please read thoroughly: If the Type IV Rental License is approved by the City Council, the Licensee must comply with the approved Mitigation Plan and all applicable city codes. No later than the 10th of each calendar month, the licensee must submit to the Building and Community Standards Department a written report describing all steps taken to comply with the Mitigation Plan. 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. j7,4' "7,1 C/e) Owner or Agent Namand Title (Please Print) - Owner or derdSignature Date Additional Owner or Agent Name and Title (if applicable) (Please Print) Additional Owner or Agent Signature (if applicable) Date Page 3 Type IV Mitigation Plan Rev 11-16-11 City Council Agenda Item D0 1 0c COUNCIL ITEM MEMORANDUM DATE: May 12, 2014 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk 44-maott SUBJECT: Type IV 6-Month Provisional Rental License for 5755 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 5755 Humboldt Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family property. The previous rental license was a Type II Rental License. This property qualifies for a Type IV provisional rental license based on 16 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: 12-04-2013 12-31-2013 01-31-2014 02-14-2014 02-14-2014 02-26-2014 The Owner, Toan Truong, applied for renewal of the rental dwelling license for 5755 Humboldt Ave N, a single family dwelling. An initial rental inspection was conducted. 16 property code violations were cited, see attached rental criteria. A follow-up rental inspection was conducted and failed. A second follow-up rental inspection was conducted and failed. The property was charged a $100 reinspection fee. A follow-up rental 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 02-26-2014 03 -05-20 14 03-17-2014 03-31-2014 04-17-2014 04-29-2014 05-05-2014 City records indicate zero validated police incident/nuisance calls occurred in the past twelve months. The $100 reinspection fee was paid. A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. The 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 May 12, 2014. 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 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 consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy — Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for people and preserves the public trust 0-11-2 unitsType I — 3 Year 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 Type 11-2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III — 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1 .5 but not more than 3 Type IV —6 Months 1-2 units 3+ units Greater than 8 Greater than 3 COUNCIL ITEM MEMORANDUM perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: O At least 75% of units will be inspected for properties with 15 or less units. O At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) License Category Number of Units No Category Impact 1-2 3-4 units 0-1 0-0.25 5 or more units 0-0.35 Decrease 1 Category 1-2 3-4 units Greater than 1 but not more than 3 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 3-4 units Greater than 3 Greater than 1 5 or more unitsGreater 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 conununi07 that enhances the quality of life for all people and preserves the public trust Owner Phone:952-484-2993 Agent-Phone: Seetiori , A— Propetty Information Property Address: 5755 Humboldt Ave N. - Ow "e r-Name:Toan Truong Owner Address: • 1802 13th at NW, Fairbaült, MN 55021 Local Agent: Agent Address: Owner Em4ii:to6n.truorid71©Siahoo.com Agent Email: - Rental License: New Renewal: :Currci t License Expiration Date:-3/31 /.14 *Pendi ig Type IV License Eicp.':Date: 1 0 /31 /14 (Six months from carrent license' expiration): License Exp. 09/30/2014 VSS I City of Brooklyn Center Phone: 763-559-3300 TTY 711 - 6301 Shingle Creek Parkway %CZ I 1 Ndv Fax: 763-569-3360 Brooklyn Center, MN 55430-2199 wWw:cityofbrooklyncenter.org 1111111iMilignellaII IS V MBE r..'._,- _ _ :M F.t.MMEM,Zati .71.i.:: ' 1::',.:..•• . z: ' •. • ' , i • Rental License Mitigation Plan--Type IV Rental License Handwritten plans will not be accepted. Please type or use fillable form on City website. 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. ,Seetion 7.„ equired Documents, . . Submit the following documents with the Mitigation Plan for approval: 1 Crime Free Housing Program Training Certificate (if completed, if not completed, please include scheduled date in Section C.i/1 2.Copy of Lease including Minnesota Crime Free Housing Lease Addendum13.Submit written report by 10 1h of each month (after license approval). 86dioii Crime Free'Hotsing Program Requirements Pha el 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. [ 1 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 approved eight hour Crime Free Housing course. Date Course Scheduled:Date COurse'Completed: 1 /23/14 or Phase II improvements recommended by the kito be completed by: .30 d 1 ,/ I Complete Security Assessment and implement all security Brooklyn Center Police Department. - Date Scheduled: S /IC V-71 -e-7--- Improvements Phase III (two). & 7/10/14 I / I I will attend a minimum of 50% of the ARM meetings I will attend the ARM meetings scheduled for: 5/8/14 Do these two meeting dates occur before the *Pending (*See Section A) If no, you will only be able to qualify Type IV License expiration date? IMI Yes I I No for a Type IV Rental License upon renewal. within the past year. crime prevention techniques. [ i I I will have no repeat code violations previously documented For properties with four or more units: I I that includeswill conduct resident training annuallyII I will hold regular resident meetings. Section D .-,-LOneferin..CapitatlitiProvemen6 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 require earlier corrections. Date Last Replaced Estimated Replacement Date 2040Furnace/AC-2002 Water Heater-2012 2022 Kitchen Appliances-2013 2027 Laundry Appliances-2013 2027 Exterior -Paint/Siding, fascia, trim 2010 2015 -Windows 2022 - -Roof 2002 2014 -Fence NA -Shed NA -Garage 2002 2014 -Driveway 2002 2014 -Sidewalks 2002 2014 Smoke Alarms & Carbon Monoxide Alarms 2013 2018 Other(s), .., ..Section .E .:-.- Step to Imp Management aiid:COnclitiOn's0PrOperty. management of your property. month. Implementing the following best practices may assist in the By checking the boxes below, you agree to: Il 1 I 1. Check in with tenants every 30 days.I 1 I 2. Drive by property to check for violations twice a Type IV Mitigation Plan Rev 11-16-11Page 2 For CityCity Use--Mitiaatioa Plan Approved By: olice P epartment / Title uildii Co UMI tity Standards Department / Title 3 Evict tenants in violation of the lease and all addendums. 4 Provide lawn/snow service. 5.Provide garbage service. 6.Install security system. 7.Provide maintenance service plan for appliances. Name of service co.: 8.1 am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other financial claims due to the City. 9. Other(s): Please read thoroughly: If the Type IV Rental License is approved by the City Council, the Licensee must comply with the approved Mitigation Plan and all applicable city codes. No later than the 10 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. 1 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. 6/1-N) ITZ00 Owner or Agent Name and Title (Please Print) "Td--'trg)e'cTtcAdrr::--- Date Owner or Agent Signature Additional Owner or Agent Name and Title (if applicable) (Please Print) Additional Owner or Agent Signature (if applicable) Date Page 3 Type IV Mitigation Plan Rev 11-16-11 City Council Agenda Item No. 10d COUNCIL ITEM MEMORANDUM DATE: May 12, 2014 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk J4.6114. SUBJECT: Type IV 6-Month Provisional Rental License for 5949 Xerxes 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 5949 Xerxes Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family property. The previous rental license was a Type I Rental License. This property qualifies for a Type IV provisional rental license based on 12 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: 09-05-2013 10-02-2013 11-06-2013 11-06-2013 11-20-2013 The Owner, Orrin Hager, applied for renewal of the rental dwelling license for 5949 Xerxes Ave N, a single family dwelling. An initial rental inspection was conducted. 12 property code violations were cited, see attached rental criteria. A second rental inspection was conducted and passed. City records indicate zero validated police incident/nuisance calls occurred in the past twelve months. A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for people and preserves the public trust COUNCIL ITEM MEMORANDUM 12-17-2013 12-3 1-20 13 01-02-2014 02-20-2014 02-20-2014 02-24-2014 03-17-2014 04-01-2014 04-29-2014 05-05-2014 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. Staff spoke with the owner and explained the type of rental license the property qualified for. Staff informed the owner that a Mitigation plan is required to be approved by city council before a rental license is issued. A $125 Administrative Citation was issued for not submitting a mitigation plan. A $300 Administrative Citation was issued for Operating without a rental license. Staff met with the owner to discuss the rental license type. Staff explained that the property qualifies for a Type IV-6 month provisional rental license and the submission of a Mitigation plan is required. A follow up letter was sent on 02- 28-2014. Handwritten plan submitted. Assistance creating the Mitigation Plan was offered by staff. 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 May 12, 2014. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5.Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy — Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3. Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust 0-11-2 unitsType I — 3 Year 3+ units 0-0.75 License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit Type 11-2 Year 1-2 units 3+ units Greater than 1 but not more than 4 Greater than 0 75 but not more than 1 5 -2 units 3+ units Greater than 4 but not more than 8 Greater than 1.5 but not more than 3 Type III — 1 Year Type IV —6 Months1-2 units 3+ units Greater than 8 Greater than 3 Property Code and Nuisance Violations Criteria COUNCIL ITEM MEMORANDUM 4. License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: 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 Uniforin Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) License Category Number of Units No Category Impact 1-2 3-4 units 5 or more units 0-1 0-0.25 0-0.35 1-2 3-4 units 5 or more units Greater than 1 but not more than 3 Greater than 0.25 but not more than 1 Greater than 0.35 but not more than 0.50 Decrease 1 Category Decrease 2 Categories 1-2 3-4 units Greater than 3 Greater than 1 5 or more units Greater than 0 50 COUNCIL ITEM MEMORANDUM report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). Budget Issues: There are no budget issues to consider. Strategic Priorities: • Vibrant Neighborhoods Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust - City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 04) 0 Phone: 763-569-3300 TTY 711 Fax: 763-569-336044 maw. cityofbrooklyncenter.org Rental License Mitigation Plan--Type IV Rental License Handwritten plans will not be accepted. Please type or use fillable form on City website. Section A— Property Information Property Address:5949 Xerxes Ave Owner Name:Orrin Hager Local Agent: N/A Owner Address: 2741 Yosemite Ave S. Saint Louis Park, Mhi 55416 Agent Address: Owner Phone: 952 _929 _1453 Agent Phone: Owner Email: ohager@corncast.net Agent Email: Rental License: I I New [P, Renewal: Current *Pending (Six months License Expiration Date: d-,/ Type IV License Exp. Date: G 0 ,Al 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 B— Required Documents Submit the following documents with the Mitigation Plan for approval: 1 Crime Free Housing Program Training Certificate (if completed, if not completed, please include scheduled date in Section C.r 1 I 2.Copy of Lease including Minnesota Crime Free Housing Lease Addendum 3.Submit written report by 10 th of each month (after license approval).1 Section C— Crime Free Housing Program Requirements Phase 1 1 I 1. Use written lease including Crime Free Housing Lease Addendum. i -I 2. Conduct criminal background check for all prospective tenants. Provide documentation to City if requested.LJ 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 Date Scheduled: 03/19/2014 Improvements to be completed by: 03/26/2014 1 1 I will have no repeat code violations previously documented within the past year. For properties tvith four or more :mils: I will conduct resident training annually that includes crime prevention techniques. I will hold regular resident meetings.I ll/l Implementing the following best practices may assist in the management of your property. By checking the boxes below, you agree to: 1.Check in with tenants every 30 days. 2.Drive by property to check for violations twice a month. 4. Attend City approved eight hour Crime Free Housing course. Date Course Completed: or Date Course Scheduled: Phase II Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. Phase III I will attend a minimum of 50% of the ARM meetings (two). I will attend the ARM meetings scheduled for: Mamh18thIl I & May 8th Do thesethese two meeting dates occur before the *Pending Type IV License expiration date? Yes U No (*See Section A) If no, you will only be able to qualify for a Type IV Rental License upon renewal. Section —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 re lacement date will reciuire earlier corrections.. . Date Last Replaced Estimated Replacement Date 2021Furnace/AC- Water Heater-2020 Kitchen Appliances-2022 Laundry Appliances-2022 Exterior -Paint/Siding, fascia trim 2018 -Windows 2027 -Roof 2020 -Fence 2030 -Shed 2030 -Garage 2030 -Driveway 2030 -Sidewalks 2030 Smoke Alarms & Carbon Monoxide Alarms Other(s) Section E — Steps to Improve Management and Conditions of Property D Page 2 Type IV Mitigation Plan Rev 11-16 -11 DateOwner or Agent Sign ture WI 3 Evict tenants in violation of the lease and all addendums. 4. Provide lawn/snow service.11511 5. Provide garbage service. 6 Install security system. 7. Provide maintenance service plan for appliances. Name of service co.: I 1 I 8. I am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other financial claims due to the City. ElEi 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 l O th of each calendar month, the licensee must submit to the Building and Community Standards Department a written report describing all steps taken to comply with the Mitigation Plan. I verify that all information provided above is true and accurate. I understand that if I do not comply with an approved Mitigation Plan, comply with all applicable ordinances within the license period, or operate beyond the license expiration date; enforcement actions such as citations, formal complaint or license review may result. Orrin Hager Owner or Agen ame and Title (Please Print) Additional Owner or Agent Name and Title (ifapplicable) (Please Print) Additional Owner or Agent Signature (if applicable) Date ace Department / Title uildfngmmunity Standards Department / Title Page 3 Type IV Mitigation Plan Rev 11-16-11 City Council Agenda Item No. 10e COUNCIL ITEM MEMORANDUM DATE: May 12, 2014 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk 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, Resolution and issuance oft 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. This is a single family property. The property would qualify for a Type II Rental License based on the number of property code violations (two) and validated police nuisance incidents (zero). However, the property owner failed to meet the condition(s) of the Type IV Rental License, specifically failed to attend Owners/Managers Association Meetings, turn in monthly updates, and complete security improvements. Therefore, according to City Ordinance, the license renewal category remains a Type IV. The property owner received a Type IV Rental License on October 28, 2013 on condition of adherence to the Mitigation Plan and City Ordinances. The owner has failed to comply with the Mitigation Plan and applicable ordinances. According to City ordinances, if the requirements of the license category and the Mitigation Plan are not met, the license renewal category remains a Type IV. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the continued Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. The following is a brief history of the license process actions. Current rental license approval activities: 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 11-18-2013 12-26-2013 01-27-2014 01-27-2014 01-3 1-20 14 02-06-2014 02-20-2014 02-20-2014 03-07-2014 03-20-2014 04-15-2014 04-29-2014 05-05-2014 The owner, Farnaz Toussi, applied for renewal of the rental dwelling license for 5820 Logan Avenue N, a single family dwelling. An initial rental inspection was conducted. Two property code violations were cited, see attached rental criteria. A reinspection was conducted and passed. City records indicate zero validated police incident/nuisance calls occurred in the past twelve months. The previous Type IV license expired. A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. A 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. A $125 Administrative Citation was issued for not meeting plan requirements. A plan was submitted; however it was the Action Plan Form from a Type III license. An email was sent to the owner stating that they submitted the wrong plan and the proper plan would need to be submitted. A $125 Administrative Citation was issued for not submitting a mitigation plan. The Mitigation Plan was finalized. A letter was sent to the owner notifying that the hearing before the Council will be held May 12, 2014. Prior Type IV Rental License approval activities: 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. 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. 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 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 terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy — Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. •Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: •At least 75% of units will be inspected for properties with 15 or less units. o At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for ailpeople and preserves the public trust Type I — 3 Year 1-2 units 0-1 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 Type 11-2 Year 1-2 units Greater than 1 but not more than 4 Type III — 1 Year 3+ units 1-2 units Greater than 0. Greater than 4 75 but not more than 1.5 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV —6 Months 1-2 units 3+ units Greater than 8 Greater than 3 Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) License Category Number of Units No Category Impact 1-2 3-4 units 5 or more units 0-1 0-0.25 0-0.35 Decrease 1 Category 1-2 3-4 units Greater than 1 but not more than 3 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 3-4 units Greater than 3 Greater than 1 5 or more units Greater than 0.50 COUNCIL ITEM MEMORANDUM b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for people and preserves the public trust COUNCIL ITEM MEMORANDUM Budget Issues: There are no budget issues to consider. Council Goals: Strategic Priorities: Vibrant Neighborhoods Attachment - Mitigation Plan - Resolution Approving a Type IV Rental License for 5820 Logan Ave N Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust ECEUVE - City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-21991 110, z=ma-rowar_val;it AP 1 7 2014 hone: 763-569-3300 TTY 711 Fox: 763-569-3360 www.cityofbrooklyncenterorg Rental License Mitigation Plan--Type IV Rental License Handwritten plans will not be accepted. Please type or use fillable form on City website. Section A — 14opeti3lIrifOilnatioa Property Ad& ess: 5820 Logan .AVE North, Brooklyn Center, MN 55430 Owner Namc:Farnaz Toussi -Local Agent: °Wiwi Address: - 513 Erie .Street, SE,.._ Agent Address: .Owner Phone: (612)227-2359 / (612)501757, _A g ent Phone': Owner 1.11"il'hahbab©msn.corn -Agent Email: 'Rcrital License: New Renewal! -Current *Pending . - (SA: months License Expiration Date.D 6 G 61 7 //./ 'y Type IV 1„icense E)cp. Date: : fi/Pi/V 77 from curivriOiceri,ye eApiration) 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 ongoinR 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. eetisiti:13-FRe'tptiii iigiiikeiitt' ,.- ,tibinit the following documents with the Mitigation Plan for approval: I Crime Free Housing Program Training Certificate (if completed, if not completed, please include scheduled date in Section C. 2.Copy of Lease including Minnesota Crime Free Housing Lease Addendum 3.Submit written report by 10 th of each month (after license approval). I 1 L 1 Section — Ci tine: tee Housing:Proi;antiOettuireinent Use written lease including Crime Free Housing Lease Addendum. Conduct criminal background check for all prospective tenants. Provide documentation to City if requested. Pursue the eviction of tenants who violate the terms of the lease or any addendums. e I I 2. 3 i1 1 1 I 1 Type IV Mitigation Plan Rev 11-16-11as,P ge 1, I 4.. Attend City approved eight hour Crime Free Housing course. Date Scheduled:Improvements to be completed by: 12/2013 11611Phase III Twill attend a minimum of 50% of the ARM meetings (two). I Will attend the ARM meetings scheduled for: 0l/18/2014,03/13/2014, 051081 & ll 'III I Implementing the following best practices may assist in the management of your property. By checking the boxes below, you agree to: 1.Check in with tenants every 30 days. 2.Drive by property to check for violations twice a month. Date Course Completed: 2010 at Plymouth Police or Date Course Scheduled: Phase II Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. Do these two meeting dates occur before the *Pending Type IV License expiration date? YesI NoI (*See Section A) If no, you will only be able to qualify for a Type IV Rental License upon renewal. will have no repeat code violations previously documented within the past year. For properties with four or more wilts: I will conduct resident training annually that includes crime prevention techniques. I will hold regular resident meetings. Section -D -- Lorig Term Capital Improveineing 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. , Date Last Replaced Estimated Replacement Date 2020Furnace/AC-1990 Water Heater- 2011 2011 2023 Kitchen Appliances-2012 2020 Laundry Appliances-na na Exterior . I ' -Paint/Siding, fascia, trim 2012 2017 2008 2028 -WindOWS 2008 2028 -Roof 2004 2024 -Fence na na -Shed as na -Garage na na -Driveway na na -Side -walks na na Smoke Alarms & Carbon Monoxide Alarms 2014 2014 Other(s) Section E --, :$teps,'YO,IntkoVe -Managenaent and '6Onditlatik,nfit'rnpertY.:: - r Page 2 Type IV Mitigation Plan Rev 11-16-11 EVict tenants in violation of the lease and all addendums. 4. Provide lawn/snow service. 5. Provide garbage service.I /1 6 Install security system. 7: Provide maintenance service plan for appliances. Name of service co.: Center point e 8.I am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other financial claims due to the City. 9.Other(s): For Use—Mitigation Plan Approved By: C114- Police Department / Title Trom unity Standards Department / Title DY-/ V/V 134/1/8/Ij Plea s e 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 . er or Agéfit Name and Title (Please Print) fq101 TOUbS Owner or Agent Signature 2:(1 15/ zoiy Additional Owner or Agent Name and Title (if applicable) (Please Print) Additional Owner or Agent Signature (( applicable) Date Page,3 Type IV Mitigation Plan Rev 11-16-11 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 5820 LOGAN AVENUE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 5820 Logan Avenue N, was issued a Type IV Rental License on October 28, 2013; and WHEREAS, City Ordinance Section 12-901.2 requires a property owner who receives a Type IV Rental License complete Phase I, II and III of the Crime Free Housing Program; and WHEREAS, City Ordinance Section 12-914.3.c establishes the requirement for an owner of a Type IV rental property to complete Phase II of the Crime Free Housing Program, including attendance at a minimum of 50 percent of Owners/Managers Association Meetings, complete Crime Prevention Through Environmental Design Requirements and City Ordinance Section 12-913 requires submittal of monthly updates; and WHEREAS, the property owner of 5820 Logan Avenue N, Brooklyn Center failed to attend Owners/Managers Association Meetings, complete security improvements and turn in monthly updates; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE IV Rental License is hereby approved for the property at 5820 Logan Avenue N, Brooklyn Center, MN. May 12, 2014 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 N© 10f COUNCIL ITEM MEMORANDUM DATE: May 12, 2014 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk 44-11ffiL SUBJECT: Type IV 6-Month Provisional Rental License for 6812 Scott Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan, Resolution and issuance of a Type IV 6-Month Provisional Rental License for 6812 Scott Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family property. The property qualifies for a Type IV Rental License based on the number of property code violations (three) and validated police nuisance incidents (zero). Also, the property owner failed to meet the condition(s) of the Type IV Rental License, specifically failed to attend Owners/Managers Association Meetings, turn in monthly updates and failed to complete security improvements. The property owner received a Type IV Rental License on August 26, 2013 on condition of adherence to the Mitigation Plan and City Ordinances. The owner has failed to comply with the Mitigation Plan and applicable ordinances. According to City ordinances, if the requirements of the license category and the Mitigation Plan are not met, the license renewal category remains a Type IV. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the continued Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements. As of May 6, 2014, staff is working with the property owner regarding a recent complaint about junk to ensure compliance with the ordinance. Actions will be taken as appropriate to ensure compliance. The following is a brief history of the license process actions. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for people and preserves the public trust COUNCIL ITEM MEMORANDUM license approval activities: The owner, Lankia Lartey, applied for renewal of the rental dwelling license for 6812 Scott Ave N, a single family dwelling. An initial rental inspection was conducted. Three property code violations were cited, see attached rental criteria. A second inspection was conducted and passed with weather deferral for exterior items. City records indicate zero validated police incident/nuisance calls occurred in the past twelve months. The previous Type IV license expired. A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. A Mitigation Plan was submitted. A $125 Administrative Fine was issued for failure to meet the plan requirements. The Mitigation Plan was finalized. A letter was sent to the owner notifying that the hearing before the Council will be held May 12, 2014. Rental License approval activities: The Owner, Lankia Lartey, applied for an initial rental dwelling license for 6812 Scott Avenue N, a single-family residential property. An initial rental inspection was conducted. (Nine property code violations were cited, see attached rental criteria) The rental license inspection was cancelled by owner due to construction (basement finish, new water heater, etc.) and rental items not completed. A follow up inspection was conducted and failed. There was miscommunication about inspection date so inspection was rescheduled. The property was posted as unlicensed. A follow up rental inspection was conducted and passed. A $100 reinspection fee was charged to the property. A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. A 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 $100 reinspection fee was paid. A Mitigation Plan was submitted. Property taxes were paid. The Mitigation Plan was finalized. Current rental 12-18-2013 12-30-2013 01-27-2014 01-27-2014 02-28-2014 04-02-2014 04-16-2014 04-23-2014 04-29-2014 05-05-2014 Prior Type IV 09-14-2012 10-29-2012 12-02-2012 01-17-2013 02-15-2013 04-11-2013 05-23-2013 05-23-2013 06-19-2013 07-17-2013 07-18-2013 07-23-2013 07-25-2013 08-05-2013 Mission: Ensuring an attractive, clean, safe, inclusive conununity that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 08-16-2013 A letter was sent to the owner notifying that the hearing before the Council will be held August 26, 2013 If approved, after six months, a new rental license is required. The license process will begin in approximately four months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 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. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy — Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: O At least 75% of units will be inspected for properties with 15 or less units. O At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Mission: Ensuring an attractive, clean, safe, inclusive conununi47 that enhances the quality of life for all people and preserves the public trust Type I — 3 Year 1-2 units 0-1 3+ units 0-0.75 Type 11-2 Year 1-2 units Greater than 1 but not more than 4 Greater than 0.75 but not more than 1.53+ units Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit Type III — 1 Year 1-2 units 3+ units Greater than 4 but not more than 8 Greater than 1.5 but not more than 3 Type IV —6 Months 1-2 units 3+ units Greater than 8 Greater than 3 COUNCIL ITEM MEMORANDUM 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 5 or more unitsGreater than 0.35 but not more than 0.50 Decrease 2 Categories 1-2 Greater than 3 3-4 units Greater than 1 Mission: Ensuring an attractive, clean, safe, inclusive conununi61 that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Council Goals: Strategic Priorities: • Vibrant Neighborhoods Attachment - Copy of Mitigation Plan Approved as Part of the May 12, 2014 Type IV Rental License Approval - Resolution Approving a Type IV Rental License for 6812 Scott Ave N Mission: Ensuring an attractive, clean, safe, inclusive community that enhances inequality of life for all people and preserves the public trust Lod4l -Agent: Iva. ..OWner:N atriet L4hRia Agolt Phone: hiaV!!na.!.T.)1633.009040 :: Page 1 Type IV Mitigation Plan Rev 11-16-11 vs,I City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 LZ1-4 Phone: 763-569-3300 TTY 711 Fax: 763-569-3360 www.cityofbrooklyncenterorg Rental License Mitigation Plan--Type IV Rental License Handwritten plans Will not be accepted. Please type or use fillable fornz on City website. 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. ,SeetoBIRequji70 D ocuments'::,:;_.: 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 I O th of each month (after license approval). I i 1 [ 1 efefiCa i-.1nrii,Rice HousmgP rogi a4 ,Reiluiii.ettiénis.;.-::;.,. Phafe 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.1 3 Pursue the eviction of tenants who violate the terms of the lease or any addendums. 1 1 II1 I 1 eetn n A— Pi.OPer :Property Address 6812 scott .ave north Owner Address'. Agent Address: 10916 Idaho circle north, champlin MN 55316 n/a . pwilei Email::1 Agent Entail: n i6;dartl 0©8rti(irrin e(10 Renewal:Febuary 2014Current License Expiration Date:r *Pending Type IV License ExP. Date: 111!1 (Six nionths from cum en! license .expi;.cnion) New •Rental License:- 1 i j 4. Attend City approved eight hour Crime Free Housing course. Date Course Completed: February 8th 2014 or Date Course Scheduled: Phase II ,/Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. Date Scheduled: September 2013 Improvements to be completed by: Phase III i I will attend a minimum of 50% of the ARIVI meetings (two). 1 I will attend the ARM meetings scheduled for: may 2014 & . jUi \I 0 i 0-0/Li Do these two meeting dates occur before the *Pending Type IV License expiration date? (*See Section A) If no, you will only be able to qualify for a Type IV Rental License upon Si Yes ) I No renewal. I,. ‘i -I I will have no repeat code violations previously documented within the past year. For properties with four or more units: I- 1 Twill includes techniques.conduct resident training annually that crime preventionII I will hold regular resident meetings. : . 4-.1-7/Mrr MB% STTILWIZMEtt ... t..- ' ' ' ' . - IL • . Based on condition and age, estimated replacement dates are provided for common capital items. Funding should be considered accordingly. However, items broken, worn or otherwise in violation prior to the estimated replacement date will require earlier corrections. Date Last Replaced Estimated Replacement Date Furnace/AC-f.i, pm p-o Water Heater-Heater-04/1012009 rN)Z--9 Kitchen Appliances-5/1712013 & 8/2013 PO 18 Laundry Appliances-April 2014 r2019 Exterior -Paint/Siding, fascia, trim 11/20/2012 et>/i'l 190;)-- qagj 11/20/2012 -Windows 11/16/2012 12 ZVI -Roof 2008 .2ü2,Elt -Fence nia rda ni /a- -Shed Oa nla 1\1 1 A--Garage 06119/2013 r;10,Aa_-Driveway 05/29/2013 -Sidewalks 05/09/2013 015(9 Smoke Alarms & Carbon Monoxide Alarms Was/ &A 0 15- Other s 02/15/2014 rt',74g.V/t04 ::a 011 43401:441 • LILL_ 01211:xsr. ' zt . 1-sy Implementing the following best practices may assist in the management of your property. pckerking the boxes below, you agree to: 1.Check in with tenants every 30 days. 1 1 2.Drive by property to check for violations twice a month. Page 2 Type IV Mitigation Plan Rev 11-16-11 3.Evict tenants in violation of the lease and all addendums. 4.Provide lawn/snow service.Fr 5. Provide garbage service. Install security system.home services plus7. Provide maintenance service plan for appliances. Name of service co.: RI 8. I am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other ET] 9. financial claims due to the City. Other(s): 1111511 =1.6. For City Use —Mitigation Plan Approved By: 4 32_ c?er' Police Department / Title m Standards Department / TitleAtildin?S;21Ttm ty 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 dat • enforcement actions such as citations, formal complaint or license review may result. 1-codCa et. tharer or Agent Name /1' - 1 3 - aolLI Date Additional Owner or Agent Name and Title (if applicable) (Please Print) Additional Owner or Agent Signature (if applicable) Date Page 3 Type IV Mitigation Plan Rev 11 -16 -11 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 6812 SCOTT AVENUE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 6812 Scott Avenue N, was issued a Type IV Rental License on August 26, 2013; and WHEREAS, City Ordinance Section 12-901.2 requires a property owner who receives a Type IV Rental License complete Phase I, II and III of the Crime Free Housing Program; and WHEREAS, City Ordinance Section 12-914.3.c establishes the requirement for an owner of a Type IV rental property to complete Phase II of the Crime Free Housing Program, including attendance at a minimum of 50 percent of Owners/Managers Association Meetings, complete Crime Prevention Through Environmental Design Requirements and City Ordinance Section 12-913 requires submittal of monthly updates; and WHEREAS, the property owner of 6812 Scott Avenue N, Brooklyn Center failed to attend Owners/Managers Association Meetings, complete security improvements and turn in monthly updates; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE IV Rental License is hereby approved for the property at 6812 Scott Avenue N, Brooklyn Center, MN. May 12, 2014 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION May 12, 2014 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. Minneapolis Northwest Convention & Visitors Bureau 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 Parking Lot Issues 1. Joint Meeting with Charter Commission Work Sss©n Agenda Item N©0 1 MEMORANDUM - COUNCIL WORK SESSION DATE: May 8, 2014 TO: City Council FROM: Curt Boganey, City Manag0 -2-, SUBJECT: Minneapolis Northwest Update Recommendation: It is recommended that the City Council receive the report. Background: Annually the City imposes and collects a lodging tax from local hotels in Brooklyn Center. We then distribute approximately $400,000 to the CVB for the purpose of promoting tourism and commerce in the City. Mr. David Looby, Executive Director for the Convention and Visitors Bureau has asked to address the City Council in a worksession to provide information and discuss the activities of the CVB. Policy Issues: Strategic Priorities: • Community Image Mission: Ensurin n attractive, clean, sale, inclusive community that enhances the quality of life fir all people and preserves the public trust MINNEAPOLIS Northwest Convention & Visitors Bureau Board of Directors Orientation & Governance Manual "It is the mission of the Minneapolis Northwest CVB to attract visitors to our area resulting in a positive economic impact." Index Page Mission Statement 1 Index 2 Congratulations 3 What is a Convention & Visitors Bureau? 3 Organization Overview 4 Local Lodging Tax 5 Vision 6 Mission Statement 6 Organizational Authority 7 Structure of the Bureau 7 Bylaws 7 Officers, Directors, Executive Director 7 Directors and Officers Responsibilities & Ethics 8 Board of Directors Responsibilities 8 Board Code of Ethics 9 Officer Responsibilities 9 Staff Responsibilities 10 Committees/Task Forces 10 General Organization Structure 11 Staff Organizational Structure 12 2 Congratulations! ... and welcome to the Minneapolis Northwest Convention & Visitors Bureau Board of Directors. You were selected on the basis of demonstrated leadership, ability, interest and enthusiasm–qualities vital to the success of the Bureau. Serving as a director means you will be setting the pace for one of the organizations responsible for the future of your community. You are on a team charged with impacting the economy of this region. Each year, the Bureau furthers its ambitious programs, taking on new tasks, and building a solid foundation for the future. This means special dedication will be required of its leaders. This manual is an effort to help you. It presents the Bureau, its organization and its programs. Your job, though neither simple nor easy, will hopefully be a most rewarding one – you will gain the personal satisfaction of making a major contribution toward the betterment of your community. What is a Convention & Visitors Bureau? First of all - you should know something about the organization for which you work. The Bureau has the responsibility of being a short-term economic stimulant for our community by promoting the region as a travel and tourism destination. The Bureau is a dynamic living process because its people are working for the promotion of our area. It is primarily an organization of business, industry and professional men and women who have joined together to work for the betterment of the community. In the northwest suburbs, as in other areas, there is a distinct need for an organized group such as the Bureau. While their approaches and structures vary, official Destination Marketing Organizations (DM0s)— typically called CVBs (Convention and Visitor Bureaus) or tourism boards—promote the long-term development and marketing of a destination, focusing on convention and conference sales, tourism and sports marketing and service. CVB leaders are the masterminds behind campaigns marketing an "entire" destination to meeting professionals, tour operators, sports and event planners, business travelers, and individual visitors. CVBs represent the hotels, facilities, attractions, retailers, restaurants and other providers serving travelers. Convention and visitor bureaus are not-for-profit organizations charged with representing a specific destination and helping the long-term development of communities through a travel and tourism strategy. While some convention and visitor bureaus are membership organizations bringing together businesses that rely on tourism and meetings for revenue, our CVB is not and is funded primarily through a hotel occupancy tax. This (state-imposed) local-option sales tax, is paid by the hotel's 3 overnight guests and is in addition to any regular room-night charges the hotel collects. There is no direct cost to the hotel for the services of the bureau. In Minnesota a bureau, by state statute, has an agreement with one or more cities, to promote that area as a destination. Travel and tourism enhances the quality of life for a local community by providing jobs, bringing in tax dollars for improvement of services and infrastructure, and attracting facilities like restaurants & shops, festivals, and cultural and sporting venues and events that cater to both visitors and locals. Travel and tourism is one of the world's largest service exports and largest employers. In the United States, for example, travel and tourism is the third biggest retail sales sector. The industry contributes more than US$597 billion annually to the nation's economy and generates US$89 billion in tax revenues (2012 figures from the U.S. Travel Association). Indeed, travel and tourism is an economic engine and CVBs are one of the key drivers. For visitors, CVBs are like a key to the city. As an unbiased resource, CVB's can serve as a broker or an official point of contact for convention and sports, meeting, and event planners, tour operators and visitors. They assist planners with meeting preparation and encourage business travelers and visitors alike to visit local historic, cultural and recreational sites. They provide the full range of information about a destination, and most services provided by CVBs cost nothing to the recipient. Convention and visitor bureaus make planning and implementing a meeting less time-consuming and more streamlined. They give meeting planners access to a range of services, packages and value-added extras. Before a meeting begins, CVB sales professionals can help locate meeting space, check hotel availability, and arrange for site inspections. CVBs can also link planners with the suppliers, from motor- coach companies and caterers to off-site entertainment, restaurant and retail venues, which can help meet the prerequisites of any event. As CVBs have first-hand familiarity with the hotels and with meeting and event space in the area, they can help planners match properties to specific meeting requirements and budgets. Organization Overview FORMATION & TAX HISTORY The Minneapolis Northwest Convention & Visitors Bureau was chartered in 1986 and is recognized in the State of Minnesota as a 501(c)(6) non-profit corporation under the Internal Revenue Code. Minneapolis Northwest CVB is in business to market and promote our member cities collectively as a regional destination for all forms of tourism, group business, and sports. Currently, MNW CVB represents a geographically defined area of service situated along the 1-94/694 corridor in the northwest Twin Cities metropolitan area. Designated as a Destination Marketing Organization (DMO) by the State of Minnesota, and typically referred to as a Convention & Visitors Bureau (CVB), Minneapolis Northwest is engaged in many forms 4 of marketing and communications including, but not limited to: advertising, consumer travel and industry trade show exhibition, sales, public relations, direct marketing, social media marketing, and the production of marketing and fulfillment materials. This combination of communication avenues targets customers from Minneapolis Northwest's primary market segments: individual and group leisure travel, meetings and conventions, and sports teams and events. Minneapolis Northwest is governed by a Board of Directors who represent our communities and tourism affected business throughout the area. City appointments and elected positions to the board are made each January at the Annual Meeting of the Corporation. 469.190 Local Lodging Tax Subdivision 1. Authorization. Notwithstanding section 477A.016 or any other law, a statutory or home rule charter city may by ordinance, and a town may by the affirmative vote of the electors at the annual town meeting, or at a special town meeting, impose a tax of up to three percent on the gross receipts from the furnishing for consideration of lodging at a hotel, motel, rooming house, tourist court, or resort, othei than the renting or leasing of it for a continuous period of 30 days or more. A statutory or home rule charter city may by ordinance impose the tax authorized under this subdivision on the camping site receipts of a municipal campground. Subdivision 2. Existing taxes. No statutory or home rule charter city or town may impose a tax under this section upon transient lodging that, when combined with any tax authorized by special law or enacted prior to 1972, exceeds a rate of three percent. Subdivision 3. Disposition of proceeds. Ninety-five percent of the gross proceeds from any tax imposed under subdivision 1 shall be used by the statutory or home rule charter city or town to fund a local convention or tourism bureau for the purpose of marketing and promoting the city or town as a tourist or convention center. This subdivision shall not apply to any statutory or home rule charter city or town that has a lodging tax authorized by special law or enacted prior to 1972 at the time of enactment of this section. 5 VISION Minneapolis Northwest exists to implement promotions and to attract visitor spending to contribute to the economic growth of its Member Cities. The vision of Minneapolis Northwest is principally targeted to the following objectives: 1.To make prospective visitors aware of our member communities and their attractions as part of the greater Minneapolis/St. Paul metropolitan area. 2.To promote our member communities as a great place to stay when visiting the Twin Cities, including easy access to the Twin Cities and all its amenities from our representative area. 3.To promote the meeting and convention facilities available in our member communities and actively solicit meeting, conference, and convention business. 4.To attract and promote sporting and other events to the area and to other regional facilities. 5. To work with other Metro and State Convention and Visitors Bureaus, the Minnesota Office of Tourism, and other private and public organizations to generate a positive impact in the area for tourism, meetings, sports, and events. MISSION STATEMENT It is the Mission of Minneapolis Northwest CVB to attract visitors to our area resulting in a positive economic impact 6 Organizational Authority STRUCTURE OF THE BUREAU The Bureau is a private 501(c)(6) Minnesota non-profit corporation. It is not a part of any city, county or state governments; a political party or faction; a civic or social club; a social service or welfare agency. The officers are elected by the Board and serve as the Executive Committee. The Executive Director is hired by the Board and is the chief paid executive of the organization. His/her responsibilities are to operate within the framework of budgets established, programs adopted and policies developed by the members of the Board of Directors. Committee Chairpersons, appointed by the Board, and committees are mandated by and responsible to the Board. BYLAWS The Minneapolis Northwest Convention & Visitors Bureau is governed by its Bylaws. These Bylaws set forth the responsibilities of the Officers (Executive Committee), Board of Directors and the Executive Director. It behooves all persons associated with the Bureau, and especially its leadership team, to become familiar with its Bylaws. OFFICERS, DIRECTORS, EXECUTIVE DIRECTOR The Officers of the Executive Committee provide direction; the Board of Directors determines policy and program and recommend policy and programs, and the staff and committees and task forces carry out the policies and projects approved by the Board. Board members set goals and policies that will guide the board and the Executive Director. The board 1) makes policy, 2) directs the Executive Director to implement policy, and 3) monitors implementation and outcome of policy. Board policies determine what the organization will do. The Executive Director implements policy and determines what individual employees will do for the organization in carrying out board policy. The staff provides advisory, clerical and technical assistance. Directors and Officers Responsibilities & Ethics BOARD OF DIRECTORS RESPONSIBILITIES 1)work with my colleagues to support and advocate for a community environment where tourism can flourish; 2)make the Minneapolis Northwest Convention & Visitors Bureau one of the highest priorities among my extracurricular activities; 3)positively promote the Bureau at every opportunity, especially at public gatherings where maximum positive visibility can be obtained or when new partnerships might be developed; 4)attend all Board of Directors meetings; 5)participate by joining a committee or task force as may be needed; 6)advocate the position of the Bureau within the business community as set by the Board of Directors, when appropriate; and 7) participate in any affiliated organizations to strengthen the Board of Directors relationship with these organizations, and to strengthen these organizations. A Director is a partner with the other Board members in the important work of seeking to improve the hospitality component of the community. Election or appointment to the Board indicates acceptance of this responsibility to the membership and to the community. A Board member should adopt an attitude of tolerance for the viewpoints of other directors. There should be an attitude designed to unify diverse opinions into constructive policies for the community's good. It is important to recognize that your Bureau's first responsibility is to its tourism affected businesses and to the communities we serve. The Minneapolis Northwest Convention & Visitors Bureau is a business organization and is operated as such. BOARD CODE OF ETHICS As a board member you have agreed to the following code of ethics: 1)Represent the interests of all those served by this organization. 2)Not use the organization or my service on this board for my own personal advantage or for the individual advantage of my friends or supporters. 3)KEEP CONFIDENTIAL INFORMATION CONFIDENTIAL 4)Approach all board issues with an open mind, prepared to make the best decision for the whole organization. 5)Do nothing to violate the trust of those who elected me to the board or of those we serve. 6)Focus my efforts on the mission of the organization and not on my personal goals. 7) Never exercise authority as a board member except when acting in a meeting with the full board or as the board delegates me. Officers Responsibilities The Executive Committee shall act for and with the full authority of the Board of Directors when the Board is not in session but shall be accountable to the Board for its actions. It shall be composed of the Chair, Immediate Past Chair, Vice Chair, Treasurer, Secretary, and Executive Director. All actions taken by the Executive Committee shall be reported to the Board of Directors at the next meeting of the Board following the date of such action, but no delay in reporting any action of the Executive Committee to the Board of Directors, or failure to report any action, shall affect the validity of such action or of any actions taken in the name and on behalf of this organization pursuant thereto. The Executive Committee reports to and is accountable to the Board of Directors. Staff Responsibilities The Executive Director shall: 1)Be the chief administrative officer of the Bureau. 2)Shall be directly responsible to the Executive Committee. Duties of the Executive Director include: 1)Conducting the official correspondence 2)Preserving all books, documents and communications 3)Performing such duties as may be incident to the office 4)Implementation of program of work as directed by Board of Directors 5)Report and make recommendations to the Board of Directors 6)Be the official Bureau representative to the Press The Executive Director is subject to the direction of the Executive Committee. His/her compensation shall be fixed by the Executive Committee with the approval of the Board of Directors. He/she shall maintain general supervision over: 1)All Bureau employees and volunteers 2)Bureau's Strategic Plan 3)Activities and 4)Its offices May employ or discharge such employees and designate their duties and compensation as may be necessary or required in the proper and efficient management of such office. Committees/Task Forces Committees/Task Forces may be formed in order to perform the functions prescribed or authorized by the Board of Directors. The Chairperson's authority and that of the committee has been delegated by the Board of Directors through the Chair of the Board. The Bureau's staff works with each committee/task force chairperson and provides assistance as is desirable and practical in carrying out their assignments. MINNEAPOLIS NORTHWEST CONVENTION & VISITORS BUREAU GENERAL ORGANIZATIONAL STRUCTURE The Bureau is a 501(0(6) Organization BOARD OF DIRECTORS Executive Committee of the Board of Directors Executive Director Task Forces/Committees of the Board Staff MINNEAPOLIS NORTHWEST CVB STAFF ORGANIZATIONAL STRUCTURE