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HomeMy WebLinkAbout2014 07-14 CCP Regular SessionAGENDA CITY COUNCIL STUDY SESSION July 14, 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 July 14, 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.June 23, 2014— Study Session 2.June 23, 2014 — Regular Session 3. June 23, 2014— Work Session b. Licenses c.Resolution Appointing Additional Election Judges d.Application and Permit for Temporary On-Sale Liquor License Submitted by Miracle Empowerment Center, 5801 John Martin Drive, for a Social Event to be Held August 29 and 30, 2014 e. Applications and Permits for Temporary On-Sale Liquor Licenses Submitted by City of Lakes Nordic Ski Foundation for Social Events to be Held at Surly Brewing Company, 4811 Dusharme Drive, on September 20, 2014, and October 25, 2014 CITY COUNCIL AGENDA -2- July 14, 2014 f.Application and Permit for Temporary On-Sale Liquor License Submitted by St. Alphonsus Church, 7025 Halifax Avenue North, for a Social Event to be Held July 18-20, 2014 g.Resolution Approving Transfer of Funds From Earle Brown Heritage Center Operating Fund to Earle Brown Heritage Center Capital Fund h.Resolution Approving Final Plat for BRI MAR THIRD ADDITION i.Approval to Authorize the Reduction and Acceptance of a New Irrevocable Letter of Credit Issued by Associated Bank of Green Bay, WI, on Behalf of Presbyterian Homes and Services (Ref. Planning Application No. 2012-003) Resolution Authorizing the Execution of a Joint Cooperation Agreement Between the City of Brooklyn Center and Hennepin County for Participation in the Urban Hennepin County Community Development Block Grant Program in Fiscal Year 2015-2017 k. Resolution Authorizing Payment to North Valley Inc. Per Judgment 1. Resolution Authorizing the Adoption of the Hennepin County Violent Offender Task Force Co-Operative Agreement m. Resolution Authorizing the Adoption of the Minnesota Internet Crimes Against Children Task Force Multi-Agency Law Enforcement Joint Powers Agreement 7. Presentations/Proclamations/Recognitions/Donations a. Resolution Expressing Recognition and Appreciation of Sergeant Peggy Labatt for Twenty Years of Dedicated Public Service to the City of Brooklyn Center Requested Council Action: —Motion to adopt resolution. 8. Public Hearings a. An Ordinance Amending Chapter 11 of the City Code of Ordinances Relating to Taproom Sunday Sales —This item was first read on June 9, 2014; published in the official newspaper on June 19, 2014; and is offered this evening for second reading and Public Hearing. Requested Council Action: —Motion to open Public Hearing. —Take public input. —Motion to close Public Hearing. —Motion to adopt ordinance. CITY COUNCIL AGENDA -3- July 14, 2014 b. Resolution Vacating Drainage and Utility Easements within Lot 1, Block 1, BM MAR SECOND ADDITION (LUTHER HONDA SITE) —This item was published in the official newspaper on June 26, 2014, and is offered this evening for Public Hearing. Requested Council Action: —Motion to open Public Hearing. —Take public input. —Motion to close Public Hearing. —Motion to adopt resolution. 9. Planning Commission Items a.Planning Commission Application No. 2014-011 Submitted by Farmers Market LLC Requesting Approval of a Minor Amendment to a Planned Unit Development (MaxSun-Sun Foods PUD) — 6350 Brooklyn Boulevard 1. Resolution Regarding the Disposition of Planning Commission Application No. 2014-011 Submitted by Farmers Market, LLC (in conjunction with BCK Enterprises, LLC) for a Minor Amendment to the Maxsun/Sun Foods Planned Unit Development (6300-6350 Brooklyn Boulevard) Requested Council Action: —Motion to adopt resolution. b.Planning Commission Application No. 2014-012 Submitted by Spiritual Life Ministries Requesting a Special Use Permit to Operate a Group Day Care Facility, Located at 6865 Shingle Creek Parkway 1. Resolution Regarding the Disposition of Planning Commission Application No. 2014-012 Submitted by Spiritual Life Ministries for a Special Use Permit to Operate a Group Day Care Facility in the Cl (Service/Office) District for the Property Located at 6865 Shingle Creek Parkway (Spiritual Life Church) 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.Mayoral Appointment of Member to Serve on Financial Commission Requested Council Action: —Motion to ratify Mayoral nomination. CITY COUNCIL AGENDA -4- July 14, 2014 c. Consideration of Type IV 6-Month Provisional Rental License for 1706 71 st 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. d. Consideration of Type IV 6-Month Provisional Rental License for 7169 Unity 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 5929 Lyndale Avenue North 1. Resolution Approving a Type IV Rental License for 5929 Lyndale 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 5912 Washburn Avenue North 1. Resolution Approving a Type IV Rental License for 5912 Washburn Avenue North Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Motion to adopt resolution. CITY COUNCIL AGENDA -5- July 14, 2014 g. Consideration of Type IV 6-Month Provisional Rental License for 5748 Humboldt Avenue North 1. Resolution Approving a Type IV Rental License for 5748 Humboldt Avenue North Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Motion to adopt resolution. h. An Ordinance Amending Ordinance No. 2012-04 Regarding Council Salaries for 2015-2016 Requested Council Action: —Motion to approve first reading and set second reading and Public Hearing for August 11, 2014. i. Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids, Improvement Project No. 2014-05, Water Treatment Plant Project Requested Council Action: —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 JUNE 23, 2014 CITY HALL — COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Pro Tem Dan Ryan at 6:00 p.m. ROLL CALL Mayor Pro Tem Dan Ryan and Councilmembers Carol Kleven, Kris Lawrence-Anderson, and Lin Myszkowski. Mayor Tim Willson was absent and excused. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, and Mary Mullen, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Kleven requested the following corrections to the June 9, 2014, Study Session minutes: Page 1, 3 rd paragraph Replace "requested discussion" with "commented" Page 1, 4th paragraph Replace "meting" with "meeting" Councilmember Myszkowski requested the following correction to the June 9, 2014, Study Session minutes: Page 5, 2 nd paragraph Replace "from" with "to" Councilmember Kleven requested clarification with regard to Regular Session Agenda Item 6b, Licenses, specifically licensing fees for newly licensed garbage haulers and the total number of garbage haulers in Brooklyn Center. City Manager Curt Boganey stated there are approximately 12 garbage haulers. He agreed to provide more information for the City Council in his Weekly Update. It was the majority consensus of the City Council to accept the corrections to the June 9, 2014, Study Session minutes. 06/23/14 -1- DRAFT MISCELLANEOUS Clear View Triangle Restriction Mayor Pro Tern Ryan stated the home at 6301 Brooklyn Boulevard was recently made vacant due to a foreclosure. He said a sign on the property, near the corner of 63 rd Avenue and Brooklyn Boulevard, could be in violation of the City's "clear view triangle" restriction. Mr. Boganey agreed to have City staff review the signage to determine whether it is a violation. He added the sign could remain on the property but in a different location. Active Living Hennepin County — City Council Updates Councilmember Kleven stated she recently attended an informational meeting for Hennepin County's Active Living program. She added she would like to include an Active Living update at future City Council meetings, to obtain feedback regarding what has been gained from involvement with Active Living. She added the City Council is interested in the work of Active Living Hennepin County, and hopes to gain insight into possible efforts that would position Brooklyn Center at the forefront of the Active Living movement. Mr. Boganey stated Active Living Hennepin County meets quarterly and covers new topics at each meeting. He added the Group's recent meeting was devoted to bicycle use. He noted City staff can provide a report to the City Council to highlight issues that were raised at the meeting. Councilmember Kleven agreed. 5700 June Avenue North — Backyard Elevation Mayor Pro Tern Ryan stated he had received a call from a resident at 5700 June Avenue North that a portion of their backyard is sinking, and currently there is an 18-24 inch depression. He added the resident has brought this issue to the attention of City staff. Mayor Pro Tem Ryan requested that City staff follow up with the resident. Mr. Boganey agreed to have City staff contact the resident this week. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS WATER TREATMENT PLANT — ENVIRONMENTAL SUSTAINABILITY OPTIONS UPDATE Mr. Boganey explained the purpose of this update, and introduced Public Works Director Steve Lillehaug. He invited Mr. Lillehaug to address the City Council. Mr. Lillehaug presented a review of environmental stability options for the City's new Water Treatment Plant, as requested by the City Council at its April 28, 2014, meeting. He added the options discussed by the City Council are stormwater use for irrigation on the site; solar panels; and a green roof element. Mr. Lillehaug stated, with regard to stormwater mitigation, rain gardens are included in the site design, and will absorb any rainfall event of 1.3 inches or less. He added the current design 06/23/14 -2- DRAFT meets the City's water quantity and quality regulations, as well as the regulations of the Shingle Creek Watershed District. Mr. Lillehaug stated further stormwater mitigation could include a re-use system, which would direct water into a storage tank for irrigation use on the site's landscaped areas. He added he believes this option is feasible, but the benefit is negligible, as the storage area would need to be very large to be cost-effective. It was the majority consensus of the City Council to reject the option of stormwater re-use for irrigation at the Water Treatment Plant site. Mr. Lillehaug stated, with regard to the use of solar panels, City staff reviewed potential locations for solar panel additions, and determined the structural design of the building would be adequate. He added installation costs for solar technology could run up to $700,000. He noted solar energy on the site would represent an annual savings of $7,000, with an estimated payback period of 100 years. Mr. Lillehaug recommended that the City consider future implementation, but not pursue solar technology at this time. Councilmember Kleven stated the savings is not significant enough. Councilmember Myszkowski expressed her frustration that the implementation of environmental sustainability measures is so cost-prohibitive, as such innovative design could be inspirational to residents as well as other communities. Councilmember Lawrence-Anderson stated she initially suggested the possibility of using solar panels on the new plant, but agreed that it is not financially sensible. She expressed her appreciation of City staffs research on this issue. It was the majority consensus of the City Council to reject the option of solar panel additions for the new Water Treatment Plant. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Mayor Pro Tem Ryan adjourned the Study Session to Informal Open Forum at 6:45 p.m. RECONVENE STUDY SESSION Mayor Pro Tem Ryan reconvened the Study Session at 6:47 p.m. WATER TREATMENT PLANT - ENVIRONMENTAL SUSTAINABILITY OPTIONS UPDATE - continued Mr. Lillehaug stated, with regard to green roof consideration, an additional stormwater mitigation component is not necessary on the site, although a green roof would be a unique and 06/23/14 -3- DRAFT interesting feature. He added parts of the building would need to be redesigned to accommodate a green roof. Mr. Boganey stated that any energy cost savings would be offset by the increase in annual maintenance costs. Mr. Lillehaug agreed. Councilmember Lawrence-Anderson stated she would like to see something special and unique included in the water treatment plant design, and a green roof with community gardens would be very appealing. She added she supports the idea of a green roof, but agreed that further discussion is required. Councilmember Myszkowski stated she is not opposed to the green roof concept, as it would help reduce cooling costs within the building, as well as reducing heat generated by the building. She added a green roof on the new building would give the City something that is different, and increases Brooklyn Center's reputation as progressive in taking actions that are not considered by other municipalities. She noted she will defer to the experts, but would like to keep the discussion open. Mayor Pro Tem Ryan stated he is concerned about a green space on a flat roof, which would be very heavy and potentially pose a risk to the structure. Mr. Lillehaug stated buildings with green roofs can be designed that are structurally sound, and with a protective coating under soil ballast. He added the Watershed District is interested in sponsoring a green roof demonstration project, and City staff has applied for its grants in the past. Councilmember Kleven stated the structure would have to be very strong to handle the weight created by water in the green space. Councilmember Lawrence-Anderson stated she supports the green roof consideration, but a decision should be postponed until Mayor Willson was present. She added she thinks it is reasonable to include a green element that would be a special feature of which the community can be proud. She noted the annual maintenance costs might be reduced or deferred by involving another organization willing to take responsibility. Discussion of this item continued and reached conclusion at the June 23, 2014, Work Session. ADJOURNMENT Mayor Pro Tern Ryan adjourned the Study Session at 6:58 p.m. 06/23/14 -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 JUNE 23, 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 Pro Tern Dan Ryan at 6:45 p.m. ROLL CALL Mayor Pro Tem Dan Ryan and Councilmembers Carol Kleven, Kris Lawrence-Anderson, and Lin Myszkowski. Mayor Tim Willson was absent and excused. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Planning and Zoning Specialist Tim Benetti, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Mary Mullen, TimeSaver Off Site Secretarial, Inc. Mayor Pro Tem Ryan opened the meeting for the purpose of Informal Open Forum. No one wished to address the City Council. Councilmember Kleven moved and Councilmember Lawrence-Anderson seconded to close the Informal Open Forum at 6:46 p.m. Motion passed unanimously. 2.INVOCATION Councilmember Lawrence-Anderson gave a brief history of Earle Brown Heritage Center, in preparation for Earle Brown Days Festival to be held June 26-28, 2014. 3.CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Pro Tem Dan Ryan at 7:00 p.m. 4.ROLL CALL 06/23/14 -1- DRAFT Mayor Pro Tern Dan Ryan and Councilmembers Carol Kleven, Kris Lawrence-Anderson, and Lin Myszkowski. Mayor Tim Willson was absent and excused. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Planning and Zoning Specialist Tim Benetti, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, 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 Kleven seconded to approve the Agenda and Consent Agenda, as amended, with amendments to the Study Session minutes of June 9, 2014, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1.June 3,2014 — Joint Work Session with Financial Commission 2.June 9,2014 — Study/Work Session 3.June 9,2014 — Regular Session 6b. LICENSES GARBAGE HAULER Allied Waste Services of North America LLC Aspen Waste Systems, Inc. Curbside Waste Darling International, Inc. Dick's Sanitation Services, Inc. Walz Brothers Sanitation P.O. Box 39, Circle Pines 2951 Weeks Avenue SE, Minneapolis 4465 Trenton Lane, Plymouth 9000 382 nd Avenue, Blue Earth 8984 215 th Street West, Lakeville P.O. Box 627, Maple Grove LIQUOR — ON-SALE 3.2 PERCENT MALT LIQUOR Evergreen Park 7112 Bryant Avenue N MECHANICAL Avid Heating and Cooling, Inc. Knight Heating & A/C Steven's Drilling & Env. Services Residential Heating & Air River City Plumbing Total Comfort Wenel Services, Inc. RENTAL 7700 County Road 110 W, Minnetrista 13535 89th Street NE, Otsego 6240 Highway 12 W, Maple Plain 1815 W 41 st Street, Minneapolis 8290 Main Street NE, Fridley 4000 Winnetka Avenue N, New Hope 8148 Pillsbury Avenue S, Bloomington 06/23/14 -2- DRAFT 8.PUBLIC HEARINGS 8a. RESOLUTION NO. 2014-83 VACATING CERTAIN EASEMENTS WITHIN LOT 1, BLOCK 1, SHINGLE CREEK CROSSING 3 RD ADDITION, HENNEPIN COUNTY, MINNESOTA Public Works Director/City Engineer Steve Lillehaug introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Kleven moved and Councilmember Myszkowski seconded to open the Public Hearing. Motion passed unanimously. There were no comments. Councilmember Lawrence-Anderson moved and Councilmember Kleven seconded to close the Public Hearing. Motion passed unanimously. Councilmember Lawrence-Anderson moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2014-83 Vacating Certain Easements within Lot 1, Block 1, SHINGLE CREEK CROSSING 3 RD ADDITION, Hennepin County, Minnesota. Motion passed unanimously. 9.PLANNING COMMISSION ITEMS 9a. PLANNING COMMISSION APPLICATION NO. 2014-010 SUBMITTED BY GATLIN DEVELOPMENT COMPANY. REQUEST FOR SITE AND BUILDING PLAN APPROVAL FOR PROPOSED BUILDING B WITHIN THE SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT ADDRESSED 1480 SHINGLE CREEK CROSSING Planning and Zoning Specialist Tim Benetti provided an overview of Planning Commission Application No. 2014-010 and advised the Planning Commission recommended approval of this application at its June 12, 2014, meeting. Mr. Benetti answered questions of the City Council regarding the request for site and building plan approval for Proposed Building B. 1. RESOLUTION NO. 2014-84 REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2014-010 SUBMITTED BY GATLIN DEVELOPMENT COMPANY, APPROVING THE SITE AND BUILDING PLAN FOR PROPOSED BUILDING B WITHIN THE 06/23/14 -4- DRAFT SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT (1480 SHINGLE CREEK CROSSING) Councilmember Kleven moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2014-84 Regarding the Disposition of Planning Commission Application No. 2014-010 Submitted by Gatlin Development Company, Approving the Site and Building Plan for Proposed Building B Within the Shingle Creek Crossing Planning Unit Development (1480 Shingle Creek Crossing). Motion passed unanimously. 10.COUNCIL CONSIDERATION ITEMS -None. 11.COUNCIL REPORT Councilmember Kleven reported on her attendance at the following and provided infoimation on the following upcoming events: •June 10, 2014, Northport Park Neighborhood meeting •June 11, 2014, 5 th Grade Graduation Celebration at Earle Brown Elementary School •June 12, 2014, Annual Legislative Luncheon •June 16, 2014, Active Living Hennepin County Partnership Breakfast •June 17, 2014, Distributed Welcome Packets to new residents •June 20, 2014, Collected books for the Crime Prevention Book Drive •June 20, 2014, Dudley Classic Softball Tournament - relocated to Evergreen Park due to flooding in Centennial Park •June 21, 2014, Community Youth Festival at Cross of Glory Church •A Farmer's Market is held every Thursday from 2-7 p.m. at 72 nd Avenue North and Brooklyn Boulevard, across from United Methodist Church. Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: •June 10, 2014, Earle Brown Days Committee meeting •June 10, 2014, Northport Park Neighborhood meeting •June 10, 2014, Park and Recreation Commission meeting •June 16, 2014, Community Notification meeting for Level 3 sex offender •June 17, 2014, Earle Brown Days Meeting •June 18, 2014, CEAP Executive Committee meeting Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: •June 10, 2014, Earle Brown Days Committee meeting •June 10, 2014, Northport Park Neighborhood Meeting •June 12, 2014, Session 5 of FBI Citizen's Academy •June 19, 6 th and final session of FBI Citizen's Academy 06/23/14 -5- DRAFT •June 26, 2014, FBI Citizen's Academy Graduation Ceremony and Dinner •June 26, 2014, Brooklyn Center Business Association luncheon Mayor Pro Tern Ryan reported on his attendance at the following and provided information on the following upcoming events: •June 10, 2014, Northport Park Neighborhood meeting •June 12, 2014, visited mural site of Mentoring Peace Through Art program — local teens completing a mural of their own design on the highway wall facing Earle Brown Elementary School •June 21, 2014, Dudley Softball Tournament at Evergreen Park •June 24, 2014, Multicultural Advisory Committee meeting at Police Department •June 26, 2014, Earle Brown Days Parade, starting at 6:30 p.m., from 59 th Avenue N. to 69 th Avenue N. on Dupont Avenue N. •June 27, 2014, Panda Express Ribbon Cutting and Grand Opening •July 2, 2014, meeting with U.S. Representative Keith Ellison 12. ADJOURNMENT Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded adjournment of the City Council meeting at 7:24 p.m. Motion passed unanimously. 06/23/14 -6- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION JUNE 23, 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 Pro Tern Dan Ryan at 7:25 p.m. ROLL CALL Mayor/President Pro Tern Dan Ryan and Councilmembers/Commissioners Carol Kleven, Kris Lawrence-Anderson, and Lin Myszkowski. Mayor/President Tim Willson was absent and excused. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Assistant City Manager/Director of Building & Community Standards Vickie Schleuning, and Mary Mullen, TimeSaver Off Site Secretarial, Inc. WATER TREATMENT PLANT - ENVIRONMENTAL SUSTAINABILITY OPTIONS UPDATE (Continued from Study Session) Councilmember/Commissioner Myszkowski thanked Mr. Lillehaug and the Public Works Department for incorporating sustainability into the new water treatment plant design. She added the new structure will be an important place in the community for years to come. She asked whether further consideration on the sustainability options can wait until the City Council/EDA' s next meeting, when Mayor/President Tim Willson is present. City Manager Curt Boganey confirmed this, and added the project timeline will just be extended by a few weeks. He noted the project construction process will still be underway yet this fall. Councilmember/Commissioner Ryan stated Mayor/President Willson should be included in the decision, to obtain his opinion on the two options rejected by the City Council at the Study Session. The majority consensus of the City Council/EDA was to postpone further consideration on environmental sustainability options for the City's new Water Treatment Plant. 06/23/14 -1- DRAFT ADJOURNMENT Councilmember/Commissioner Lawrence-Anderson moved and Councilmember/Commissioner Kleven seconded adjournment of the City Council/Economic Development Authority Work Session at 7:30 p.m. Motion passed unanimously. 06/23/14 -2- DRAFT nZ,11.4:i41 _ City Council Agenda Item No. 6b COUNCIL ITEM MEMORANDUM DATE: July 8, 2014 TO: Curt Boganey, City Manager FROM: Maria Rosenbaum, Deputy City Cler SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses on July 14, 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. AMUSEMENT DEVICES Dandy Amusements International Inc. Mendota Valley Amusements, Inc. Metro Coin of Minnesota Theisen Vending Company GARBAGE HAULER Ace Solid Waste, Inc. Budget Waste Systems, Inc. Jate Mies, Inc. LePage & Sons, Inc. Midwest Grease Randy's Sanitation, Inc. SANIMAX USA, Inc. T & L Sanitation Service Walter Recycling & Refuse Waste Management — Blaine MECHANCIAL Bedrock HVAC Cashion HVAC Services Commercial Plumbing & Heating Ideal Refrigeration Equipment, Inc. Mike's Custom Mechanical 6420 Camden Ave N 6845 Shingle Creek Parkway 6110 Brooklyn Blvd 6301 Shingle Creek Parkway 2105 57 th Ave N 6211 Brooklyn Blvd 6601 McKinley Street NW, Ramsey 3516 East Lake Street, Minneapolis 11365 Xeon Street NW, Coon Rapids 23602 University Ave NW, Bethel P.O. Box 26, Redwood Falls P.O. Box 169, Delano 505 Hardman Avenue, South St. Paul P.O. Box 49695, Blaine P.O. Box 67, Circle Pines 10050 Naples Street NE, Blaine 15401 Brockton Lane, Dayton 4148 Jansen Avenue NE, St. Michael 24428 Greenway Avenue, Forest Lake 4046 Brookside Avenue S, St. Louis Park 8401 73 111 Ave N, Brooklyn Park 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 MECHANCIAL - CONTINUED North Country Aire Ray Welter Htg Co St. Marie Sheet Metal Sunburst Heating and Air Conditioning Snelling Heating, Cooling & Electrical RENTAL See attached report. 29617 River Ridge Road NW, Isanti 4637 Chicago Avenue S, Minneapolis 7940 Spring Lake Pk Rd, Spring Lake Park 1556 Oakway, Wayzata 1400 Concordia Avenue, St. Paul Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Rental License Category Criteria Policy — Adopted by City Council 03-08-10 Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit 0-11-2 unitsType I — 3 Year 3+ units 0-0.75 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 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 License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) Budget Issues: There are no budget issues to consider. • • •• Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for people and preserves the public trust Property Address Dwelling Type Renewal or Initial Owner Property Code Violations License Type Police CFS * Final License Type ** Previous License Type *** 1300 68th Ln N Single Family Initial Grant Osgood 4 II N/A II 1606 72nd Ave N Single Family Initial Donald McGuire 2 II N/A II 5834 Camden Ave N Single Family Initial RHA 3, LLC 7 III N/A III 7031 Humboldt Ave N Single Family Initial Invitation Homes 0 II N/A II 4207 Lakeside Ave N #221 Single Family Initial Susan Dau 3 II N/A II 4207 Lakeside Ave N #339 Single Family Initial Madeline Greiner 3 II N/A II 1302 69th Ave N Carrington Dr Apts 4 Bldg 128 Units Renewal Myra Chazin 228 1.78/Unit III 7 .05/Unit III I 5412 Fremont Ave N Two Family (1)Renewal Gary Anakkala 1 I 0 I II 5909 June Ave N Two Family (1)Renewal Janine Atchison 0 I 0 I I 5306 Russell Ave N Two Family (1)Renewal Donna Reinarz 4 II 0 II II 3815 52nd Ave N Single Family Renewal Jeffrey Sandberg 6 III 0 III II 3313 63rd Ave N Single Family Renewal Yuan Xiong 4 II 0 II I 6930 Dallas Rd Single Family Renewal Sally Anderson 1 I 0 I III 5111 Drew Ave N Single Family Renewal Kin Chew 3 II 0 II IV 5707 Emerson Ave N Single Family Renewal Lois Frost 4 II 0 II I 5742 Emerson Ave N Single Family Renewal Joseph Faust 1 I 0 I II 5931 Halifax Pl Single Family Renewal Jerilou Wiedmeyer 5 III 0 III II 5444 Humboldt Ave N Single Family Renewal Melanie Boes 2 II 0 II II 5600 Judy Ln Single Family Renewal Nita Morlock 1 I 0 I III 4207 Lakeside Ave #140 Single Family Renewal Joseph Drechsler 5 III 0 III II 4207 Lakeside Ave #320 Single Family Renewal Heinz Pollinger 5 III 0 III I 5720 Logan Ave N Single Family Renewal Jeniffer Kuria Did not meet plan requirements; missing CPTED follow up 3 II 0 III III 5740 Logan Ave N Single Family Renewal Lin Shuang LLC 4 II 0 II I 2812 O'Henry Rd Single Family Renewal Mains'l Properties 6 III 0 III I Rental Licenses for Council Approval on July 14, 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 July 14, 2014 6907 Quail Ave N Single Family Renewal Tony & Carmen Holder Did not meet plan requirements; missing CPTED follow up 4 II 0 III III 6637 Xerxes Pl N Single Family Renewal Doulgas Finch 0 I 0 I I * 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 No. 6c COUNCIL ITEM MEMORANDUM DATE: July 7, 2014 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Resolution Appointing Additional Election Judges Recommendation: It is recommended that the City Council consider adoption of a Resolution Appointing Additional Election Judges. Background: Minnesota Statutes, Section 204B.21, subd 2, requires election judges be appointed by the governing body at least 25 days before the election at which the election judges will serve. A resolution is included that lists additional individuals who have applied to serve as an election judge for the 2014 elections. Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPOINTING ADDITIONAL ELECTION JUDGES WHEREAS, a State Primary Election will be held August 12, 2014, and a State General Election will be held November 4, 2014; and WHEREAS, Minn. Stat. 204B.21, subd 2, requires that persons serving as election judges be appointed by the City Council at least 25 days before the election at which the election judges will serve, except that the City Council may appoint additional election judges within the 25 days before the election if the City Council determines that additional election judges will be required. BE IT RESOLVED by the City Council of the City of Brooklyn Center that the individuals named below and on file in the office of the City Clerk be appointed to perform the duties of election judge. BE IT FURTHER RESOLVED that the City Clerk is with this, authorized to make any substitutions or additions as deemed necessary. Linda Evensen Thomas Schommer Kathryn Worre July 14, 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. 61:1 COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk &MA_ DATE: July 7, 2014 SUBJECT: Application and Permit for Temporary On-Sale Liquor License Submitted by Miracle Empowerment Center, 5801 John Martin Drive, for a Social Event to be Held August 29 and 30, 2014 Recommendation: It is recommended that the City Council consider approval of the application and permit for temporary on-sale liquor license submitted by Miracle Empowerment Center, 5801 John Martin Drive, for a social event to be held August 29 and 30, 2014. Background: Miracle Empowerment Center, 5801 John Martin Drive, has submitted an application and permit for temporary on-sale liquor license for a social event to be held August 29 and 30, 2014. The applicant has satisfied the City's requirements, submitted the $25 fee for each day of the license, along with a certificate of coverage for liquor liability insurance, and has existed as a non-profit organization for at least three years. The application and accompanying documentation has been forwarded to the Police Department for review to discuss parking, safety, and security issues. After Council review, the application and permit will be forwarded to the Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division for approval. City Ordinance Section 11-107 (6) Temporary On-Sale Intoxicating Liquor License. This license may be issued only upon receiving the approval from the Commissioner of Public Safety. The license may be issued only in connection with a social event within the city that is sponsored by a club or charitable, religious, or other nonprofit organization that has existed for at least three years or to a brewer who manufactures fewer than 3,500 barrels of malt liquor in a year. The license may authorize the sale of intoxicating liquor to be consumed on the Premises for not more than three consecutive days, and the City shall issue no more than twelve days' worth of temporary licenses to any one organization or for any one location within a 12-month period. The temporary license may authorize the sale of intoxicating liquor, to be consumed on Premises other than Premises the licensee owns or permanently occupies. The temporary license may provide that the licensee may contract for intoxicating liquor catering services with the holder of an On-Sale Intoxicating Liquor License issued by any municipality. Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Tax exempt numberDate organized m"7 State sq "2-7 3.1i4 Iip Code Type of organization D Club D Charitable D Religious fl Other non-profit City • State . Zip_Organization officer's name Location where permit will be used. If xlilloor area, describe. kiv 5 t Name of organization I rY■ c47 Address City637) / Name of person making ap licationfe . Business phone 6(t, Home phone .G.S3 -z -05-94 Date(s) of e ent aci qind 30 i Minnesota Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division 444 Cedar Street, Suite 222, St. Paul, MN 55101 651-201-7500 Fax 651-297-5259 TTY 651-282-6555 APPLICATION AND PERMIT FOR A 1 DAY TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE MINNESOTA DEPARTMENT OF PUBLIC SAKEre ' Alcohol Gambling Enforcement If the applicant will contract for intoxicating liquor service give the name and address of the liquor license providing the service. Ifthe applicant will carry liquor liability insurance please provide the carrier's name and amount of coverage. APPROVAL APPLICATION MUST BE APPROVED BY CIT1' OR COUN1Y BEFORE SUBMITTING TO ALCOHOL AND GAMBLING ENFORCEMENT City/County Date Approved City Fee Amount Permit Date Date Fee Paid Signature CityCity Clerk or County Official Approved Director Alcohol and Gambling Enforcement NOTE: Submit this form to the city or county 30 days prior to event. Forward application signed by city and/or county to the address above. If the application is approved the Alcohol and Gambling Enforcement Division will return this application to be used as the permit for the event. Page 1 of 1 City of Brooklyn Center 6301 Shingle Creek Pkwy 55430-2199 A tAl D (763) 569-3300 Account No. 10100-4201 Temporary On-Sale Liquor License Application Addendum License Fee of $25 per day must be submitted to City Clerk with application Temporary Liquor License Fees are Non-Refundable Application Must Be Submitted 55 Days Prior to Event; City Council Approval Required Pursuant to City Code Section 11-107, Subdivision 6: The license may be issued only in connection with a social event within the city that is sponsored by a club or charitable, religious, or other nonprofit organization that has existed for at least three years. Information on Contact Person: Name: • (First, Mi dle, and Last) Address: -7 7 0 ,3 (V( (Street, City, aVd. Zip Code) -7 1)3 z_, (Home TelephoneNumber) Information on Event: Name of Event: LuCIA)".A. 3 6 17,0 cf Location of Event: ( rp' B 6,1 kr„,,67 (Street, City, and Zip Code) Dates (s and Time (s of Event D ate ,, ' r r Star t liV.:4.4 .E nd ine of even Day 1 ab, ei3O14-- 3 O /1 j,From:7.a.m./p.m.To:E a.m./p.m. Day 2 4LA_ ,\• AL- 0 ci d , ...,'--- t From:a.m./p.m. a.m./p.m. To: To:? I ,<.Z. a.m./p.m. a.m./p.m.Day 3 / f.- 1-; L From: Day 4 From:a.m./p.m.To:a.m./p.m. Security for Event (explain in detail how you will ensure no underage sales or consumption, how the area will be secured, i.e. by fence, rope, barricade) k;,-\ t (NA) -kfe,cL c aCTD-r- T.7) exvt kJe- ti((( kad bv\ / Insurance li.equirement: Brooklyn Center requires proof of $300,000 dram shop liquor liability P insurance with the City of Brooklyn Center named as an additional insured. This should be in the form WC A of a certificate of insurance. However, if your event is being held on City property, such as a City park, you are required to have proof of $500,000 dram shop liq -uor liability insurance with the City of Brooklyn Center named as an additional insured. Information is collected to determine eligibility for license. Failure to provide information requested ma:y result in denial of application. (Work Telephone Number) Signature: City Council Agenda Item No. 6e COUNCIL ITEM MEMORANDUM DATE: TO: FROM: SUBJECT: July 7, 2014 Curt Boganey, City Manager Sharon Knutson, City Clerk Applications and Permits for Temporary On-Sale Liquor Licenses Submitted by City of Lakes Nordic Ski Foundation for Events to be Held at Surly Brewing Company, 4811 Dusharme Drive, Brooklyn Center, on September 20, 2014, and October 25, 2014 Recommendation: It is recommended that the City Council consider approval of the applications and permits for temporary on-sale liquor licenses submitted by City of Lakes Nordic Ski Foundation for events to be held at Surly Brewing Company, 4811 Dusharme Drive, on September 20, 2014, and October 25, 2014. Background: City of Lakes Nordic Ski Foundation has submitted applications and permits for temporary on- sale liquor licenses for events to be held at Surly Brewing Company, 4811 Dusharme Drive, on September 20, 2014, and October 25, 2014. The applicant has satisfied the City's requirements, submitted the $25 fee for each day of the license, along with a certificate of coverage for liquor liability insurance, and has existed as a non-profit organization for at least three years. The applicant will meet with the Police Department to review and discuss parking, safety, and security issues. After Council review, the application and permit will be forwarded to the Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division for approval. City Ordinance Section 11-107 (6) Temporary On-Sale Intoxicating Liquor License. This license may be issued only upon receiving the approval from the Commissioner of Public Safety. The license may be issued only in connection with a social event within the city that is sponsored by a club or charitable, religious, or other nonprofit organization that has existed for at least three years or to a brewer who manufactures fewer than 3,500 barrels of malt liquor in a year. The license may authorize the sale of intoxicating liquor to be consumed on the Premises for not more than three consecutive days, and the City shall issue no more than twelve days' worth of temporary licenses to any one organization or for any one location within a 12-month period. The temporary license may authorize the sale of intoxicating liquor to be consumed on Premises other than Premises the licensee owns or permanently occupies. The temporary license may provide that the licensee may contract for intoxicating liquor catering services with the holder of an On-Sale Intoxicating Liquor License issued by any municipality. Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Minnesota Department of Public Safety ALCOHOL AND GAMBLING ENFORCEMENT DIVISION 444 Cedar Street Suite 222, St. Paul MN 55101-5133 (651) 201-7507 Fax (651) 297-5259 TTY (651) 282-6555 WWW.DPS.STATE.MN.US APPLICATION AND PERMIT FOR A 1 TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE TYPE OR PRINT INFORMATION MAME OF '-,,- STR1 )i (11,RGANIZA:110N , "\ , , 'i alit. k011i (‘, \ VA 0 AkiiD1 DATE ORGANIZED 'A'-3 -2 CITY 1,Atv'ks TAX EXEMPT NUMBER LI 5--. 3 2)-6 C)-- E T ADDRESS \ 77 (-) -1/V.•0 _.,0 -tiO_ 1 . , q tall Pv_AWi STATEtilx ZIP CODE NAME OF PERSPIN MAKING APPLICATION (All It(\ V /‘ \U\OC UV' A.Q.C. 1 NV , BUSINESS PHONE (In) 60L:'7-7/-7 -( HOME PHONE . (IP 1 ;1 5.--g 6 -7 6 DATES LIQUOR WILL BE SOLD /To i .,...i I TYPE OF ORGANIZATION CLUB CHARITCBLE RELIGIOUS OTHER NONPROFIT O GrANIZ TION OFFICER'S/NAME /(.( 11.1/427 tYs' ,C1.) G ADDRESS '5S.. CIck.kdat c_L, lite, (NC c::;-_-; ORGANIZATION OFFICER'S NAIIIE ADDRESS ,7---A 1 u./il (WSi ' 1 / kt, 1 ilk' (c- ORGANIZATION OFFICER'S NAME 1 0 —2-0(- ADDRESS quo 1 . 'Jou/4 f.. L N. . S-(--:"-Dctuj kovion lic- ive wil be used. If loutdoor are , 1r 'D IA,\ cu liliAs is_ . (.i .•-• ) . um ) \ VV. X. 0 Q/14 (Oi --r (q 1/WCUT1e/VL CANO WV ‘-diV.Q fakW i\i". LI 4 CyL0-4-)) Nnk.h(-0 t( Le( (ki S-R_ CLUA 6-k,f0 c-M(4. Od wa. Wil the applicant cont .ctVo ' n for intoxicating _liquor ervicq If soiSve th- re and address of ti liquor licensee providina the service. ( A i A kt.) op ' I 1 0' (m , tr f\&\{ \\ A , O÷ --:1-AV _MU , 6 Will th'h applicant cany9quor liability insurance? If so, please provide the carrier's name and amount of coverage. e .Y APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL & GAMBLING ENFORCEMENT CITY/COUNTY DATE APPROVED CITY FEE AMOUNT • LICENSE DATES DATE FEB PAID SIGNATURE CITY CLERK OR COUNTY OFFICIAL APPROVED DIRECTOR ALCOHOL AND GAMBLING ENFORCEMENT NOTE: Submit this form to the city or county 30 days prior to event. Forward application signed by city and/or county to the address above. If the application is approved the Alcohol and Gambling Enforcement Division will return this application to be used as the License for the event PS-09079 (12/09) City of Brooklyn Center 6301 Shingle Creek Pkwy 55430-2199 (763) 569-3300 Account No. 10100-4201 Temporary On-Sale Liquor License Application Addendum License Fee of $25 per day must be submitted to City Clerk with application Temporary Liquor License Fees are Non-Refundable Application Must Be Submitted 55 Days Prior to Event; City Council Approval Required Pursuant to City Code Section 11-107, Subdivision 6: The license may be issued only in connection with a social event within the city that is sponsored by a club or charitable, religious, or other nonprofit organization that has existed for at least three years. Information on Contact Person: Name: • (First, Middle, and Last) Address: 3t'S-1i Q fltJ -6-101 (Street, ity, and Zip Code)\j oitt‘ \AN (01'7.2,51- Mo (Home Telephone Number) Information on Event: Name of Event: 4/06 Location of Event: ( e t aAki (VA: - (Work Telephone Number) 6ovivut_ -16c irvw Date .Start time of event . _.End time of event Day I From: -, .ni)./p.m.To: a.m./ .1 ....._ Day 2 From: a.m./p.m.To: a.m./p.m. Day 3 From: a.m./p.m.To: a.m./p.m. Day 4 From: a.rnip.m.To: - a.m./p.m. Security for Event (explain in detail how you will ensure no underage sales or consumption, how the area will be secured, i.e. byrtence, rope, barricade) A1elkiiJ 00 Aik7Ark VAAAE+ th cd) W() wa. 0 a, --tkokA r()A ‘1W (fvf-v0A eun 00+s 0 r .1-ard ay. AIL--tvvi Insurance Requirement: Brooklyn Center requires proof of $300,000 dram shop liquor liability insurance with the City of &Tooklyn Center named as an additional insured. This should be in the form of a certificate of insurance. However, if your event is being held on City property, such as a City park, you are required to have proof of $500,000 dram shop liquor liability insurance with the City of Brooklyn Center named as an additional insured. Information is collected to determine eligibility for license. Failure to provide information requested may result in denial of application. Signature: Date: 1,1? Minnesota Department of Public Safety ALCOHOL AND GAMBLING ENFORCEMENT DIVISION 444 Cedar Street Suite 222, St. Paul MN 55101-5133 (651) 201-7507 Fax (651) 297-5259 TTY (651) 282-6555 WWW.DPS.STATENIN.US APPLICATION AND PERMIT FOR A 1 TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE TYPE OR PRINT INFORMATION NAME OF 1yRGA.NIZAITIeN , .4 i i' 4 &CU.-41.S UWAJ r Dkk »\j4k.3:1;Y_ DATE ORGANIZED --kay-2., TAX EXEMPT NUMBER LAI Li c 3?') STRE4T ADDRESS I, 'k -2,C) '11.(1 CAIWQ W\ a k Woy cyr ' .ph\ STATEAI ZIP CODE NA IE OF PERM MAKING APPLICATION c, •c. C) trI trI. V V t U A 4 cAr 0,-kei, i BUSINESS PHONEciz Go+. 25-31 RELIGIOUS HOME PHONE6ra tr)7) ' .---4, 14 OTHER NONPROFIT DATES LIQUOR WILL BE SOLD (.0 /,7 sl 1 ,4 TYPE OF ORGANIZATION CLUB CHAR11693LE ORCfkNIZATION OFFICER'S NAME14 9NA14-- b(Opc-1_ ADDRESS ' • 1 I '1 I-;L-;- q AA-6 (W) _. ki(4& 0 GANIZATION OFFICER'S(g) -5 I N AME ) \ ADDRESS 0:-.26 I J 1 Lii. i --I. .....--- " --1)- _S-7- V1t H s-1-43e ORGANIZATION OFFIC RS NAME •V-)A Va.-2,0r L ADDRESS 00 ---rp U,'. ,,t --r 0 . aL - ku-LA Location license will be used. If an outdoor area (LI ' 3 t \I\ C - 1-.. describe \ ( bkitsh _. in — One -1 e_,U ' 6Ct•lit ' rkUutii . I A i --11\Q •tud.t.ki ‘o-1-;---- L 1-h A ' 0 ( C.M*YbkieJ. ooncl al-Mt vir0 Tj/y\-4 04 gm -kyvv_:. will the applicant contract, for intoxicating_liquorsentiie? i 9 t C aArkTt (;(I1ACI Ifi so, gi\te.the )C,L14(3.. .-2)--v(ktiki.A• name and addreswf the lignorlicensee providing the service.OA i it vie b . k_ii (I -..6.-, efT,tmA.1\m, aA ----tvw Will the pplicant can-Amor liability insurance? If so, please provide the carrier's name and amount of coverage.e ' APPLICATION MUST BE APPROVED BY CITY OR COUNTY CITY/COUNTY APPROVAL ENFORCEMENT BEFORE SUBMITTING DATE APPROVED LICENSE DATES TO ALCOHOL & GAMBLING CITY FEE AMOUNT DATE FEE PAID SIGNATURE CITY CLERK OR COUNTY OFFICIAL APPROVED DIRECTOR ALCOHOL AND GAMBLING ENFORCEMENT NOTE: Submit this form to the city or county 30 days prior to event. Forward application signed by city and/or county to the address above. If the application is approved the Alcohol and Gambling Enforcement Division will return this application to be used as the License for the event PS-09079 (12/09) (Home Telephone Number) Information on Event: Name of Event: Location of Event: (Work Telephone Number) (Street, ity, and Zip Co VOQ 2-9 Date: may result in denial of application. Signature.' i City of Brooklyn Center 6301 Shingle Creek Pkwy 55430-2199 (763) 569-3300 Account No. 10100-4201 Temporary On-Sale Liquor License Application Addendum License Fee of $25 per day must be submitted to City Clerk with application Temporary Liquor License Fees are Non-Refundable Application Must Be Submitted 55 Days Prior to Event; City Council Approval Required Pursuant to City Code Section 11-107, Subdivision 6: The license may be issued only in connection with a social event within the city that is sponsored by a club or charitable, religious, or other nonprofit organization that has existed for at least three years. Information on Contact Person: i\ Paw (First, M ddle, and Last)— Address: \S- 112-- (Street, City, and Zip Code) Name: e.nA ki 1:6122s(,10(,(26 Dates (s) and Time (s) of Event Date .Start time Of event ,End time of event — Day 1 '2 -S--t-V1 From:k nj 011p.m. a.m./p.m. To: To: c a.m./ .m)_.a.m. .m.Day 2 From: Day 3 From:_a.m./p.m.To:a.m./p.m. Day 4 From:a.m../p.m.To: -a.m./p.m. Security for Event (explain in detail how you will ensure no underage sales or consumption, how the, vfr)area will be secured, i.e. by _nce, rope, barricadel/a/M Jr v ILLS\ *VIA) Qa-vi Y1-6 3+(1,-4 6 -14A0 uvci tpt +1,721VY (.7‘ kuos--c-,61(\d ..d-i \\,-)uyus covt O Y aivt O1 0,--(1 1 -€.6/ Ckt 61/M-4(9 a Insurance Requirement: Brooklyn Center requires proof of $300,000 dram shop liquor liability insurance with the City of Brooklyn Center nanied as an additional insured. This should be in the form of a certificate of insurance. However, if your event is being held on City property, such as a City park, you are required to have proof of $500,000 dram shop liquor liability insurance with the City of Brooklyn Center named as an additional insured. Information is collected to determine eligibility for license. Failure to provide information requested City Council Agenda item No. 6f COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk DATE: July 7, 2014 SUBJECT: Application and Permit for Temporary On-Sale Liquor License Submitted by St. Alphonsus Church, 7025 Halifax Avenue North, for a Social Event to be Held July 18-20, 2014 Recommendation: It is recommended that the City Council consider approval of the application and permit for temporary on-sale liquor license submitted by St. Alphonsus Church, 7025 Halifax Avenue North, for a social event to be held July 18-20, 2014. Background: St. Alphonsus Church, 7025 Halifax Avenue North, has submitted an application and pefinit for temporary on-sale liquor license for a social event to be held July 18-20, 2014. The applicant has satisfied the City's requirements, submitted the $25 fee for each day of the license, along with a certificate of coverage for liquor liability insurance, and has existed as a religious organization for at least three years. After Council review, the application and permit will be forwarded to the Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division for approval. City Ordinance Section 11-107 (6) Temporary On-Sale Intoxicating Liquor License. This license may be issued only upon receiving the approval from the Commissioner of Public Safety. The license may be issued only in connection with a social event within the city that is sponsored by a club or charitable, religious, or other nonprofit organization that has existed for at least three years or to a brewer who manufactures fewer than 3,500 barrels of malt liquor in a year. The license may authorize the sale of intoxicating liquor to be consumed on the Premises for not more than three consecutive days, and the City shall issue no more than twelve days' worth of temporary licenses to any one organization or for any one location within a 12-month period. The temporary license may authorize the sale of intoxicating liquor to be consumed on Premises other than Premises the licensee owns or permanently occupies. The temporary license may provide that the licensee may contract for intoxicating liquor catering services with the holder of an On-Sale Intoxicating Liquor License issued by any municipality. Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for people and preserves the public trust Alcohol « Gambling Enforcement PAOWttT.OFPWIA,tqi;dite" Date(s)of event irype L=.7 7// Organization officer's name Add New Officer igi -1e-r-AZei 0,12-z2 -22,6e .2e/VMinnesota Department of Public Safety Alcohol and Gambling Enforcement Division 444 Cedar Street, Suite 222, St. Paul, MN 55101 651-201-7500 Fax 651-297-5259 TTY 651-282-6555 APPLICATION AND PERMIT FOR A 1 DAY TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE Name of orgaktkphonaus parish 025 -Halifax Ave-Al Address Broold n C Date organized State Tax exempt number City c3,36,-)22/5 Zip Code [Minnesota Type of organization 17 Club fl Charitable Religious City State Name of person making application Business phone Home phoneI. r Other non-profit Zip Location where permit will be used. If an outdoor area, describe. 55-M yjMinnesota V,\I die }4-e,7o-cW L4a/Ldez)y, If the applicant will c6 ntract far intoxicating liquor service give the name and address of the liquor license providing the service. If the applicant will carry liquor liability insurance please provide the carrier's name and amount of coverage. eael rei6 '0.-Li/e' h( A6e-2). c 2 1 $5d0 660 ---a APPROVAL APPLICATION MUS:T,BE AITRQVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL AND GAMBLING ENFORCEMENT enbM tA,A $15 City Fee Apiount Permit Date ate Fee Paid Signature City Clerk or County Offi 'al Approved Director Alcohol and Gambling Enforcement NOTE: Submit this form to the city or county 30 days prior to event. Forward application signed by city and/or county to the address above. If the application is approved the Alcohol and Gambling Enforcement Division will return this application to be used as the permit for the event. Date Approved Page 1 of 1 City of Brooklyn Center 6301 Shingle Creek Pkwy 55430-2199 (763) 569-3300 Account No. 10100-4201 Temporary On-Sale Liquor License Application Addendum License Fee of $25 per day must be submitted to City Clerk with application Temporary Liquor License Fees are Non-Refundable Application Must Be Submitted 55 Days Prior to Event; City Council Approval Required Pursuant to City Code Section 11-107, Subdivision 6: The license may be issued only in connection with a social event within the city that is sponsored by a club or charitable, religious, or other nonprofit organization that has existed for at least three years. Information on Contact Person: Name: _.,,efik /66. (Fd t, e, and Last) jo`c,5 +fink, Ave- NLowklyn c:,Q.nter MN 42f,Address: (Street, City, and Zip Code) 763-567 i-5/cc (Home Telephone Number) Information on Event: Name of Event: /-6 c29 Location of Event: Dates (s) and Time (s) of Event _Y-63- 5o 3 3 -3 z-/.4/ (Work Telephone Number) AlIfitirlette41 OoklYtt Center MN 55429 Date Start time of event End time of event Day 1 7 /6 i From: From: ( 00 a.m. • .m . 0 a.m./10,, To: q3() To: /,0 a.m. . . a.m./Day 2 j Day 3 A-(, /From:, e 0 a.m. il.m)To: Day 4 From:a.m./p.m.To:a.m./p.m. Security for Event (explain in detail how you will ensure no underage sales or consumpti in, how the area will be secured, i.e. by fence, r p , barricade)/ _ 11 . LI/JâfA ,t ANL_ lit Insurance Requirement: Brooklyn Center requires proof of $300,000 dram shop liquor liability insurance with the City of Brooklyn Center named as an additional insured. This should be in the form of a certificate of insurance. However, if your event is being held on City property, such as a City park, you are required to have proof of $500,000 dram shop liquor liability insurance with the City of Brooklyn Center named as an additional insured. Information is collected to determine eligibility for license. Failure to provide information requested may result in denial of application. ,c.,•11. Date: ://46 1(ySignature: City Council Agenda item No 6g CO NOW ETEM EMORAN BUM DATE: July 14, 2014 TO: Curt Boganey, City Manager FROM: Nathan Reinhardt, Finance Director tg, SUBJECT: Capital Transfer from Earle Brown Heritage Center Recommendation: It is recommended that the City Council consider adoption of a resolution authorizing the transfer of $168,000 from the operating fund of the Earle Brown Heritage Center to the Capital Fund of the facility. Background: At the end of each fiscal year the cash balance in the Earle Brown Heritage Center (EBHC) operating fund is subjected to an analysis according to a formula in the cash reserve policy for the facility. The formula requires that the EBHC operating fund hold in cash the equivalent of the monthly average amount of cash deposits held for events booked at the facility plus one and one half times the average of cash disbursements per month. At the end of 2013, the cash balance in the EBHC operating fund was $1,145,848. The required cash reserve calculated using the formula was $974,378. The difference of $171,470 is available for transfer to the capital fund of the EBHC. Staff recommends moving $168,000 of that amount available from the operating fund to the EBHC Capital fund. The attached resolution authorizes such a transfer. Budget Issues: Also attached is the resulting cash flow projection for the EBHC Capital Fund assuming that the $168,000 transfer is approved. The projection assumes that the capital transfer will increase to $200,000 annually beginning in 2015 and that the EBHC capital fund will remain relatively stable through 2018. Strategic Priorities: 0 Financial Stability Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust EBHC TRANSFERS USING PROPOSED EBHC OPERATING CASH RESERVE POLICY At December 31, 2010 12-month average event deposits 295,069 12-month average cash disbursements 352,001 x 150% 528,002 Minimum cash balance 823,071 Cash balance at 12/31/10 1,406,677 Amount available for transfer 583,607 Actual transfer 2011 200,000 At December 31, 2011 12-month average event deposits 277,425 12-month average cash disbursements 394,104 x 150% 591,156 Minimum cash balance 868,581 Cash balance at 12/31/11 1,035,595 Amount available for transfer 167,014 Actual transfer 2012 At December 31, 2012 12-month average event deposits 359,295 12-month average cash disbursements 371,084 x 150% 556,626 Minimum cash balance 915,921 Cash balance at 12/31/12 1,380,094 Amount available for transfer 464,173 Actual transfer 2013 400,000 At December 31, 2013 12-month average event deposits 347,295 12-month average cash disbursements 418,056 x 150% 627,083 Minimum cash balance 974,378 Cash balance at 12/31/13 1,145,848 Amount available for transfer 171,470 Actual transfer 2014 (PROPOSED)168,000 comoao ao o t'f2.IML-C7 CO IONLri c‘i CO C6 CO . CO0 •00 . ONNN.L.CcE; It 06-r oooo8 ci016- 0,- 010LO61. co It kri CD 2 1000 L-CDOa a ,-cdr: NNLO t ▪ m -<72 0_ ON0. 06- 0 a th- a 06-O.0.toom coo kr; OaN 0. 8 01 00 0 I 0E000 0 6100 0 0 , .001 0 o dauiLOU) r omcv,-.1 N'0, 6-010. NO, 0044 0 00,-0"-"C9 •o0mco 0It 0)0 8 CD 1?)11A 111P, P" o o n_ 2 0.00 ei oi2 m m. ea0,<0 LO 151 ▪ -1 a 0 C 8 .a.0ON 00- , 00CD 00 O 0, 0 8 `N`j- t '.9,CO2" 0 0 0 6- C mr mom•dm-r c,co 80 CD co_ oM•co NN cS-r ao 696 ON t co OCDON 8 v.-om. ,...,v. v .v . .-d-v0, .,.n n aco-. It It '0" CO ON'omom6;72 r ,r0It .0 61- 00dr a, 73"t7s. 0_ 3 .1-.0.,0)..vU)v v.v ,: 10 m, c671- N W.—,, .,1-.1. 0_ nEo0,NNMMM•0NON .0. Z.TD - .00.N o mmmoo nn,o 6 69 a d It 6 9 < 0-0 0 CO .94 o a . IC 2 3 Pl. t rq Of' I& § 'uc=1.1.. as' .4-■_, 0..!cr-C(,,-) ci.)4-.1C!(1.)(...)ia., rrsu •<1=,.° m ! a . L CU— -0 . r'l . ,,, 1 S: a- LUC°ti `g , aI.----< pi rrq . , E EEE oc' 8 8 E i'g g :4 g ci O a Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING TRANSFER OF FUNDS FROM EARLE BROWN HERITAGE CENTER OPERATING FUND TO EARLE BROWN HERITAGE CENTER CAPITAL FUND WHEREAS, a formula was developed to calculate an annual transfer of money from operations of the Earle Brown Heritage Center (EBHC) to a capital fund for use in maintaining, renovating and upgrading the EBHC facilities; and WHEREAS, the calculation of funding available at the end of 2013 indicated a balance of $171,470 available; and WHEREAS, $168,000 may be transferred from EBHC Operations to EBHC Capital and such change may be done without harm to the EBHC operating fund. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a transfer of $168,000 from the operating fund of the Earle Brown Heritage Center to the EBHC Capital Fund be and hereby is approved. July 14, 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 -tem No. 6h COUNCIL ITEM MEMO NDUM DATE: July 8, 2014 TO: Curt Boganey, City Manager THROUGH: Steve Lillehaug, Director of Public Works/City Engineer FROM: Andrew Hogg, Assistant City Engineer SUBJECT: Resolution Approving Final Plat for BRI MAR THIRD ADDITION Recommendation: It is recommended that the City Council approve the final plat for BRI MAR THIRD ADDITION. Background: The attached final plat for BRI MAR THIRD ADDITION was developed and would combine three adjacent lots into an existing larger development lot occupied by the Luther Brookdale Honda dealership (located at 6800 Brooklyn Boulevard) and legally described as Lot 1, Block 1, Bri-Mar Second Addition. On September 9, 2013, the Brooklyn Center City Council approved the proposed preliminary plat based upon certain conditions (see attached conditions of approval, City Council Resolution No. 2013-107). City Ordinance identifies a six month period that an applicant has to record a final plat. However, on March 24, 2014, the City Council granted a six month extension to the time period for the approval of the final plat, extending the date to September 9, 2014, due to certain complications in obtaining consent from property owner's mortgage company, which has subsequently been addressed. The applicant is now seeking final plat approval from the City Council. The final plat is recommended for approval subject to the conditions established by the City Engineer, conditions established by the City Attorney based on a review of an updated title commitment provided by the applicant (within the past 30 days), conditions as previously approved by the City Council, and any conditions established by Hennepin County for recording of the plat documents. Budget Issues: The applicant has paid a final plat application fee of $125 and must reimburse the City for any additional engineering, administrative, legal or other fees associated with the filing and recording of the final plat Strategic Priorities: o 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 APPROVING FINAL PLAT FOR BRI MAR THIRD ADDITION WHEREAS, the City Council approved the proposed preliminary plat for BRI MAR THIRD ADDITION based on certain conditions as set forth in City Council Resolution No. 2013- 107; and WHEREAS, the Planning Commission has recommended approval for the final plat for BRI MAR THIRD ADDITION based on certain conditions as set forth in Planning Commission Resolution No. 2013-16; and WHEREAS, the City Council approved a six month extension to the time period for the approval of the BRI MAR THIRD ADDITION final plat as set forth in City Council Resolution No. 2014-41; and WHEREAS, the applicant has applied for approval of the final plat for BRI MAR THIRD ADDITION as required by City Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the final plat for BRI MAR THIRD ADDITION is hereby approved, subject to the following conditions: 1.Conditions as previously recommended by Planning Commission Resolution Nos. 2013-16, and/or as revised and amended by City Council actions taken on said development's Preliminary Plan approval in accordance with City Council Resolution No. 2013-107and No. 2014-41. 2.The final plat and plans must incorporate the conditions of approval as indicated in the Preliminary Plan Review Memorandum dated August 23, 2013, or as required and approved by the City Engineer. 3.Property owner must provide an executed and certified recorded copy of an overall utility facilities easement agreement for all private utility facilities that will connect into the City's utility system. 4.Underlying easements on underlying plats must be terminated. 5. Evidence of title satisfactory to the City Attorney and City Engineer. 6. Any other conditions as established by Hennepin County for recording of said Final Plat. RESOLUTION NO. 7. Prior to release by the City of the final, approved plat, the owner must reimburse the City the full amount of legal fees incurred by the City in obtaining a review or opinion of title. July 14, 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. 0 0 0 Z 7.1 222 0 0 4.2 2:2 2.11 77 0 cc C.: — — — — —_J L — — 02520■72212_,O1OO•S oaT. 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' 220 2.2.21 5.2 FS 2.2 (IF 02 02 2- ,12 g,' 4°. .7 7 Member Carol Kleven introduced the following resolution and moved its adoption: RESOLUTION NO. 2013-107 RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2013-015 SUBMITTED BY THE LUTHER COMPANY, LLLP FOR APPROVAL OF PRELIMINARY PLAT OF BRI-MAR THIRD ADDITION WHEREAS, on October 17, 2011, the City Council for the City of Brooklyn Center approved the Final Plat of Bri-Mar Second Addition, which was the replat of five lots owned by The Luther Company, LLLP into two separate development lots (Lots 1 and 2, Block 1 Bri-Mar Second Addition), which were platted to benefit the 2008 Luther Brookdale Honda-Toyota Planned Unit Development; and WHEREAS, Planning Application No. 2013-015 was submitted by The Luther Company, LLLP requesting approval of a proposed Preliminary Plat and Final Plat of ,a new subdivision to be titled BRI-MAR THIRD ADDITION, which is a replat of three adjacent lots into an existing larger development lot occupied by the Luther Brookdale Honda dealership (located at 6800 Brooklyn Boulevard) and legally described as Lot 1, Block 1, Bri-Mar Second Addition; and WHEREAS, the Planning Commission held .a duly Called public hearing on August 29, 2013, whereby this subdivision plat item was given due consideration, a staff report was presented, and a public hearing was conducted to allow for public testimony regarding the preliminary plat of BRI-MAR THIRD ADDITION, which were received and noted for the record; and WHEREAS, the Planning Commission determined during the review of the preliminary plat materials submitted with Planning Application No. 2013-015, that said plat is in general conformance with City of Brooklyn Center's City Code Chapter 15— Platting; and WHEREAS, upon completion of this public hearing and full consideration of this item, the Planning Advisory Commission of the City of Brooklyn Center adopted Planning Commission Resolution No. 2013-16, which provides a favorable recommendation to the City Council that the proposed Preliminary Plat of BRI-MAR THIRD ADDITION should he approved. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Planning Application No. 2013-015 as submitted by The Luther Company, LLLP requesting approval of a Preliminary Plat of a new subdivision to be titled BRI-MAR THIRD ADDITION is hereby approved, subject to the following conditions: 1. The recommendations and conditions as noted in the City Engineer's review memorandum, dated August 23, 2013 shall be complied with or completed prior to release of final plat for recording. ATTEST: September 9, 2013 Date City Clerk RESOLUTION NO. 2013 -107 2.The final plat shall be subject to review and final approvals by the City Engineer, prior to release by the City for recording Purposes. 3.An updated certified abstract of title or registered property report must be provided to the city Engineer and City Attorney for :review at least 30-days prior to the expected release of the final plat. The motion for the adoption of the foregoing resolution was duly seconded by member Dan Ryan and upon vote being taken thereon, the following voted in favor thereof: Tim Willson, Carol Kleven, Kris Lawrence-Anderson, Lit Myszkowski, and Dan Ryan; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted-. City Council Agenda Item No. 6i COUNCIL ITEM MEMORANDUM DATE: July 14, 2014 TO: Curt Boganey, City Manager FROM: Tim Benetti, Planning & Zoning Specialist THROUGH Gary Eitel, Director of Business and Development SUBJECT: Authorize the Reduction and Acceptance of a New Irrevocable Standby Letter of Credit Issued by Associated Bank of Green Bay, WI on behalf of Presbyterian Homes and Services (Ref. Planning Application No. 2012-003) Recommendation: It is recommended that the City Council authorize the reduction and acceptance of a new Irrevocable Standby Letter of Credit issued by Associated Bank of Green Bay, WI, on behalf of Presbyterian Homes and Services. Background: On June 25, 2012, the City Council approved Planning Application No. 2012-003, the new planned unit development and site and building plans for Presbyterian Homes and Services (PHS) to construct a new 97-bed skilled nursing care facility, and a future 38-unit senior living residence at the Maranatha Care Center campus, located at 5401-5415 69 th Avenue. On August 24, 2012, Associated Bank issued an irrevocable standby letter of credit (LOC) in the amount of $100,000, which fulfilled a perfoimance guarantee on certain site improvements to be constructed by PHS. On June 10, 2014, city staff received a "Notice of Non-Renewal" letter from Associated Bank, indicating this LOC would not be renewed and expires August 24, 2014. Recent inspection of the subject property revealed a majority of the site work has been completed, except for the final parking lot surface; some minor grading and ponding work; sidewalks; fire access road; additional landscaping; and turf establishment. Based on the amount of work remaining, staff is recommending the City authorize the reduction of the original $100,000 LOC to a reduced amount of $25,000, to serve as security for this remaining work and site improvements. Associated Bank has withdrawn their notice letter and submitted for approval a new $25,000 irrevocable standby letter of credit. Staff believes this $25,000 security is adequate, and will be held for an additional one-year period to ensure one full growing season on all landscape plantings. 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 Assodated Bank Date: June 30, 2014 CANCELLATION OF NOTICE OF NON-RENEWAL LETTER OF CREDIT NO. DC112094IJS23512 BENEFICIARY APPLICANT(S) The City of Brooklyn Center Presbyterian Homes and Services 6301 Shingle Creek Parkway 2845 Hamline Ave. N. Brooklyn Center, MN 55430 Saint Paul, MN 55113-7127 Dear Sir or Madam: We hereby give you, The City of Brooklyn Center, notice of cancellation of our Notice of Non-Renewal letter dated June 10, 2014. Our Irrevocable Standby Letter of Credit No. DC112094US23512 will be renewed for an additional one year period expiring on August 24, 2015. Should you have occasion to contact us regarding this credit, kindly direct your communication to the attention of: Trade Services at 800-230-5506, making specific reference to this Letter of Credit No. DC112094US23512. Associated Bank, N.A. Kavvywae-/V Noreen K. Clemmons AVP, Intl Trade Mgr. TRADE SERVICES, M.S. 7059 2870 Holmgren Way — Green Bay, WI 54304-5714 Equal Housing Lender and Equal Opportunity Lender. Member FDIC and Associated Banc-Corp 1 of 1 %ocat Bank 2870 Holmgren Way Green Bay, WI 54304 800-230-5506 PHONE 920-327-6040 FAX June 30, 2014 AMENDMENT NO. 1 IRREVOCABLE STANDBY LETTER OF CREDIT NO. DC112094US23512 BENEFICIARY: APPLICANT: The City of Brooklyn Center Presbyterian Homes and Services 6301 Shingle Creek Parkway 2845 Hamline Ave. N. Brooklyn Center, MN 55430 Saint Paul, MN 55113-7127 Dear Sir or Madam: We hereby issue an amendment to our Irrevocable Standby Letter of Credit No. DC112094US23512 dated August 24, 2012 as follows: O Decrease Letter of Credit Amount by: USD 75,000.00 O New Letter of Credit Amount: USD 25,000.00 All other terms and conditions remain unchanged. This amendment is to form an integral part of this Letter of Credit. Kindly return a countersigned copy of this amendment letter at your earliest convenience, indicating your acceptance or rejection of this amendment. A postage-prepaid envelope is enclosed. This amendment must be accepted or rejected IN ITS ENTIRETY; you may not accept it only partially. Should you have occasion to contact us regarding this credit, kindly direct your communication to the attention of: Trade Services at 800-230-5506, making specific reference to this Letter of Credit No. DCI 12094U523512. ACCEPTEDEI REJECTEDD The City of Brooklyn Center By: Title: Date: Associated Bank, N.A. Noreen K. Clemmons AVP, Intl Trade Mgr. TRADE SERVICES, KS. 7059 Equal Housing Lender and Equal Opportunity Lender. Member FDIC and Associated Banc-Corp 1 of 1 NM0430 City Council Agenda Item No. 6j COUNCIL ITEM MEMORANDUM DATE: July 14, 2014 TO: Curt Boganey, City Manager FROM: Vickie Schleuning, Assistant City Manager/Director of Building 8 Community Standards SUBJECT: Resolution Authorizing the Execution of a Joint Cooperation Agreement Between the City of Brooklyn Center and Hennepin County for Participation in the Urban Hennepin County Community Development Block Grant Program in Fiscal Years 2015-2017 Recommendation: It is recommended that the City Council consider adoption of the resolution authorizing the execution of a joint cooperation agreement between the City of Brooklyn Center and Hennepin County for participation in the Urban Hennepin County Community Development Block Grant Program in Fiscal Years 2015-2017. Background: The City of Brooklyn Center was notified by Hennepin County that the Housing and Urban Development (HUD) provided Notice on April 25, 2014 requiring certain changes to the Joint Cooperation Agreement (JCA) for FY 2015-2017. Brooklyn Center has had an agreement with Hennepin County for the Community Development Block Grant (CDBG) Program for approximately 15 years. Previously, the agreement would automatically renew each year. However, due to the required changes, a new agreement needs to be signed and approved by resolution. The attached revised 2015-2017 JCA reflects the following changes: 1.The addition of language stating that the agreement covers not only the CDBG Entitlement program and the HOME Investment Partnership (HOME), but also the Emergency Solutions Grants (ESG) Programs. 2.The addition of a provision that a unit of general local government may not sell, trade, or otherwise transfer all or any portion of such funds to another such metropolitan city, urban county, unit of general local government, Indian tribe, or insular area that directly or indirectly receives CDBG funds in exchange for any other funds, credits, or non- Federal considerations; but must use such funds for activities eligible under Title I of the Act. This new requirement is contained in the FY2014 HUD Appropriation bill. 3. Clarification of Fair Housing language. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 4.Hennepin County is relocating contract term language specific to the CDBG contract year from the JCA Section D to the annual CDBG sub-recipient contracts for awards starting in FY 2015. 5.The Planning and Administrative cost language has been expanded to increase allocation to Hennepin County to reflect the County's growing costs associated with compliance and timeline monitoring and its potential need for future increases. (Hennepin County has retained 13% for administrative costs since 2002; the proposed agreement defines a range of 13% to 15% and the maximum allowed by HUD is 20%.) Budget Issues: Brooklyn Center participates in the CDBG program and annually budgets for the program for neighborhood preservation activities such as code enforcement, housing rehabilitation grants, and public service agencies. Strategic Priorities: • Financial Stability Attachments: Attachment I: Resolution Approving Joint Cooperation Agreement Attachment II: Joint Cooperation Agreement Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for people and preserves the public trust Attachment I: Resolution Approving Joint Cooperation Agreement Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE EXECUTION OF A JOINT COOPERATION AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND HENNEPIN COUNTY FOR PARTICIPATION IN THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM IN FY 2015 - 2017 WHEREAS, THE City of Brooklyn Center, Minnesota, and the County of Hennepin have in effect a Joint Cooperation Agreement for purposes of qualifying as a Urban County under the United States Department of Housing and Urban Development Community Development Block Grant (CDBG), Emergency Solutions Grants (ESG) Program, and Home Investment Partnerships (HOME) Programs; and WHEREAS, the City and County wish to execute a new Joint Cooperation Agreement in order to continue to qualify as an Urban County for purposes of the Community Development Block grant, ESG and HOME Programs. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota; that a new Joint Cooperation Agreement between the City and County be executed effective October 1, 2014 and that the Mayor and the City Manager be authorized and directed to sign the Agreement on behalf of the City. July 14, 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. Attachment I: Resolution Approving Joint Cooperation Agreement Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE EXECUTION OF A JOINT COOPERATION AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND HENNEPIN COUNTY FOR PARTICIPATION IN THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM IN FY 2015 - 2017 WHEREAS, THE City of Brooklyn Center, Minnesota, and the County of Hennepin have in effect a Joint Cooperation Agreement for purposes of qualifying as a Urban County under the United States Department of Housing and Urban Development Community Development Block Grant (CDBG), Emergency Solutions Grants (ESG) Program, and Home Investment Partnerships (HOME) Programs; and WHEREAS, the City and County wish to execute a new Joint Cooperation Agreement in order to continue to qualify as an Urban County for purposes of the Community Development Block grant, ESG and HOME Programs. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota; that a new Joint Cooperation Agreement between the City and County be executed effective October 1, 2014 and that the Mayor and the City Manager be authorized and directed to sign the Agreement on behalf of the City. July 14, 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. Contract No. 140805 JOINT COOPERATION AGREEMENT URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS AGREEMENT made and entered into by and between the COUNTY OF HENNEPIN, State of Minnesota, hereinafter referred to as "COUNTY," A-2400 Government Center, Minneapolis, Minnesota, 55487, and the cities executing this Master Agreement, each hereinafter respectively referred to as "COOPERATING UNIT," said parties to this Agreement each being governmental units of the State of Minnesota, and made pursuant to Minnesota Statutes, Section 471.59. WITNESSETH: COOPERATING UNIT and COUNTY agree that it is desirable and in the interests of their citizens that COOPERATING UNIT shares its authority to carry out essential community development and housing activities with COUNTY in order to permit COUNTY to secure and administer Community Development Block Grant and HOME Investment Partnership funds as an Urban County within the provisions of the Act as herein defined and, therefore, in consideration of the mutual covenants and promises contained in this Agreement, the parties mutually agree to the following terms and conditions. COOPERATING UNIT acknowledges that by the execution of this Agreement that it understands that it: 1.May not also apply for grants under the State CDBG Program from appropriations for fiscal years during which it is participating in the Urban County Program; and 2.May not participate in a HOME Consortium except through the Urban County. 3. May not receive a formula allocation under the Emergency Solutions Grants (ESG) Program except through the Urban County. I. DEFINITIONS The definitions contained in 42 U.S.C. 5302 of the Act and 24 CFR §570.3 of the Regulations are incorporated herein by reference and made a part hereof, and the terms defined in this section have the meanings given them: A."Act" means Title I of the Housing and Community Development Act of 1974, as amended, (42 U.S.C. 5301 et seq.). B."Activity" means a CDBG-funded activity eligible under Title I of the Housing and Community Development Act of 1974, as amended. Example: single family rehab activity. C. "Annual Program" means those combined activities submitted by cooperating units to COUNTY for CDBG funding as part of the Consolidated Plan. D. "Consolidated Plan" means the document bearing that title or similarly required statements or documents submitted to HUD for authorization to expend the annual grant amount and which is developed by the COUNTY in conjunction with COOPERATING UNITS as part of the Community Development Block Grant Program. E."Cooperating Unit(s)" means any city or town in Hennepin County that has entered into a cooperation agreement that is identical to this Agreement, as well as Hennepin County, which is a party to each Agreement. F."HUD" means the United States Department of Housing and Urban Development. G."Metropolitan City" means any city located in whole or in part in Hennepin County which is certified by HUD to have a population of 50,000 or more people. H."Program" means the HUD Community Development Block Grant Program as defined under Title I of the Housing and Community Development Act of 1974, as amended. I."Program Income" means gross income received by the recipient or a subrecipient directly generated from the use of CDBG. J."Regulations" means the rules and regulations promulgated pursuant to the Act, including but not limited to 24 CFR Part 570. K. "Urban County" means the entitlement jurisdiction within the provisions of the Act and includes the suburban Hennepin County municipalities which are signatories to this Agreement. II. PURPOSE The purpose of this Agreement is to authorize COUNTY and COOPERATING UNIT to cooperate to undertake, or assist in undertaking, community renewal and lower income housing assistance activities and authorizes COUNTY to carry out these and other eligible activities for the benefit of eligible recipients who reside within the corporate limits of the COOPERATING UNIT which will be funded from annual Community Development Block Grant, Emergency Solutions Grants (ESG) Programs and HOME appropriations for the Federal Fiscal Years 2015, 2016 and 2017 and from any program income generated from the expenditure of such funds. III. AGREEMENT The initial term of this Agreement is for a period commencing on October 1, 2014 and terminating no sooner than the end of the program year covered by the Consolidated Plan for the basic grant amount for the Fiscal Year 2017, as authorized by HUD, and for such additional time as may be required for the expenditure of funds granted to the County for such period. Prior to the end of the initial term and the end of each subsequent qualification period, the COUNTY, as the lead agency of the URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, shall provide a written notice to the COOPERATING UNIT of their right not to participate in a subsequent qualification period. The written notice will provide the COOPERATING UNIT a minimum thirty (30) day period to submit a written withdrawal. If the COOPERATING UNIT does not submit to the COUNTY a written withdrawal during the notice period, this Agreement shall be automatically extended for a subsequent three-year qualifying period. This Agreement must be amended by written agreement of all parties to incorporate any future changes necessary to meet the requirements for cooperation agreements set forth in the Urban County Qualification Notice applicable for the year in which the next qualification of the County is scheduled. Failure by either party to adopt 2 such an amendment to the Agreement shall automatically terminate the Agreement following the expenditure of all CDBG and HOME funds allocated for use in the COOPERATING UNIT's jurisdiction. This Agreement shall remain in effect until the CDBG, HOME and ESG funds and program income received (with respect to activities carried out during the three-year qualification period, and any successive qualification periods under agreements that provide for automatic renewals) are expended and the funded activities completed. COUNTY and COOPERATING UNIT cannot terminate or withdraw fot in this Agreement while it remains in effect. Notwithstanding any other provision of this Agreement, this Agreement may be terminated at the end of the program period during which HUD withdraws its designation of the COUNTY as an Urban County under the Act. This Agreement shall be executed by the appropriate officers of COOPERATING UNIT and COUNTY pursuant to authority granted them by their respective governing bodies, and a copy of the authorizing resolution and executed Agreement shall be filed promptly by the COOPERATING UNIT in the Hennepin County Department of Housing, Community Works and Transit so that the Agreement can be submitted to HUD by July 25, 2014. COOPERATING UNIT and COUNTY shall take all actions necessary to assure compliance with the urban county's certifications required by Section 104(b) of the Title I of the Housing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964; the Fair Housing Act, and affirmatively furthering fair housing. COOPERATING UNIT and COUNTY shall also take all actions necessary to assure compliance with Section 109 of Title I of the Housing and Community Development Act of 1974 (which incorporates Section 504 of the Rehabilitation Act Of 1973 and the Age Discrimination Act of 1975), and other applicable laws. IV. ACTIVITIES COOPERATING UNIT agrees that awarded grant funds will be used to undertake and carry out, within the terms of this Agreement, certain activities eligible for funding under the Act. The COUNTY agrees and will assist COOPERATING UNIT in the undertaking of such essential activities by providing the services specified in this Agreement. The parties mutually agree to comply with all applicable requirements of the Act and the Regulations and other relevant Federal and/or Minnesota statutes or regulations in the use of basic grant amounts. Nothing in this Article shall be construed to lessen or abrogate the COUNTY's responsibility to assume all obligations of an applicant under the Act, including the development of the Consolidated Plan, pursuant to 24 CFR Part 91. COOPERATING UNIT further specifically agrees as follows: A.COOPERATING UNIT will, in accord with a COUNTY-established schedule, prepare and provide to the COUNTY, in a prescribed form, requests for the use of Community Development Block Grant Funds consistent with this Agreement, program regulations and the Urban Hennepin County Consolidated Plan. B.COOPERATING UNIT acknowledges that, pursuant to 24 CFR §570.501(b), it is subject to the same requirements applicable to subrecipients, including the requirement for a written Subrecipient Agreement set forth in 24 CFR §570.503. The Subrecipient Agreement will cover the implementation requirements for each activity funded pursuant to this Agreement and shall be duly executed with and in a form prescribed by the COUNTY. C. COOPERATING UNIT acknowledges that it is subject to the same subrecipient requirements stated in paragraph B above in instances where an agency other than itself is undertaking an activity pursuant to 3 this Agreement on behalf of COOPERATING UNIT. In such instances, a written Third Party Agreement shall be duly executed between the agency and COOPERATING UNIT in a form prescribed by COUNTY. D.COOPERATING UNITS shall expend all funds annually allocated to activities pursuant to the Subrecipient Agreement. 1. All funds not expended pursuant to the terms of the Subrecipient Agreement will be relinquished to the COUNTY and will be transferred to a separate account for reallocation on a competitive request for proposal basis at the discretion of the COUNTY where total of such funds is $100,000 or greater. Amounts less than $100,000 shall be allocated by COUNTY to other existing activities consistent with timeliness requirements and Consolidated Plan goals. E.COUNTY and COOPERATING UNITS shall expend all program income pursuant to this Agreement as provided below: 1.Program income from housing rehabilitation activities administered by the COUNTY will be incorporated into a pool at the discretion of the COUNTY. The pool will be administered by COUNTY and will be used for housing rehabilitation projects located throughout the entire Urban County. When possible, COUNTY will give priority to funding housing rehabilitation projects within the COOPERATING UNIT where the program income was generated. Funds expended in this manner would be secured by a Repayment Agreement/Mortgage running in favor of the COUNTY. Program income generated by certain COOPERATING UNITS that administer their own housing rehabilitation activities may be retained by the COOPERATING UNIT at its discretion; however, such COOPERATING UNITS will be bound by the conditions of D.2., above. Only COOPERATING UNITS that were administering their own activities pursuant to the Joint Cooperation Agreement pertaining to the HUD fiscal years 2012-2014 will be eligible to retain their program income. 2.COUNTY reserves the option to recapture program income generated by non-housing rehabilitation activities if said funds have not been expended within twelve (12) months of being generated. These funds shall be transferred to a separate account for reallocation on a competitive request for proposal basis administered by COUNTY or, where the total of such funds does not exceed $100,000, shall be reallocated by COUNTY to other existing activities consistent with timeliness requirements and Consolidated Plan goals. F.COOPERATING UNITS are encouraged to undertake joint activities involving the sharing of funding when such action furthers the goals of the Consolidated Plan and meets the expenditure goals. G.If COUNTY is notified by HUD that it has not met the performance standard for the timely expenditure of funds at 24 CFR 570.902(a) and the COUNTY entitlement grant is reduced by HUD according to its policy on corrective actions, then the basic grant amount to any COOPERATING UNIT that has not met its expenditure goal shall be reduced accordingly. H.COOPERATING UNIT will take actions necessary to assist in accomplishing the community development program and housing goals, as contained in the Urban Hennepin County Consolidated Plan. I.COOPERATING UNIT shall ensure that all activities funded, in part or in full by grant funds received pursuant to this Agreement, shall be undertaken affirmatively with regard to fair housing, employment and business opportunities for minorities and women. It shall, in implementing all programs and/or 4 activities funded by the basic grant amount, comply with all applicable Federal and Minnesota Laws, statutes, rules and regulations with regard to civil rights, affirmative action and equal employment opportunities and Administrative Rule issued by the COUNTY. J.COOPERATING UNIT that does not affirmatively further fair housing within its own jurisdiction or that impedes action by COUNTY to comply with its fair housing certification shall be prohibited from receiving CDBG funding for any activities. K.COOPERATING UNIT shall participate in the citizen participation process, as established by COUNTY, in compliance with the requirements of the Housing and Community Development Act of 1974, as amended. L.COOPERATING UNIT shall reimburse COUNTY for any expenditure determined by HUD or COUNTY to be ineligible. M.COOPERATING UNIT shall prepare, execute, and cause to be filed all documents protecting the interests of the parties hereto or any other party of interest as may be designated by the COUNTY. N. COOPERATING UNIT has adopted and is enforcing: I. A policy prohibiting the Use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations; and 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such nonviolent civil rights demonstrations within its jurisdiction. 0. COOPERATING UNIT shall not sell, trade, or otherwise transfer all or any portion of grant funds to another metropolitan city, urban county, unit of general local government, or Indian tribe, or insular area that directly or indirectly receives CDBG funds in exchange for any other funds, credits or non- federal considerations, but must use such funds for activities eligible under Title I of the Act. COUNTY further specifically agrees as follows: A.COUNTY shall prepare and submit to HUD and appropriate reviewing agencies, on an annual basis, all plans, statements and program documents necessary for receipt of a basic grant amount under the Act. B.COUNTY shall provide, to the maximum extent feasible, technical assistance and coordinating services to COOPERATING UNIT in the preparation and submission of a request for funding. C.COUNTY shall provide ongoing technical assistance to COOPERATING UNIT to aid COUNTY in fulfilling its responsibility to HUD for accomplishment of the community development program and housing goals. D.COUNTY shall, upon official request by COOPERATING UNIT, agree to administer local housing rehabilitation activities funded pursuant to the Agreement, provided that COUNTY shall receive Twelve percent (12%) of the allocation by COOPERATING UNIT to the activity as reimbursement for costs associated with the administration of COOPERATING UNIT activity. 5 E.COUNTY may, at its discretion and upon official request by COOPERATING UNIT, agree to administer, for a possible fee, other activities funded pursuant to this Agreement on behalf of COOPERATING UNIT. F.COUNTY may, as necessary for clarification and coordination of program administration, develop and implement Administrative Rules consistent with the Act, Regulations, HUD administrative directives, and administrative requirements of COUNTY. V. ALLOCATION OF BASIC GRANT AMOUNTS Basic grant amounts received by the COUNTY under Section 106 of the Act shall be allocated as follows: A.Planning and administration costs are capped to 20 percent of the sum of grant plus program income that is received during the program year. During the term of this Agreement the COUNTY anticipates planning and administrative retainage of thirteen to fifteen percent (13-15%);included in this administrative amount is funding for annual county-wide Fair Housing activities. B.The balance of the basic grant amount shall be made available by COUNTY to COOPERATING UNITS in accordance with the formula stated in part C and the procedure stated in part D of this section utilizing U.S. Census Bureau data. The allocation is for planning purposes only and is not a guarantee of funding. C. Allocation of funding will be based upon a formula using U.S. Census Bureau data that bears the same ratio to the balance of the basic grant amount as the average of the ratios between: 1.The population of COOPERATING UNIT and the population of all COOPERATING UNITS. 2.The extent of poverty in COOPERATING UNIT and the extent of poverty in all COOPERATING UNITS. 3.The extent of overcrowded housing by units in COOPERATING UNIT and the extent of overcrowded housing by units in all COOPERATING UNITS. 4.In determining the average of the above ratios, the ratio involving the extent of poverty shall be counted twice. D. Funds will be made available to communities utilizing the formula specified in C of this Section in the following manner: 1.All COOPERATING UNITS with aggregate formula percentages of greater than three and one half percent (3.5%) of the total using the procedure in part C. of this section will receive funding allocations in accordance with the COUNTY formula allocations. 2.COOPERATING UNITS with aggregate formula percentages of three and one half percent (3.5%) or less of the total using the procedure in part C. of this section will have their funds consolidated into a pool for award in a manner determined by COUNTY on a competitive request for proposal basis. Only the COUNTY and COOPERATING UNITS whose funding has been pooled will be eligible to compete for these funds. 6 E.The COUNTY shall develop these ratios based upon data to be furnished by HUD. The COUNTY assumes no duty to gather such data independently and assumes no liability for any errors in the data furnished by HUD. F.In the event COOPERATING UNIT does not request a funding allocation, or a portion thereof, the amount not requested shall be made available to other participating communities, in a manner determined by COUNTY. VI.METROPOLITAN CITIES Any metropolitan city executing this Agreement shall defer their entitlement status and become part of Urban Hennepin County. This agreement can be voided if the COOPERATING UNIT is advised by HUD, prior to the completion of the re-qualification process for fiscal years 2015-2017, that it is eligible to become a metropolitan city and the COOPERATING UNIT elects to take its entitlement status. If the agreement is not voided on the basis of the COOPERATING UNIT's eligibility as a metropolitan city prior to June 20, 2014, the COOPERATING UNIT must remain a part of the COUNTY program for the entire three-year period of the COUNTY qualification. VII.OPINION OF COUNSEL The undersigned, on behalf of the Hennepin County Attorney, having reviewed this Agreement, hereby opines that the terms and provisions of the Agreement are fully authorized under State and local law and that the COOPERATING UNIT has full legal authority to undertake or assist in undertaking essential community development and housing assistance activities, specifically urban renewal and publicly-assisted housing. Assistant County Attorney 7 VIII. HENNEPIN COUNTY EXECUTION The Hennepin County Board of Commissioners having duly approved this Agreement on 2014, and pursuant to such approval and the proper County official having signed this Agreement, the COUNTY agrees to be bound by the provisions herein set forth. COUNTY OF HENNEPIN, STATE OF MINNESOTA APPROVED AS TO FORM: By: Chair of its County Board Assistant County Attorney And: Date: Assistant/Deputy/County Administrator Attest: Deputy/Clerk of the County Board RECOMMENDED FOR APPROVAL Assistant County Administrator - Public Works Date: Department, Housing, Community Works and Transit Date: 8 IX. COOPERATING UNIT EXECUTION COOPERATING UNIT, having signed this Agreement, and the COOPERATING UNITS governing body having duly approved this Agreement on , 2014, and pursuant to such approval and the proper city official having signed this Agreement, COOPERATING UNIT agrees to be bound by the provisions of this Joint Cooperation Agreement. CITY OF By: Its Mayor And: Its City Manager ATTEST. CITY MUST CHECK ONE: The City is organized pursuant to: Plan A Plan B Charter 9 •aftefi ••- City Council Agenda Item No. 6k COUNCIL I EM MEMORANDUM DATE: July 9, 2014 TO: City Council FROM: Curt Boganey, City Manag e SUBJECT: North Valley Inc. Judgment Recommendation: It is recommended that the City Council consider adoption of the resolution authorizing payment to North Valley Inc. in accordance with judgment rendered by Hennepin County District Court Fourth Judicial District in the case North Valley, Inc. v. City of Brooklyn Center. Background: On July 23, 2009, bids were opened for the 69 th Avenue and Shingle Creek Parkway street improvements and Centennial Park trail project. The Contract required that work commence within 10 calendar days after issuance of notice to proceed and all work was to be completed by October 23, 2009. On or about August 13 th the contract with North Valley was accepted and work commenced on August 25, 2013. Due to a variety of reasons the contractor failed to complete the project by October 23, 2009. The project was finally completed on July 21, 2010. The City imposed and retained liquidated damages of $78,000 as allowed for under the contract. The contractor objected and made a demand for $356,120.35 in additional costs. An attempt to settle the dispute failed and North Valley filed suit in District Court. December 3-10, 2013, a jury trial was held. The jury determined the City was not entitled to liquidated damages and the contractor should be paid for additional costs. Budget Issues: The total amount estimated due North Valley including interest through July 14 th is $511,744.56 (See Attachment A) Of this cost, $113,609 will be paid by the League of Minnesota Cities Insurance Trust The Balance of $398,635.24 will paid by the City of Brooklyn Center City Funding Sources: $78,000.00 in liquidated damages withheld will be paid to the contractor. The balance of $320,635.00 will be paid from the Capital Reserve Emergency Fund. The current balance is $1,458,619. The Capital Reserve Emergency Fund balance exceeds the policy minimum of $1,000,000. Strategic Priorities: • Vibrant Neighborhoods Mission: Ensuring an attractive, clean, sole, 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 AUTHORIZING PAYMENT TO NORTH VALLEY INC. PER JUDGMENT WHEREAS, the City of Brooklyn Center ("City") let bids for a construction contract agreement for street and utility improvements in July 2009 which contained a project completion time line of October 23, 2009; and WHEREAS, North Valley, Inc. ("North Valley") was the successful bidder and was therefore awarded the contract; and WHEREAS, there were a myriad of difficulties with the project and, as a result, it was not fully completed until July 21, 2010; and WHEREAS, the City imposed liquidated damages for North Valley's failure to complete the project on time; and WHEREAS, North Valley requested additional payments for extra work and the City declined to pay the additional compensation requested; and WHEREAS, negotiations were unsuccessful and litigation ensued; and WHEREAS, following a jury trial and post-trial motions, a final judgment has been rendered against the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, to satisfy the judgment and to authorize the City Manager to make payment in the amount of $486,798.89, plus per day interest accruing until payment is made, of which the League of Minnesota Cities Insurance Trust will contribute $100,000. July 14, 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. Attachment A Shingle Creek Parkway, 69th Avenue and Central Park Trail Project NVI vs. City of Brooklyn Center Project Summary COSTS Deduct for Liquidated Damages (LDs) Reimbursement $ 78,000.00 Prejudgement Interest on LDs $ 10,334.47 Court Ordered Payment for Work Items $356,120.35 Prejudgement Interest for Work Items $ 42,344.17 Subtotal of Court Ordered Judgement $486,798.99 Plantiff Costs and Disbursements $ 15,609.32 Post Judgement Interest ($53.35/clay; commencing January 21 2014; amount computed through July 14, 2014)$ 9,336.25 Subtotal of Plantiff Costs and Disbursements $ 24,945.57 TOTAL AMOUNT $511,744.56 REVENUES LMCIT Payment $ 115,609.32 City of Brooklyn Center's Deciuctable $ 2,500.00 Subtotal LMCIT Reimbursement $ 113,109.32 Remainder to be funded through project $398,635.24 City Council Ageuda Item No. 61 COUNCIL ITEM MEMORANDUM DATE: July 10, 2014 TO: Curt Boganey, City Manager FROM: Kevin Benner, Chief of Police SUBJECT: Hennepin County Violent Offender Task Force Co-operative Agreement Recommendation: It is recommended that the City Council consider adoption of the Hennepin County Violent Offender Task Force ("VOTF") Co-operative Agreement. This agreement is a renewal of the existing agreement, which has been in place four years and will expire in 2014. The purpose of this agreement is to continue to work cooperatively with other agencies within Hennepin County in the enforcement of violent offender laws. Background: The Hennepin County VOTF was formed to address violent crime within the north metropolitan area. By partnering with neighboring agencies in Hennepin County, VOTF officers have been able to share intelligence and work together to identify and manage known violent offenders throughout several cities. Currently, Hennepin County Sheriff deputies are working together with officers from the Brooklyn Center, Brooklyn Park, Golden Valley, and Richfield police departments to identify the most violent offenders in the north metropolitan area. Hennepin County VOTF has also formed a partnership with the Alcohol, Tobacco, Firearms and Explosives ("ATF") agency. This federal agency has assigned agents to work with this partnership, thus extending the range of intelligence made available to VOTF. In April 2010, the Brooklyn Center Police Department joined the Hennepin County VOTF. The results of this partnership have been one of the leading factors in the substantial reduction of violent crime in the City. If this agreement is accepted, the VOTF officer will continue to provide information about known violent offenders in the City and, in turn, receive information regarding other violent offenders within Hennepin County and beyond. By working cooperatively, VOTF can obtain the intelligence necessary from multiple agencies to fight violent crime through the enforcement of violent offender laws. Budget Issues: Currently, one sworn police officer from the Brooklyn Center Police Department is assigned to VOTF from the patrol division. Strategic Priorities: • Community Image Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for people and preserves the public trust HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE 2014 CO-OPERA IVE AGREEMENT The Hennepin County Violent Offender Task Force is currently operating under an existing Co-operative Agreement, executed by Hennepin County, on behalf of the Hennepin County Sheriffs Office and the Hennepin County Attorney's Office, the City of Richfield, the City of Brooklyn Park, the City of Brooklyn Center, the City of Golden Valley and the Drug Enforcement Administration (may be referred to herein as the "parties"). The parties to this Co-operative Agreement are units of government responsible for the enforcement of laws in their respective jurisdictions. The parties desire to work cooperatively in the enforcement of violent offender laws including but not limited to the enhancements and crimes set forth in Minnesota Statutes § 609.1095, and, for that purpose, are hereby forming the Hennepin County Violent Offender Task Force. The undersigned governmental units, in the co-operative and mutual exercise of their powers, agree as follows: 1.Name. The name of the co-operative powers entity shall be the Hennepin County Violent Offender Task Force. (HCVOTF). 2.Definitions: a.Officer — means a peace officer, employed by a Member, who is assigned to the Task Force full-time and has been approved by the Task Force Board. b.Board — means the governing board of the Task Force. c.Fiscal Agent — Hennepin County Sheriffs Office agrees to perform this function during the term of this Agreement. d.Member — means a governmental unit that is a signatory to this Agreement or a counterpart. e. Task Force — means the Hennepin County Violent Offender Task Force. f.Task Force Commanders — means one (1) supervisor from the Hennepin County Sheriff's Office. Future Task Force Commanders will be nominated and voted on by the Board. g.Non-Voting Member — means the Drug Enforcement Administration and the Hennepin County Attorney's Office. h.Executive Director — means Hennepin County Sheriff's Office Inspector of Investigations Bureau or his/her designee. i.Director — means member of Governing Board. 3.Members. The current Members of the Task Force are the following governmental units: Hennepin County Sheriff's Office Brooklyn Park Police Department Brooklyn Center Police Department Golden Valley Police Department Richfield Police Department Hennepin County Attorney's Office Drug Enforcement Administration (DEA) 3.1 The Members shall cooperate and use their best efforts to ensure that the various provisions of the Agreement are fulfilled The Members agree to act in good faith to undertake resolution of disputes, if any, in an equitable and timely manner and in accordance with the provisions of this Agreement. 4.Term. 4.1 The term of this Agreement shall be for seven years, commencing January 31, 2014 and teiminating January 30, 2021, unless terminated earlier pursuant to the provisions of this Agreement. This Agreement may be extended by mutual written agreement of the indicated parties' governing bodies for one successive seven year term upon the same terms, conditions, and covenants, unless the Task Force is dissolved prior to expiration of the initial or successive term. 2 4.2 Upon dissolution of the Task Force, the Board shall provide for the distribution of all Task Force funds and assets in the following manner: (1) The Board may determine to sell and liquidate non-monetary assets prior to distribution; and (2) Assets and funds shall be distributed in proportion to the full-time staffing contributions and other financial contributions of each Member to the Task Force determined by the full time equivalent contributions of each current Member. Property owned by Members shall be returned to the Members upon dissolution. A Member whose membership terminates prior to dissolution of the Task Force is entitled to the return of its own property, but is not entitled to any share or portion of Task Force funds or assets. 5. Governing Board. 5.1 The Task Force shall be governed by a Governing Board ("Board"). Members of the Board will be known as "Directors." Except as indicated herein, the Chief Law Enforcement Officer from each Member, or his or her designee, shall serve as a Director. Each Director and, accordingly, each Member agency is allowed no more than one (1) vote, regardless of the number of employees assigned to the Task Force or in attendance at any meeting from the respective Agency. The Director representing the Hennepin County Attorney's Office shall not vote on Board matters but instead shall make recommendations to the Board. 5.2 Directors shall not be deemed employees of, nor compensated by the Task Force. 5.3 The Hennepin County Sheriff shall be the chair of the Board. The Chair's responsibilities include but are not limited to the following: giving notice of meetings when scheduled or otherwise called; calling meetings to order and providing for their orderly and efficient conduct; and providing for the preparation of minutes. 5.4 The Board shall oversee the operational activities of the Task Force and by and through the Task Force Commander shall monitor the progress of the mission and goals established by the Board. 5.5 The Board shall meet on a quarterly basis or more frequently as needed. 5.6 The Board may take action based on the vote of a simple majority. A quorum shall exist, and votes may be taken, if a majority of the Directors or their designees are present. 3 5.7 The Board may recommend changes in this Agreement to its Members. Such changes shall not become effective until the governing body of each Member has, by resolution, approved such changes. 5.8 Non-Voting Members may attend Board meetings. 6. Powers and Duties of the Task Force. 6.1 To accomplish the objectives herein, all Task Force Members shall assign at least one peace officer licensed pursuant to Minnesota Statutes § 626.84, subd.1, or similar licensing statute or regulation, to the Task Force on a full-time basis. The assigned peace officer must comply with Minnesota Statutes § 471.59, subd. 12. 6.2 A typical assignment to the Task Force should be for a minimum period of two years. However, assignments shall be at the pleasure of both the Task Force Board and the Officer's employing agency and may be terminated at any time. 6.3 The Task Force will direct investigative and enforcement activities based on intelligence provided by the Task Force Members with priority given to case investigations that directly impact the Members' Minnesota communities. 6.4 The initial Task Force Commander(s) will be nominated by the Hennepin County Sheriff's Office and approved by the Board. The Task Force Commander shall be responsible for the day to day operations of the Task Force and provide the overall direction and supervision of the Task Force officers. Future Task Force Commanders will be nominated by the Hennepin County Sheriff's Office and approved by the Board. The Task Force Commander's duties shall include, but not be limited to: (a)Guiding and directing the activities of personnel assigned to the Task Force; (b)Establishing and monitoring goals, priorities, budgets, operational policies and procedures and work assignments; (c)Reviewing and approving reports; (d)Scheduling assigned personnel; (e) Providing input on employee evaluations, if requested; Allocating overtime work, if necessary. 6.5 The Task Force shall cooperate with other federal, state, and local law enforcement agencies to accomplish the purpose for which the Task Force is organized. 4 6.6 The governmental unit serving as the Fiscal Agent shall cause to be made an annual audit of the books and accounts of the Task Force and shall make and file a report to its Members which includes the following information: (a)The financial condition of the Task Force; (b)The status of all Task Force projects; (c)The business transacted by the Task Force; (d)Quarterly financial report; (e) Other matters which affect the interests of the Task Force. 6.7 The Task Force's books, reports, and records shall be open to inspection by its Members at all reasonable times. 6.8 Nothing herein is intended or should be construed in any manner as creating or establishing the relationship of co-partners between the parties hereto or as constituting one of the Members as the agent, representative or employee of another Member for any purpose or in any manner whatsoever. Personnel assigned to the Task Force by one of the Members shall not be considered temporary or permanent employees of any other Member for any purpose whatsoever or be entitled to tenure rights or any rights or ,benefits by way of workers' compensation, re-employment insurance, medical and hospital care, sick and vacation leave, severance pay, PERA or any other right or benefit of another Member. 6.9 The Members acknowledge and agree that it is their sole responsibility to provide all salary compensation and fringe benefits to their separate employees. Benefits may include, but are not limited to: health care, disability insurance, life insurance, re-employment insurance, FICA, Medicare, and PERA. 6.10 The Members acknowledge and agree that it is their responsibility to provide the equipment necessary to enable their assigned employee to complete their duties. 6.11 The Members acknowledge and agree that Hennepin County will provide initial start-up funds, to include co-located headquarter space. 6.12 The parties acknowledge and agree that entering into and carrying out the terms and conditions of this Agreement will not violate or constitute a breach of any obligation binding the party and shall comply with all applicable federal, state, and local laws including but not limited to Minnesota Statutes 471.59. 5 6.13 The Task Force adopts the policy and procedure guidelines established by the Minnesota Department of Public Safety Gang and Drug Oversight Council. (See generally Minnesota Statutes, Chapter 299A.641, as amended or updated.) 6.14 The Task Force shall process all seized cash, physical assets and evidence through the normal evidence handling procedures within the Hennepin County Sheriff's Office. Seizures of cash, real property and personal property must be done in accordance with all applicable laws and regulations. The Task Force shall promptly report forfeitures in accordance with MN. Statute 609.5315, subd. 6. 7. Liability. 7.1 Each Member agrees that it will be responsible for its own acts and the acts of its officers and employees and any liability resulting therefrom to the extent authorized by law and shall not be responsible for the acts of the other Member or any liability resulting therefrom. Each Member acknowledges and agrees that it is insured or self-insured consistent with the limits established in Minnesota state statute. Each Member agrees to promptly notify all other Members if it becomes aware of any potential Task Force related claims, or facts giving rise to such claims. 7.2 Each Member shall be responsible for injuries to or death of its own personnel. Each Member will maintain workers' compensation insurance or self-insurance coverage, covering its own personnel while they are assigned to the Task Force or are otherwise participating in or assisting with Task Force operations or activities. Each Member waives the right to, and agrees that it will not, bring any claim or suit against the Task Force or any other Member for any workers' compensation benefits paid to its own employee or dependents, that arise out of participation in or assistance with Task Force operations or activities, even if the injuries were caused wholly or partially by the negligence of any other Member or its officers, employees, or volunteers. 7.3 Each Member shall be responsible for damages to or loss of its own equipment. Each Member waives the right to, and agrees that it will not, bring any claim or suit against the Task Force or any other Member for damages to or loss of its equipment arising out of participation in or assistance with Task Force operations or activities, even if the damages or 6 losses were caused wholly or partially by the negligence of any other Members or its officers, employees, or volunteers. 7.4 As applicable, under no circumstances shall a party be required to pay any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to any one party. The statutory limits of liability for some or all of the parties may not be added together or stacked to increase the maximum amount of liability for any party. 8.Finances. 8.1 Task Force operations will be financed from funds and resources contributed by Members. Members shall provide Officers to be assigned to the Task Force. 8.2 The Fiscal Agent shall serve as sole administrator of all funds contributed by Task Force Members or otherwise received by the Task Force, and in such capacity is authorized to receive all funds for deposit and make disbursements therefrom in accordance with Hennepin County policy and generally accepted accounting principles. In conjunction therewith, the Fiscal Agent shall maintain current and accurate records of all obligations and expenditures of Task Force funds in accordance with Hennepin County policy and generally accepted accounting principles. It shall also produce quarterly financial and statistical reports which shall be disseminated to the Board. The Task Force shall maintain all such reports and related records for a period of six (6) years after dissolution of the Task Force. 9.Officers. 9.1 The Task Force shall refer disciplinary matters or other instances of misconduct involving an Officer to the Officer's Chief Law Enforcement Officer for investigation, referral, or disposition. However, nothing herein shall be construed to prevent the Task Force from reporting suspected criminal conduct directly to an outside agency for investigation. 9.2 Officers will be responsible for focused investigation on targeted violent offenders, including intelligence management, case development, and case charging. Officers may also assist other Officers in surveillance and undercover operations. Task Force Officers will work cooperatively with assisting agencies. Officers acting under this Agreement in the jurisdiction of another Member are acting in the line of duty and in the course of employment and are authorized to exercise the powers of a peace officer therein. 10.Forfeiture, Seizures and Fines. All proceeds generated by Task Force operations shall be returned to the Task Force. When the Task Force seizes property or funds in cooperation with other law enforcement agencies, the Task Force Board will negotiate the distribution of the forfeited funds with those agencies. 11.Additional Members and Change in Membership. 11.1 A governmental unit may join the Task Force and become a Member upon approval by the Governing Board and execution of a copy of this Agreement by its governing body. 11.2 The Governing Board may involuntarily terminate a Member if that Member has failed to provide a minimum of one Officer to staff the Task Force for more than 12 consecutive months. 11.3 In any case in which a party identified in paragraph 3 joins the Task Force after the effective date of this Agreement or any other governmental unit joins the Task Force pursuant to paragraph 11.1, contributions by and reimbursement to such Members shall be equitably determined and adjusted by the Board to reflect the participation by that Member for less than one full year. The decision of the Board shall be final. 11.4 A Member may, upon ninety (90) days' written notice to all other Members, withdraw and cancel its participation in this Agreement with or without cause. 12. Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original, all of which shall constitute but one and the same instrument. IN WITNESS WHEREOF, the undersigned governmental units, by action of their governing bodies, caused this Agreement to be executed. (signatures continued on the following page) 8 HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE AGREEMENT CITY OF BROOKLYN PARK The Brooklyn Park City Council duly approved this Agreement on the day of , 2014. City of Brooklyn Park Approved as to form and legality: By: Brooklyn Park City Attorney Its Mayor And: Its City Manager (signatures continued on the following page) 9 HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE AGREEMENT CITY OF BROOKLYN CENTER The Brooklyn Center City Council duly approved this Agreement on the day of , 2014. City of Brooklyn Center Approved as to form and legality: By: Brooklyn Center City Attorney Its Mayor And: Its City Manager (signatures continued on the following page) 10 HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE AGREEMENT CITY OF RICHFIELD The Richfield City Council duly approved this Agreement on the day of , 2014. City of Richfield Approved as to form and legality: By: Richfield City Attorney Its Mayor And: Its City Administrator (signatures continued on the following page) 11 HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE AGREEMENT CITY OF GOLDEN VALLEY The Golden Valley City Council duly approved this Agreement on the day of , 2014. City of Golden Valley Approved as to form and legality: By: Golden Valley City Attorney Its Mayor And: Its City Administrator (signatures continued on the following page) 12 HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE AGREEMENT UNITED STATES DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION The Drug Enforcement Administration duly approved this Agreement on the day of , 2014 Drug Enforcement Administration Approved as to fowl and legality: By: Its DirectorDOJ Attorney (signatures continued on the following page) 13 HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE AGREEMENT Hennepin County Board Approval Task Force Members, having signed this Agreement, and the Hennepin County Board of Commissioners having duly approved this Agreement on behalf of the Hennepin County Sheriff's Office and the Hennepin County Attorney's Office on the day of , 2014 and pursuant to such approval, the proper County officials having signed this Agreement, the parties hereto agree to be bound by the provision herein set forth. County of Hennepin State of Minnesota Reviewed by County Attorney's Office: Chair of its County Board Assistant County Attorney And: Assistant/Deputy/County Commissioner And: Hennepin County Sheriff Attest: Deputy/Clerk of County Board 14 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE ADOPTION OF THE HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE CO-OPERATIVE AGREEMENT WHEREAS, it has been proposed that the City adopt the Hennepin County Violent Offender Task Force Co-operative Agreement; and WHEREAS, Violent Offender Task Force officers collaborate with and obtain information from other agencies to improve the safety of the City of Brooklyn Center; and WHEREAS, Violent Offender Task Force officers can extend the range of intelligence to better prevent violent crime and enforce violent offender laws. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the City Manager and Police Chief are hereby authorized to accept and implement the proposed Hennepin County Violent Offender Task Force Co-operative Agreement. July 14, 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 Coumeii Agenda Item No. 6m COUNCIL ITEM MEMORANDUM DATE: July 9, 2014 TO: Curt Boganey, City Manager FROM: Kevin Benner, Chief of Police SUBJECT: MN Internet Crimes Against Children Task Force Joint Powers Agreement Recommendation: It is recommended that the City Council consider adoption of the Minnesota Internet Crimes Against Children Task Force ("ICAC") Joint Powers Agreement. The purpose of this agreement is to work cooperatively with the other law enforcement agencies in the State of MN to combat internet related crimes against children. Background: On September 16, 2013, the Minnesota Department of Public Safety received a grant award of $347,101 from the Office of Justice Programs for funding to address internet crimes against children. In May of 2014, the Minnesota Department of Public Safety identified the Brooklyn Center Police department as a law enforcement agency with staff who had demonstrated advanced skills in fighting Internet related crimes against children. The State followed that recognition with an invitation to join their Internet Crimes Against Children Task Force. There are ICAC task forces in every state in the US and all rely on the partnership with key law enforcement agencies. As part of joining the MN ICAC task force, the Brooklyn Center Police Department will receive advanced computer forensic software and training all paid for from the grant issued from the Office of Justice Programs. There will be no increase in Brooklyn Center Police staff needs to accommodate the requirements of this Joint Powers Agreement. Budget Issues: There are no budget issues to consider. Strategic Priorities: • 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 AUTHORIZING THE ADOPTION OF THE MINNESOTA INTERNET CRIMES AGAINST CHILDREN TASK FORCE MULTI- AGENCY LAW ENFORCEMENT JOINT POWERS AGREEMENT WHEREAS, it has been proposed that the City adopt the Minnesota Internet Crimes Against Children Task Force Multi-Agency Law Enforcement Joint Powers Agreement; and WHEREAS, Minnesota Internet Crimes Against Children Task Force officers collaborate with and obtain information from other agencies to improve the safety of the City of Brooklyn Center; and WHEREAS, Minnesota Internet Crimes Against Children Task Force officers can extend the range of intelligence to better prevent internet crimes against children and enforce offender laws. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the City Manager and Police Chief are hereby authorized to accept and implement the proposed Minnesota Internet Crimes Against Children Task Force Multi-Agency Law Enforcement Joint Powers Agreement. July 14, 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. Contract No. 79640 Minnesota Internet Crimes Against Children Task Force Multi -Agency Law Enforcement Joint Powers Agreement This Multi-Agency Law Enforcement Joint Powers Agreement, and amendments and supplements thereto, ("Agreement") is between the State of Minnesota, acting through its Commissioner of Public Safety, Bureau of Criminal Apprehension ("Grantee"), empowered to enter into this Agreement pursuant to Minn. Stat. § 471.59, Subd. 10 & 12, and City of Brooklyn Center, acting through its Brooklyn Center Police Depaament, located at 6645 Humboldt Ave. N., Brooklyn Center, 55430. ( "Undersigned Law Enforcement Agency"), empowered to enter into this Agreement pursuant to Minn Stat. § 471.59, subd. 10, Whereas, the above subscribed parties have joined together in a multi-agency task force intended to investigate and prosecute crimes committed against children and the criminal exploitation of children that is committed and/or facilitated by or through the use of computers, and to disrupt and dismantle organizations engaging in such activity; and Whereas, the undersigned agencies wee to utilize applicable state and federal laws to prosecute criminal, civil, and forfeiture actions against identified violators, as appropriate; and Whereas, the Grantee is the recipient of a federal grant (attached to this Agreement as Exhibit A) disbursed by the Office of Juvenile Justice and Delinquency Prevention ("OJJDP") in Washington, D.C. to assist law enforcement in investigating and combating the exploitation of children which occurs through the use of computers by providing funding for equipment, training, and expenses, including travel and overtime funding, which are incurred by law enforcement as a result of such investigations; and Whereas, the OJJDP Internet Crimes Against Children ("ICAC") has established a Working Group of Directors representing each of the existing ICAC Task Forces to oversee the operation of the grant and sub-grant recipients; and the State of Minnesota, acting through its Commissioner of Public Safety, Bureau of Criminal Apprehension has designated Donald Cheung as the Commander of the Minnesota ICAC Task Force. Now Therefore, the parties agree as follows: 1.The Undersigned Law Enforcement Agency approves, authorizes, and enters into this Agreement with the purpose of implementing a three-pronged approach to combat Internet Crimes Against Children: prevention, education and enforcement; and 2.The Undersigned Law Enforcement Agency shall adhere to the Minnesota ICAC Task Force Program Standards contained in Exhibit B attached to this Agreement, in addition to complying with applicable Minnesota state and federal laws in the performance of this Page 1 of 5 Contract No. 79640 Agreement, including conducting undercover operations relative to ICAC, ; a list of Regional ICAC Task Force, Minnesota State Affiliate Agency and Training & Technical Assistance Program contact infoimation is available at http://www.ojjdp.gov/programs/progsummary.asp?pi=3#Resources; and 3.Exhibits A and B are incorporated into this Agreement and made a part thereof. In the event of a conflict between this Agreement and the Exhibits, the terms of the Exhibits prevail; and 4.The Undersigned Law Enforcement Agency and the Grantee agree that each party will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of any others and the results thereof. The Grantee's liability shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, Section 3.736, and other applicable law. The Undersigned Law Enforcement Agency's liability shall be governed by the provisions of the Municipal Tort Claims Act, Minnesota Statutes, Section 466.01 - 466.15, and other applicable law; and 5.All members of the Undersigned Law Enforcement Agency shall continue to be employed and directly supervised by the same Law Enforcement Agency employer which currently employs the member performing Minnesota ICAC Task Force assignments; and all services, duties, acts or omissions perfolined by the member will be within the course and duty of that employment, and therefore, are covered by the Workers Compensation programs of that employer; will be paid by that employer and entitled to that employer's fringe benefits; and 6.The Undersigned Law Enforcement Agency must first submit a written request for funds and receive approval for the funds from the Grantee to receive any funds from the Grantee; and 7.The Undersigned Law Enforcement Agency must supply original receipts to be reimbursed on pre-approved requests. Approved reimbursement will be paid directly by the Grantee to the Undersigned Law Enforcement Agency within 30 days of the date of invoice, with payment made out to the City of Brooklyn Center and mailed to the Brooklyn Center Police Department, 6645 Humboldt Ave. N., Brooklyn Center, MN, 55430. 8.The Undersigned Law Enforcement Agency shall maintain accurate records pertaining to prevention, education, and enforcement activities, to be collected and forwarded monthly to the Minnesota ICAC Task Force Commander or his designee for statistical reporting purposes; and 9.The Undersigned Law Enforcement Agency shall participate fully in any audits required by the OJJDP. In addition, under Minn. Stat. § 16C.05, subd. 5, the Undersigned law Enforcement Agency's books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the Grantee and/or the Minnesota State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end date of this Agreement; and 10.The Undersigned Law Enforcement Agency shall make a reasonable good faith attempt to be represented at any scheduled regional meetings in order to share information and resources Page 2 of 5 Contract No. 79640 amongst the multiple entities; and 11.The Undersigned Law Enforcement Agency shall be solely responsible for forwarding information relative to investigative targets to the Child Pornography Pointer System (CPPS) pursuant to the OJJDP guidelines; and 12.The Undersigned Law Enforcement Agency shall provide the Minnesota ICAC Task Force Commander in a timely manner all investigative equipment that was acquired through OJJDP grant funding; in the event that future federal funding is no longer available, the Undersigned Law Enforcement Agency decides to dissolve its binding relationship with the Minnesota ICAC Task Force and the State of Minnesota Department of Public Safety, or the Undersigned Law Enforcement Agency breaches the Agreement. 13. That the Grantee may reimburse, the Undersigned Law Enforcement Agency for the following duties: A.Investigations by the Undersigned Law Enforcement Agency under this agreement should be conducted in accordance with the OJJDP ICAC Task Force Program Standards contained in Exhibit B, and concluded in a timely manner. The Undersigned Law Enforcement Agency will only be reimbursed by the Grantee for overtime hours inclusive of fringe benefits of actual hours and/or actual expenses incurred related to performing Minnesota ICAC Task Force assignments and/or training approved by the Minnesota ICAC Task Force Commander through the term of this agreement or until all Federal funds under the OJJDP grant have been expended, whichever comes first. B.The Grantee has a TOTAL Expense Budget of $347,101.00 that was approved under the OJJDP Internet Crimes Against Children ("ICAC") Grant for investigative hours and expense reimbursement. The Undersigned Law Enforcement Agency participating in the Minnesota ICAC Task Force investigations will be reimbursed by the Grantee for actual costs as defined in Clause 13, Section A., to the extent such actual costs have been reviewed and approved by the Minnesota ICAC Task Force Commander. 14. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original agreement, or their successors in office. 15.The Undersigned Law Enforcement Agency and the Grantee may terminate this Agreement at any time, with or without cause, upon 30 days' written notice to the other party. 16.Terms of this agreement: This Agreement shall be effective on the date the Undersigned Law Enforcement Agency obtains all required signatures under Minn. Stat. § 16C.05, Subd. 2, and shall remain in effective through May 31, 2016 unless teuninated or canceled. Upon the effective date of this Agreement, the Undersigned Law Enforcement Agency will be entitled to reimbursements approved by the Grantee dating back to July 1, 2013 for overtime Page 3 of 5 Contract No. 79640 salary including fringe benefits, equipment, training and expenses to the extent Grantee has available funds to pay such and they have been approved consistent with Clause13, Section B. Nothing in this Agreement shall otherwise limit the jurisdiction, powers, and responsibilities normally possessed by an employee as a member of the Undersigned Law Enforcement Agency. 1. Undersigned Law- Enforcement Agency Undersigned Law Enforcement Agency certifies that the appropriate person(s) have executed the Agreement on behalf of the Undersigned Law Enforcement Agency and its jurisdictional government entity as required by applicable articles, laws, by-laws, resolutions, or ordinances. By and Title Date Undersiqped Law Enforcement Agency Title: Date City of Brooklyn Center Title: Date City of Brooklyn Center DateMayor or Board Chair City of Brooklyn Center Page 4 of 5 Contract No. 79640 2.Department or Public Safety, Bureau of Criminal Apprehension Name: Signed: Title: (With delegated authority) Date 3.Commissioner of Administration By and Title Date MN Department of Administration (With delegated authority) Page 5 of 5 Department of Justice Office of Justice Programs Office of the Assistant Attomey General inshington, D.C. 2031 September 16, 2013 Mr. Wade Setter Minnesota Department of Public Safety 1430 Maryland Avenue E Saint Paul, MN 55106-2802 Dear Mr, Setter: On behalf of Attorney General Eric Holder, it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the FY 13 Internet Crimes Against Children Task Force Invited Awards in the amount of $347,101 for Minnesota Department of Public Safety. Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash-on-hand, Should you not adhere to these requirements, you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. If you have questions regarding this award, please contact: - Program Questions, Scott Pestridge, Program Manager at (202) 514-5655; and - Financial Questions, the Office of the Chief Financial Officer, Customer Service Center (CSC) at (800) 458-0786, or you may contact the CSC at ask.ocfo®usdoj.gov . Congratulations, and we look forward to working with you. Sincerely, Karol Virginia Mason Assistant Attorney General Enclosures h;b4 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE Internet Crimes Against Children Program OPERATIONAL AND INVESTIGATIVE STANDARDS ICAC Program Operational and Investigative Standards FOR LAW ENFORCEMENT PURPOSES ONLY Last Update: May 31, 2011 Page 1 of 14 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE Definitions As used herein, the following defmitions shall apply: "OJJDP" is the Office of Juvenile Justice and Delinquency Prevention. "NCMEC" is the National Center for Missing and Exploited Children. "CEOS" is the Child Exploitation and Obscenity Section of the Criminal Division of the Department of Justice. "Commander" is the individual designated as the leader of the state or regional ICAC Task Force "Supervisor" is any manager responsible for supervising personnel involved in ICAC related cases. "ICAC" is the Internet Crimes Against Children program composed of Task Forces and Affiliates. "TASK FORCE" is defined as an ICAC law enforcement agency designated by 011DP to act as the State and/or Regional Task Force. "AFFILIATE" is defined as a law enforcement agency that is working in partnership with a Task Force and has agreed in writing to adhere to ICAC Operational and Investigative Standards. "PARTNER" is defined as an agency assisting a Task Force absent a written agreement. "NATIONAL INITIATIVE" is defined as any investigative proposal that relies on the cooperation and resources of all Task Forces or mandates action by OJTDP, "Unlawful images, contraband images, images depicting the sexual exploitation of minors" Any visual depiction of child sexual exploitation as defined by federal and/or state statute. "CVIP" is the Child Victim Identification Program operated by the National Center for Missing & Exploited Children. "CYBERTIPLINE" is a reporting mechanism for cases of online child sexual exploitation and enticement operated by the National Center for Missing & Exploited Children. For the purposes of this program, crime is defmed as any offense that involves the exploitation of children facilitated by technology. ICAC Program Operational and Investigative Standards FOR LAW ENFORCEMENT PURPOSES ONLY Last Update: May 31, 2011 Page 2 of 14 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE Investigative interest is established when there is reasonable suspicion that a screen name or other potentially identifiable entity has committed a crime or that entity is engaged in a sequence of activities that is likely to result in the commission of a crime. A proactive investigation is designed to identify, investigate and prosecute offenders that may or may not involve a specific target, and requires online interaction and a significant degree of pre-operative planning. A reactive investigation involves the investigation of a complaint of a crime. Reasonable suspicion is established when sufficient facts exist to lead a law enforcement officer to believe that an individual or organization is involved in a definable criminal activity. ICAC Program Operational and Investigative Standards FOR LAW ENFORCEMENT PURPOSES ONLY Last Update: May 31, 2011 Page 3 of 14 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 1. Oversight 1.1 Each ICAC agency shall have supervisory systems and procedures that shall provide for observation, documentation, and periodic review of ICAC activity. Such system should comply with the principles of quality case management and ensure that ICAC activities comply with both agency and ICAC Operational and Investigative Standards (hereto forth, "the Standards"). 1.2 Task Forces shall submit all proposed national initiatives to °EDP prior to project initiation. 1.3 0J-JDP may suggest amendments to the original proposal following consultation with the presenting Task Force and other federal, state, and local entities. ICAC Program Operational and Investigative Standards FOR LAW ENFORCEMENT PURPOSES ONLY Last Update: May 31, 2011 Page 4 of 14 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 2. Selection and Retention of ICAC Task Force Personnel 2.1 Supervisors should evaluate prospective ICAC candidates for work history that indicates prior investigative experience, court testimony skills, ability to handle sensitive information prudently, and a genuine interest in the protection of children, and an understanding of the hat wful effects of unlawful images. 2.2 Given the graphic nature of evidence routinely encountered in ICAC related investigations, the mental health of all personnel involved in such cases is a concern. ICAC supervisors are encouraged to make reasonable efforts to inform assigned personnel about departmental employee assistance program policies, procedures, and services available to them. 2.3 ICAC supervisors and/or his/her designee should work to ensure the long term well- being of any individuals involved with ICAC related child sexual exploitation investigations. The following recommendations are encouraged: •Workspace considerations - The physical location in an office should be conducive to feeling comfortable while at work. •Preparation for new employees - Develop an interview process in that the potential candidate is educated about the true nature of the crime. •Work flexibility - Allowing investigators and others who are exposed to unlawful images, contraband images, images depicting the sexual exploitation of minors to have flexibility (e.g. frequent breaks, having an open-door policy, etc.) •Educating colleagues - Colleagues should be aware that viewing of child sexual abuse images should be treated as serious, restricted and stressful. •Work with Mental Health Providers (MHP) — In compliance with local agency guidelines work with MHP to make recommendations for care of unit staff and provide education/training regarding self-care and stress management, etc. •Best Practices - ICAC Commanders and supervisors are encouraged to share or seek out any daily office practices used by them or other ICAC Task Forces that can promote mental health and wellbeing. •Training — Encourage attendance at trainings that discuss the specific stressors associated with exposure to images or videos depicting child sexual abuse. ICAC Program Operational and Investigative Standards FOR LAW ENFORCEMENT PURPOSES ONLY Last Update: May 31, 2011 Page 5 of 14 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 3. Training 3.1 All professional and administrative personnel assigned responsibilities associated with ICAC operations shall be required to read and comply with the Standards. Additionally, all training program curriculum supported by ICAC resources shall be consistent with the Standards, and approved by ONDP or, in instances of local training, the Commander. 3.2 Commanders are responsible for ensuring that the individuals nominated for ICAC sponsored training are employed by agencies that have agreed in writing to adhere to the Standards and that any prerequisite requirements for the training session have been met. 3.3 ICAC task forces may develop and deliver regional training. The training shall comply with the Standards. Any subsequent support required as a result of the regional training shall be the responsibility of the task force providing the training. ICAC Program Operational and Investigative Standards FOR LAW ENFORCEMENT PURPOSES ONLY Last Update: May 31, 2011 Page 6 of 14 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 4. Case Management 4.1 Case Predication and Prioritization Factors 4.1.1 Cases may be initiated by referrals from the CyberTipline, Internet service providers, or other law enforcement agencies, and by information gathered through subject interviews, documented public sources, direct observations of suspicious behavior, public complaints, or by any other source acceptable under agency policies. 4.1.2 Supervisors are responsible for determining investigative priorities and selecting cases for investigation. Assuming the information is deemed credible, that determination should begin with an assessment of victim risk and should also consider other factors such as jurisdiction and known offender behavioral characteristics. The following factors should be considered: •A child is believed to be at immediate risk of victimization •A child is vulnerable to victimization by a known offender •A known suspect is aggressively soliciting a child(ren) •Manufacturers, distributors or possessors of images that appear to be home photography with domiciled children •Aggressive, high-volume unlawful images, contraband images, images depicting the sexual exploitation of minors, manufacturers or distributors who either are commercial distributors, repeat offenders, or specialize in sadistic images •Manufacturers, distributors and solicitors involved in high-volume trafficking or belong to an organized group sharing unlawful images, contraband images, images depicting the sexual exploitation of minors ring that operates as a criminal conspiracy. •Distributors, solicitors and possessors of unlawful images, contraband images, images depicting the sexual exploitation of minors •Any other form of technology facilitated child sexual victimization ICAC Program Operational and Investigative Standards FOR LAW ENFORCEMENT PURPOSES ONLY Last Update: May 31, 2011 Page 7 of 14 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 4.2 Record Keeping 4.2.1 ICAC agencies shall be subject to existing agency incident reporting procedures and case supervision systems. At a minimum, a unique identifier shall be assigned to each ICAC case. 4.2.2 All affiliated agencies will report their activity to the respective Task Force Commander by the 10th of each month using the ICAC Monthly Performance Measures Report. 4.2.3 Task Forces will compile and submit their monthly performance measures report to the OJJDP designated location before the end of the following calendar month. This monthly report does not replace the semi-annual progress report required by the Office of Justice Program's Financial Guide. 4.2.4 ICAC Case Tracker — Task Forces will compile and submit information on all cases referred for local, state, or federal prosecution. Information is required for all cases referred by the grant receiving agency, as well as all affiliates that received more than $20,000 a year, or any affiliate the Commander selects to include. The report is on-going and begins with the prosecutorial agency the case is referred to and continues through the final disposition of the case. This on-going quarterly report will be due within 30 days of the end of the quarter and does not replace either the semi-annual progress report required by the Office of Justice Program's Financial Guide, nor does it replace the Monthly Performance Measures Report (see 4.2.3 above). 4.3 Undercover Investigations 4.3.1 Carefully managed undercover operations conducted by well-trained officers are among the most effective techniques available to law enforcement for addressing ICAC offenses. 4.3.2 Supervisors are responsible for ensuring that ICAC investigators receive a copy of the Standards. 4.3.3 ICAC investigations shall be conducted in a manner consistent with the principles of law and due process. 43.4 The following minimum standards apply to ICAC investigations: a. Only sworn, personnel shall conduct ICAC investigations in an undercover capacity. Private citizens shall not be asked to seek out investigative targets, nor shall they be authorized to act as police agents in an online undercover capacity. ICAC Program Operational and Investigative Standards FOR LAW ENFORCEMENT PURPOSES ONLY Last Update: May 31, 2011 Page 8 of 14 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE b.ICAC personnel shall not electronically upload, transmit, or forward any contraband. This does not prohibit the transfer of evidence between law enforcement officials as provided by section 4.4.4 of these Standards. c.Other than images or videos of individuals, age 18 or over, which have provided their informed written consent, and at the time consent was given were employed by a criminal justice agency, no actual human images or videos shall be utilized in an investigation. Employee is defined as a sworn, or compensated individual, or any individual working under the direction and control of a law enforcement agency. d.Absent prosecutorial input to the contrary, during online dialogue, undercover officers should allow the investigative target to set the tone, pace, and subject matter of the online conversation. Image transfer shall be initiated by the target. e.Undercover online activity shall be recorded and documented. Any departures from this policy due to unusual circumstances shall be documented in the relevant case file and reviewed by an ICAC supervisor. 4.4 Evidence Procedures 4.4.1 The storage, security, and destruction of investigative information shall be consistent with agency policy. Access to files should be restricted to authorized personnel. 4.4.2 The examination of computers and digital media shall be consistent with agency policy and procedure. 4.4.3 Unlawful images or images depicting the sexual exploitation of minors are considered contraband, and should be maintained pursuant to each agency's policies regarding such. It is recommended that absent a court order specifically ordering otherwise, evidence containing unlawful images, contraband images, images depicting the sexual exploitation of minors shall not be released to any defendant or representative thereof. 4.4.4 The transfer of evidence containing unlawful images, contraband images, and images depicting the sexual exploitation of minors among law enforcement shall be done in a secure manner. Methods of transfer may include hand-delivery, electronic transmission of digitally protected files, delivery via a service that tracks the shipment, or other methods consistent with agency policy and practices. 4.5 Workspace and Equipment 4.5.1 ICAC equipment will be reserved for the exclusive use of agency and/or designated ICAC personnel. When possible, undercover equipment and online accounts shall be ICAC Program Operational and Investigative Standards FOR LAW ENFORCEMENT PURPOSES ONLY Last Update: May 31, 2011 Page 9 of 14 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE purchased covertly. No personally owned equipment shall be used in ICAC investigations and all software shall be properly acquired and licensed. 4.5.2 ICAC personnel shall not use ICAC computers, software, or online accounts for personal use. 4.5.3 Absent exigent or unforeseen circumstances, all ICAC investigations should be conducted in a professional and ethical manner in an approved workspace as designated by a Supervisor. Alternative workspace policies may be developed and approved by the Commander (in consultation with OHDP when appropriate) to allow for investigations to continue during event driven instances where the physical location of the investigator may vary. ICAC Program Operational and Investigative Standards FOR LAW ENFORCEMENT PURPOSES ONLY Last Update: May 31, 2011 Page 10 of 14 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 5. Information Sharing 5.1 Conventional boundaries are virtually meaningless in the electronic world of the Internet and the usual constraints of time, place, and distance lose their relevance. These factors increase the possibility of ICAC agencies targeting one another, investigating the same subject, or inadvertently disrupting at ongoing investigation. To foster coordination, collaboration, and communication, each ICAC agency shall make every effort to deconflict all active investigations. 5.2 When a common target is identified, the agency should consider contacting other local, state, and federal agencies that may be involved in an investigation of the same target. 5.3 When transferring an ICAC investigation to another agency, the appropriate ICAC Commanders shall be notified that a referral has occurred. ICAC Program Operational and Investigative Standards FOR LAW ENFORCEMENT PURPOSES ONLY Last Update: May 31, 2011 Page 11 of 14 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 6. Victim Identification 6.1 Identifying child victims is a critical element of the ICAC Program. DOJ and OJJDP require all Task Forces and affiliates to submit child victim images to the Child Victim Identification Program (CVIP) as a means to improve child victim identification. Absent exigent circumstances, child victim images will be sent to the CVIP consistent with NCMEC guidelines. In addition, ICAC agencies are encouraged to collaborate with NCMEC to identify children depicted in unlawful images, contraband images, images depicting the sexual exploitation of minors. 6.2 A focus of the ICAC Program is to protect children. In circumstances where reporting of child abuse is not required under existing laws, ICAC agencies are strongly encouraged to report instances where a child may be at risk for abuse or exploitation. 6.3 Absent exigent circumstances, victim-identifying infoimation should be protected from public disclosure. 6.4 Adhere to state and federal victimization notification and assistance laws.7. ICAC Program Operational and InCiestigative Standards FOR LAW ENFORCEMENT PURPOSES ONLY Last Update: May 31, 2011 Page 12 of 14 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE Community Education and Crime Prevention 7.1 Prevention education activities are a critical component of the OJJDP ICAC Program. ICAC agencies should foster awareness and provide practical, relevant guidance to children, parents, educators, librarians, and other individuals concerned about child safety issues. 7.2 Presentations to school staff, parents, and community groups are excellent ways to promote awareness. These presentations shall not depict identifiable victims, not otherwise in the public domain, nor shall they use pornographic or sexually explicit images. Presenters shall not discuss confidential investigative techniques. 7.3 No member of an ICAC Task Force may endorse any product or service without the express consent of an OJJDP Program Manager, While appearing at public presentations, ICAC members may indicate a preference for a product or service, but to avoid an implicit endorsement, such ICAC members should indicate adequate alternatives. 7.4 The materials and presentation should be consistent with the national ICAC goals as outlined below: Purpose of the ICAC Program The mission of the Internet Crimes Against Children (ICAC) Task Force program is to assist state and local law enforcement agencies in developing an effective response to cyber enticement and the production, possession, and distribution of unlawful images, contraband images, and images depicting the sexual exploitation of minors. This support encompasses forensic and investigative components, training and technical assistance, victim services, prevention and community educations Background on the ICAC Program The Internet Crimes Against Children (ICAC) program is a national network of 61 coordinated local task forces and nearly 3,000 local and regional affiliated agencies engaged in both proactive and reactive investigations, forensic examinations, effective prosecutions and community education. The ICAC Program was developed in response to the increasing number of children and teenagers using the Internet, the proliferation of unlawful images, contraband images, images depicting the sexual exploitation of minors, and the heightened online activity by predators searching for unsupervised contact with underage victims. By helping state and local law enforcement agencies develop effective and sustainable responses to online child victimization and unlawful images, contraband images, images depicting the sexual exploitation of minors, the ICAC program delivers national resources at the local level. The ICAC program actively protects children who use the Internet by proactively investigating the online sexual exploitation of children by predators. Because ICAC practitioners understand that arrests alone cannot resolve the problem of on-line victimization, the ICAC program is dedicated to training law enforcement and educating parents and youth about the potential dangers online and offering safety tools. ICAC Program Operational and Investigative Standards FOR LAW ENFORCEMENT PURPOSES ONLY Last Update: May 31, 2011 Page 13 of 14 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 8. Media Relations and Releases 8.1 Media releases relating to prosecutions, crime alerts or other matters concerning ICAC operations shall not include information regarding confidential investigative techniques and should be coordinated (when applicable) with other Task Force participants, Federal law enforcement agencies, and State and local agencies involved in the investigation consistent with sound information management and media relations practices. 8.2 Commanders and supervisors (or their designees) may speak to members of the media about their own departments' ICAC-related activities according to their own agency's guidelines. No individual affiliated with the ICAC program may speak on behalf of the ICAC Program as a whole. 8.3 Commanders should info in an OJJDP Program Manager if approached by national media outlets about the ICAC Program (as opposed to media seeking information about local activities) so that a coordinated national response can be prepared by OJP. 8.4 Information provided by ICACs to the media shall be consistent with the information provided in Section 7.4. ICAC Program Operational and Investigative Standards FOR LAW ENFORCEMENT PURPOSES ONLY Last Update: May 31, 2011 Page 14 of 14 City Council Agenda Item No. 7a COUNCIL ITEM MEMORANDUM DATE: July 8, 2014 TO: Curt Boganey, City Manager FROM: Kevin Benner, Chief of Police SUBJECT: Recognition for Retiring Sergeant Peggy Labatt Recommendation: It is recommended that the City Council consider recognizing Sergeant Peggy Labatt for 20 years of her service to the City of Brooklyn Center. Background: Please find attached, a City Council resolution expressing appreciation to Sergeant Peggy Labatt for her 20 years of service with the Brooklyn Center Police Department. Sergeant Peggy Labatt suffered a career ending injury on August 2, 2012, when her patrol squad was struck by a drunk driver. After nearly two years of hard rehabilitation efforts by Sergeant Labatt, the injuries she sustained have been determined too severe to return to police work. Sergeant Labatt started her police career with the Brooklyn Center Police Department on January 11, 1994. Over the years of dedicated service, she has held the title of Patrol Officer, Detective, and finally Sergeant. Sergeant Labatt served many roles while working at the police department to include a field training officer, hostage negotiator, and the Domestic Abuse Response Team (DART) coordinator. Budget Issues: There are no budget issues to consider. Strategic Priorities: 0 Not Applicable Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for allpeople and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF SERGEANT PEGGY LABATT FOR TWENTY YEARS OF PUBLIC SERVICE TO THE CITY OF BROOKLYN CENTER WHEREAS, Sergeant Peggy Labatt was hired as a Police Officer by the City of Brooklyn Center, on January 11, 1994; and WHEREAS, Sergeant Labatt has served as the department's Hostage Negotiator; and WHEREAS, Sergeant Labatt has served as the department's Field Training Officer, where she was instrumental in training and serving as a role model to multiple new officers; and WHEREAS, Sergeant Labatt has served as the department's Detective, where she was recognized by the County Prosecutor's Office for outstanding work in helping the victims tell their story and hold the criminals accountable for their actions; and WHEREAS, Sergeant Labatt has served as the creator of the Brooklyn Center of the Domestic Abuse Response Team ("DART"), where she created the practice for law enforcement to stay connected with the victims of domestic violence by providing the confidence of continued police support after the report of violence in their homes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, upon recommendation by the City Manager, that we recognize the honorable retirement of Sergeant Peggy Labatt on April 30, 2014, and express sincere appreciation for her dedicated public service, and we wish Peggy and her family the very best in the future. July 14, 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. 8a COUNCIL ITEM MEMORANDUM DATE: July 7, 2014 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: An Ordinance Amending Chapter 11 of the City Code of Ordinances Relating to Taproom Sunday Sales Recommendation: It is recommended that the City Council open the Public Hearing, take public input, close the Public Hearing, and consider adoption of An Ordinance Amending Chapter 11 of the City Code of Ordinances Relating to Taproom Sunday Sales. Background: At its June 9, 2014, meeting, the City Council approved first reading of An Ordinance Amending Chapter 11 of the City Code of Ordinances Relating to Taproom Sunday Sales. Attached are the materials provided at the June 9, 2014, meeting. The second reading and Public Hearing are scheduled for July 14, 2014. Notice of Public Hearing was published in the Brooklyn Center Sun-Post newspaper on June 19, 2014. If adopted, effective date will be August 23, 2014. Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM DATE: June 2, 2014 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: An Ordinance Amending Chapter 11 of the City Code of Ordinances Relating to Taproom Sunday Sales Recommendation: It is recommended that the City Council consider approving first reading of an ordinance amending Chapter 11 of the City Code of Ordinances relating to taproom Sunday sales and setting second reading and Public Hearing for July 14, 2014. Background: In the eighty-eighth session of the Minnesota Legislature, S.F. No. 2336 relating to liquor laws was approved and signed by the Governor on May 13, 2014. Minnesota Statutes Section 340A.301, subdivision 6b was amended to allow a taproom to be open and conduct on-sale business on Sundays if authorized by the municipality. Surly Brewing Company has submitted a request that the City Code be amended to allow its taproom to be open for on-sale business on Sunday. At its May 27, 2014, Study Session, the City Council discussed Surly's request and directed staff to prepare an ordinance amendment to allow for a taproom to conduct on-sale business on Sunday and it is attached. If approved, second reading and Public Hearing would be held July 14, 2014; effective date would be August 23, 2014. Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for people and preserves the public trust CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of 2014 at 7 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 11 of the City Code of Ordinances relating to taproom Sunday sales. 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 11 OF THE CITY CODE OF ORDINANCES RELATING TO TAPROOM SUNDAY SALES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Brooklyn Center City Code Section 11-107 (5) is amended as follows: 5. Sunday On-Sale Intoxicating Liquor License. This license may be issued only to an establishment that holds an On-Sale Intoxicating Liquor License and that serves Liquor only in conjunction with the service of food and to holders of a brewer taproom license. Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of 2014. Mayor ATTEST: City Clerk Date of Publication: Effective Date: (Strikeout indicates matter to be deleted, underline indicates new matter.) City Council Agenda Item No. 8b COUNCIL ITEM MEMO NDUM DATE: July 8, 2014 TO: Curt Boganey, City Manager THROUGH: Steve Lillehaug, Director of Public Works/City Engineer $0 FROM: Andrew Hogg, Assistant City Engineer SUBJECT: Resolution Vacating Drainage and Utility Easements within Lot 1, Block 1, BRI MAR SECOND ADDITION (LUTHER HONDA SITE) Recommendation: It is recommended that the City Council consider approval of the resolution vacating certain easements as referenced above pertaining to the Luther site redevelopment in connection with the final plat approval of BRI MAR THIRD ADDITION. Background: Under a separate previous action at its July 14, 2014, regular Council meeting, the City Council adopted a resolution granting final plat approval for the BRI MAR THIRD ADDITION. In connection with the final plat and easement dedication proceedings, the developer is requesting release and termination of easements that are either no longer needed or are being replaced by new easements. The following easements are proposed to be released and terminated as indicated: All drainage and utility easements over, under and across Lot 1, Block 1, BRI MAR SECOND ADDITION as originally dedicated in said plat As part of the public hearing and notification process, affected entities with interests in said existing easements have been notified in accordance with City Ordinance and State Statute. It is staff's opinion that the easements proposed to be vacated are fully encompassed by rededicated easements as part of the project's final plat and should not negatively affect rights to public easements. We are unaware of any entity objecting to the proposed vacation. The attached easements and exhibits outline the release and termination of easements and show the locations of said existing easements. The City Attorney has reviewed the release and termination documents and concurs to the purpose and form of the documents. Strategic Priorities: • Focused Redevelopment Mission: Ensuring an attractive, clean, safe, inclusive C01111111111i0P that enhances the quality of life for all people and preserves the public trust its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION VACATING DRAINAGE AND UTILITY EASEMENTS WITHIN LOT 1, BLOCK 1, BRI MAR SECOND ADDITION (LUTHER HONDA SITE) WHEREAS, certain existing easements are either no longer needed, or are being replaced by new easements pertaining to the properties contained within the proposed plat for BRI MAR THIRD ADDITION; and WHEREAS, the easements proposed to be vacated are identified as follows and are hereafter referred to as "the Easements": All drainage and utility easements over, under and across Lot 1, Block 1, BRI MAR SECOND ADDITION as originally dedicated in said plat WHEREAS, after due notice and public hearing, the City Council has determined that the Easements will be no longer needed, once the plat of BRI MAR THIRD ADDITION is recorded, and it is in the public interest to vacate the Easements; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: I. The City Council hereby approves the vacation of the Easements described above and depicted in the attached Exhibit A. 2. The City Clerk is directed to prepare a Notice of Completion of Vacation Proceedings and to record it with the Hennepin County Recorder or Hennepin County Registrar of Titles, as appropriate; provided, that this resolution will only take effect upon the release and filing of the final plat of BRI MAR THIRD ADDITION, execution and filing of associated and separate rededicated easements, and upon execution and filing the subdivision agreement for said associated development. July 14, 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. vz. i4 _ DRAINAGE AND UTILITY EASEMENT PER BRI MAR SECOND ADDITION `-"Al-_), •o 'X // EASEMENT VACATION SKETCH EXHIBIT A FOR: LOT 1, BLOCK 1, BRI MAR SECOND ADDITION j:33:NCO -L_ A .............. 58951'45"W912,97 PQOPOSED EA5E'EN T , , ..- ..... -- _,/winoin )". r -----___ urr,,,,,/ , ow), l'„, P.' tn Z > cn4;Juli (1)1i-1Z OP, f' ri ZC-) V I ›—irn0 >I C21-0 1,116 10 -7 .1: ,,--1 _11 I f:.---<1 E\ 70 y 1 0 -- -0--j. 167.37 148951'45E VACATION 71 = PROPOSED E-ASEMENT VACATION PAGE 2 OF 2 •••I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly licensed Land Surveyor under the laws of the State of Minnesota. 94z From Site to Finish FORM 105 South Fifth Avenue Suite 513 Minneapolis, MN 55401 Web: landform.net MAX L, STANISLOWSKI License, No. 46%8 Date: 03.06,2014 Revised:Job No. E3AA13037 Drawing: ease-D-U B112N13_8AA032 By: MLS I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly licensed Land Surveyor under the laws of the State of Minnesota. MAX L. STANISLOWSKI Date: 03.06.2014 License, No. 46c188 Revised: EASEMENT VACATION SKETCH FOR: LOT 1, BLOCK 1, BRI MAR SECOND ADDITION Mi t ALL DRAINAGE AND UTILITY EAEMENTS OVER, UNDER AND ACROSS LOT I, BLOCK I, SRI MAR SECOND ADDITION AS ORIGINALLY DEDICATED IN SAID PLAT. PAGE 1 OF 2 0 From Site to Finish FORM 105 South Fifth Avenue Suite 513 Minneapolis, MN 55401 Web: landform.net Job No. BAA 13037 Drawing: eose-D-U 8OI0_BAA032 By: MLS City Council Agenda Item No 9a COUNCIL TE 1V 1V-EVORk\DU DATE: July 14, 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. 2014-011 Submitted by Farmers Market LLC Requesting Approval of a Minor Amendment to a Planned Unit Development (MaxSun-Sun Foods PUD) — 6350 Brooklyn Boulevard Recommendation: Recommended the City Council adopt the resolution regarding the disposition of Planning Commission Application No. 2014-011 submitted by Farmers Market LLC of a Minor Amendment to a Planned Unit Development (MaxSun-Sun Foods PUD) Background: On June 25, 2014, the City Planning Commission reviewed Planning Application No. 2014-011, submitted by Farmers Market LLC for a Minor Amendment to a Planned Unit Development, that being the the 2011 MaxSun-Sun Foods PUD, located at 6350 Brooklyn Boulevard. This amendment provides an allowance to conduct a seasonal farmers market event annually on the MaxSun/Sun Foods site, from approximately early spring to late fall, and on certain days of the week; and authorizes the temporary reduction in required parking during these events. This farmers market has proven to be a very popular and important cultural event for a certain segment of the community's populace; and provides a great opportunity for socializing and sharing of home-grown food products to all members of the community. Attached for review is Planning Commission Resolution No. 2014-12, in which the Planning Commission provided a favorable and unanimous recommendation of approval regarding this proposed PUD Amendment. Excerpts minutes from the June 25, 2014 Planning Commission meeting as related to this matter are 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. 2014-011 SUBMITTED BY FARMERS MARKET, LLC (IN CONJUNCTION WITH BCK ENTERPRISES, LLC) FOR A MINOR AMENDMENT TO THE MAXSUN/SUN FOODS PLANNED UNIT DEVELOPMENT (6300-6350 BROOKLYN BOULEVARD) WHEREAS, on May 23, 2011, the City Council of Brooklyn Center adopted Resolution No. 2011-80, which approved a new planned unit development to be titled "The MaxSun/Sun Foods Planned Unit Development (PUD), for the properties located at 6300 and 6350 Brooklyn Boulevard ("Subject Property"); and WHEREAS, the MaxSun/Sun Foods PUD was approved with a development plan and PUD agreement to allow certain allowances and development standards that would govern the Subject Property, and also included the establishment of a new PUD/C2 (Planned Unit Development/Commerce) District on the Subject Property; and WHEREAS, Farmers Market, LLC, in conjunction with BCK Enterprises, LLC ("Owners") submitted for consideration Planning Application No. 2014-011, a Minor Amendment to the MaxSun/Sun Foods Planned Unit Development, by allowing certain changes to the previously approved PUD; and WHEREAS, the proposal comprehends additional adjustments not approved under the MaxSun/Sun Foods PUD and the related PUD Agreement, specifically the proposed minor amendment to be comprehended under this application includes the allowance to conduct a seasonal and temporary farmer's market on the Subject Property, with certain provisions and standards; and WHEREAS, the Planning Commission held a duly noticed and called public hearing on June 25, 2014, whereby a planning report and public testimony regarding the Minor Amendment to the Planned Unit Development were received and considered by the Planning Commission; the Planning Commission considered the minor amendment request in light of all testimony received, including the guidelines for evaluating such amendments as contained in Section 35-355 of the City's Zoning Ordinance and the City's Comprehensive Plan; and WHEREAS, the Planning Advisory Commission of the City of Brooklyn Center did determine that Planning Application No. 2014-011, submitted by Farmers Market, LLC, may be approved based upon the following considerations: A. The Minor Amendment to the MaxSun/Sun Foods Planned Unit Development is compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. RESOLUTION NO. B.The Minor Amendment to the PUD proposal will allow for the utilization of the land in question in a manner which is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding land. C.The utilization of the property as proposed under the Minor Amendment to the PUD is considered a reasonable use of the property and will conform to the ordinance standards, except for the overall parking requirements as provide under City Code Sect. 35-700 Off-Street Parking Requirements. However, the limitations and implementation of this farmer market on this site, and the reduction of parking on a temporary basis is justified and should have little, if any impact upon the parking needs and overall utilization and functionality of this commercial site. D.The Minor Amendment to the PUD to allow this farmers market use is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city; and is supported by the City's Active Living Policies and Livable Communities Act. E.The Minor Amendment to the PUD proposal appears to be a good long range use of the existing land and this farmer's market development can be considered an asset to the community. AND WHEREAS, the Planning Advisory Commission of the City of Brooklyn Center did determine that Planning Application No. 2014-011 may be approved based on the acknowledgment that the guidelines for evaluating a Minor Amendment to an approved Planned Unit Development, as contained in Section 35-355 of the City's Zoning Ordinance have been met and the proposal is therefore, in the best interest of the community; and adopted Planning Commission Resolution No. 2014-12, which provides a favorable and unanimous recommendation to the City Council that the Minor Amendment to the MaxSun/Sun Foods Planned Unit Development be approved with certain conditions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Planning Commission Application No. 2014-011, submitted by Farmers Market, LLC (in conjunction with BCK Enterprises, LLC) requesting approval of a Minor Amendment to the MaxSun/Sun Foods Planned Unit Development, is hereby approved, subject to the following conditions: The farmers market can only be held within the northerly area of the parking area as illustrated on the plan labeled "MaxSun/Sun Foods Farmers Market Site Plan -2014." RESOLUTION NO. 2.The Owners may conduct a farmers market from May 1 to October 31 of each calendar year, and only on days starting Friday morning at 7:00 AM and concluding Sunday afternoon by 5:00 PM. 3.No part of the farmers market area will encroach into the 24- parking space area reserved to Walgreen's. 4.The farmers market is to be used only for the display and sale of farm or garden grown produce, fruits, flowers, plants, herbs and similar plantings. No other displays or sale of materials, including household goods, lawn/garden equipment, or second-hand goods will be permitted. 5.No live music or entertainment, flashing or traveling lights, outdoor loud speakers, sound systems making announcements or playing of music will be allowed. Small radios or similar listening devices may be allowed in each farmer's booth, with sound limited to the enjoyment of the booth operators and customers only. 6.The Owners and operators of the farmers market must ensure all drive aisles are open for traffic and public safety vehicles and equipment; and the owner must ensure that parking areas butting up to the farmers market area are well protected or barricaded to prevent any vehicles from driving into the booths/tents or market area. 7.No part of the grassy boulevard area to the north of the market area (between the north drive-aisle and north lot line) will be used to park vehicles or trucks, or store and display products outside the designated farmer's market area. Produce boxes, equipment and other displays of product will be prohibited in the mall's parking lot, except the area inside the designated market space. 8.The farmer's market area must be swept; trash, boxes and refuse picked- up and removed daily; and the area kept neat and clean during and after operations of the market. 9.Outdoor cooking/grilling or serving of food products for sale and consumption by the general public will be prohibited, either inside or outside the farmers market area, unless the vendor or provider serving and preparing food has obtained a Hennepin County Health Department food server or handlers license, and provides evidence of such permit/license to the city. RESOLUTION NO. 10.No temporary signs, banners, balloons, flashing lights or similar attention- attracting devices will be used or allowed along the Brooklyn Boulevard right-of-way or entrances into the subject site. Small identification signs or food product identifier signs may be allowed at each farmer's booth, but only on the inside of the market area. 11.Any violations of these conditions or agreement allowing this farmers market under this PUD Amendment, including neighbor complaints, unruly or excessive noises, police calls or public disturbances registered to this site and attributed to this farmers market activity, may result in the City revoking this farmers market activity at any time. July 14, 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. MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA JUNE 25, 2014 CALL TO ORDER The Planning Commission meeting was called to order by Chair Burfeind at 7:03 p.m. ROLL CALL Chair Burfeind, Commissioners Randall Christensen, Katy Harstad, and Stephen Schorming 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 was absent and excused. Commissioner Morgan was absent and unexcused. 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. APPROVAL OF MINUTES — JUNE 12, 2014 There was a motion by Commissioner Christensen, seconded by Commissioner Schorming, to approve the minutes of the June 12, 2014 meeting as submitted. The motion passed unanimously. APPLICATION NO. 2014-011 FARMER'S MARKET, LLC, BCK ENTERPRISES, LLC Chair Burfeind introduced Application No. 2014-011, consideration of a minor amendment to the 2011 MaxSun/Sun Foods Planned Unit Development (PUD) allowing a seasonal farmer's market on the property located at 6350 Brooklyn Boulevard. (See Planning Commission Report dated 6-25-14 for Application No. 2014-011.) Mr. Benetti provided a brief background on the history of approvals for the redevelopment of this property going back to 1996. He stated the owners of the property are requesting approval of a PUD Amendment to allow a seasonal farmer's market within a certain area of the main parking lot on Friday, Saturday and Sundays from late spring through early fall. Mr. Benetti stated as part of the May 23, 2011 Rainbow's Garden City Second Addition plat review, the parking calculations were as follows: o Required Parking for All Uses (calc. at 5.5 spaces per 1,000 sf. of gross floor area): o MaxSun @ 78,037 sf. = 430 spaces o Walgreens @ 13,766 sf. = 76 spaces o AutoZone @ 9,646 sf. = 53 spaces EXCERPT MINUTES OF THE PLANNING COMMISSION MEETING JUNE 25, 2014 He stated the site has 562 parking spaces with 57 for Walgreens, 33 for AutoZone and 472 for MaxSun. He added Walgreens was granted 24 off-site parking spaces on the original Rainbow Foods (now MaxSun) lot, which equates to 81 spaces reserved for this use and AutoZone was granted 18 spaces on the MaxSun parcel, which equates to 51 spaces reserved to this use which leaves 430 spaces for MaxSun customers. He added the overall site meets parking requirements with three excess spaces. Mr. Benetti stated staff feels the loss of the 49 parking spaces during weekend hours would have little, if any, effect upon the overall use and enjoyment of customers of MaxSun, Walgreens or AutoZone. Commissioner Christensen asked if outdoor cooking would be allowed under a different type permit. Mr. Benetti replied any food preparation for cooking and selling to the public would need approval a separate food handlers permit or license through Hennepin County Health Department, which is doubtful they would grant such a license due to strict and stringent rules for cooking and serving food [for sale] to the public. He added he has not observed any type of food sales or services at the Farmer's Market on this site. Commissioner Christensen asked if food trucks would be allowed at the Farmer's Market. Mr. Benetti responded issues regarding such conditions or uses could be added as an additional condition and should be addressed to the applicant. Commissioner Schonning stated that it is no joke that parking is an issue during the Farmer's Market. He added he has frequented the Farmer's Market and it is very busy and he has had to park as far over as the Auto Zone lot. He also stated the food truck issue is one that should be addressed. He doesn't feel they need to encourage that on this site since it is already busy and parking is tight. Mr. Benetti responded that any parking spot that is available is there for any customer to any of the retail buildings and uses on the site. He stated he did not know the site was so busy on the weekends and appreciates that information so observations can be made so the Farmer's Market does not have a major impact on the site. Commissioner Schonning stated he likes that this plan defines where parking should take place on the site so as not to inhibit traffic flow. Mr. Benetti stated there were previous complaints about driving lanes and access aisles being temporarily blocked during these events, and Management should address that or the police department can be involved to resolve parking violations. Chair Burfeind asked if there had been any complaints or concerns regarding the Farmer's Market. Mr. Benetti responded he is not aware of any recent or registered complaints at this time; but a condition of approval is they must maintain all parking and drive aisles and keep it clean. Page 2 6-25-14 EXCERPT MINUTES OF THE PLANNING COMMISSION MEETING JUNE 25, 2014 PUBLIC HEARING — APPLICATION NO. 2014-011 There was a motion by Commissioner Schonning, seconded by Commissioner Harstad, to open the public hearing on Application No. 2014-011, at 7:22 p.m. The motion passed unanimously. Chair Burfeind called for comments from the public. Ms. Myrna Kragness-Knauth, 3401 63"d Ave N, stated she does not have an objection to the Farmer's Market but has an objection to the garbage that blows in her yard from the retail businesses on the corner. She stated this spring she took two big garbage bags over to them that she collected over the winter and when the wind comes through, the loose garbage blows and ends up in her yard. She added she visits the Farmer's Market and enjoys having them in the neighborhood, but hopes the approval would include consideration of the garbage issue on the site. Mr. Greg Heck, representing the management of the Farmer's Market and BCK Enterprises, stated he understands his concerns with the garbage and added they send out people every morning to pick up the garbage and they try to stay on top of it. He stated he would not want food preparation, sales or food trucks on the site. No one else appeared for the public hearing. CLOSE PUBLIC HEARING There was a motion by Commissioner Christensen, seconded by Commissioner Harstad, to close the public hearing on Application No. 2014-011. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. Mr. Benetti stated he appreciates that a sweep is done of the property but would like to be assured that the entire site, front and back, be maintained especially after the Farmer's Market closes. He added if the Commission would like to amend Condition No. 8 to state the entire site must be picked up and kept clean daily, they could do so. Mr. Heck stated they pick up a huge amount of garbage daily and cannot control it 24-hours, and he is concerned with a stipulation that makes them at fault for a single piece of garbage found on the site. Mr. Heck added the problem is garbage is thrown on the ground by the general public and the retailers in the Farmer's Market are diligent about cleaning up their space. Mr. Benetti replied the main concern is to clean up the back side of the site to keep garbage from blowing into the neighborhood and he is confident with Mr. Heck's statements, he will keep on top of it. Chair Burfeind stated regardless of what business is there, the zoning code says a property must be maintained and kept clean regardless of the cost so as not to disturb the neighborhood. He added if there are any issues, it can be addressed through Code Enforcement or approval and requirements of the PUD approvals. Page 3 6-25-14 EXCERPT MINUTES OF THE PLANNING COMMISSION MEETING JUNE 25, 2014 There was further discussion by the Commission and it was the consensus to not add an additional condition of approval. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2014-12 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2014-011 SUBMITTED BY FARMER'S MARKET, LLC (IN CONJUNCTION WITH BCK ENTERPRISES, LLC) FOR A MINOR AMENDMENT TO THE MASXUN/SUN FOODS PLANNED UNIT DEVELOPMENT (6300-6350 BROOKLYN BOULEVARD) There was a motion by Commissioner Christensen, seconded by Commissioner Harstad, to approve Planning Commission Resolution No. 2014-012. Voting in favor: Chair Burfeind, Commissioners Christensen, Harstad, and Schorming And the following voted against the same: None The motion passed unanimously. The Council will consider the application at its July 14, 2014 meeting; and 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 6-25-14 caI; of BROYN CENTER Planning Commission Report Meeting Date: June 25, 2014 •Application Filed: 06/04/14 •Review Period (60-day) Deadline: 08/03/14 •Extension Declared: N/A •Extended Review Period Deadline: N/A Application No. 2014-011 Applicant: Farmers Market LLC/BCK Enterprises LLC Location: 6350 Brooklyn Boulevard (MaxSun/Sun Foods site) Request: Minor Amendment to the 2011 MaxSun/Sun Foods Planned Unit Development INTRODUCTION Farmers Market, LLC .(in conjunction with BCK Enterprises, LLC) is requesting a minor amendment to the original MaxSun/Sun Foods Planned Unit Development (PUD), to allow a seasonal farmers market event to occur annually on the MaxSun/Sun Foods site, from approximately early spring to late fall, and on certain days of the week. A public hearing has been scheduled with respect to this Special Use Permit application and notices have been sent to surrounding property owners. BACKGROUND & ANALYSIS In 1996, the City approved the redevelopment of the entire subject site by accepting a new Site and Building Plan for the new Rainbow Foods, Walgreens and Hollywood Video store. Shortly thereafter, the City also approved a new plat separating the Walgreen's parcel from the overall 14 acre site. As part of this plat approval, a companion Special Use Permit was also reviewed and approved allowing Walgreen's the ability to use 24 additional (off-site) parking spaces in the Rainbow Foods parcel. City Council accepted these applications and the site continued to function on those arrangements until 2011. On May 23, 2011, the City Council approved a new plat titled Rainbow's Garden City Second Addition, which created a lot (Lot 1, Blk. 1) for the new AutoZone auto parts retail store, located at 6300 Brooklyn Boulevard; and a separate parcel (Lot 2, Blk. 1) for the Max-Sun/Sun Foods site. As conjunction with this new plat, the owners also received approval of the MaxSun PUD, which was approved under City Council Resolution No. 2011-80, and authorized the rezoning of the subject site from C2 Commerce to PUD/C2 (Planned Unit Development/Commerce) district. The PUD also provides the owners with flexibility in providing shared, off-site parking among the adjoining uses, shared access rights and recognition of certain zero (0-ft.) lot line standards to parking areas. As part of this proposed PUD Amendment, the owners of this site are requesting to allow a seasonal farmers market to take place within a certain area of the main parking lot. This market is typically held between Fridays to Sundays, and is limited to the area shown in the red outline of the site plan (illustrated below). App. No. 2014-011 PC 06/25/2014 Page 1 Walgreens I IfvtaxSuniSun Foods! 224 Parking Spaces Reserved to Walgreens,is.00 orig. 11' 0, WO .4144-41.3aamsasaa4111-1404.14 441-744.1.. :i51114,1=1-41.1414111104VE14444.4.14-144H4**********M*4404114.****1146014*, " Proposed Limits •of Farmers Market BLOCK1 ‘3, 4 ,r utozone elr1411-tiittlittrit • I • • ..-rtelswwe l s•mmt-ret.ittIntle-mt urtittintit-trprostri*.si; - ;• 63RD AVENUE NORTH . • The outline market area takes up or displaces 49 parking spaces. According to the owner's representatives, each booth or market space is divided up into 10-foot wide areas, with allowances for some vendors or farmers to rent more than one space and combine them for larger areas to display/sell their products. The farmers market is intended to operate from late spring through early fall of each growing season. As part of the May 23, 2011 MaxSun PUD and Rainbow's Garden City Second Addition plat review and analysis, staff determined the overall parking calculations as follows: o Required Parking for All Uses (calc. at 5.5 spaces per 1,000 sf. of gross floor area): o MaxSun @ 78,037 sf. = 430 spaces o Walgreens @ 13,766 sf. = 76 spaces o AutoZone @ 9,646 sf. = 53 spaces O The entire site (MaxSun, AutoZone and Walgreens) has 562 marked parking spaces: o Walgreens: (Ll/Blk 1 Rainbows Garden First Addn.) = 57 marked spaces o AutoZone: (Ll/Blk 1 Rainbows Garden Second Addn.) = 33 marked spaces o MaxSun: (L2/Blk 1 Rainbows Garden Second Addn.) = 472 marked spaces •Walgreens special use permit in 1996 granted 24 off-site parking spaces on the original Rainbow Foods (now MaxSun) lot, which equates to 81 spaces reserved for this use. App. No. 2014-011 PC 06/25/2014 Page 2 •AutoZone was granted (under the 2011 PUD) for 18 spaces on the MaxSun parcel, which equates to 51 spaces reserved to this use. •The MaxSun parcel contains 472 marked spaces. Factoring out the 24 spaces reserved to Walgreens and the 18 spaces reserved to AutoZone leaves a balance of 430 spaces for MaxSun customers. •With all uses in this development site and the parking requirements indicated herein (430 for MaxSun; 51 for AutoZone and 81 for Walgreens), the overall site balances out with three (3) excess spaces. o REQUIRED PARKING: 430 + 76 + 53 = 559 o TOTAL PARKING SPACES PROVIDED: 562 Under the Shingle Creek Crossing PUD approvals, the parking required for retail/service uses in that site was reduced from the City Code required 5.5 spaces/1,000 sf. to 4.5 spaces per 1,000 square feet of floor area. This reduction was allowed under the findings that the 4.5/1,000 was considered more consistent with national trends and standards, or typical of parking standards for similar uses throughout the twin cities area. By accepting this reduction for the time being, the overall parking numbers for the three areas (MaxSun, Walgreens and AutoZone) would reduce to 458 needed spaces. This means over 104 spaces would be considered excess under this reduced parking ratio standard. Applying the reduced ratio to the MaxSun site only, the site would only need 352 spaces (78,037 sf./1,000 = 78.037 x 4.5 = 352). In factoring out the 49 spaces temporarily lost due to the farmers market, leaves 381 spaces available to MaxSun/Sun Foods customers during these 2-3 day periods of operating the farmers market, which equates to 29 excess parking spaces. The owners representative indicated that even though Walgreens has rights to the 24 parking spaces as shown on the site plan, their customers primarily use the parking surrounding the store only, and very rarely (if at all) use the off-site parking reserved to them inside the MaxSun lot. Regardless of this statement, staff would condition that no part of the farmers market shall encroach into this Walgreen's 24 reserved parking area. From an overall planning standpoint and from frequent observations and site visits made to this site, it appears that the loss of the 49 parking spaces during these weekend hours would be negligible and have little, if any effect or negative impact upon the overall use and enjoyment of customers, either to the MaxSun site, or Walgreens and AutoZone. FINDINGS & RECOMMENDATION Under City Code Section 35-355, the PUD ordinance states its purpose is to promote flexibility in land development and redevelopment, preserve aesthetically significant and environmentally sensitive site features, conserve energy and ensure a high quality of design. This PUD Amendment provides the owners the needed flexibility to provide a nice community service event throughout the year, which can serve our citizens and residents very effectively, and is supported by our Active Living Principles and policies recently adopted by the City. Planning App. No. 2014-011 PC 06/25/2014 Page 3 staff feels this PUD Amendment can be supported and allowed based on the following findings: A.The Minor Amendment to the MaxSun/Sun Foods Planned Unit Development is compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. B.The Minor Amendment to the PUD proposal will allow for the utilization of the land in question in a manner which is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding land. C.The utilization of the property as proposed under the Minor Amendment to the PUD is considered a reasonable use of the property and will conform to the ordinance standards, except for the overall parking requirements as provide under City Code Sect. 35-700 Off-Street Parking Requirements. However, the limitations and implementation of this farmer market on this site, and the reduction of parking on a temporary basis is justified and should have little, if any impact upon the parking needs and overall utilization and functionality of this commercial site. D.The Minor Amendment to the PUD to allow this farmers market use is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city; and is supported by the City's Active Living Policies and Livable Communities Act. E. The Minor Amendment to the PUD proposal appears to be a good long range use of the existing land and this farmer's market development can be considered an asset to the community. RECOMMENDATION Staff recommends the Planning Commission adopt the attached Resolution No. 2014-12, which comprehends the approval of Planning Application No. 2014-011, a Minor Amendment to the the 2011 MaxSun/Sun Foods Planned Unit Development, which allows a seasonal farmers market event to occur annually on the MaxSun/Sun Foods site, subject to the following conditions: 1.The farmers market can only be held within the northerly area of the MaxSun parking area as illustrated on the plan labeled "MaxSun/Sun Foods Farmers Market Site Plan -2014". 2.The Owners may conduct a farmer's market from May 1 to October 31 of each calendar year, and only on days starting Friday morning at 7:00 AM and concluding Sunday afternoon by 5:00 PM. 3. No part of the farmers market area will encroach into the 24- parking space area reserved to Walgreen's. App. No. 2014-011 PC 06/25/2014 Page 4 4.The farmers market is to be used only for the display and sale of farm or garden grown produce, fruits, flowers, plants, herbs and similar plantings. No other displays or sale of materials, including household goods, lawn/garden equipment, or second-hand goods will be permitted. 5.No live music or entertainment, flashing or traveling lights, outdoor loud speakers, sound systems making announcements or playing of music will be allowed. Small radios or similar listening devices may be allowed in each farmer's booth, with sound limited to the enjoyment of the booth operators and customers only. 6.The owners and operators of the farmers market must ensure all drive aisles are open for traffic and public safety vehicles and equipment; and the owner must ensure that parking areas butting up to the farmers market area are well protected or barricaded to prevent any vehicles from driving into the booths/tents or market area. 7.No part of the grassy boulevard area to the north of the market area (between the north drive-aisle and north lot line) will be used to park vehicles or trucks, or store and display products outside the designated farmers market area. Produce boxes, equipment and other displays of product will be prohibited in the mall's parking lot, except the area inside the designated market space. 8.The farmer's market area must be swept; trash, boxes and refuse picked-up and removed daily; and the area kept neat and clean during and after operations of the market. 9.Outdoor cooking/grilling or serving of food products for sale and consumption by the general public will be prohibited, either inside or outside the farmers market area, unless the vendor or provider serving and preparing food has obtained a Hennepin County Health Department food server or handlers license, and provides evidence of such permit/license to the city. 10.No temporary signs, banners, balloons, flashing lights or similar attention- attracting devices will be used or allowed along the Brooklyn Boulevard right-of- way or entrances into the subject site. Small identification signs or food product identifier signs may be allowed at each fatmer's booth, but only on the inside of the market area. 11.Any violations of these conditions or agreement allowing this farmers market under this PUD Amendment, including neighbor complaints, unruly or excessive noises, police calls or public disturbances registered to this site and attributed to this farmers market activity, may result in the City revoking this fanner market activity at any time. App. No. 2014-011 PC 06/25/2014 Page 5 Commissioner Christensen introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 2014-12 RESOLUTION REGARDING RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2014-011 SUBMITTED BY FARMERS MARKET, LLC (IN CONJUNCTION WITH BCK ENTERPRISES, LLC) FOR A MINOR AMENDMENT TO THE MAXSUN/SUN FOODS PLANNED UNIT DEVELOPMENT (6300-6350 BROOKLYN BOULEVARD) WHEREAS, on May 23, 2011, the City Council of Brooklyn Center adopted Resolution No. 2011-80, which approved a new planned unit development to be titled "The MaxSun/Sun Foods Planned Unit Development (PUD), for the properties located at 6300 and 6350 Brooklyn Boulevard ("Subject Property"); and WHEREAS, the MaxSun/Sun Foods PUD was approved with a development plan and PUD agreement to allow certain allowances and development standards that would govern the Subject Property, and also included the establishment of a new PUD/C2 (Planned Unit Development/Commerce) District on the Subject Property; and WHEREAS, Farmers Market, LLC (in conjunction with BCK Enterprises, LLC) submitted for full consideration Planning Application No. 2014-011, a minor amendment to the MaxSun/Sun Foods Planned Unit Development, by allowing certain changes to the previously approved PUD; and WHEREAS, the proposal comprehends additional adjustments not approved under the MaxSun/Sun Foods PUD and the related PUD Agreement, specifically the proposed minor amendment to be comprehended under this application includes the allowance to conduct a seasonal and temporary Farmer's Market on the Subject Property, with certain provisions and standards; and WHEREAS, the Planning Commission held a duly noticed and called public hearing on June 25, 2014, whereby a planning report and public testimony regarding the Minor Amendment to the Planned Unit Development were received and considered by the Planning Commission; the Planning Commission considered the minor amendment request in light of all testimony received, including the guidelines for evaluating such amendments as contained in Section 35-355 of the City's Zoning Ordinance and the City's Comprehensive Plan; and WHEREAS, the Planning Advisory Commission of the City of Brooklyn Center did determine that Planning Application No. 2014-011, submitted by Farmers Market, LLC, may be approved based upon the following considerations: A. The Minor Amendment to the MaxSun/Sun Foods Planned Unit Development is compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. PC RESOLUTION NO. 2014-12 Page 2 of 4 B.The Minor Amendment to the PUD proposal will allow for the utilization of the land in question in a manner which is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding land. C.The utilization of the property as proposed under the Minor Amendment to the PUD is considered a reasonable use of the property and will conform to the ordinance standards, except for the overall parking requirements as provide under City Code Sect. 35-700 Off-Street Parking Requirements. However, the limitations and implementation of this farmer market on this site, and the reduction of parking on a temporary basis is justified and should have little, if any impact upon the parking needs and overall utilization and functionality of this commercial site. D.The Minor Amendment to the PUD to allow this farmers market use is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city; and is supported by the City's Active Living Policies and Livable Communities Act. E.The Minor Amendment to the PUD proposal appears to be a good long range use of the existing land and this farmer's market development can be considered an asset to the community. AND WHEREAS, the Planning Advisory Commission of the City of Brooklyn Center did determine that Planning Application No. 2014-011, submitted by Farmers Market, LLC, may be approved based on the belief that the guidelines for evaluating a Minor Amendment to an Approved Planned Unit Development, as contained in Section 35-355 of the City's Zoning Ordinance have been met and the proposal is therefore, in the best interest of the community. NOW THEREFORE BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Application No. No. 2014-011 may be approved, subject to the following conditions and considerations: 1.The farmers market can only be held within the northerly area of the parking area as illustrated on the plan labeled "MaxSun/Sun Foods Farmers Market Site Plan -2014." 2.The Owners may conduct a farmers market from May 1 to October 31 of each calendar year, and only on days starting Friday morning at 7:00 AM and concluding Sunday afternoon by 5:00 PM. PC RESOLUTION NO. 2014-12 Page 3 of 4 3.No part of the farmers market area will encroach into the 24- parking space area reserved to Walgreen's. 4.The farmers market is to be used only for the display and sale of farm or garden grown produce, fruits, flowers, plants, herbs and similar plantings. No other displays or sale of materials, including household goods, lawn/garden equipment, or second-hand goods will be permitted. 5.No live music or entertainment, flashing or traveling lights, outdoor loud speakers, sound systems making announcements or playing of music will be allowed. Small radios or similar listening devices may be allowed in each farmer's booth, with sound limited to the enjoyment of the booth operators and customers only. 6.The owners and operators of the farmers market must ensure all drive aisles are open for traffic and public safety vehicles and equipment; and the owner must ensure that parking areas butting up to the farmers market area are well protected or barricaded to prevent any vehicles from driving into the booths/tents or market area. 7.No part of the grassy boulevard area to the north of the market area (between the north drive-aisle and north lot line) will be used to park vehicles or trucks, or store and display products outside the designated farmer's market area. Produce boxes, equipment and other displays of product will be prohibited in the mall's parking lot, except the area inside the designated market space. 8.The farmer's market area must be swept; trash, boxes and refuse picked- up and removed daily; and the area kept neat and clean during and after operations of the market. 9. Outdoor cooking/grilling or serving of food products for sale and consumption by the general public will be prohibited, either inside or outside the farmers market area, unless the vendor or provider serving and preparing food has obtained a Hennepin County Health Department food server or handlers license, and provides evidence of such permit/license to the city. PC RESOLUTION NO. 2014-12 Page 4 of 4 10.No temporary signs, banners, balloons, flashing lights or similar attention- attracting devices will be used or allowed along the Brooldyn Boulevard right-of-way or entrances into the subject site. Small identification signs or food product identifier signs may be allowed at each farmer's booth, but only on the inside of the market area. 11.Any violations of these conditions or agreement allowing this farmers market under this PUD Amendment, including neighbor complaints, unruly or excessive noises, police calls or public disturbances registered to this site and attributed to this farmers market activity, may result in the City revoking this farmers market activity at any time. June 25, 2013 Date , Chair The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Harstad and upon vote being taken thereon, the following voted in favor thereof: Chair Burfeind, Commissioners Christensen, Harstad and Schonning. and the following voted against the same: None whereupon said resolution was declared duly passed and adopted. dal - .7_ , ... . ,.. ,..... ..__,- - r . (1,, (fl -"1--, .o._ 'HIUL-15* 411kal 11.3 - L!..n:- (71= 113.:L11EIC4'L.7.574, 6 ' 1411—'1.!..1 41L-. (-t--: OD Rh (DEE li ILL "_. C,-..1C.! ._ . , 0- ' --: 4,F,-", 11110 E. fir CFS ti....: eallr _ eN_7. •FF Gu a Tol l= - ak .tfiff.1-Iti=4*414,4i '4 • . 4 -••t•ca..Lt. . Ast.a-: s., , .1 I •-7----;;;W:1-. .7.... ; •i, !I I I .. .:4 ■. 7 'k.il -. C s o •k - I N ' I/ 0 V=< J L--— __s Opmt ri!!en.r4 7 23nN3jAye.::::.€111:1: L.7 City Council Agenda Item No. 9b COUNCE 4 EMVEIVORANDUY DATE: July 14, 2014 TO: Curt Boganey, City Manager FROM: Tim Benetti, Planning and Zoning Specialist 6*----- ri 4, THROUGH: Gary Eitel, Director of Business and Development i--1 ----- " SUBJECT: Resolution Regarding the Disposition of Planning Commission Application No. 2014-012 Submitted by Spiritual Life Ministries Requesting a Special Use Permit to Operate a Group Day Care Facility, Located at 6865 Shingle Creek Parkway. Recommendation: It is recommended that the City Council, following consideration of this item, adopt the resolution regarding the disposition of Planning Commission Application No. 2014-012 submitted by Spiritual Life Ministries requesting a Special Use Permit to operate a Group Day Care Facility, located at 6865 Shingle Creek Parkway. Background: On June 25, 2014, the Planning Commission reviewed Planning Commission Application No. 2014-012, submitted by Spiritual Life Ministries requesting a Special Use Permit to operate a Group Day Care Facility, located at 6865 Shingle Creek Parkway. Spiritual Life Church is located in the Cl (Service/Office) District. Group Day Care Facilities (including child care centers or pre-schools) are only allowed in this zoning district by special use permit. As part of this day care facility, the Applicants have requested approval to install a new outdoor playground area, with fencing that requires City Council consideration and approval. Attached for review is Planning Commission Resolution No. 2014-13, which the Commission provides a unanimous and favorable recommendation of the new Special Use Permit proposal. This resolution also provides a favorable recommendation regarding the outdoor play ground fencing materials. Excerpt minutes from this June 25, 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: • 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. 2014-012 SUBMITTED BY SPIRITUAL LIFE MINISTRIES FOR A SPECIAL USE PERMIT TO OPERATE A GROUP DAY CARE FACILITY IN THE Cl (SERVICE/OFFICE) DISTRICT FOR THE PROPERTY LOCATED AT 6865 SHINGLE CREEK PARKWAY (SPIRITUAL LIFE CHURCH) WHEREAS, Planning Commission Application No. 2014-012 submitted by Spiritual Life Ministries ("Applicant") proposes a Special Use Permit allowing a Group Day Care Facility within the Spiritual Life Church, located at 6865 Shingle Creek Parkway ("Subject Property"); and WHEREAS, the Subject Property is situated in the Cl (Service/Office) District and pursuant to City Code Section 35-320; Subpart 3, Group Day Care Facilities are only allowed by means of special use permit in all Cl Districts, and the Applicant has submitted such application to the City of Brooklyn Center for official consideration under Planning Application No. 2014-012; and WHEREAS, the Planning Commission held a duly noticed and called public hearing on June 25, 2014, whereby a planning staff report was presented and public testimony regarding the special use permit were received; and WHEREAS, the Planning Commission recommends to the City Council that Planning Application No. 2014-012, submitted by Spiritual Life Ministries, may be approved based upon the guidelines and standards for granting a special use permit, as contained in Section 35-220 have been met, which are noted as follows: A.The establishment, maintenance, or operation of the special use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals, or comfort. B.The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. C.The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. D.Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets. RESOLUTION NO. E. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. AND WHEREAS, in light of all testimony received, and evaluating the guidelines and standards for granting a special use permit as contained in Section 35-220 of the City's Zoning Ordinance, along with the acknowledgment this special use permit request complies with the general goals and objectives of the City's 2030 Comprehensive Plan, the Planning Advisory Commission of the City of Brooklyn Center did determine that Planning Application No. 2014-012 may be approved; and adopted Planning Commission Resolution No. 2014-13, which provides a favorable and unanimous recommendation to the City Council that this Special Use Permit be approved with certain conditions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Planning Commission Application No. 2014-012, submitted by Spiritual Life Ministries requesting approval of a Special Use Permit allowing a Group Day Care Facility within the Spiritual Life Church, located at 6865 Shingle Creek Parkway is hereby approved, subject to the following conditions: 1)The Special Use Permit is granted for a group daycare or childcare facility to provide temporary care of no more than 65 children, which is subject to the granting of a license by the Minnesota Department of Human Services. The Applicant shall submit a copy or proof of this licensing to the City. 2)Any expansion or alteration of the proposed group day care use beyond that contained in this submittal and approved under the proposed city council resolution, including any increase to the number of children to be cared for under this permit and Minn. DHS license shall require an amendment to the Special Use Permit. 3)The Special Use Permit and the related Group Day Care facility are subject to all applicable building codes, ordinances and regulations. Any violation thereof may be grounds for revocation. 4)The playground must be enclosed with a 5 ft. vinyl coated chain link fence, which is hereby considered a suitable material, and must maintain a minimum 4-foot high enclosure as measured from the top level of the playground's plastic play-curbs. 5) No outdoor music or loud speakers will be allowed in and around the outdoor playground area; the playground shall be monitored by the required number of adult leaders under the State DHS license; and the RESOLUTION NO. playground must be well maintained and secured during off hours of operations. 6)The Applicant must ensure that the playground area drains properly or provide measures or drainage devices that ensure positive drainage. 7)Children being dropped off or utilizing the childcare facility shall always be escorted by a parent or adult when entering or exiting the church facility. 8)Any playground curbing materials, play structures, fencing and/or concrete curb barricades damaged or destroyed due to accidents or natural events shall be replaced immediately. 9)Approval of the special use permit does not authorize additional signage other than that allowed for under City Code Chapter 34 — SIGNS. No banners or temporary signs will be allowed. July 14, 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. EXCERPT MINUTES OF THE PLANNING COMMISSION MEETING JUNE 25, 2014 APPLICATION NO. 2014-012 SPIRITUAL LIFE CHURCH Chair Burfeind introduced Application No. 2012-012, consideration of a Special Use Permit to allow a group day care facility for up to 65 children within the main church facility for the property located at 6865 Shingle Creek Parkway (See Planning Commission Report dated 6-25- 14 for Application No. 2014-012). Mr. Benetti stated the property is zoned C-1 (Service/Office) and a Group Daycare Facilities are listed as a special use in the C-1 zoning district. He added the facility has applied for state licensing with the Minnesota Department of Human Services, however, City Staff has requested they hold off on granting the program license until the special use permit has been considered and approved by the City of Brooklyn Center. Mr. Benetti provided details regarding the layout and function of the daycare. He also discussed the proposed layout of the playground in what is currently the parking lot and requirements the city will require for fencing/screening around the playground. Mr. Benetti explained a fence is planned around the entire perimeter of the playground area and a secondary fence is planned for the interior of the playground to separate the older kids from younger children. He pointed out the updated plan set for this playground are absent of any fence details and the original plans submitted called for the placement of a 4-foot high chain- linked fence along this outer edge. He added The Applicants were instructed by staff that the Cl Zone Special Standards requires "....a wood fence not less than four feet in height; or a Council approved substitute..." and at the last meeting with church representatives, the Applicants indicated they wished to install a 5-foot high chain-linked fence along this outer perimeter, but would consider a wooden or similar style (PVC maintenance free) type fence if required. He added the applicants were instructed to not put up a fence until final approval was granted; however, they put the fence up already anyway. He added it would appear that with a 5-6 foot high wooden fence, some of the dwellings surrounding the site may be able to see directly into the playground and these sight lines may make the fence limited for its intended use, which some may argue is to screen the activities or reduce noises coming from the playground. Mr. Benetti stated City Code requires a wood fence or suitable alternative and staff feels a wood fence would provide a much more visual and physical feature for vehicles and drivers inside the parking lot to pay closer attention to than a chain linked fence to provide as much protection to the users of this area. He added Planning Staff recommends a solid screen fence of either wood or suitable material is installed along the playground perimeters as a condition of approval, as opposed to an open chain linked fence. Mr. Benetti further explained there are other day care facilities in the R1 zoning district that do not have a screened fence but have a chained linked fence. He provided visuals of other day care facilities and what types of fencing and screening are on the sites. Page 5 6-25-14 EXCERPT MINUTES OF THE PLANNING COMMISSION MEETING JUNE 25, 2014 Mr. Benetti explained the five standards that must be met in order to grant a special use permit and reviewed the city's findings for 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. b)The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. c)The establishment of the special use will not impede the normal and orderly development and improvement of sun -ounding property for uses permitted in the district. d)Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets. e) The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. Commissioner Harstad stated she understands concerns regarding the splinters of the wood fence but if there are children running around outside, they could attempt to climb a fence, get out and get hurt. Mr. Benetti replied that hopefully staff would be able to monitor the kids and keep them off the fence. He added the ordinance says it must be a 4 ft. fence but doesn't have to be wood if there is an alternative material to provide screening. PUBLIC HEARING — APPLICATION NO. 2014-012 There was a motion by Commissioner Schonning, seconded by Commissioner Christensen, to open the public hearing on Application No. 2014-012, at 7:57 p.m. The motion passed unanimously. Chair Burfeind called for comments from the public. Mr. Kiril Totev, representing Spiritual Life Church, stated they are here tonight to discuss the fence situation and they have no objections to any of the other conditions of approval and have appreciated the help of the planning staff. Mr. Totev explained they decided to go with the chain link rather than a wood fence and knew that the fence had to be approved by the City Council. He added the main reason for the PVC chain link fence is that it looks nicer and it is softer to the touch and they decided to use this fence as they started to get bids and talk with contractors. Mr. Totev continued by stating the contractor they choose was very clear about not installing a privacy fence or plastic version because of the possibility of creating an overheating of the playground and in the last five years the contractor has not installed any wood fences. He added the children are generally less than 4 ft. tall and there is no air flow at the ground level that presents a risk for overheating the kids. Page 6 6-25-14 EXCERPT MINUTES OF THE PLANNING COMMISSION MEETING JUNE 25, 2014 Mr. Totev stated this was discussed with staff and Mr. Benetti let them know they should wait until after the City Council meeting to install the fence but it would have been very difficult to install the fence later and so they decided to install it and ask for forgiveness later. He added the only houses that have a clear line of site already have a privacy fence around their property and couldn't see into the playground unless from their second floor. He added even with a 6 ft. fence they would be able to see from their vantage point. He is not sure if the fence is intended to keep people from seeing in or to keep the noise in. Mr. Totev stated they hope the Commission will support their proposal on removing a condition of a wood fence and acknowledging any fence would be acceptable since they already have a fence in place. He said they feel a wood fence would be a detriment and no benefit to the surrounding area of the neighbors. He continued by saying as far as its ability to stop cars from barreling through there, the posts of the fence are very strong and bolted and cemented to the ground. He repeated the main reason not to have a privacy fence is for the health of the children so they are not overheated. He suggested Condition No. 4 be removed since they have installed a 4 ft. fence and the play area is already 12 inches up which creates a 5 ft. fence. Mr. Totev continued by saying the second thing he would like clarification on is Condition No. 9 regarding 'approval of the special use permit does not authorize additional signage'. He is not sure what that means. He wants to know if they can add a sign to indicate the child care facility is open. Mr. Benetti replied you can have additional signage but a permit must be obtained and be in compliance with Chapter 34 (SIGN ORDINANCE). He added approval of the Special Use Permit does not give automatic approval of any additional signage. CLOSE PUBLIC HEARING There was a motion by Commissioner Schonning, seconded by Commissioner Harstad, to close the public hearing on Application No. 2014-012. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. Commissioner Harstad stated she feels the chain link fence would be a better option after hearing the issues of heat in the playground area. Commissioner Schonning stated there is a valid point regarding the effects of the wooden fence on air flow, however, he is inclined to believe it is not exactly what the city ordinance allows but maybe there should be some flexibility since it is located in the Cl zone and not abutting in a R1 zone. He added he is also unhappy that the fence is already in place and the Commission is unable to make a fair and equitable recommendation since they already moved ahead and are looking for forgiveness. Commissioner Harstad asked about the requirements or need of a 4-foot high fence, or can they be required to put in a higher fence, and if approval was not granted, would the fence need to be removed. Mr. Benetti stated if the City Council does not accept this chain-linked style fence as an approved alternative, then yes, it would have to be removed or made to meet Code or City Council approvals. Mr. Benetti stated if the fence was recommended to go higher, there would need to be plausible reasons why. He added the issue at this point is whether or not this material Page 7 6-25-14 EXCERPT MINUTES OF THE PLANNING COMMISSION MEETING JUNE 25, 2014 should be allowed as an "approved substitute" and the Commission should make a recommendation with supportable or reasonable findings to the City Council, so they can make final approval. Mr. Benetti added some fences that have been approved have allowed for reduction in the ordinance requirements and since the ordinance is so old, staff is unsure what the intent of the ordinance is. He added the City Code does allow for some flexibility on this issue, which can be considered for approval. Mr. Eitel added the 4-foot high wood fence requirement is only for Cl and C2 zoning districts. Mr. Totev stated for future playgrounds, he suggests the city reviews the requirements for a 4 ft. wood fence and determine the intent of the ordinance to better define and perhaps change it. Commissioner Christensen stated he does not agree with forgiveness and feels they should have planned it out and waited for approval before jumping ahead. He feels this is a good alternative material and does not feel the code should be changed, since the intent could be to provide screening and noise barrier. He added overall he feels this is a good use and the material used is better than a metal fence. He stated he is not pleased with the fact that the applicant did not plan properly and went ahead with construction before receiving approval. Commissioner Schorming stated they did stay in the spirit of the ordinance but would have appreciated that they received approval first before moving ahead. Chair Burfeind stated he also feels that the process for the City is very important so Planning Commission, City Council, and staff are all on the same page before moving ahead. He added the fact the process was not followed is disturbing. He continued by saying he understands why it was done but that does not take back it was done without approval. Chair Burfeind stated when screening is discussed with regards to fencing requirements, a chain link fence is not approved. He does feel in this situation it is an acceptable alternative. He does not want this situation to set a precedent with the vision in mind for the city. He agrees it looks good but he does not feel the city code should be revisited because it is a place to start and sets minimum standards. Chair Burfeind also added he is glad to see a new daycare in the city and it is a nice investment to the community. He added any signs being added to the site must adhere to the city code and it is important to get city approval before installing a sign. Commissioner Christensen stated he does not want to see banners hanging from a chain link fence on the site. He added he wants appropriate signage approved by staff and City Council. It was the consensus of the Commission to approve the resolution with a change to Condition No. 4 — "The playground must be enclosed with a 5 ft. vinyl coated chain link fence, which is hereby considered a suitable material, and must maintain a minimum 4-foot high enclosure as measured from the top level of the playground's plastic play-curbs." Page 8 6-25-14 EXCERPT MINUTES OF THE PLANNING COMMISSION MEETING JUNE 25, 2014 The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2014-13 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2014-13 SUBMITTED BY SPIRITUAL LIFE MINISTRIES FOR A SPECIAL USE PERMIT TO OPERATE A GROUP DAYCARE FACILITY IN THE Cl (SERVICE OFFICE) DISTRICT (SPIRITUAL LIFE CHURCH — 6865 SHINGLE CREEK PARKWAY) There was a motion by Commissioner Christensen, seconded by Commissioner Schonning, to approve Planning Commission Resolution No. 2014-13. Voting in favor: Chair Burfeind, Commissioners Christensen, Harstad, and Schonning And the following voted against the same: None The motion passed unanimously. The Council will consider the application at its July 14, 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 9 6-25-14 Ivfo BROOKLYN CEMER Planning Commission Report Meeting Date: June 25, 2014 •Application Filed: 06/04/14 •Review Period (60-day) Deadline: 08/03/14 •Extension Declared: N/A •Extended Review Period Deadline: N/A Application No. 2014-012 Applicant: Spiritual Life Ministries (a/k/a Spiritual Life Church) Location: 6865 Shingle Creek Parkway Request: Special Use Permit to allow a Group Day Care Facility INTRODUCTION Spiritual Life Ministries (SLM) has submitted a request for Special Use Permit to operate a group day care or child care center, within their Spiritual Life Church facility, located at 6865 Shingle Creek Parkway. SLM is requesting to provide regular day care for up to 65 children, ranging from infants to Pre-Kindergarten kids. A public hearing has been scheduled with respect to this Special Use Permit application and notices have been sent to surrounding property owners. BACKGROUND Spiritual Life Church was established in 1984. In 1997, SLM received Site Plan approval to construct a new 28,000 sq. ft. church, which was completed in 1999. In 2001, the church was granted another site plan approval to provide a 7,000 sq. ft. addition to incorporate a new fellowship hall and meeting room. In 2005, the church once again received approval of a site plan to add a 7,583 sq. ft. addition to the church, along with a separate special use permit to allow Spiritual Life Bible College (SLBC) at this location. As stated in the Applicant's narrative: "SLM's management and board have recognized the increasing need for quality Christian based early childhood education in Brooklyn Center and surrounding communities; and in 2014, SLM's management and board approved a plan to create a Christian based preschool and child care center to operate at the existing premises in Brooklyn Center, MN." The subject property consists of 4.4 acres, and is located in the C-1 (Service/Office) District. The site is surrounded by R3 (Multiple Family Residence) uses to the west and south (Earle Brown Estates townhomes); and an office building at the corner of Xerxes Avenue and Freeway Boulevard. The properties to the north (across from Shingle Creek Parkway) are located in a PUD/I-1 (Planned Unit Development/Industrial Park) district. Pursuant to City Code Section 35-320, Subdivision 3b, Group Daycare Facilities are listed as a special use in the C-1 zoning district. The Zoning Ordinance defines group daycare facilities as a "facility licensed by the Minnesota Department of Public Welfare to provide child care for six or more children at one time. This term also includes, but is not limited to, facilities having App. No. 2014-012 PC 06/25/2014 Page 1 programs for children known as nursery schools, day nurseries, child care centers, play groups, day care centers, cooperative day care centers, and Head Start programs. In most cases, all group day care or child care centers contain an outdoor play area for the kids. In the Cl, C 1 -A and C2 Districts, outdoor recreational facilities (playgrounds, etc.) are regulated by certain special requirement standards. In this particular case, the site is Cl Zone and falls under City . Code Sect. 35-411, noted as follows: 6. In the case of group day care facilities, outside recreational facilities shall be appropriately separated from the parking and driving areas by a wood fence not less than four feet in height; or a Council approved substitute; shall be located contiguous to the day care facility; shall not be located in any yard abutting a major thoroughfare unless buffered by a device set forth in Section 35-400, Footnote 10; shall not have an impervious sinftwe for more than half the playground area; and shall extend at least 60 feet from the wall of the building or to an adjacent property line, whichever is less, or shall be bounded on not more than two sides by parking and driving areas. SPECIAL USE/GROUP DAY CARE DETAILS The proposed name of the new day care facility is "God's Little Treasures Childcare." SLM has already applied for state licensing of this child care with Minnesota Department of Human Services. City staff has requested the Department of Human Services to hold off granting this program license until such time the Special Use Permit has been given full consideration and approval by the City of Brooklyn Center. The proposed SLM license indicates no more than 65 children (8 infants, 28 toddlers and 29 pre-K) will be cared for at this site. When operating at full capacity the center will have 10 full-time employees and 1 part-time. The child care will take place in two separate areas of the church. The church currently has a very nicely decorated and furnished play room/nursery area on the north side of the building, which includes a separate 413 sf. room for the infants, and a 1,015 sf. area for the toddlers. This area appears to be equipped to handle the projected number of infants and toddlers. The pre-K and pre-school kids' room is located on the south side of the church building in a 1,025 sq. ft. room that was previously used for small gatherings and meetings. SLC is currently redecorating the interior of this room and plans are to have this room ready by the time the center opens. App. No. 2014-012 PC 06/25/2014 Page 2 App. No. 2014-012 PC 06/25/2014 Page 3 All drop-offs will take place at the existing south entrance, which leads directly into a main hallway leading into the main section of the church. Parents will drop-off their children in the respective areas, and exit the same way. The church is equipped to take in visitors or parents at the front door, but they are dedicating this south door entrance as the main entrance for the child care use. The church is also modifying a previously used meeting room into the dedicated child care office, next to the pre-K room. The City assumes this main door entrance/hallway and office will be constantly staffed or monitored to provide some form of security check-point or sign-in area for parents and children as they enter/exit this facility. Lunches or various snack meals will be prepared in a very well equipped and kept kitchen. SLC also intends to install a new 2,600 sq. ft. outdoor playground area near this south entrance location and inside their parking lot. This playground is subject to certain standards as noted in the following analysis section. App. No. 2014-012 PC 06/25/2014 Page 4 I • `:...____ yi._---- 0 TJ,.. \ \\_ ,...05ErE BEFIEPZE li101 ' II 11II I : I / „. Jillr II ; j r Er_ pTiorsjI 510 I Pr_ •P/TULT, SP, ,i,-....1.1,..:1E .1.4444 .E. / II ---- / r - i \ \ s.. i a • 43.- Cy / , 17 "1. T.'s"Xr's5 ,If -",.., E•ITI, ',...".•,„. .„ ..Er . /". EL T.: no% / PPE..., : N',... / AsTuar sps• 7 srEpz1.1 , f , 1 FE p N.....07 0.t-tgs-rso.k.RE4. -.._ apa, "....-••• IV ....-- corrETIPE 'tit" t55/‘, peop/.0 STU2 \-1 .' DE0.7 , 'N',..., , v.-, 1 if ZellE .., ,t,r4 7:Jr Vr'.:W.' ' 2-. K.:EA- - r ,...._#:,. 152'1 SO, FT X / . •.1.1.; 2paplpzi.r, N :.?‘.5.""FLY.40:Pe'V' \ rEZZER . IN PT L"-.. dr.. iz 4 ,1sr. EPP., 5 . cri, 3 fp. a,pip•-.3 N. lz. \ :PEET li,zr5zE4 • EE:IPE•10)pzos nzE; pr crEPTIpiT• A:PPE:PIE 3' :Erni ..._ ,,a., IE. 4.-.D. 2,0; •5; Er re, N / cc.EPTE Ezi./TE — , ---"..!-- •\ .-■'--- Tics P mrr n nIE ,nymf OF Z•11045074 P.05,151\ 11,5,55:P15 PE P`C, 15 J57 1-5 nc ...SPD. c:,,Er, 0; PEPRO'CCED AWAIT TER EJEinEED rT1T121 PEETENEN. ' '"I zz, 4,0,1,, I P 0 E7t 77325. GE51:01,03^5E. Mr/ 55427 Spiritual Life St:hoolCG "; , ,, • le.? 544.1757 1 454.522.5475 a-diiiip) .,., ,D cpfan r Er0Ohlyn CznIcr, 151Inncpota 1 '' E-P, .'r,/carn/p5.'TZT cum . _ . .az,PE EP1,-,... erz/11 I .' Dob9/H, The applicants have met with city staff (planning and engineering) to discuss this playground option, and they have submitted the updated plan (above) for review. The playground measures approximately 60-ft. x 35-ft. (2,100 sq. ft. in usable play space). The playground is proposed to be installed on top of the church's parking lot (bituminous layer to remain underneath), and will displace up to 16 dedicated parking spaces. The play area will be contained inside a 12-inch high, recycled PVC material "play-curb" system, which is linked and locked together to form a continuous curbed edging around the outer perimeters. The curbed enclosure is then filled with 3-inches of drainable aggregate, and topped with a 9-inch layer of engineered wood fiber looking material for a safe and comfortable ground cover. The playground is scheduled to be protected from vehicles in the parking lot by a semi- continuous row of 6-foot long, 6" x 6" concrete curb barricades along the east, south and west boundaries. City Code states the perimeters of all driving and parking areas shall be bounded by B6-12 (typical) curb and gutters. In this case, the city engineers have agreed to allow the playground area to be separated from the vehicle parking areas by these concrete curb units, provided they are spaced far enough away from the fenced in play area, are secured and fastened to the surface, and well maintained. The curbs will be placed approximately 3-4 feet away from the plastic curb line and perimeter fence, and are intended to prevent cars from driving into or backing into the fenced-in play area. App. No. 2014-012 PC 06/25/2014 Page 5 The 3-4 foot separation should also allow enough space for cars to maneuver (back-up) in and out of adjacent parking stalls. The parking aisle opening to the west of the playground will also be blocked by these curbs to prevent any vehicles from entering or using the two remaining parking spaces in this corner. This area will be striped-off and used only for maintenance vehicles on very rare occasions. The playground is scheduled to receive a fence along the entire outer perimeter, which includes dual swing gates to the north, west and south sides. The north gates will only be used for accessing the playground by the children and supervisors. The other two gates are for maintenance access points and will be locked at all times. A secondary fence is planned for the interior of the playground to separate the older kids from younger children. The updated plan set for this playground are absent of any fence details at this time. Original plans submitted by the Applicant called for the placement of a 4-foot high chain-linked fence along this outer edge. The Applicants were instructed by staff that the Cl Zone Special Standards (noted previously) requires "....a wood fence not less than four feet in height; or a Council approved substitute..." At the last on-site meeting between the church representatives and city staff, the Applicants indicated they wished to install a 5-foot high chain-linked fence along this outer perimeter, but would consider a wooden or similar style (PVC maintenance free) type fence if required. In relation to the physical elevations from the Earle Brown Estates townhomes to the south and west, and based on [assumed] sight line angles or vantage points from these dwellings, it would appear that even with a 5-6 foot high wooden fence, some of these dwellings may be able to see directly into the playground. These sight lines may make the fence limited for its intended use, which some may argue is to screen the activities or reduce noises coming from the playground. Nevertheless, City Code requires a wood fence or suitable alternative. Staff feels a wood fence would provide a much more visual and physical feature for vehicles and drivers inside the parking lot to avoid or pay closer attention to than a chain linked fence; and because the city is allowing the installation of the smaller concrete curb units, we feel it is of vital importance to provide as much protection to the users of this area. Therefore, Planning Staff recommends a solid screen fence, of either wood or suitable material is installed along the playground perimeters as a condition of approval, as opposed to an open chain linked fence. Should the Applicants disagree with this recommendation, they can provide opposing opinions or arguments to the contrary, and take this request to the City Council at the July 14 th meeting for final determination. SPECIAL USE PERMIT ANALYSIS Pursuant to City Code Section 35-220, Subdivision 2, a special use permit may be granted by the City Council after demonstration by evidence that all of the following [standards] are met: App. No. 2014-012 PC 06/25/2014 Page 6 a)The establishment, maintenance, or operation of the special use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. b)The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. c)The establishment of the special use will not impede the normal and orderly development and improvement of sunounding property for uses permitted in the district. d)Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets. e) The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. The analysis of this special use will provide responses or staff findings based on these five standards noted in 35-220, Subdiv. 2. a) The establishment, maintenance or operation of the special use will promote and enhance the general public welfare and will not be. detrimental to or endanger the public health, safety, morals or comfort. Staff feels this new group day care facility at this well established church facility and location, is for the betterment of public and general welfare of our residents, and will not be a detriment to the neighborhood; nor should it create any dangerous situations that affect the public, in either health, safety, morals or comforts. To the best of our knowledge, there are no cases, reports or enforcement actions (either pending or closed) filed by the city or other state/county agencies against this church group or property, which could give cause or reason to recommend against this church from operating or providing child care services at this location. Staff believes this child care would be an acceptable use under this particular standard. 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 Spiritual Life Church has been approved and operational at this location since 1999, and we have no evidence or registered complaints filed against this property from adjacent neighboring owners or the general public. The limited hours of the church and primary gatherings on the weekend typically have little if any impacts upon the surrounding uses or neighborhoods. Staff feels the operations of the new day-care will be limited primarily to inside hours, with some time or hours used by the children and staff in the outdoor playground area. Staff is not aware of any reports, research or information that demonstrates or proves the operation of a day care would "substantially diminish and impair property values within [a] neighborhood...". Therefore, Staff believes this group day care use would be acceptable under this particular standard. App. No. 2014-012 PC 06/25/2014 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. As noted previously, Spiritual Life Church has been approved and operational at this location since 1999, and we have no evidence or registered complaints filed against this property from adjacent neighboring owners or the general public. Most of the surrounding (or impacted) properties are the multiple family dwellings in the Earle Brown Estates, and the separate office building use. The operations of this day care will be contained on the site, and the playground is scheduled to receive a fence to safely contain and keep the kids inside. Although typical "child- like" noises will be heard from children playing inside the outdoor playground, Staff does not see that as being an impediment to the normal, orderly development of the surrounding properties; nor a factor to any long-term or negative impacts. 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 subject site contains three access points; one off Xerxes Avenue to the east, one access off from the south off Freeway Boulevard and one access to the west off Freeway Blvd. There are no plans to change or modify any access points serving this property or to serve this child care use. The narrative indicates the child drop-off will take place at the south entrance, which is near the proposed child care offices. The playground displaces 16 parking spaces. The church currently has 297 demarcated parking spaces to serve the overall church. When the church was approved in 1997, it was declared at that time the facility would seat up to 900 persons, and over 304 spaces were shown. Churches required 1 parking space for each 3 seats, or 300 spaces. Based on city staff's initial research and analysis of this request, we were concerned the loss of 16 or more spaces (due to the playground) would have jeopardized the church's parking requirements, which could potentially create a non-conforming use. Researching previous applications approved on this property (in 2001 and 2005), those planning reports indicated the church had a seating capacity of 600 seats, which would only require 200 spaces. Church representatives clarified this discrepancy in their most recent narrative submittal, in which they claim the church (sanctuary/assembly area) has a full seating capacity of 672 seats, which would only require 224 parking spaces. By taking away the 16 spaces from the current 297, leaves 281 spaces. The narrative clearly explains how the church provides three different services each week, with a one Thursday evening and two Sundays morning services. These separate services help alleviate any over-parking of the site during these events. From personal visits and observation of this church by city staff, we do not dispute this claim on the number of seating (672) and agree these numbers are an accurate reflection of the church, and the 281 parking left over once the playground is installed, will be adequate and safely accommodate the subject site. Staff believes this child care use and the overall functions and operation of the church facility meets these parking standards and is therefore acceptable. App. No. 2014-012 PC 06/25/2014 Page 8 e. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. Barring any objections or issues with the Minnesota Dept. of Human Services, staff believes the Applicant should be able to conform and meet or exceed the applicable regulations and codes established for this facility. Staff is confident that the Applicants will undertake serious efforts or measures to ensure this child care use meets or exceeds all current DHS regulations and standards, including safe entrance and exits points into the child care area, adhere or maintain ADA requirements as needed, maintain proper restroom facilities; keep fire safety measure in place; and others building and life-safety regulations. Staff believes this group day care will meet these standards, will be a nice addition to the community, and is acceptable. RECOMMENDATION It is the opinion of Planning Staff that the standards for this special use permit and the criterion used to measure or determine the appropriateness of this day care use in this Cl (Service/Office) zoning district have been satisfactorily addressed. Therefore, we recommended that Planning Application No. 2014-012, which comprehends the Special Use Permit for a Group Day Care use at the subject site be approved, and that the Planning Commission adopt the attached Planning Commission Resolution No. 2014-13, with the following conditions: 1)The Special Use Permit is granted for a group daycare or childcare facility to provide temporary care of no more than 65 children, which is subject to the granting of a license by the Minnesota Department of Human Services. The Applicant shall submit a copy or proof of this licensing to the City. 2)Any expansion or alteration of the proposed group day care use beyond that contained in this submittal and approved under the proposed city council resolution, including any increase to the number of children to be cared for under this permit and Minn DHS license, shall require an amendment to the Special Use Permit. 3)The Special Use Permit and the related Group Day Care facility is subject to all applicable building codes, ordinances and regulations. Any violation thereof may be grounds for revocation. 4)The playground must be enclosed with a solid screen wood or suitable material fence, and must maintain a minimum 4-foot high enclosure as measured from the top level of the playground's plastic play-curbs. 5)No outdoor music or loud speakers will be allowed in and around the outdoor playground area; the playground shall be monitored by the required number of adult leaders under the State DHS license; and the playground must be well maintained and secured during off hours of operations. 6)The Applicant must ensure that the playground area drains properly or provide measures or drainage devices that ensure positive drainage. App. No. 2014-012 PC 06/25/2014 Page 9 7)Children being dropped off or utilizing the childcare facility shall always be escorted by a parent or adult when entering or exiting the church facility. 8)Any playground curbing materials, play structures, fencing and/or concrete curb barricades damaged or destroyed due to accidents or natural events, shall be replaced immediately. 9) Approval of the special use permit does not authorize additional signage other than that allowed for under City Code Chapter 34 — SIGNS. No banners or temporary signs will be allowed. App. No. 2014-012 PC 06/25/2014 Page 10 Commissioner Christensen introduced the following resolution and moved its adoption PLANNING COMMISSION RESOLUTION NO. 2014-13 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2014-012 SUBMITTED BY SPIRITUAL LIFE MINISTRIES FOR A SPECIAL USE PERMIT TO OPERATE A GROUP DAY CARE FACILITY IN THE Cl (SERVICE/OFFICE) DISTRICT (SPIRITUAL LIFE CHURCH - 6865 SHINGLE CREEK PARKWAY) WHEREAS, Planning Commission Application No. 2014-012 submitted by Spiritual Life Ministries ("Applicant") proposes a special use permit allowing a Group Day Care Facility, within the Spiritual Life Church, located at 6865 Shingle Creek Parkway ("Subject Property"); and WHEREAS, the Subject Property is situated in the Cl (Service/Office) District and pursuant to City Code Section 35-320; Subpart 3, Group Day Care Facilities are only allowed by means of special use permit in all Cl Districts, and the Applicant has submitted such application to the City of Brooklyn Center for official consideration under Planning Application No. 2014-012; and WHEREAS, the Planning Commission held a duly noticed and called public hearing on June 25, 2014, whereby a planning staff report was presented and public testimony regarding the special use permit were received; and WHEREAS, the Planning Commission considered the Special Use Permit request in light of all testimony received, the guidelines and standards for evaluating this special use permit contained in Section 35-220 of the City's Zoning Ordinance, and the request complies with the general goals and objectives of the City's 2030 Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Planning Application No. 2014-012 submitted by Spiritual Life Ministries, be approved based upon the following considerations: a)The establishment, maintenance, or operation of the special use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals, or comfort. b)The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. c) The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. PC RESOLUTION NO. 2014-13 Page 2 of 3 d)Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets. e)The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. BE IT FURTHER RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Planning Application No. 2014-012 be approved subject to the following conditions and considerations: 1)The Special Use Permit is granted for a group daycare or childcare facility to provide temporary care of no more than 65 children, which is subject to the granting of a license by the Minnesota Department of Human Services. The Applicant shall submit a copy or proof of this licensing to the City. 2)Any expansion or alteration of the proposed group day care use beyond that contained in this submittal and approved under the proposed city council resolution, including any increase to the number of children to be cared for under this permit and Minn. DHS license shall require an amendment to the Special Use Permit. 3)The Special Use Permit and the related Group Day Care facility are subject to all applicable building codes, ordinances and regulations. Any violation thereof may be grounds for revocation. 4)The playground must be enclosed with a 5 ft. vinyl coated chain link fence, which is hereby considered a suitable material, and must maintain a minimum 4-foot high enclosure as measured from the top level of the playground's plastic play-curbs. 5) No outdoor music or loud speakers will be allowed in and around the outdoor playground area; the playground shall be monitored by the required number of adult leaders under the State DHS license; and the playground must be well maintained and secured during off hours of operations. 6) The Applicant must ensure that the playground area drains properly or provide measures or drainage devices that ensure positive drainage. PC RESOLUTION NO. 2014-13 Page 3 of 3 Children being dropped off or utilizing the childcare facility shall always be escorted by a parent or adult when entering or exiting the church facility. 8)Any playground curbing materials, play structures, fencing and/or concrete curb barricades damaged or destroyed due to accidents or natural events shall be replaced immediately. 9)Approval of the special use permit does not authorize additional signage other than that allowed for under City Code Chapter 34 — SIGNS. No banners or temporary signs will be allowed. June 25, 2013 Date z Chal.&/-7.7 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 , Harstad, and Schonning. and the following voted against the same: None whereupon said resolution was declared duly passed and adopted. June 10, 2014 Spiritual Life Ministries 6865 Shingle Creek Parkway Brooklyn Center, MN 55449 Special Use Permit Application Detail Established in 1984, Spiritual Life Ministries (SLM), Spiritual Life Church (SLC) and Spiritual Life Bible School (SLBS) have been a part of the community and a permanent fixture in the city of Brooklyn Center, MN for 30 years providing religious, education and humanitarian services to the local community and around the world. SLM is a non-profit corporation registered in the State of Minnesota and recognized as tax-exempt under section 501(c) 3 of the IRS code. In 1999, SLM constructed and moved to its current facilities located at 6865 Shingle Creek Parkway, Brooklyn Center, MN 55430. In 2005, as SLBS continued to grow and flourish, Spiritual Life Bible College (SLBC) was incorporated as a separate non-profit corporation registered in the State of Minnesota and recognized as tax-exempt under section 501(c) 3 of the IRS code. SLBC provides educational and religious services and is under the management control and leadership of SLM. For several years now, SLM's management and board have recognized the increasing need for quality Christian based early childhood education in Brooklyn Center and surrounding communities. In 2014, SLM's management and board approved a plan to create a Christian based preschool and child care center to operate at the existing premises in Brooklyn Center, MN. The center will run under SLBC and operate under the assumed name "God's Little Treasures Childcare". This DBA name has been registered with the Minnesota Secretary of State (see attached). The center will be licensed by the Minnesota Department of Human Services (license application attached) with an initial license for 65 children (8 infants, 28 toddlers and 29 pre-K). It will use existing South entrance, indoor facilities, plus a new 2,600 square foot outdoor playground to be constructed in June 2014 in the South parking lot of the property (see attached building and playground plans). The playground construction will displace 16 of the existing parking spaces in the South parking lot. SLM's management believes that in spite of losing 16 parking spots there is ample parking on site to accommodate our Sunday services and special events. When operating at full capacity the center will create 11 additional jobs. It will have 10 full time and 1 part time employees (see organizational chart). We respectfully ask the city of Brooklyn Center Planning Commission and City Council to grant us the special use permit to operate the proposed preschool and childcare center. Special use permit application and fee are attached. Thank you for your kind consideration and cooperation! June 10, 2014 Spiritual Life Ministries 6865 Shingle Creek Parkway Brooklyn Center, MN 55449 Special Use Permit Application Detail — Services, Seating Capacity and Parking Spiritual Life Church currently holds three regularly scheduled services every week: two on Sunday morning (8:30AM and 10:30AM) and one on Thursday evening (7:00PM). The average attendance is about 200 at Sunday's 8:30AM service, 500 at Sunday's 10:30AM service and 150 at Thursday evening service. These numbers fluctuate somewhat during the year based on seasonality, but have remained relatively stable, growing slightly over a period of several years. To meet seating requirements for our services, we have adopted a 630 chair seating configuration in our sanctuary following our stage remodeling. This seating capacity is generally sufficient to comfortably accommodate all service attendees. On certain special services (Easter, other special speaker events) we add an additional row of chairs at the front of the sanctuary that brings our seating capacity up by 42 chairs to 672. This increased seating capacity has historically been sufficient to accommodate our increased seating requirements on special occasions. Our parking lot currently has 297 parking spaces following our most recent building addition in 2005. The proposed outdoor playground needed for our proposed preschool and daycare center, requiring this special use permit application, will displace a total of 16 parking spaces, bringing out total usable parking spaces to 281. Based on the City of Brooklyn Center ordinances requiring us to have 1 parking space for every 3 seats and based on our maximum seating configuration of 672, the number of parking spaces required to satisfy the city ordinance is 224. With 281 parking spaces available (after construction of the outdoor playground is completed), we will still have 57 parking spaces over the minimum city requirements which we believe will be sufficient to cover our growth and parking needs for the foreseeable future. We respectfully ask the city of Brooklyn Center Planning Commission and City Council to grant us the special use permit to operate the proposed preschool and childcare center. Thank you for your kind consideration and cooperation! The nearest thing to 3 5/8" [.09M] I -I 7 1/2" [.19M] L_____ 4'-4" [1.32M] 1=11 TOP VIEW 4860/4861 3 1/2" [.09M] 360 12" PLAY CURBEnriching Childhood Through Play. 1 -800-235-2440 ISSUED/REVISED: 05/18/10 0 INSTALLATION RECYCLED BLACK 4860 = DETAIL COLOR OPTION 4861 O _ PARTS LIST 12" ADAPTABLE END PLAY CURB RECYCLED BLACK 6217 REFERENCE 12" ADAPTABLE END PLAY CURB COLOR OPTION 6218 INSTRUCTIONS NOTE: THIS INSTALLATION BOOKLET SHOULD BE KEPT INCUSTOMER'S FILE FOR FUTURE REFERENCE. NOTE: Do not overtighten bolts. To overtighten may cause buckling or dimpling of some parts. NOTE: Read installation instructions thoroughly be- fore starting assembly. Pour concrete only after final assembly is complete. Bracing material may be required during assembly. NOTE: It is important to check the hole location in the upright and on the drawings while assembling this unit. NOTE: Place a brick or equivalent at the bottom of ground holes (where shown), to provide a solid foundation. Allow for this in hole depth. HARDWARE: All nuts, bolts, screws, inserts, and lockwashers used in the assembly of all play equipment, shall be service condition SC 2 (Moderate) Type ll zinc plated with a yellow chromate conversion coating. (ASTM B-633-85) SPECIFICATIONS: GAMETIME® has a policy of continuous improvement and reserves the right to discontinue or change specifications without notice. Recycled Playcurb: 0'-3 1/2" wide x 12" high x 4'-4 3/8" long rotational molded. 100% recycled/reclaimed linear low density polyethylene. Walls are 3/16" thick. Color Option Playcurb: 0'-3 1/2" wide x 12" high x 4'-4 3/8" long rotational molded linear low density polyethylene. Walls are 3/16" thick. NOTE: Due to this product being recycled, the colors of borders may vary slightly. 1.Install before backfilling with protective surfacing. 2.Dig holes according to Ground Plan. NOTE: Due to extremes in weather and soil conditions, hole sizes may have to be increased to meet local conditions. 3.Pour concrete into several footing holes and lay playcurbs in position over surface. Push stakes through the playcurbs and into concrete. Keep playcurbs straight and plumb. Continue this procedure until the entire play area is complete. 4.Allow 48 hours for concrete to set up before backfilling. TOP VIEW 6217/6218 IMPORTANT PRODUCT INFORMATION AND SAFETY WARNINGS 0 All equipment should be installed on a soft, resilient, energy-absorbing ground surface. NEVER INSTALL PLAY EQUIPMENT ON CONCRETE OR ASPHALT. A fall on a hard surface can result in serious injury to the equipment user. 0 ALWAYS FOLLOW INSTALLATION INSTRUCTIONS WHEN ERECTING EQUIPMENT. 0 Worn surfaces around equipment should be restored. Concrete footings should never be exposed. Surface depth should comply with installation instructions. 0 Equipment should be placed to eliminate conflicting traffic patterns. 0 All equipment should be free of rust and repainted whenever necessary to deter rusting. 0 All protruding nuts and bolts should be covered; sharp edges on pipes should be capped or removed. Check for bent, broken or severely worn pipe and replace. 0 Test overall stability and rigidity of all play equipment. Check for proper assembly, installation and ground anchoring. o Check for and repair damage caused by wear or vandalism, a major factor in injury-causing situations. 0 GameTime0 PROVIDES ITS CUSTOMERS WITH COMPLETE SPECIFICATION SHEETS AND INSTALLATION INSTRUCTIONS. THE SPECIFICATION SHEET CONTAINS THE LISTING OF EVERY PART USED IN A PIECE OF EQUIPMENT AND SHOULD BE KEPT IN THE CUSTOMER'S FILES FOR ACCURATE REFERENCE WHEN REPLACEMENT PARTS ARE NEEDED. 0 Never add components not intended for use with this product. 0 Regular checking of all parts, castings, etc. should be made. If a part is broken or worn it should be replaced immediately. 0 Proper maintenance of GameTime® equipment requires regular tightening of all bolts, nuts, and set screws. o Check to be sure all fittings are tight and that the bars and pipes do not move. o A soft, resilient surface should be placed under all climbers, extending at least six feet in all directions surrounding the climbers. NEVER INSTALL PLAY EQUIPMENT ON CONCRETE OR ASPHALT. 0 Assembly all slides on level ground to insure proper run-off of slide bedway. The runoff portion of bedway should slope downward no more than 4 degrees. 0 Examine bedway, bedrails, handrails for foreign objects, holes, and rough edges. o A soft resilient surface should be placed under all slides, extending at least six feet in all directions surrounding the slides. NEVER INSTALL PLAY EQUIPMENT ON CONCRETE OR ASPHALT. PAGE 2 0'-6" [15.24cm] DIA x 1'-6"[45.72cm] DEEP 1-_..ifTL-4[C4F_111=---11r-ITgy 2'-6" [76.20cm] I II I 1=Ti- I 1=-1 ' • • -17 •EARTH 0'-6" [15.24cm] CONCRETE FOOTING 2-6" [76.20cm] STAKE 0 1 -12" [30.48cm] r-- 4'-0" [121.92cm] Notes: - SUGGESTED MINIMUM CONCRETE RATING: 3000 PSI. - HOLE DEPTHS INDICATED ON ALL GROUND PLANS ARE MEASURED FROM THE FINISHED SURFACE. ALL FOOTING DIMENSIONS ARE BASED ON LEVEL FINISHED SURFACE. GROUND PLAN 4860/4861 CONCRETE REQUIRED: .02 CUBIC YARDS [.01 CUBIC METERS] PER BORDER (2 STAKES) NOTE: CONCRETE FOOTINGS MAY NOT BE NECESSARY IF THE SOIL/BASE CONDITIONS ARE FIRM AND HOLD THE STAKE SECURELY. SIDE ELEVATION 4860/4861 NOTE: CONCRETE FOOTINGS MAY NOT BE NECESSARY IF THE SOIL/BASE CONDITIONS ARE FIRM AND HOLD THE STAKE SECURELY. PAGE 3 WHEN FINE LOOSE FILL IS USED (PEA GRAVEL, SAND), PLACE A PLASTIC SHEET OR GEO-TEXTILE FABRIC BETWEEN INSIDE OF CURB AND LOOSE FILL. UNCUT ENDS AT OPENING INTERLOCKING CONNECTION 1 1--1ViritITIT-±4111-1-1.-_111t141TTf. •=11E111E111E- 111E111E1 1 -111E111:_=.1111,7z111E_-115 ELEVATION VIEW 4860/4861 CUT BORDER TO SPECIFIED LENGTH WHEN BUTTING TO A WALL OR OTHER SURFAC NOTE: CONCRETE FOOTINGS MAY NOT BE NECESSARY IF THE SOIL/BASE CONDITIONS ARE FIRM AND HOLD THE STAKE SECURELY. 3 1/2" [8.89cm] EARTH =1 I I - CONCRETE FOOTING PROTECTIVE SURFACE 2'-6" [76.20cm] STAKE 4860/4861 ABOVE GRADE 2'-6" [76.20cm] STAKE 4860/4861 BELOW GRADE END SECTIONS PAGE 4 IKLYN ffy of BROOKLYN CENTER 6865 Shin& Creek Parkway Spirituai Life Church 0 80 160 320 Feet `umMt vrtejaV-A_.ra • `of A ,44--Nt;‘,Th 1 l'[2 Ili! I 1 I SpIritucajle SpItituaajleaur.—Al-1.tr, 3 0 . T.- (P' 0 m _ d) ,. ,.. -4.) I . S C. 0. G®88G08GG904 = ▪ 0 • 1= 5 1, 2 g; 5 =, 33g g.i;fi-11 'gi -1°- 67:c•: a -CP: IV SPORZO LUFE ril 6 A 7.; City Council Agenda Item No. 10a COUNCIL ITEM MEMORANDUM DATE: July 7, 2014 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk 9/I f\akK 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 Rochelle Sweeney, 2213 54 th Ave N, to the Planning Commission with term to expire December 31, 2015. Background: The Planning Commission is composed of a chairperson and six members. There is one vacancy 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 June 20, 2014, update. Attached for City Council Members only is a copy of the application received: Rochelle Sweeney 2213 54th Ave N The applicant was notified that her application for appointment would be considered at the July 14, 2014, City Council meeting. Mayor Willson recommends appointment of Rochelle Sweeney. 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 at www.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, safe 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 June 27, 2014 Current MembersApplicants Stephen SchonningRochelle Sweeney Randall Christensen Benjamin Freedman Katy Harstad Scott Burfeind Carlos Morgan One vacancy. Neighborhoods Southeast Northeast Northwest West Central Central Southwest City Council Agenda Item No. 10b COUNCIL ITEM MEMORANDUM DATE: July 7, 2014 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk 11MAA-tth\k-- SUBJECT: Mayoral Appointment of Member to Serve on Financial Commission Recommendation: It is recommended that the City Council consider ratification of the Mayoral appointment of Anna Burke, 7012 Morgan Avenue North, to the Financial Commission with term to expire December 31, 2016. Background: The Financial Commission is composed of a chairperson and six members. There is one vacancy 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 beginning January 7, 2014. Announcement was made in the January 16, 2014, edition of Brooklyn Center Sun-Post 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 June 27, 2014, update. Attached for City Council Members only is a copy of the application received: Anna Burke 7012 Morgan Avenue North The applicant was notified that her application for appointment would be considered at the July 14, 2014, City Council meeting. Mayor Willson recommends appointment of Anna Burke. 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 at www.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, safe community that enhances the quality of life and preserves the public trust City of Brooklyn Center Financial Commission Geographical Distribution (Chairperson and Six Members) Current Members June 27, 2014 Neighborhoods Southeast Applicant(s)Current Members Dan Schueller James Schulz Northeast Northwest West Central Central Steve Landis Dean Van Der Werf Rex Newman Teneshia Kragness Southwest One vacancy. Anna Burke City Council Agenda Item No. 10c COUNCIL ITEM MEMORANDUM DATE: July 14, 2014 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk 4 i 14 -64Ateiv( SUBJECT: Type IV 6-Month Provisional Rental License for 1706 71 st 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 1706 71 st 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 15 property code violations found during the initial rental license inspection and one validated police incidents/nuisance calls for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 01-29-2014 03-20-2014 04-17-2014 04-28-2014 The Owner, Anne Sandeen, applied for renewal of the rental dwelling license for 1706 71 st Ave N, a single family dwelling. An initial rental inspection was conducted. 15 property code violations were cited, see attached rental criteria. A second rental inspection was conducted and failed. The owner was informed a sleeping room cannot be located in the lower level without proper means of egress. The inspector spoke with the owner on the phone regarding the egress window requirements. 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 04-29-2014 04-30-2014 05-29-2014 05-29-2014 05-07-2014 05-20-2014 06-03 -20 14 06-26-2014 A follow-up inspection was conducted and the property passed with weather deferral due to completion of the egress window. The previous rental license expired. A follow-up inspection was conducted and passed with all items complete. City records indicate one validated police incident/nuisance calls occurred in the past twelve months. (Disturbing the peace on 10-13-2013.) 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. 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 July 14, 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 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 disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy — Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable Mission: Ensuring an attractive, clean, safe, inclusive 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 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 Property Code and Nuisance Violations Criteria Type IV —6 Months 1-2 units 3+ units Greater than 8 Greater than 3 COUNCIL ITEM MEMORANDUM concerns that the establishment no longer complies with the license category criteria, perfoim 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). 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 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for people and preserves the public trust 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 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. 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 jaw Brooklyn Center, MN 55430-2199 _ME:MUMS Phone: 763-569-3300 TTY 711 Fax: 763-569-3360 www.cityofbrooklyncenter.org Rental License Mitigation Plan--Type IV Rental License Handwritten plans will not be accepted. Please type or use fillable form on City website. Section A— Property Information Property Address 1706 71st Avenue North, Brooklyn Center, MN 55430 °wner Name: Patricia Anne Sandeen Local Agent: Owner Address: 4826 Bowers Dr NW, Ramsey MN 55303 Agent Address: Owner Phone 763-213-4889 Agent Phone: Owner Email: sandeeninc@aol.corn Agent Email: Rental License: New il Renewal: Current *Pending (Six months License Expiration Date: 4/30/2014 Type IV License Exp. Date: 10/31/2014 from run ear 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. Sget110A .13-'• Refillili'ed POcUIlleiltS Submit the following documents with the Mitigation Plan for approval: 1 1 1 Crime Free Housing Program Training Certificate (if completed, if not completed, please include scheduled date in Section C.f1 1 L 2. Copy of Lease including Minnesota Crime Free Housing Lease Addendum I 3. Submit written report by 10 th of each month (after license approval).1 :Section C. Crime Free Housing PrOgraMRequirements IIPha§e I 11 1. Use written lease including Crime Free Housing Lease Addendum. i 2. Conduct criminal background check for all prospective tenants. Provide do intleCEOVE r.tation to City. ih i4 MAY z 0requested.I 1 3 Pursue the eviction of tenants who violate the terms of the lease or any adde Page 1 Type IV Mitigation Plan Rev 11-16-11 I i I 4. Attend City approved eight hour Crime Free Housing course. Date Course Scheduled:Date Course Completed: 12/10/2010 or Phase II improvements recommended by the to be completed by: 7/31/2014 I ,/ Complete Security Assessment and implement all security Brooklyn Center Police Department. Date Scheduled: 5/27 /2014 Improvements Phase ni (two). 2014 & September 11, 2014 gm I will attend a minimum of 50% of the ARM meetings I will attend the ARM meetings scheduled for: July 10, 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? I Yes No for a Type IV Rental License upon renewal. within the past year. crime prevention techniques. I will have no repeat code violations documentedpreviously For properties with four or more units: I includeswill conduct resident training annually that1 .1 I will hold regular resident meetings. Section D — Long Term Capital Improvements Plan Based on condition and age, estimated replacement dates are provided for common capital items. Funding should be considered accordingly. However, items broken, worn or otherwise in violation prior to the estimated replacement date will require earlier corrections. Date Last Replaced Estimated Replacement Date Furnace/AC-12/7/20 0 Water Heater- Kitchen Appliances-12/11/2006 Laundry Appliances-7/17/2010 0 . Exterior -Paint/Siding, fascia, trim VallillatillillWUMIIIIIMwraemonzi- mumIM2MMIll' ME 0 ' CI June 2010 -Windows 6/9/2004 -Roof 8/1/1999 -Fence -Shed -Garage -Driveway June 2014 -Sidewalks Smoke Alarms & Carbon Monoxide Alarms 5/1/2014 Other(s) Section E — Steps to improve Management and Conditions of Property I mplementing the following best practices may assist in the By checking the boxes below, you agree to: management of your property. month. li 1 I I. Check in with tenants every 30 days.1 1 i 1 2. Drive by property to check for violations twice a Type IV Mitigation Plan Rev 11-16-11Page 2 Evict tenants in violation of the lease and all addendums. Provide lawn/snow service. Provide garbage service. Install security system. 7. Provide maintenance service plan for appliances. Name of service co.: PA 8. I am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other financial claims due to the City. 1151 9. Other(s): Comply with and maintain landscape standards for crime free housing. Maintain secutity criteda. Provide contact information to neighbors For Cit■ Use—N itiaation Plan Approved Da0/›*/ P AY Please read thoroughly: If the Type IV Rental License is approved by the City Council, the Licensee must comply with the approved Mitigation Plan and all applicable city codes. No later than the 10 th of each calendar month, the licensee must submit to the Building and Community Standards Department a written report describing all steps taken to comply with the Mitigation Plan. I verify that all information provided above is true and accurate. I understand that if I do not comply with an approved Mitigation Plan, comply with all applicable ordinances within the license period, or operate beyond the license expiration date; enforcement actions such as citations, formal complaint or license review may result. Patricia Anne Sandeen Owner or Agent Name and Title (PI ase Print) dtwi AmiL 5/18/2014 Owner or Agent Signature Date Richard W Sandeen Additional Owner or Agent Name and Title (if applicable) (Please Print) 5/18/2014 Additional Owner or Agent Signature Of applicable) Date Page 3 Type IV Mitigation Plan Rev 1146-11 Xiong Thao From: Sent: To: Subject: Anne Sandeen <sandeeninc@aol.com > Friday, May 30, 2014 9:26 AM Xiong Thao Re: 1706 71st ave - mitigation plan Xiong, Please see my capital improvement plan below. Thank you. Item Date of last replace Estimated replacement date Furnace 2010 2040 (30 years) Water heater 2001 2016 (15 years) Kitchen Appliances 2006 2021 (15 years) Laundry Appliances 2010 2020 (10 years) Exterior Paint/Siding, fascia 2006 2031(25 years) Windows 2004 2034 (30 years) Roof 1999 2029 (30 years) Fence N/A N/A Shed N/A N/A Garage 1977 2037 (60 years) Driveway 1977 2014 (37 years) Sidewalks 1977 2037 (60 years) Smoke alarms & Carbon Monoxide Alarms 2014 2024 (10 years Patricia Anne Sandeen 1706 71st Avenue North Brooklyn Center, MN 55430 Original Message From: Xiong Thao <xthaoci.brooklyn-center.mn.us > To: 'sandeeninc@aol.com <sandeenincaol.com > Sent: Thu, May 22, 2014 9:48 am Subject: 1706 71st ave - mitigation plan Patricia, I have reviewed your mitigation plan and I need you to provide me with more information on the capital improvement plan. Please give me future replacement dates for the listed items. The dates can be in an email format and does not need to be on a new plan. See the example below on what I am looking for. Furnace Water heater Kitchen appliances Laundry appliances Exterior items -painting -windows -roof -fence -shed -garage -drive way Smoke and co alarms Item Date of last replace Estimated replacement date Furnace 1995 2025 (30 years) Water heater 2005 2015 (10 years) Please send this information to me no later than May 30, 2014 so I can approve your plan and have it to council on the June 9th agenda. Thank you. Xiong Thao Housing & Community Standards Supervisor City of Brookyn Center 6301 Shingle Creek Pkwy Brooklyn Center, MN 55430 763-569-3433 — Phone 763-569-3360 — Fax 763-569-3344 — Inspection Scheduling 2 City Council Agenda Item No. 10d COUNCIL ITEM MEMORANDUM DATE: July 14, 2014 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 7169 Unity 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 7169 Unity 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 15 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: 02-04-2014 02-25-2014 03-26-2014 04-14-2014 04-14-2014 04-14-2014 The Owner, Angelique Brown, applied for renewal of the rental dwelling license for 7169 Unity Ave N, a single family dwelling. An initial rental inspection was conducted. 15 property code violations were cited, see attached rental criteria. A follow-up rental inspection was conducted and failed. A follow-up rental inspection was conducted and passed. A $100 reinspection fee was charged to the property. City records indicate zero validated police incident/nuisance calls occurred in the past twelve months. - - 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 04-30-2014 05-01-2014 05-02-2014 05-07-2014 05-20-2014 06-03-2014 06-26-2014 The previous rental license expired. The property was posted as unlicensed. 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. 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 July 14, 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 consider, among other things, the facility, its management practices, the nature and Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy — Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are dete mined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Mission: Ensuring an attractive, clean, safe, inclusive Community that enhances the quality of life for all people and preserves the public trust 1-2 unitsType I — 3 Year 3+ units Type II —2 Year 1-2 units 3+ units Type III — 1 Year 1-2 units 3+ units Type IV —6 Months1-2 units 3+ units Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit 0-1 0-0.75 Greater than 1 Greater than 0. Greater than 4 Greater than 1 Greater than 8 Greater than 3 but not more than 4 75 but not more than 1.5 but not more than 8 .5 but not more than 3 COUNCIL ITEM MEMORANDUM Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: •At least 75% of units will be inspected for properties with 15 or less units. •At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category Impact 1-2 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 Mission: Ensuring an attractive, clean, safe, inclusive con ununity that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 5 or more units Greater than 0 35 but not more than 0.50 Decrease 2 Categories 1-2 Greater than 3 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: 0 Vibrant Neighborhoods Attachment - Mitigation Plan - -- - Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for till people and preserves the public trust I City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 -:. 76'.: 56.9- .:500 T7 Y 711 76..3 569-3.360 wz.vw ;To f hrook;yortner.oig Rental License Mitigation Plan--Type IV Rental License Handwritten plans will trot he accepted. Please type or use filloble firm on City webs/le. Seet10(8--..PtiiiierWrifni-itfatidn Property Address: 7169 Unity Ave North Owner Name: Angelique Brown Local Agent: Owner Address: 1700 Xerxes Ave North, Mpls, MN 55411 Agent Address: Owner Phone: 6122670786 Agent Phone: Owner Email: lique.68.ab@gmail.com Agent Email: Rental License: I New I Renewal: Current *Pending (Six months License Expiration Date: 1-11/D I I / )cr Type IV License Exp. Date: ir? I 3\ • from current license expiration) Based on properly conditions and/or validated police nuisance incidents, the above referenced property qualifies for a Type IV Rental License. Before your license application ean be considered by the City Council, a Mitigation Plan must be completed and reviewed by City staff. A hilly 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: lime 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 :13413.6,qiiitoid DOeumetits: . Submit the following documents with the Mitigation Plan for approval: I i I 1 Crime Free I lousing Program Training Certificate (ilcomplctcd. ilnot completed, please include scheduled date in Section C.,1 L 2. Copy of Lease including Minnesota Crime Free I-lousing Lease Addendum 3. Submit written report by 10 t1 of each month (after license approval). Sectio-ii C-:Crittl FreelititaniNirrraniWeinieeittetit5 I. Use %Nritten lease including Crime Free I lousing Lease Addendum. I 1 2. Conduct criminal background check for all prospective tenants. Provide documentation to City if requested.I v J 3 Pursue the eviction of tenants who violate the terms of the lease or any addendums, Page 1 Type IV Mitigation Plan Rev 11-16-11 I N/ I 4. Attend City approved eight hour Crime Free Housing course. Date Course Completed: or Date Course Scheduled: 61121 " Phase 11 Complete Security Assessment and implement all security improvements recommended by the 13rooklyn Center Police Department. Date Scheduled: 6/6114 Improvements to be completed by: .3 Phase 111 1 / Hill attend a minimum 01'50% of the ARM meetings (two). I will attend the ARM meetings scheduled for: ntl 1114 & 11113114 Do these two meeting dates occur before the *Pent/ing 7jpe Ir License expiration date? k Yes L No (*See Sect ion A) If no, you will only be able to qualify for a 'Iype IV Rental License upon renewal. I I II will have no repeat code documentedviolations previously within the past year. For properties with four or inure units: I 1 •I w i ll conduct resident training annually that includes crime prevention techniques.I ) I will hold regular resident meetings. l'SR, 011 i5eL uiig T:6 lir Olaf OproVtiii0iik, - ;R:._::- g:,,,7:V-='---,-- 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 Re lacement Date Furnace/AC-' .. .111111111.111 ' t * Water Heater- Kitchen Appliances -.A Q ,IR I 2 ' p / 1.Laundty Appliances- Exterior -Paint/Siding, fascia, trim ./ i0oiAtcge_e ': n4--, )4 -Windows )-Roof -Fence -Shed -Garage -Driveway -Sidewalks ' -,?6. I tt (5 t elSmoke Alarms & Carbon Monoxide Alarms Other(s)4:Seetilti4 R:;-.Sthi S':WIfp:fif0'01VIAii -4 000 ,:fitid:CO-40.i(kia:Of Ptiiii4t:: --.' I Implementing the following best practices may assist in the management of our propel ty. By checking The boxes helm'', you agree 10:1 I 1. Check in with tenants every 30 days.II 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. I. Provide lawn/snow service. 5 Provide garbage service. 6.Install security system. 7.Provide maintenance service plan for appliances. Name of service co.: S. I am and will remain current on payment ()futility fees, taxes, assessments, lines, penalties and other financial claims due to the City. 9. Other(s): 1711 Police Department /Title PICRSe teati 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 imfbrmation provided above is true and accurate. I understand that it' 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. Angelique Brown Owner or Agent Name and Title (Please Print) ((e-cry DateOwn r or Agent Signature Additional Owner or Agent Name and Title r'if applicabk) (Please MO Additional Owner or Agent Signature (if a/Vier/No Date Page 3 Type IV Mitigation Plan Rev 11 -16 -11 City Council Agenda Item No. 10e COUNCIL ITEM MEMORANDUM DATE: July 14, 2014 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 5929 Lyndale 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 5929 Lyndale 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 (four) 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 complete Phase II security assessment follow-up. Therefore, according to City Ordinance, the license category remains a Type IV. The property owner received a Type IV Rental License on December 9, 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 comma*, that enhances the quality of life for all people and preserves the public trust 01-30-2014 02-19-2014 03-20-2014 03-20-2014 04-30-2014 05-01-2014 05-19-2014 06-03-2014 06-26-2014 Prior Type IV 08-07-2013 08-20-2013 09-19-2013 09-19-2013 10-09-2013 10-25-2013 10-31-2013 10-31-2013 11-25-2013 COUNCIL ITEM MEMORANDUM The owner, Jean Darnell, applied for renewal of the rental dwelling license for 5929 Lyndale Ave N, a single family dwelling. An initial rental inspection was conducted. Four property code violations were cited, see attached rental criteria. A second inspection 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 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 July 14, 2014 Rental License approval activities: The Owner, Jean Darnell, applied for renewal of the rental dwelling license for 5929 Lyndale Ave N, a single family dwelling. An initial rental inspection was conducted. Ten property code violations were cited, see attached rental criteria. A second rental inspection was conducted and passed. City records indicate one validated police incident/nuisance calls occurred in the past twelve months. Weapons violation on 07-03-2013. 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. A Mitigation Plan was submitted. The previous rental license expired. The Mitigation Plan was finalized. A letter was sent to the owner notifying that the hearing before the Council will be held December 9, 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. 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 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. 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. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust COUNCIL ITEM MEMORANDUM 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4. License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: •At least 75% of units will be inspected for properties with 15 or less units. •At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit Type I — 3 Year 1-2 units 0-1 3+ units 0-0.75 Type II— 2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1 5 Type III — 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV —6 Months 1-2 units Greater than 8 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 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 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). Budget Issues: There are no budget issues to consider. Council Goals: Strategic Priorities: e Vibrant Neighborhoods Attachment - Mitigation Plan - Resolution Approving a Type IV Rental License for 5929 Lyndale Ave N Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust 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:5929 Lyndale Avenue N, Brooklyn Center, MN 55430 G"'"N "e:William and Jean Darnell Local Agent: Owner Address: 1746 Alton Rd, New Brighton, MN 55112 I Agent Address: Owner Phone:651 .633 .9971 Agent Phone: Owner Email: Sithherald@gmail.com Agent Email: Rental License: I I New 11 Renewal: Current *Pending (Six months License Expiration Date: 4/3 °/2°14 Type IV License Exp. Date: 1013112014 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 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 AddendumIif i 3. Submit written report by 10 th of each month (after license approval). Section C— Crime Free Housing Program Requirements Phase I. Use written lease including Crime Free Housing Lease Addendum. 2. Conduct criminal background check for all prospective tenants. Provide documentation to City if requested.1 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 6516339971 p.1 City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 •lay 19 14 08:51p Jean••eim me•• a,..ff u....r._ Phone: 763-569-3300 TTY 711 Fox: 763-569-3360 www.cityofbrooklyncenter.org COUNCIL ITEM MEMORANDUM 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 May 19 14 08:51p Jean 6516339971 p.2 i 4. Attend City approved eight hour Crime Free Housing course. Date Course Completed: 9/2212011 or Date Course Scheduled: Phase rt[IJ Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. Date Scheduled: 10/24/2013 (done) Improvements to be completed by: Phase HII I I will attend a minimum of 50% of the ARM meetings (two). ul I will attend the ARM meetings scheduled for:Jy 10, 2014 & Sept 11, 2014 Do these two meeting dates occur before the *Pending Type IV License expiration date? I--- (*See Section A) If no, you will only be able to qualify for a Type IV Rental License upon Yes I I No renewal. 1 Ii will have no repeat code violations previously documented within the past year. For properties with four or more units: I Il I training that includes techniques.will conduct resident annually crime preventionII will hold regular resident meetings. Section D — Long Term Capital Improvements Plan Based on condition and age, estimated replacement dates are provided for common capital items. Funding should be considered accordingly. However, items broken, worn or otherwise in violation prior to the estimated replacement date will require earlier corrections. Date Last Replaced Estimated Replacement Date Furnace/AC- No AC Pump boiler is older (hot water system)pump replaced 1997 2020 Water Heater- Gas 10/3112003 2015 Kitchen Appliances- ,August 2013 2023-2032 Laundry Appliances-July 2008 2021 Exterior -Paint/Siding, fascia, trim vin71 skfing May 2012 2062 -Windows otinal with storm windows added Storms 1970s 2014 -Roof December 2003 2028 -Fence ' 1998 2017 . -Shed none -Garage attached -Driveway 1986 repaired 2011 2016+ -Sidewalks 1986 2016+ Smoke Alarms & Carbon Monoxide Alarms 2011 & 2013 2021 Other(s) Section E — Steps to Improve Management and Conditions of Property Implementing the following best practices may assist in the management of your property. By checking the boxes below, you agree to: 1. Check in with tenants every 30 days.I I i I 2. Drive by property to check for violations twice a month. Page 2 Type IV Mitigation Plan Rev 11-16-11 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for people and preserves the public trust Evict tenants in violation of the lease and all addendurns. Provide lawn/snow service. Provide garbage service. Install security system.Centerpoint Energy 7.Provide maintenance service plan for appliances. Name of service co.; 8.I am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other financial claims due to the City. 9. Other(s): I 1 I ti IJ For Citv U,k--NiitiLtat14.7n Plan Approved By: 1‘14P olice Department/ Title Dit/afrw- .- lj f" G hill 44 Claf41--' Corn Stan ds Department / Title May 19 14 08:51p Jean 6516339971 10 .3 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 I O th of each calendar month, the licensee must submit to the Building and Community Standards Department a written report describing all steps taken to comply with the Mitigation Plan. I verify that all information provided above is true and accurate. I understand that if I do not comply with an approved Mitigation Plan, comply with all applicable ordinances within the license period, or operate beyond the license expiration date; enforcement actions such as citations, formal complaint or license review may result. William R Darnell Jr Owner or Agent Name and lease Print) 5/19/2014 Owner or Age 7 Date Jean M Darnell Additional Owner or Agent Name and Title (if applicable) (Please Print) Page 3 Type IV Mitigation Plan Rev 11-16-11 -A ditional Owner or A nt Sii attire (if applicable) 5/19/2014 Date COUNCIL ITEM MEMORANDUM Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 5929 LYNDALE AVE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 5929 Lyndale Avenue N, was issued a Type IV Rental License on December 9, 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 5959 Lyndale Avenue N, Brooklyn Center failed to complete security improvements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE IV Rental License is hereby approved for the property at 5929 Lyndale Avenue N, Brooklyn Center, MN. July 14, 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. 10f COUNCIL ITEM MEMORANDUM DATE: July 14, 2014 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 5912 Washburn 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 5912 Washburn 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 (ten) and validated police nuisance incidents (zero). Therefore, according to City Ordinance, the license category remains a Type IV. The property owner received a Type IV Rental License on December 9, 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: 12-30-2013 The owner, Tim Xiong, applied for renewal of the rental dwelling license for 5912 Washburn Ave N, a single family dwelling. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust 12-31-2013 01-24-2014 02-14-2014 02-24-2014 02-24-2014 02-28-2014 02-28-2014 03-03-2014 03-17-2014 03-3 1-20 14 06-03-2014 06-09-2014 06-26-2014 Prior Type IV 05-15-2013 06-03-2013 06-10-2013 06-30-2013 07-10-2013 07-10-2013 07-15-2013 08-07-2013 08-07-2013 08-23-2013 08-23-2013 09-04-2013 09-27-2013 10-21-2013 COUNCIL ITEM MEMORANDUM The previous Type IV license expired. An initial rental inspection was conducted. Ten property code violations were cited, see attached rental criteria. The property was posted as unlicensed. A second inspection was conducted and failed. A $100 reinspection fee was charged to the property. A follow-up inspection was conducted and passed. 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. Mitigation Plan was submitted. The Mitigation Plan was finalized. A $125 Administration Citation was issued for not meeting plan requirements. A letter was sent to the owner notifying that the hearing before the Council will be held July 14, 2014. Rental License approval activities: The Owner, Tim Xiong, applied for renewal of the rental dwelling license for 5912 Washburn Ave N, a single family dwelling. An initial rental inspection was scheduled. The tenant was not notified about the inspection and refused entry by the inspector. An initial rental inspection was conducted. Nine property code violations were cited, see attached rental criteria. The previous rental license expired. A follow up inspection was scheduled. No one was on site to meet the inspector. A $100 reinspection fee was charged to the property. The property owner was notified regarding a complaint received from the tenant. A second rental inspection was conducted and passed. A $100 reinspection fee was charged to the property. The $200 reinspection fees were paid. City records indicate zero validated police incident/nuisance calls occurred in the past twelve months. A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. A 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 charged to the property for failing to submit a Mitigation Plan. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 10-31-2013 A Mitigation Plan was submitted. 11-20-2013 The Mitigation Plan was finalized. 11-25-2013 A letter was sent to the owner notifying that the hearing before the Council will be held December 9, 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 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 occuning over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: •At least 75% of units will be inspected for properties with 15 or less units. •At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit 0-1 0-0.75 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 Greater than 8 Greater than 3 Type I — 3 Year 1-2 units 3+ units Type 11-2 Year 1-2 units 3+ units Type III — 1 Year 1-2 units 3+ units Type IV —6 Months 1-2 units 3+ units 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 units0-0.35 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: 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 There are no budget issues to consider. Council Goals: Strategic Priorities: o Vibrant Neighborhoods Attachment - Mitigation Plan - Resolution Approving a Type IV Rental License for 5912 Washburn Ave N Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for people and preserves the public trust C.441) 14 Olitiltri r:54, WIP: MrhijghTAceir I City of Brooklyn Center. Phone: 763.569-3300 TO' 711 . 6301 Shingle Creek Parkway • Fox: 763-569-3360 Brooklyn Center, MN 55430-2199 www.cityofbrooklyncenterorg n £1.1133 tn:a • Rental License Mitigation Plan —Type IV Rental License Handwritten plans Will not be accepted. Please type or use finable 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 ongoinu compliance with City Ordinances and applicable Codes. The Mitigation Plan provides an opportunity to review property concerns and identify possible solutions to improve the overall conditions and management of the property. NOTICE: Time is Running Out--You must TAKE ACTION NOW in order to meet all the city ordinance and Mitigation Plan requirements within this *pending license period and avoid legal actions. Submit the following documents with the Mitigation Plan for approval:ocen!. 1 Crime Free Housing Program Training Certificate (if completed, if not completed, please includeI v scheduled date in Section C. 2 Copy of Lease including Minnesota Crime Free Housing Lease Addendum 3. Submit written report by le of each month (after license approval). riSeCtli et 1.Use written lease including Crime Free Housing Lease Addendum. 2.Conduct criminal background check for all prospective tenants. Provide documentation to City if requested. 3 Pursue the eviction of tenants who violate the terms of the lease or any addendums. Page 1 Type IV Mitigation Plan Rev 11-16-11 I v I I v I Implementing the following best practices may assist in the management of your property. By checking the boxes below, you agree to: 1/1 I Check in with tenants every 30 days. 2. Drive by property to check for violations twice a month.I VI 4. Attend City approved eight hour Crime Free Housing course. Date Course Completed: Joy 27. 2010 or Date Course Scheduled: Phase II Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. Date Scheduled: Improvements to be completed by: 11/22/2014 Phase III I will attend a minimum of 50% of the ARM meetings (two). ( I will attend the ARM meetings scheduled for a.a.trT3' I & MaY a Do these two meeting dates occur before the *Pending Type IV License expiration date? 0 Yes (*See Section A)If no, you will only be able to qualify for a Type IV Rental License upon re 'wal. I will have no repeat code violations previously documented within the past year. For properties with four or more units: 1=1 I will conduct resident (raining annually that includes crime prevention techniques. 1 I will hold regular resident meetings. I v I ' nifatibialair Based on condition and age, estimated replacement dates are provided for common cap .tal items. Funding should be considered accordingly. However, items broken, worn or otherwise in violation prior to the estimated realacement date will el r corrections. Date Last Replaced Estimated Replacement Date Furnace/AC -1/1/2007 12/112020 Water Heater-151/2009 1/1/2017 Kitchen Appliances-1/112009 1/1/2018 Laundry Appliances-None None Exterior . -Paint/Siding, fascia, trim 3/1/2013 61/2019 -Windows 1/1/2000 151/2020 -Roof 6/1/2009 6/1/2020 -Fence 1/1/2000 1/1/2020 -Shed none none -Garage 1/112006 1/1/2020 -Driveway •1/1/2000 1/1/2030 -Sidewalks Smoke Alarms & Carbon Monoxide Alarms 411/2014 551/2015 Other(s)Mip"lErriiire6V-afirairehiV —gUiii-Widivonyedg_gie 1 Page 2 Tyne IV Mitigation Plan Rev 11-16-11 Date 3/31/2014 Ow For City Uso —Mit"gin' sPies improved By: cc Department / Title ty Standards Department / Titlemenu Agent Signature (if applicable) Page 3 Type IV Mitigation Plan Rev 11-16-11 3 Evict tenants in violation of the lease and all addendums.Mil 4. Provide lawn/snow service. 5. Provide garbage service.P 1 6. Install security system. 7.Provide maintenance service plan for appliances. Name of service co.: 8.I am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other financial claims due to the City. 9. Other(s): Please read thoroughly: If the Type IV Rental License is approved by the City Council, the Licensee must comply with the approved Mitigation Plan and all applicable city codes. No later than the le of each calendar month, the licensee must submit to the Building and Community Standards Department a written report describing all steps taken to comply with the Mitigation Plan. I verify that all information provided above is true and accurate. I understand that if I do not comply with an approved Mitigation Plan, comply with all applicable ordinances within the license period, or operate beyond the license expiration date; enforcement actions such as citations, formal complaint or license review may result. Tim Xiong Owner or A ent Name and Title (Please Print) aren Thao Additional Owner or Agent Name and Title (if applicable) (Please Print) Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 5912 WASHBURN AVENUE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 5912 Washburn Avenue N, was issued a Type IV Rental License on December 9, 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 5912 Washburn Avenue N, Brooklyn Center failed to attend Owners/Managers Association Meetings 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 5912 Washburn Avenue N, Brooklyn Center, MN. July 14, 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. 10g COUNCIL ITEM MEMORANDUM DATE: July 14, 2014 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 5748 Humboldt 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 5748 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 property qualifies for a Type IV Rental License based on the number of property code violations (nine) 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. Therefore, according to City Ordinance, the license category remains a Type IV. The property owner received a Type IV Rental License on December 9, 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 lift for till people and preserves the public trust 03-05-2014 03-17-2014 04-17-2014 04-17-2014 04-24-2014 04-30-2014 06-04-2014 06-16-2014 06-23-2014 06-26-2014 Prior Type IV 08-13-2013 08-21-2013 09-24-2013 09-24-2013 10-09-2013 10-21-2013 10-24-2013 10-31-2013 11-25-2013 COUNCIL ITEM MEMORANDUM The owner, Danie Naoyeng Xiong, applied for renewal of the rental dwelling license for 5748 Humboldt Ave N, a single family dwelling. An initial rental inspection was conducted. Nine property code violations were cited, see attached rental criteria. A second 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 license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. The previous Type IV license expired. 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 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 July 14, 2014. Rental License approval activities: The Owner, Danie Naoyeng Xiong, applied for renewal of the rental dwelling license for 5748 Humboldt Ave N, a single family dwelling. An initial rental inspection was conducted. Nine 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 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. The previous rental license expired. A letter was sent to the owner notifying that the hearing before the Council will be held December 9, 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: - 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 Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. • 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy — Adopted by City Council 03-08-10 1. Determining License Categories. 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 categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4. License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: •At least 75% of units will be inspected for properties with 15 or less units. •At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit 0-11-2 unitsType I — 3 Year 3+ units 0-0.75 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 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 3-4 units 5 or more units Greater than 3 Greater than 1 Greater than 0.50 Decrease 2 Categories COUNCIL ITEM MEMORANDUM Type III — 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1 5 but not more than 3 Type IV —6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of deteimining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). 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 5748 Humboldt Ave N 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 wan: — JUN 1 6 2074 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 finable form on City website. Section A— Property Information Property Address: 5748 Humboldt Ave N Brooklyn Center MN 55430 Owner Name:Danie Nao Yeng Xiong Local Agent: Owner Address: 8201 Wyoming Ave N Brooklyn Park Mn 55445 Agent Address: Owner Ph°":763-489-8327 Agent Phone: Owner Kabaox@ymail.corn Agent Email: Rental License: I I New II Renewal: Current *Pending (Six months License Expiration Datellf Lk I (1).°1 Yf' Type IV License Exp. Date:1°11\11 kr 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 Han for approval: I 1 Crime Free Housing Program Training Certificate (if completed, if not completed, please include scheduled date in Section C. ) 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 V V Section C— Crime Free Housing- Program Requirements I el Use written lease including Crime Free Housing Lease Addendum. Conduct criminal background check for all prospective tenants. Provide documentation to City if requested. Ira I Di 2. 3 Pursue the eviction of tenants who violate the terms of the lease or any addendums. Page 1 Tyne IV Mitigation Plan Rev 11-16-11 ESN 4. Attend City approved eight hour Crime Free Housing course. or Date Course Scheduled:Date Course Completed: 12.24.12 Date Scheduled: 4 -15 -14 Improvements to be completed by: Passed & September, 11, 2014 Phase HI T will attend a minimum of 50% of the ARM meetings (two). I will attend the ARM meetings scheduled for: July, 10,2014 Phase H Complete Security Assessment arid implement all security improvements reconunended by the Brooklyn Center Police Department. Do these two meeting dates occur before the *Pending Type IV License expiration date? Ill Yes r No (*See Section A) If no, you will only be able to qualify for a Type IV Rental License upon renewal. I will have no repeat code violations previously documented within the past year. Fir properties with four or more units: I will conduct resident training annually that includes crime prevention techniques. I will hold regular resident meetings. Section D — Long Term Capital Improvements Plan Based on condition and age, estimated replacement dates are provided for common capital items. Funding should be considered accordingly. However, items broken, worn or otherwise in violation prior to the estimated replacement date will reunite earlier corrections Date Last Replaced Estimated Replacement Date ..Furnace/AC-No Central air, N/A Water Heater-08/2009 08/2024 Kitchen Appliances-08/2009 08/2024 Laundry Appliances-No Appliances, N/A - Exterior -Paint/Siding, fascia, trim 2010 2110 -Windows 2010 2050 -Roof 06/2013 06/2048 -Fence 08/2009 08/2049 -Shed no shed --Garage 2014 2024 -Driveway 2009 2029-Sidewalks no sidewalk - Smoke Alarms & Carbon Monoxide Alarms 04/12/2014 04/2016 Other(s) Section E — Steps to Improve Management and Conditions of Property Implementing the following best practices may assist in the management of your property. By checking the boxes below, you agree to: I 1. Check in with tenants every 30 days. 2. Drive by property to check for violations twice a month.1I ,I riTt Page 2 Tune IV Mitigation Plan Rev 11-16-11 O/7 Date rot City Usc--Mitr;_ration Plan Approved By: Police Department / Title Paee 3 Tvoe IV Mitigation Plan Rev 1146-11 Please read thoroughly: If the Type W 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 resul t banve Nctd Xim Owner or Agent Name and Title (Please Print) - 6//,/,Aciy Owner or Agent Signature. Date Additional Owner or Agent Name and Title arapplicable) (Please Print) Additional Owner or Agent Signature (if applicable) Date 3 Evict tenants in violation of the lease and all addendums. 4.Provide lawn/snow service. 5.Provide garbage service.Ir-7:11 6. Install security system. 7.Provide maintenance service plan for appliances. Name of service co.: 8.I am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other financial claims due to the City.[El 9. Other(s): tol 1511 lib..f 6— (4 ,1,1 t//' 1 Buii ommum Standards Department / Titl Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 5748 HUMBOLDT AVENUE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 5748 Humboldt Avenue N, was issued a Type IV Rental License on December 9, 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 5748 Humboldt 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 5748 Humboldt Avenue N, Brooklyn Center, MN. July 14, 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. 10h COUNCIL ITEM MEMORANDUM DALE: July 14, 2014 TO: Curt Boganey, City Manager FROM: Nathan Reinhardt, Finance Director SUBJECT: FinancialFinancial Commission Recommendation on Mayor and City Council Salaries Recommendation: It is recommended by the Financial Commission that the salaries for the Mayor and City Council remain at their current compensation levels (no change) for 2015 and for 2016. Proposed action is to approve the first reading of this ordinance and set a Public Hearing for Monday, August 11, 2014 for the second reading and final adoption. Background: Every two years the Financial Commission is required by the City Council Code of Policies to review the salaries for the Mayor and City Council and recommend any changes that may seem appropriate. The Financial Commission has reviewed the salaries in comparison to a specified group of comparison cities as outlined by policy. The data on comparison with those cities for the years 2009 through 2014 is attached. The Financial Commission met on Thursday, June 19, 2014 to review the attached information and make their recommendation. Following discussion the Commission unanimously recommended that the Mayor and City Council salaries remain flat for 2015 and 2016. The Commission cited slow economic growth and the relative position in the 10 city comparison of mayor and city council wages as the rationale for their recommendation. The Financial Commission also expressed their appreciation for all the efforts and the amount of time commitment of the City Council and noted that their recommendation was not performance based. According to Minnesota Statutes 415.11, such ordinance will be in effect for 12 months after which the salary reverts to the previously designated amount. In order to increase salaries for 2015 and 2016 the Council must adopt a new ordinance. The attached ordinance proposal calls for a public hearing to be held on Monday, August 11, 2014 on a new ordinance establishing 2015 and 2016 salaries. Budget Issues: Under the recommended proposal, there are no wage adjustments for the Mayor and City Council. Strategic Priorities: e Financial Stability - Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for oil people and preserves the public trust CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 11th day of August 2014, at 7 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 Ordinance 2012-04 Regarding Council Salaries for 2015-2016. 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 ORDINANCE NO. 2012-04 REGARDING COUNCIL SALARIES FOR 2015-2016. THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. City of Brooklyn Center Ordinance No. 2012-04 which amended the amount of the annual compensation to be paid to the Mayor and Council Members to become effective January 1, 2013, is hereby amended. Section 2. Effective January 1, 2015, the annual salary for the Mayor shall be $11,846 and the annual salary for Council Members shall be $9,070. Section 3. Effective January 1, 2016, the annual salary for the Mayor shall be $11,846 and the annual salary for Council Members shall be $9,070. Section 4. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of , 2014. Mayor ATTEST: City Clerk Date of Publication Effective Date (Strikeout indicates matter to be deleted, underline indicates new matter.) 1 MINNESOTA STATUTES 2013 415.11 415.11 SECOND TO FOURTH CLASS CITIES; GOVERNING BODY SALARIES. Subdivision 1. Set by ordinance. Notwithstanding the provisions of any general or special law, charter, or ordinance, the governing body of any statutory or home rule charter city of the second, third or fourth class may by ordinance fix their own salaries as members of such governing body, and the salary of the chief elected executive officer of such city, in such amount as they deem reasonable. Subd. 2. After next election. No change in salary shall take effect until after the next succeeding municipal election. Subd. 3. Temporary reductions. Notwithstanding subdivision 2 or a charter provision to the contrary, the governing body may enact an ordinance to take effect before the next succeeding municipal election that reduces the salaries of the members of the governing body. The ordinance shall be in effect for 12 months, unless another period of time is specified in the ordinance, after which the salary of the members reverts to the salary in effect immediately before the ordinance was enacted. 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C CO CD Co 'C; a) City Council Agenda Item No. 101 COUNCIL ITEM MEMO NDUM DATE: July 8, 2014 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer 5g-- SUBJECT: Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids, Improvement Project No. 2014-05, Water Treatment Plant Project Recommendation: It is recommended that the City Council approve the attached resolution approving plans and specifications and authorizing advertisement for bids, Improvement Project No. 2014-05, Water Treatment Plant Project. Background: On September 23, 2013, the City Council adopted resolution 2013-120, which accepted the feasibility report, established and ordered the Water Treatment improvement project, and authorized the preparation of plans and specifications. Construction plans, specifications and contract documents have been prepared for the project. The overall scope of the project remains consistent with the improvements outlined in the feasibility study. Staff is prepared to begin the project bidding process upon authorization from the City Council. The bidding process would involve advertisement of the project in the City's official newspaper and in Finance and Commerce. Sealed bids would be collected, opened on a scheduled bid opening date, and tabulated by the City Clerk and City Engineer. Staff anticipates that the bid results will be presented to the City Council for consideration at the August 25, 2014, City Council meeting. Budget Issues: The total project cost is estimated to be $18,254,000. Project revenues and funding are currently being evaluated and will be considered during the 2015 annual budgeting process. It is expected that the ultimate funding sources will include City water utility fees and other potential funding sources as available. However, immediate funding will be from the Minnesota Public Facilities Authority in the form of a 20-year, low interest loan from the Drinking Water Revolving Fund. Strategic Priorities: • Financial Stability _ Mission: Ensuring an attractive, clean, safe, inclusive comnutnity that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 2014-05, WATER TREATMENT PLANT PROJECT WHEREAS, the Brooklyn Center City Council, by Resolution No. 2013-120, ordered Improvement Project Nos. 2014-05 and authorized the preparation of plans and specifications for the Water Treatment Plant project; and WHEREAS, said plans and specifications have been prepared under the direction of the City Engineer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1.The plans and specifications for Improvement Project No. 2014-05 are hereby approved and ordered filed with the City Clerk. 2.The City Clerk shall prepare and cause to be inserted in the official newspaper and in Finance and Commerce an advertisement for bids for the making of such improvements in accordance with the approved plans and specifications. The advertisement shall be published in accordance with Minnesota Statutes, shall specify the work to be done and shall state the time and location at which bids will be opened by the City Clerk and the City Manager or their designees. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the City of Brooklyn Center for 5 percent of the amount of such bid. July 14, 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. PROJECT MANUAL VoMine 1 of 2 (Division 0 through Division 1) Water Treatment Facilities City of BROOKLYN CENTER June 2014 Bolton & Menk Project No. N21.107570 ESC) L.MCDrs-.1 NA , 1 Ni Consulting Engineers & Surveyors www.bolton-menk.com DESIGNING FOR A BETTER TOMORROW sulton Men!: i: an equal opportunity employer BROOKLYN CENTER, MN WA1 ER TREATMENT FACILITIES JUNE 2014 CONTRACT DOCUMENTS AND SPECIFICATIONS BMI Project No. N21.107570 I hereby certify that this plan, specification or report was prepared by me or under my direct supervision, and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Signature: Typed or Printed Name! License No.: Steve G. Nelson / 24388 Date: June 24, 2014 Signature: Typed or Printed Name / License No.: Greg F. Johnson / 26430 Date: June 24, 2014 BOLTON & MENK, INC. CONSULTING ENGINEERS & LAND SURVEYORS TABLE OF CONTENTS Water Treatment Facilities Brooklyn Center, Minnesota VOLUME 1 OF 2 SPECIFICATIONS 00004 LIST OF DRAWINGS 00020 ADVERTISEMENT FOR BIDS 00200 INSTRUCTIONS TO BIDDERS FOR CONSTRUCTION CONTRACTS 00210 ELECTRONIC/DIGITAL DOCUMENTS 00410 BID FORM 00411 BID SCHEDULE 00412 AFFIDAVIT OF NON-COLLUSION 00413 DEPARTMENT OF HUMAN RIGHTS CERTIFICATE OF COMPLIANCE 00420 BID BOND 00510 NOTICE OF AWARD 00511 INFORMATION REQUESTED FROM THE LOW BIDDER 00520 FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00550 NOTICE TO PROCEED 00600 BUY AMERICAN IRON AND STEEL PRODUCTS AGREEMENT AND CERTIFICATION 00610 PERFORMANCE BOND 00615 PAYMENT BOND 00700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT 00800 SUPPLEMENTARY CONDITIONS FOR EDITION C-700 EJCDC 2007 00801 RESIDENT PROJECT REPRESENTATIVE 00920 LABOR WAGE RATES 00921 PFA CONTRACT PACKET 00922 PFA USE OF AMERICAN IRON AND SIEEL (AIS) SUPPLEMENTAL INFORMATION 00925 FEDERAL LABOR STANDARDS PROVISIONS 00930 EQUAL OPPORTUNITY CLAUSE 00930 EQUAL OPPORTUNITY ATTACHMENTS FOR GRAN I EE DIRECT BID PROJECTS 00931 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT, AS AMENDED 00932 COPELAND ACT FACT SHEET 00933 CONTRACTOR/SUBCONTRACTOR CERTIFICATION FORM 00935 STANDARD FEDERAL E.E.O. CONSTRUCTION CONTRACT SPECIFICATIONS 00940 NOTICE TO LABOR UNIONS-OR OTHER EMPLOYMENT ORGANIZATION - NONDISCRIMINATION IN EMPLOYMENT 00945 EMPLOYMENT UTILIZATION REPORT 00950 SAFETY AND HEALTH ADMINISTRATION REQUIREMENTS 00960 MINORITY/WOMEN'S BUSINESS ENTERPRISES, SMALL BUSINESSES IN RURAL AREAS PROVISIONS AND NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION 00970 STATE REQUIREMENTS 00991 CHANGE ORDER 00992 ENGINEER'S FIELD ORDER 00993 PROPOSAL REQUEST 00994 WORK CHANGE DIRECTIVE 00995 LETTER OF TRANSMITTAL DIVISION 1— GENERAL REQUIREMENTS 01010 SUMMARY OF WORK 01020 ALLOWANCES 01025 MEASUREMENT AND PAYMENT 01040 SEQUENCE OF CONSTRUCTION 01090 REFERENCES 01092 ABBREVIATIONS 01110 CULTURAL RESOURCES PROTECTION N21.107570 - Water Treatment Facilities TABLE OF CONTENTS Brooklyn Center, MN PAGE 1 01200 PROJECT MEETINGS 01300 SUBMITTAL S 01310 COORDINATION 01400 TESTS AND INSPECTIONS 01410 REGULATORY REQUIREMENTS 01500 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 01560 TEMPORARY ENVIRONMENTAL CONTROLS 01562 AIR, LAND AND WATER POLLUTION 01600 MA IERIALS, EQUIPMENT, LABOR AND WORKMANSHIP 01700 PROJECT CLOSEOUT 01800 FACILITY OPERATION VOLUME 2 OF 2 DIVISION 2 — SITE WORK 02000 GENERAL INFORMATION 02010 SUBSURFACE INVESTIGATION 02100 SITE PREPARATION 02140 DEWA IERING 02210 FINISH GRADING 02220 EXCAVATING AND BACKFILLING 02221 REMOVING PAVEMENT AND MISCELLANEOUS STRUCTURES 02370 STORM WATER POLLUTION PREVENTION PLAN (SWPPP) 02550 SI1E UTILITIES 02600 ROADS, WALKS AND CURBS 02668 WATERMAIN 02830 CHAIN LINK FENCE AND GA IES 02920 SOIL PREPARATION, SEEDING AND SODDING DIVISION 3— CONCRETE 03100 CONCRETE FORMWORK 03200 CONCRETE REINFORCEMENT 03300 CAST-IN-PLACE CONCREIE 03400 PRE-CAST AND PRE-STRESSED CONCRETE DIVISION 4 — MASONRY 04810 UNIT MASONRY ASSEMBLIES DIVISION 5 — METALS 05100 STRUCTURAL METAL 05500 MISCELLANEOUS METAL WORK 05520 HANDRAILS AND RAILINGS 05521 ROOF HATCHES DIVISION 6— CARPENTRY 06100 ROUGH CARPENTRY 06200 FINISH CARPENTRY 06400 INTERIOR ARCHITECTURAL WOODWORK 06410 SOLIDS SURFACE SILLS AND THRESHOLDS DIVISION 7— THERMAL AND MOISTURE PRO1ECTION 07150 DAMPPROOFING 07190 VAPOR BARRIER 07210 BUILDING INSULATION 07315 METAL WALL PANELS 07411 METAL ROOF PANELS 07460 STEEL SIDING 07512 BALLASTED BUILT-UP COAL-TAR ROOFING 07535 FULLY ADHERED MEMBRANE ROOF SYS 1EM N21.107570 - Water Treatment Facilities TABLE OF CON1ENTS Brooklyn Center, MN PAGE 2 07600 FLASHING AND SHEET METAL WORK 07610 METAL ROOFING 07720 ROOF ACCESS HATCHES / OSHA COMPLIANT SAFETY RAILING SYSTEM 07900 CAULKING AND SEALANTS DIVISION 8 — DOORS AND WINDOWS 08110 DOORS AND FRAMES 08200 WOOD DOORS 08360 UPWARD ACTING SECTIONAL DOORS 08500 WINDOWS 08700 HARDWARE 08800 GLASS AND GLAZING 08810 FIRE RATED GLAZING 08900 INSULATED TRANSLUCENT PANEL SYSTEM DIVISION 9 — FINISHES 09250 GYPSUM DRYWALL 09310 CERAMIC TILE 09330 TILE FLOORING 09500 ACOUSTICAL CEILING SYS LEM 09510 SUSPENDED ACOUSTICAL CEILINGS 09545 SPECIAL ACOUSTICAL CEILING AND WALL SYSTEM 09650 RESILIENT FLOORING 09900 WATER TREATMENT FACILITY PAINTING DIVISION 10— SPECIALTIES 10110 MARKER BOARD 10155 TOILET COMPARTMENT 10250 SAFETY DEVICES 10400 IDENTIFYING DEVICES 10505 METAL LOCKERS 10800 TOILET ACCESSORIES DIVISION 11 —EQUIPMENT 11000 EQUIPMENT GENERAL PROVISIONS 11214 VERTICAL TURBINE PUMPS 11220 AIR WASH BLOWERS (POSITIVE DISPLACEMENT) 11240 CHEMICAL FEED EQUIPMENT, GENERAL 11241 SODIUM PERMANGANA FE FEED SYSTEM 11243 FLUORIDATION EQUIPMENT 11244 POLYPHOSPHATE FEED SYS IEM 11246 CHEMICAL STORAGE TANKS 11261 SODIUM HYPOCHLORITE FEED SYS I EM 11311 SUBMERSIBLE CENTRIFUGAL PUMPS DIVISION 12— FURNISHINGS 12300 FURNISHINGS 12345 CASEWORK — WOODEN CABINETS 12346 CASEWORK DIVISION 13— SPECIAL CONSTRUCTION 13222 FIL IER UNDERDRAIN SYSTEM 13226 FIL IER MEDIA AND GRAVEL 13228 FILTER WASHWATER TROUGHS DIVISION 14— CONVEYING SYSTEMS 14300 HOISTS AND CRANES 14620 PORTABLE HOIST N21.107570 - Water Treatment Facilities TABLE OF CON Hi NTS Brooklyn Center, MN PAGE 3 DIVISION 15 —MECHANICAL 15000 MECHANICAL GENERAL PROVISIONS 15060 PROCESS PIPING AND PIPE FITTINGS 15100 VALVES 15101 ELECTRICAL VALVE ACTUATORS 15121 EXPANSION COMPENSATION 15130 GAGES 15140 SUPPORTS AND ANCHORS 15150 ME1ERS 15250 MECHANICAL INSULATION 15300 FIRE PROTECTION 15310 FIRE PROIECTION PIPING 15330 WET PIPE SPRINKLER SYSTEM 15335 DRY PIPE SPRINKLER SYSTEMS 15400 PLUMBING 15410 PLUMBING PIPING 15430 PLUMBING SPECIALTIES 15440 PLUMBING FIXTURES 15450 PLUMBING EQUIPMENT 15480 PACKAGED COMPRESSED AIR SYSTEM 15485 NATURAL GAS PIPING SYSTEMS 15500 BEATING, VENTILATING AND AIR CONDITIONING 15550 HEAT GENERATION 15575 STACKS AND VENTS 15620 FUEL FIRED HEATERS 15625 RADIANT VACUUM GAS FIRED HEAIERS 15750 HEAT TRANSFER 15780 PACKAGED AIR CONDITIONING UNITS 15820 DEHUMIDIFIER 15850 AIR HANDLING 15858 AIR HANDLING DEHUMIDIFIER UNIT 15860 CENTRIFUGAL FANS 15870 POWER VENTILATORS 15875 PROPELLER FANS 15880 AIR DISTRIBUTION 15890 DUCTWORK 15910 DUCTWORK ACCESSORIES 15930 AIR TERMINAL UNITS 15940 AIR OUTLETS AND INLETS 15950 HVAC CONTROLS 15990 TESTING, ADJUSTING AND BALANCING 15993 AIR SYSTEMS TESTING, ADJUSTING AND BALANCING DIVISION 16—ELECTRICAL 16010 ELECTRICAL GENERAL PROVISIONS 16100 BASIC MA IERIALS AND METHODS 16110 SPECIAL PROVISIONS — FIBER OPTIC 16150 MOTORS 16200 POWER GENERATION SYSTEM 16400 ELECTRICAL SERVICE AND DISTRIBUTION 16500 LIGHTING 16770 FIRE DE1ECTION AND ALARM 16900 STARTERS AND MOTOR CONTROL 16950 INSTRUMENTATION AND CONTROL APPENDIX A — GEOTECHNICAL REPORT APPENDIX B — VALVE SCHEDULE APPENDIX C — SALES TAX REFUND INFORMATION N21.107570 - Water Treatment Facilities TABLE OF CONTENTS Brooklyn Center, MN PAGE 4 Illtrea•, CITY OF BROOKLYN CENTER HENNEPIN COUNTY, MINNESOTA PLANS FOR THE CONSTRUCTION OF 2014 WATER TREATMENT FACILITIES AND RELATED WATERMAIN CONSTRUCTION CITY PROJECT IMPROVEMENTS NO. 2014-05, CONTRACT NO. 14-B VICINITY MAP PROJECT LOCATION NO SCALE WELL NO. 8 WELL NO. 7 WELL NO. 10 PROPOSED WATER TREATMENT FACILITIES WELL NO. 9 WELL NO. 5 WELL NO. 4 WELL NO. 3 WELL NO. 6iHiffAve NE h Ave NE j 45th Ave NE ofurnbLe kV,: in 42nd Ave NE list Ave NE BIM Ave a 79th Ave Brookdale Or Meadow Wood Or 80th Ave 7l ihWj O'Y Friolo mill Way Roth Ave Brooklyn 'r Center Seth Ave NE 551h Ave 54th Ave BAth Ave NE lonc Ave NE BIM Ave LOCATION MAP NO SCALE I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR REPORT WAS PRE-PARED BY ME OR UNDER MY DIRECTSUPERVISION, AND THAT I AM A DULYLJCENSED PROFESSIONAL ENGINEERUNDER THE LAWS OF THE STATE OFMINNESOTA SIGNATURE TYPED OR Greg F. JohnsonPRINTED NAME DATE 6-10-14 RE T. No. 26430 BVDN1 eS 1 E I iN1 Consulting Engineers & Surveyors 1WMATO, IAN FAMLIONK IAN SLEEPY EYE Eli BURNSVILLE, MN ISILLEAR, Wi CHASKA, MN RAMSEY. MN IMPLMOOD. BAXTER, Eli ROCMESTD7, WI AMES, LA SPENCER. LA PLAN REVISIONS APPROVED BYSHEET NO.DATE ALL TRAFFIC CONTROL DEVICES SHALL CONFORM AND BE INSTALLED IN ACCORDANCE TO THE 'MINNESOTA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (MN MUTED) AND PART N.1, 'FIELD MANUAL FOR TEMPORARY TRAFFIC CONTROL ZONE LAYOUTS'. THE SUBSURFACE UTIUTY INFORMATION IN THIS PLAN IS UTILITY QUAUTY LEVEL D. THIS QUALITY LEVEL WAS DETERMINEDACCORDING TO THE GUIDEUNES FOR THE COLLECTION AND DEPICTION OF EXISTING SUBSURFACE UTILITY DATA. THE BURIED UllUTY UNE LOCATIONS SHOWN ON THE PLAN SHEETS ARE ONLY APPROMMATE CONTRACTOR SHALL CALL 'GOPHER STATE ONE CALL' (B51-454-0002) FOR EXACT LOCATIONS BEFORE COMMENCING WORK. am' CITY OF BROOKLYN CENTER HENNEPIN COUNTY, MINNESOTA SHEET 1.01 I 1 I I I I I I I I I I I 1 ti■ I I I I 1 ■ I I I I 1 I I I 271 4`,1 - 8" CLEAN OUT WITH 5000 UT 1=3.1173 'E.TIE3V7H'ON WITI1''SRIES 5 MI F.F.E. = 850.50 _ ,Slt SEE SERIES s PLANS FOR WES, FLEVATIOT & EXACT LOCATIONS ••- SFR, s P:Aas F SQL LA, 1110 P. FXACTIO OiDel16 I 1.973.0 VERIFY LOCATION & ELEVATION WITH SERIES 5 PLAITS F.E.E. = 855.33 WHIM -cc 37.11,8 -PEa. 7. rat 1 - 24,20,10UCEP 1 EA -26 X.2.3.766 2.40' ellITESISLT VALVE 60%. 231i -20. PAW VAIN VERIFY LOCATION & ELEVATION WITH SERIES 5 PLANS F.F.E. = 852.00GvERAZyW,ATER00.,LS,C11ARGE I ELEVATION WIN SERIES 5 PLAITS L L 0844.60 VE RIM' LOCATION & ELEVATION WITH SERIES 5 PLANSconErsvcnonSEQUEBMG) ,S*SO SO Li -30,141 81INSCE8, EA•2o.F 8 . TEE Pfki EA-8,V&F.O,S GROUNDIVATER PUMP STATION R.9-49.00 I-.83702 VERIFY LOCATICM & ELEVATION ON SHEETS 2.11.215 BROOKLYN CENTER, MINNESOTA SHEETAAIE3 CD L....-1- CD NI 84. NA NJ K, I r., c. Consulting Engineers & Surveyors 3-25-14ACRSCALES SHOWN ON DRAWINGS ARE FOR 24x36 SIZE SHEETS ONLY. DRAWINGS PLOTTED ON ANY OTHER SIZE SHEETS NEED TO HAVE SCALES ADJUSTED ACCORDINGLY Walton & Menk, Inc. 2014, All Right, Reserved SRC!! \ N21107570 \ C3D \ 107570_PIRdwg 0/17/14 1:02 pro 6030 WATER TREATMENT FACILITIES6-10-14OCRHORZ.2.03FEETSCALE MANKATO, MN 001000151. MN SLEEPY EYE, 1,111 BURNSVILLE, MI/ YfiLLI...AR. MN CHASKA, 1,9,1 RAMSEY. MN MAPLEWOOD, ON BAXTER, 1.111 ROCHESTER, VII 01100. A SPENCER, A SITE PIPING PLAN PIPING PLAN NOTES: 1.Verify finished floor elevations with structural plans. 2.Existing utility information shown on this plan has been provided by the utility owner. The contractor shall field verify exact locations prior to commencing construction as required by State Law. Notify GOPHER ONE CALL, 1-800-252-1166 or 651-454-0002. 3.The subsurface utility information in this plan is utility quality level D. This utility quality level was determined according to the guidelines of Cl/ASCE 38-02, entitled "STANDARD GUIDELINES FOR THE COLLECTION AND DEPICTION OF EXISTING SUBSURFACE UTILITY DATA." 4.Where any proposed utilites cross existing utilities, the contractor shall field verify existing utility elevations and ensure that no elevation conflicts exist. Adjust proposed utility elevations as necessary to provide 1.5 minimum vertical clearance between all utilities. 5.Maintain 10' minimum horizontal separation between sanitary, watermain, and storm sewer utilities. 6.Perforated PE pipe shall be used in all rain garden and footing drain locations. See raingarden details for perforated pipe backfill specifications. 7.All hydrants shall be 8' minimum bury. 8.Watermain shall have a minimum of 7.5' of cover at all locations. 9.Field verify all connect to existing utility locations and elevations prior to construction. Adjust proposed utility elevations as necessary. 10.All gate valves and manhole ground elevations should be set 0.1' below adjacent ground. CITY STANDARD PLATE #301 NEENAH R-2556 CASTING WITH TYPE B GRATE R=846.9 1=840.21 (12") 1=840.21 (15") CITY STANDARD PLATE #304 NEENAH R-2556 CASTING WITH TYPE B GRATE R=846.59 1=840.78 (12") CITY STANDARD PLATE #304 NEENAH R-2556 CASTING WITH TYPE B GRATE R=846.59 1=841.26 (12") CITY STANDARD PLATE #304 NEENAH R-2556 CASTING WITH TYPE B GRATE R=846.14 1=842.59 (12") 1=843.21 (8") CITY STANDARD PLATE #304 NEENAH R-2556 CASTING WITH TYPE B GRATE R=846.53 1=842.44 (12") CITY STANDARD PLATE #301 NEENAH R-2556 CASTING WITH TYPE B GRATE R=849.9 1=841.65 (12") CITY STANDARD PLATE #201 NEENAH R-1733 CASTING WITH SOLID LID, TWO PICK HOLES & STAMPED "SANITARY SEWER" R=849.60 1=842.55 (SW) 1=842.65 (NE, SE) CITY STANDARD PLATE #203 NEENAH R-1733 CASTING WITH SOLID LID, TWO PICK HOLES & STAMPED "SANITARY SEWER" R=851.65 1=844.80 (NW) 1=848.56 (E) LEGEND = WATERMAIN -»- - STORM SEWER - SANITARY SEWER = EXIST COMM. UTILITY = EXIST ELEC. UTILITY = EXIST GAS UTILITY = EXIST WMN UTILITY - EXIST STORM UTILITY - EXIST SAN UTILITY = 6" HYDRANT & VALVE = WATER VALVE =MANHOLE/CLEAN OUT =RAINGUARDIAN HEAVY DUTY TURRET = BITUMINOUS PAVEMENT = CONCRETE WALK EXT. ELEVS. NOTES LEGEND CLEAR ANODIZED THERMALLY-BROKEN ALUMINUM STOREFRONT FRAMING WI V CLEAR INSUL ' GLAZING 2 THERMALLY BROKEN ANODIZED ALUMINUM INSULATED TRANSLUCENT WINDOW PANEL. PROVIDE PREFINISHED METAL SILL AND FLASHING AS REQUIRED 3 EXPANSION JOINT REFER TO XX/TXX 4 PREFINISHED MIL COPING 5 PREFINISHED MTL. LOUVER - REFER TO MECH. DV/GS 6 INSULATED KM. DOORWAY - REFER TO DOOR SCHED. PAINT XXX 7 22x 6' OPEN-FACE PREFINISHED MIL DOWNSPOUT. REFER TO XX/4 XX 8 INSULATED METAL OVERHEAD DOOR- REFER TO DOOR SCHEDULE - PAINT XXX 9 METAL WRAPPED CANOPY ROOF REFER TO DETAIL XX/4_XX 86823. MO. PARAPET 550.50. TO. StAB SGROUND LEVEL 6S2 DOI $GROLCAI LEVEL 65201. EAST ELEVATION 3/32' = GROUNDL7..EL I HEREBY CERTIFY 'MAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER PAY DIRECT SUPERVISION AND THAT I ASIA DULY LICENSED ARCHITECT UNDER THE LAWS OF THE STATE OF PAINNESOTA Ppint N0,e, JEFFREY M. RAPP signature: License No.: 22204 E,p1Clo, Da,: 06-30-14 Dale 06-10-14 BY DATE BROOKLYN CENTER, MINNESOTA SHEET ABOLTON] &WATER TREATMENT FACILITIESFFG45,12,11Consulting Engineers & Surveyors EFS 6/1014PA21APATO,F01 FA/RVOIES ACI SLEEPY EYE,. BURNSVILLE, VG 4.13 V7LLIAAR, CYASKA. 1,11 RAMSEY,. GABLE-GOOD,.EXTERIOR ELEVATIONSBAXTER PIT ROCHESTER,. ACES, A ROBERT O' 12 SOUTH ELEVATION 4.13 3032" = 1 ,0" COnOPROHT BOLTON 8 MENS, INC 2014ALL RIGHTS RESERVED WILEUS ARCHITECTS. PA PROJECT NUMBER: 060 WILKUS1111ID COPYRIGHT BOLTON S. ITEIK 2014,ALL RIGHTS RESERVED WILKUS ARCHITECTS. PA_ PROJECT NUMBER: PPIn •MIITIMICIMITAN SOG.,1HYPOCFICRITE 5056"195-4' AIR COMPRESSOR 52.00' •AIL FILTER #3 FILTER ft2 FILTER 81 • • FILTER • nll PIPE 848.00'so GALLERY + .• FILTER #6 FILTER ES FILTER 1t4 STAIR GENERATOR ROOS 1 PUMP ROOM STORAGE LOBBY GARAGE 852.001 HALL BREAK ROOM fffff M. KM. CHEMICAL ROOM #3 OPERATIONS MECH ROOM CONFERENCE ROOM ROOM 11 ■1E■ •••■• II=C■■•111•■■■■■■•■••■•■■•!■.■311•1•2=I IWAL•=1, WON EN'S MEN'S RESTROOM RESTROOM OFFICECOMP.CHEMICAL ROOM #1 SOC:umPERACCAcKIE CHEMICAL ROOM #2 sies CHEMICAL ROOM #4 FLuzloc REAR ENTRANCE HEREBY CERTFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY EASE BROOKLYN CENTER, MINNESOTA SHEET BY ME OR UNDER PLY DIRECT SUPERVISION AMY IIIAT I A'S A DULY LICENSEDirI E3, 0 LYON! 8., INA K, I NIG.A IFs 2,74 1 . WATER TREATMENT FACILITIESARCHITECT UNDER THE LAWS OF THE STATE OF MINNESOTR, Consulting Engineers & Surveyors FFG 05/1213 FFG 61[1.17Print Nan-.e: JEFFREY 14. RASP 52nature:ma...44To, sus FP1110,0, EN SLEEPY EYE, SRI ERFNEY4LE 4.03 GROUND LEVELARCHITECTURAL FLOOR PLAN Ucense Ho: 22274 EscCafon Date: C6-30-14 Date' 0611-14 BAXTER, MN FOCHESTER,I AmES, IN SPEICER.44 PLAN NOTES LEGEND <>GENERAL NOTES, 1-HOUR RATED FIRE SEPERATION S. ALL CONSTRUCTION SHALL COMPLY VV/ ALL APPLICABLE LAWS, CODES, ORDINANCES, & REGULATIONS. 2.IN THE EVENT OVA DISCREPANCY IN THE CONSTRUCTION DRAWINGS AND/OR SPECIFICATIONS AND/OR 50151111G CONDITIONS, THE GC. SHALL CONTACT THE OWNER FOR RESOLUTION PRIOR TO COMMENCING THE WORK IN QUESTION. 2 2-HOUR RATED FIRE SEPERATION 3.DO NOT SCALE THE CONSTRUCTION DRAWINGS. 4. THE ac. SHALL PROVIDE SOLID BLOCKING/BACKING IN RATINGS COMPLIANT WI THE CODE ANALYSIS AS NEEDED TO SECURE FIXTURES, FURNISHINGS, &ACCESSORIES. WALL I.OUNTED FIRE EXTINGUISHER - VERIFY LOCATIONS VMTH AUTHORITY HAVING,S. REFER TO INDIVIDUAL DRAWINGS WITHIN THE CONSTRUCTION DRAWING DEC FORADDITIONAL GENERAL NOTES. JURISDICTION B. THE CONTRACTOR SHALL VISIT THE JOB SITE. VERIFY EXISTING CONDITIONS AND NOTIFY BOLTON & MEM< OF ANY DISCREPANCIES PRIOR TO SUBMITTING A BIO AND/OR BEGINNING ANY CONSTRUCTION WORK 7. CLEANING: THE CONTRACTOR SFIALL AT ALL TIMES KEEP THE PREMISES FREE OF CONSTRUCTION DEBRIS & TRASH. REMOVE ALL COMBUSTIBLE RUBBISH DURING CONSTRUCTION FROM THE BUILDING CONTINUOUSLY/AID DISPOSE OF INA LIGAL MANNER. CON1MERCLAL DUMPSTERS OR CONTAINERS WITH A CAPACITY OF ONE-AND-ONE-HALF CUBIC YARDS OR GREATER SHALL r4OT GESTURED OR PLACED WITHIN FIVE FEET OF COMBUSTIBLE WALLS. OPENINGS OR ROWE HAVE LINES. B. ALL EXTERIOR LANDINGS TO BE FLUSH WITH FINISHED FLOOR AND SLOPE AWAY FROM THE FACE OF BUILDING TO PROVIDE POSITIVE DRAINAGE. (TYPICAL) 9. SAFETY GLAZING SHOULD BE PROVIDED AT HAZARDOUS LOCATIONS, INCLUDING, BUT NOT LIMITED TO, GLAZING WITHIN 8 . OF WALKING SURFACE. GLAZING IN DOORS AND WINDOY/S ADJACENT TO DOORS. 19 AU_ EXIT DOORS CODE OPERABLE FROM THE INSIDE WITHOUT ANY SPECIAL KNOWLEDGE OR EFFORT. 11. VERIFY LOCATIOtl, SIZE ANO LVALL THICKNESS REQUIRED TO RECESS MECHA1/IC/19AND ELECTRICAL ITEMS AND MAINTAIN FIRE RATING REQUIREMENTS OF THE WALL (IF REQUIRED) AT THESE BUILT-INS: UNIT HEATERS. CONVECTORS, ELECTRICAL PANELS, FIRE EXTINGUISHERS, CABINETS, DUCTS, PIPING AND ALL OTHER SUCH RECESSES 12.USE ONLY NON-CORROSIVE FASTENERS ON ANY PRESSURE TREATED LUMBER 13,GENERAL CONTRACTOR REQUIRED TO PROVIDE NECESSARY BLOCKING FOR ALL CABINETRY, SIGNAGE AND SUPPORTS 19 FOR ALL AIR CONDMONING, EXHAUSTS SUPPLY FANS, SWAG & REFRIGERATION EQUIPMENT CURBS, GENERAL CONTRACTOR SHALL PROVIDE & INSTALL SUITABLE BLOCKING IN WALLS & CEILING TO SUPPORT FIXTURES, EQUIPMENT & CANOPIES 15.THE CONTRACTOR SHALL BE RESPONSIBLE FOR MAINTAININGA COMPLETE AS-BUILT SET OF CONSTRUCTION DRAWINGS AT THE JOB SITE/WE TURNING THE AS-BUILT DRAWINGS OVER TO THE OWNER UPON COMPLETION OF THE PROJECT METRE EXTINGUISHER REQUIRENIENTS SHALL BEAN DETERMINED BY FIELD INSPECTION AND NFPA 10. THE CONTRACTOR SHALL SUPPLY ALL THE FIRE EXTINGUISHERS 17.BUILDING ADDRESS NUMBERS SHALL BE PROVIDED ON THE FRONT OF THE BUILDING AND SHALL BE VISIBLE AND LEGIBLE mom THE PUBLIC RIGHT-OF-WAY. SAID NUMBERS SHALL CONTRAST VISUALLY WITH THEIR BACKGROUND. ADDRESS NUMBERS SHALL BE PROVIDED BY THE CONTRACTOR 18.AT THE TIME OF BUILDING COMPLETION, THE BUILDING IS TO BE THOROUGHLY CLEANED PRIOR TO BLAMING TURNOVER TO OWNER 19.REFER TO 1)01 & 3 XX SERIES DRAWINGS FOR PAD PAID CURB LOCATIONS, DETAILS AND SIZES GROUND LEVEL ARCHITECTURAL FLOOR PLAN cr\zdj3132' = 1 1 -0' OVERFLOW OVERFLOW 24-CIVAI- ) (SI_SEE DETAIL SHEET 5.21SEE DETAIL SHEET 5.21 QBEID ME MMI1 4=itz.„44tt L 'tapGARAGEFF=852.00 [0] ‘\, EFT-850.5 BRAME Itir=111411":1 R-11:2.0mot". PPE Mat Ertl& BROOKLYN CENTER, MINNESOTA NWS WATER TREATMENT FACIU11ES IB CD LT- C, 84. E NJ , I NJ Consulting Engineers & Surveyors MANKATO. beg 04501091. IAN SLEEPY EYE. MN BURNSVILLE, M`l YAWN., IAN CHASKA. OWl PAMSEY, 101 MAPLEWOOD. en BAXTER. MN ROCHESTER, 104 HOES, IA SPBUCER, • SHEET 5.02OVERALL REFERENCE PLAN SCALES SHOWN ON DRAWINGS ARE FOR I HEREBY CERTIFY 'MAT THIS PUN, SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION, AND THAT I ALL A DULY LICENSED24x36" SIZE SHEETS ONLY. DRAWINGS 01 466 12 16 32 PROFESSIONA MCBEE UN ER THE LAWS OF THE STATE OF MINNESOTA PLOTTED ON ANY OTHER SIZE SHEETS NEED TO HAVE SCALES ADJUSTED ACCORDINGLY e11 Steven G. Nelson/1.4.Graphic Scale for 3/32 °=l i—°40 Bolton & Monk, Inc. 2014, NI Rights ReservedJ: BROOKLYN CENTER \ 107570502-531,dwg 6/19/14 8:53 om 6-10-14 24,388LC, NO. 42'442 CtEAR OPENINGHATCH 3-25-14 6-10-14 PLUG SCHEDULE RAIN GARDEN BASIN QTY BOTANICAL NAME COMMON NAME % USE PER AREA NATIVE GRASS PLUGS 338 CARES PENSYLVANICA PENNSYLVANIA SEDGE 20% 338 CAREX STRICTA TUSSOCK SEDGE 20% 253 CAREX CAMOSA BRISTLY SEDGE 15% NATIVE PERENNIAL PLUGS 338 RUDBECKIA HIRTA BLACK EYED SUSAN 20% 169 IRIS NERSICOLOR BLUE FLAG IRIS 10% 169 UATRIS PYCNOSTACHYA PRAIRIE BLAZING STAR 10% 85 ECHINACEA PURPUREA PURPLE CONEFLOWER 05% 1,690 TOTAL BASIN PLUGS RAIN GARDEN PLANTING MEDIUM LIMITS MP.) TREE AND SHRUB PLANT SCHEDULE PLUG SCHEDULE RAIN GARDEN PERIMETERLEGEND = BITUMINOUS PAVEMENT QTY KEY BOTANICAL NAME COMMON NAME SIZE COND NOTES BOTANICAL NAME COMMON NAME % USE PER AREA TREES NATIVE GRASS PLUGS = CONCRETE WALK/PAVEMENT CO CELTIS OCCIDENTALIS COMMON HACKBERRY 2.5" CAL B&B 548 SPOROBOLUS HETEROLEPIS PRAIRIE DROPSEED 30% 7 QB QUERCUS BICOLOR SWAMP WHITE OAK 2.5" CAL B&B 274 BOUTELOUA CURTIPENDULA SIDEOATS GRAMA 15% MADOT SEED MIX 25-131,V A BONDED FIBER MATRIX & TYPES 4 AF ACER FREEMAN!! 'MARMCV MARMO MAPLE 2.5" CAL B&B 274 PANICUM VIRGATUM SWITCHGRASS 15% FERTILIZER 13 29 BN LL BETULA NIGRA LARIX tARICINA RIVER BIRCH TAMARACK 8' HT 6' HT B&B B&B MULTI. STEM NATIVE 274 PERENNIAL PLUGS ASCLEPIAS TUBEROSA BUTTERFLY MILKWEED 15%= LOW GROW GRASS SEED MIX & TYPE 3 MULCH. SEE SHEET 2.12 FOR 183 RUDBECKIA HIRTA BLACK EYED SUSAN 10% SEED MIX NOTES SHRUBS 91 COREOPSIS PALMATA PRAIRIE COREOPSIS 05% = RAIN GARDEN SEED MIX, WITH71RARSRAIN GARDEN PERIMETER PLUG 24 AG AMEIANCHIER GRANDIFLORA 'AUTUMN BRILLIANCE'AUTUMN BRILLIANCE SERVICEBERRY 15 GAL CONT.183 ASTER OOLENTANGIEN515 SKY BLUE ASTER 10% PLANTING 58 CB CORNUS BAYLEY!'RED TWIG DOGWOOD 5 GAL CONT.1,828 TOTAL PERIMETER PLUGS 35 AM ARONIA MELANOCARPA BLACK CHOKEBERRY 5 GAL CONT.4 RAIN GARDEN SEED MIX, WITH RAIN GARDEN BASIN PLUG PLANTING GENERAL LANDSCAPE NOTES: 1.PLANT SCHEDULE: ALL PLANT MATERIALS ARE LISTED IN THE PLANT SCHEDULE. IF THERE IS A CONFLICT BETWEEN THE QUANTITIES SHOWN ON THE DRAWING AND THE QUANTITIES SHOWN IN THE PLANT SCHEDULE, THE PLAN QUANTITIES SHALL PREVAIL 2.PLANTING LAYOUT: STAKE AND LABEL ALL TREE LOCATIONS AND A REPRESENTATIVE 500 SF. AREA OF PLUGS AND OBTAIN APPROVAL OF THE LANDSCAPE ARCHITECT PRIOR TO PLANTING. 3.ALL DISTURBED AREAS SHALL BE SEEDED WITH MnDOT 25-131 SEED MIX, UNLESS OTHERWISE NOTED. 4.CONTRACTOR TO PRESERVE AND PROTECT EXISTING TREES AND SHRUBS, UNLESS OTHERWISE NOTED. PLANT MATERIAL THAT IS DAMAGED SHALL BE REPLACED AT CONTRACTOR'S EXPENSE. S. ALL RAINGARDEN SEED MIX AREAS AND ALL SLOPES GREATER THAN 3.5:1 SHALL RECEIVE TEMPORARY RECP, TYPE 2.C. AFTER SEEDING. FREE . F W' 1581.5 ER ROCK VM STEEL EDGING TTP. WHERE TURF BERETS BUILDING CONTINUOUS MUICH BED / WITH STEEL EDGE NE RAIN GARDEN 0 20 40 HORZ 1!!OSCALE FEET CONTINUOUS MULCH BED WITH STEEL EDGE EEC, = 852,00 MIDDLE RAIN GARDEN SW RAIN GARDEN 20 40 HOUR, SCALE FEET NW RAIN GARDEN 20 40 HC'RZ.SCALE FEET SCALES SHOWN ON DRAWINGS ARE FOR 24x36" SIZE SHEETS ONLY. DRAWINGS PLOTTED ON ANY OTHER SIZE SHEETS NEED TO HAVE SCALES ADJUSTED ACCORDINGLY @Lofton & Menk,Inc.2014,ARRights ReservedH: BRCN N21107570V3D \107570_RG_Planting-REV.dwg 6/24/14 THIS pm 0 30 60 HOW. 1%Er3SCALE FEET HORZ. SCALE FEET 20 40 DEL Ero_ tEo plAn, SPEO OM OR REFORM'. PREP ARCO DRECT SUEERVES D THAT I AM A MAI MINIM R UNDER oF THE BEAM OF MAPERSOTA DATE 6/10/2014 E3 CD L_M C) 1\1 434. NI 1<, I NI G. Consulting Engineers & Surveyors MANKATO, ITN FAIR/ERTL MN SLEEPY EYE. VII BURNSVILLE. RN WILLMAR, MN CRISES, RN RAMSEY, IAN MAPLEWOOD, TAN WIER, MN ROCHESTER. MN ARES, IA SPENCER. 41 6.°11.(gr 4r.rArAssOWAEGVII ArarAVONFOr ."0712:1111a1111=1:21M RAJN GARDEN PLANTING & LANDSCAPING PLAN 2.09 SHEET AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION July 14, 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. Water Treatment Plant — Environmental Sustainability Options Update PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1.Tobacco Use Options 2.BC University 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 Chatter Commission Work Session Agenda Item No. 1 MEMORANDUM - COUNCIL WORK SESSION DATE: July 8, 2014 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Work/City Engineer SUBJECT: Water Treatment Plant — Environmental Sustainability Options Update Recommendation: It is recommended that the City Council consider providing direction to staff regarding environmental sustainability options. Background: On June 23, 2014, the Council reviewed environmental sustainability options for the water treatment plant design. The three specific options discussed included: stormwater reuse for irrigation; solar panel energy options; and green roof options. Attached is a copy of the presentation provided at the meeting. In summary of the Council's discussion (see attached meeting minutes), a majority consensus of the City Council was to reject the stormwater reuse option. It was also a majority consensus to reject the solar panel option; however, it was discussed that City staff will continue to seek other partnership options pertaining to solar panels for possible implementation in the future should it be deemed cost effective. Consideration of the green roof option was tabled due to lack of consensus, understanding that further consideration would be given by the Council and that it can still be incorporated into the project design should the option be accepted. Also attached are additional information and photos pertaining to a green roof that was incorporated into the City of Burnsville's water treatment plant. Policy Issues: Does the City Council support incorporating a green roof component into the project design? Strategic Priorities: 0 Financial Stability --■ Mission: Ensuring an attractive, clean, safe, inchtsive community that enhances the quality of life. fav all people and preserves the public trust 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 JUNE 23, 2014 CITY HALL — COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Pro Tem Dan Ryan at 6:00 p.m. ROLL CALL Mayor Pro Tem Dan Ryan and Councilmembers Carol Kleven, Kris Lawrence-Anderson, and Lin Myszkowski. Mayor Tim Willson was absent and excused. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, and Mary Mullen, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Kleven requested the following corrections to the June 9, 2014, Study -Session minutes: Page 1, 3 rd paragraph Replace "requested discussion" with "commented" Page 1, 4 th paragraph Replace "meting" with "meeting" Councilmember Myszkowski requested the following correction to the June 9, 2014, Study Session minutes: Page 5, 2nd Replace "from" with "to" Councilmember Kleven requested clarification with regard to Regular Session Agenda Item 6b, Licenses, specifically licensing fees for newly licensed garbage haulers and the total number of garbage haulers in Brooklyn Center. City Manager Curt Boganey stated there are approximately 12 garbage haulers. He agreed to provide more information for the City Council in his Weekly Update. It was the majority consensus of the City Council to accept the corrections to the June 9, 2014, Study Session minutes. 06/23/14 -1- DRAFT MISCELLANEOUS Clear View Triangle Restriction Mayor Pro Tern Ryan stated the home at 6301 Brooklyn Boulevard was recently made vacant due to a foreclosure. He said a sign on the property, near the corner of 63 r1 Avenue and Brooklyn Boulevard, could be in violation of the City's "clear view triangle" restriction. Mr. Boganey agreed to have City staff review the signage to determine whether it is a violation. He added the sign could remain on the property but in a different location. Active Living Hennepin County — City Council Updates Councilmember Kleven stated she recently attended an informational meeting for Hennepin County's Active Living program. She added she would like to include an Active Living update at future City Council meetings, to obtain feedback regarding what has been gained from involvement with Active Living. She added the City Council is interested in the work of Active Living Hennepin County, and hopes to gain insight into possible efforts that would position Brooklyn Center at the forefront of the Active Living movement. Mr. Boganey stated Active Living Hennepin County meets quarterly and covers new topics at each meeting. He added the Group's recent meeting was devoted to bicycle use. He noted City staff can provide a report to the City Council to highlight issues that were raised at the meeting. Councilmember Kleven agreed. 5700 June Avenue North — Backyard Elevation Mayor Pro Tem Ryan stated he had received a call from a resident at 5700 June Avenue North that a portion of their backyard is sinking, and currently there is an 18-24 inch depression. He added the resident has brought this issue to the attention of City staff. Mayor Pro Tern Ryan requested that City staff follow up with the resident. Mr. Boganey agreed to have City staff contact the resident this week. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS WATER TREATMENT PLANT — ENVIRONMENTAL SUSTAINABILITY OPTIONS UPDATE Mr. Boganey explained the purpose of this update, and introduced Public Works Director Steve Lillehaug. He invited Mr. Lillehaug to address the City Council. Mr. Lillehaug presented a review of environmental stability options for the City's new Water Treatment Plant, as requested by the City Council at its April 28, 2014, meeting. He added the options discussed by the City Council are stormwater use for irrigation on the site; solar panels; and a green roof element. Mr. Lillehaug stated, with regard to stormwater mitigation, rain gardens are included in the site design, and will absorb any rainfall event of 1.3 inches or less. He added the current design 06/23/14 -2- DRAFT meets the City's water quantity and quality regulations, as well as the regulations of the Shingle Creek Watershed District. Mr. Lillehaug stated further stormwater mitigation could include a re-use system, which would direct water into a storage tank for irrigation use on the site's landscaped areas. He added he believes this option is feasible, but the benefit is negligible, as the storage area would need to be very large to be cost-effective. It was the majority consensus of the City Council to reject the option of stormwater re-use for irrigation at the Water Treatment Plant site. Mr. Lillehaug stated, with regard to the use of solar panels, City staff reviewed potential locations for solar panel additions, and determined the structural design of the building would be adequate. He added installation costs for solar technology could run up to $700,000. He noted solar energy on the site would represent an annual savings of $7,000, with an estimated payback period of 100 years. Mr. Lillehaug recommended that the City consider future implementation, but not pursue solar technology at this time. Councilmember Kleven stated the savings is not significant enough. Councilmember Myszkowski expressed her frustration that the implementation of environmental sustainability measures is so cost-prohibitive, as such innovative design could be inspirational to residents as well as other communities. Councilmember Lawrence-Anderson stated she initially suggested the possibility of using solar panels on the new plant, but agreed that it is not financially sensible. She expressed her appreciation of City staff's research on this issue. It was the Majority consensus of the City Council to reject the option of solar panel additions for the new Water Treatment Plant. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Mayor Pro Tern Ryan adjourned the Study Session to Informal Open Forum at 6:45 p.m. RECONVENE STUDY SESSION Mayor Pro Tem Ryan reconvened the Study Session at 6:47 p.m. WATER TREATMENT PLANT - ENVIRONMENTAL SUSTAINABILITY OPTIONS UPDATE - continued Mr. Lillehaug stated, with regard to green roof consideration, an additional stormwater mitigation component is not necessary on the site, although a green roof would be a unique and 06/23/14 -3- DRAFT interesting feature. He added parts of the building would need to be redesigned to accommodate a green roof. Mr. Boganey stated that any energy cost savings would be offset by the increase in annual maintenance costs. Mr. Lillehaug agreed. Councilmember Lawrence-Anderson stated she would like to see something special and unique included in the water treatment plant design, and a green roof with community gardens would be very appealing. She added she supports the idea of a green roof, but agreed that further discussion is required. Councilmember Myszkowski stated she is not opposed to the green roof concept, as it would help reduce cooling costs within the building, as well as reducing heat generated by the building. She added a green roof on the new building would give the City something that is different, and increases Brooklyn Center's reputation as progressive in taking actions that are not considered by other municipalities. She noted she will defer to the experts, but would like to keep the discussion open. Mayor Pro Tern Ryan stated he is concerned about a green space on a flat roof, which would be very heavy and potentially pose a risk to the structure. Mr. Lillehaug stated buildings with green roofs can be designed that are structurally sound, and with a protective coating under soil ballast. He added the Watershed District is interested in sponsoring a green roof demonstration project, and City staff has applied for its grants in the past. Councilmember Kleven stated the structure would have to be very strong to handle the weight created by water in the green space. Councilmember Lawrence-Anderson stated she supports the green roof consideration, but .a decision should be postponed until Mayor Willson was present. She added she thinks it is reasonable to include a green element that would be a special feature of which the community can be proud. She noted the annual maintenance costs might be reduced or deferred by involving another organization willing to take responsibility. Discussion of this item continued and reached conclusion at the June 23, 2014, Work Session. ADJOURNMENT Mayor Pro Tern Ryan adjourned the Study Session at 6:58 p.m. 06/23/14 -4- DRAFT ADJOURNMENT Councilmember/Commissioner Lawrence-Anderson moved and Councilmember/Commissioner Kleven seconded adjournment of the City Council/Economic Development Authority Work Session at 7:30 p.m. Motion passed unanimously. 06/23/14 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 JUNE 23, 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 Pro Tern Dan Ryan at 7:25 p.m. ROLL CALL Mayor/President Pro Tern Dan Ryan and Councilmembers/Commissioners Carol Kleven, Kris Lawrence-Anderson, and Lin Myszkowski. Mayor/President Tim Willson was absent and excused. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Assistant City Manager/Director of Building & Community Standards Vickie Schleuning, and Mary Mullen, TimeSaver Off Site Secretarial, Inc. WATER TREATMENT PLANT - ENVIRONMENTAL SUSTAINABILITY OPTIONS UPDATE (Continued from Study Session) Councilmember/Commissioner Myszkowski thanked Mr. Lillehaug and the Public Works Department for incorporating sustainability into the new water treatment plant design. She added the new structure will be an important place in the community for years to come. She asked whether further consideration on the sustainability options can wait until the City Council/EDA's next meeting, when Mayor/President Tim Willson is present. City Manager Curt Boganey confirmed this, and added the project timeline will just be extended by a few weeks. He noted the project construction process will still be underway yet this fall. Councilmember/Commissioner Ryan stated Mayor/President Willson should be included in the decision, to obtain his opinion on the two options rejected by the City Council at the Study Session. The majority consensus of the City Council/EDA was to postpone further consideration on environmental sustainability options for the City's new Water Treatment Plant. 06/23/14 -1- DRAFT ADJOURNMENT Councilmember/Commissioner Lawrence-Anderson moved and Councilmember/Commissioner Kleven seconded adjournment of the City Council/Economic Development Authority Work Session at 7:30 p.m. Motion passed unanimously. 06/23/14 -2- DRAFT I;p P I - - _ \\X \\1/4.\\ v4 7 '0 0 j_4! 1:1 ,0 0 0 _ o 7+1 4—) •• •• a)EP •• P"`■A--)CAO tb 0 C.) 13 W ;-1 \...../ • r-4(1) i-! 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(1) U Aa' (1) ;""4 i••■) L) CD i••41 (•14 • 11 •••N • r•mi e••% C) i(134 u gi u ill., a) +"czi a) 0 a) E TS ;,.5„ c..) .4_, 0o E . 7-1 ,, cA a) ;_i iv a) c.4-i CC o cz, C C a) c.) p. 2 Julie Hanson From: Steve Lillehaug Sent: Tuesday, July 08, 2014 1:07 PM To: Steve Lillehaug Subject: Burnsville VV1-13 Green Roof From: Greg Johnson [mailto:cireqjo@bolton-menk.com] Sent: Friday, June 27, 2014 11:21 AM To: Steve Lillehaug Cc: Steve Nelson; Jon Peterson Subject: Burnsville WTP Green Roof Steve, Attached is information and photos of the Burnsville WTP green roof. Greg Greg F. Johnson, P.E. Bolton & Menk, Inc. Consulting Engineers & Surveyors 2035 County Rd ID East, Suite B Maplewood, MN 55109-5314 Phone: (651) 704-9970 ext. 2854 Fax: (651) 704-9971 M: (651) 968-6310 email: gregiobolton-menk.com www.bolton-menk.com DESIGNING FOR A BETTER TOMORROW From: Linda Mullen [mailto:linda.mullen@ci.burnsville.mn.us] Sent: Friday, June 27, 2014 9:58 AM To: Greg Johnson Subject: Green Roof Hi Greg Sorry it took me so long to get back to you. My answers are below and I also ran out and took a few pictures this week. 1.Is the roof still "green" and has it required any maintenance from city staff? Yes it is green. We haven't done any maintenance at all. It died off a bit the last couple years but seems to be coming back nicely this year (see photos). 2.Have you ever needed to use the hose bib on the roof to water it? If yes, how often has it needed to be watered since the plant was constructed? The only time we used the hose bib was a few times after the installation. We haven't used it since. 3. Have you experienced any problems with the green roof so far? No problems at all. It is usually the highlight of plant tours because of the scenic view up there. 1 City Of Linda Mullen I Utilities Superintendent 13713 Frontier Ct I Burnsville, MN I 55337Burnsville952-895-4582 (office) I 952-895-4531 (fax) www.burnsville.org ibio vi From: Linda Mullen Sent: Friday, June 27, 2014 8:56 AM To: Linda Mullen Subject: Sent from my Verizon Wireless 4G LTE smartphone This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http://www.symanteccloud.com This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http://www.symanteccloud.com