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HomeMy WebLinkAbout2014 11-24 CCP Regular SessionAGENDA CITY COUNCIL STUDY SESSION November 24, 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. City Council Discussion of Agenda Items and Questions 2. Miscellaneous Discussion of Work Session Agenda Items as Time Permits 4. Adjourn CITY COUNCIL MEETING City of Brooklyn Center November 24, 2014 AGENDA 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.November 10, 2014—Special Session 2.November 10, 2014 - Study Session 3.November 10, 2014—Regular Session 4.November 10, 2014 - Work Session b. Licenses Acceptance of Certificate of Achievement for Excellence in Financial Reporting d. Reschedule 2015 Budget Hearing from 6:00 p.m. to 7:00 p.m. on December 1 CITY COUNCIL AGENDA -2- November 24, 2014 8.Public Hearings a. Consideration of Public Utility Rates for 2015 —The Public Hearing was set for November 24, 2014; however, it was published in the official newspaper on November 20, 2014, and requires publication for 10 days prior to the Public Hearing; therefore, the Public Hearing needs to be continued to December 8, 2014. Requested Council Action: —Motion to open Public Hearing. —Motion to take public input. —Motion to continue Public Hearing to December 8, 2014 9.Planning Commission Items a. Planning Commission Application No. 2014-016, submitted by the Brooklyn Center Schools (ISD No. 286) for Special Use Permit to allow a Group Day Care Facility in the C-2 (Commerce) District, located at 5910 Shingle Creek Parkway. The Planning Commission recommended unanimous approval of this special use permit at the November 13, 2014 meeting. Resolution Regarding the Disposition of Planning Commission Application No. 2014-016, Submitted by Brooklyn Center Schools (ISD No. 286) for Special Use Permit to Allow a Group Day Care Facility in the C-2 (Commerce) District, Located at 5910 Shingle Creek Parkway (Minnesota School of Business property). Requested Council Action: —Motion to adopt resolution. 10. Council Consideration Items a.Consideration of Type IV 6-Month Provisional Rental License for 4806 Twin Lake Avenue Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Take action on rental license application and mitigation plan. b.Consideration of Type IV 6-Month Provisional Rental License for 5207 Boulder Lane Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Take action on rental license application and mitigation plan. CITY COUNCIL AGENDA -3- November 24, 2014 C. Consideration of Type IV 6-Month Provisional Rental License for 6337 Bryant 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 5333 Dupont 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 5548 Humboldt Avenue North Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Take action on rental license application and mitigation plan. f. Consideration of Type IV 6-Month Provisional Rental License for 6913 Quail Avenue North Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Take action on rental license application and mitigation plan. CITY COUNCIL AGENDA 4- November 24, 2014 g. Consideration of Type IV 6-Month Provisional Rental License for 5540 Knox Avenue North 1. Resolution Approving a Type IV Rental License for 5540 Knox Avenue North Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Motion to adopt resolution. 11.Council Report 12.Adjournment Agenda Items Tabled Tobacco Related Products License for Value Foods, 6820 Humboldt Avenue North —This item was tabled at the September 8, 2014, meeting, until the applicant has resolved the court case. City Council Agenda Item N©0 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 SPECIAL SESSION NOVEMBER 10, 2014 CITY HALL 1.CALL TO ORDER The Brooklyn Center City Council met in Special Session as an election canvass board called to order by Mayor Tim Willson at 5:47 p.m. 2.ROLL CALL Mayor Tim Willson and Councilmembers, Kris Lawrence-Anderson, Lin Ivlyszkowski, and Dan Ryan. Councilmember Carol Kieven was absent and excused. Also present were City Manager Curt Boganey, and City Clerk Sharon Knutson. 3.CANVASS OF ELECTION RETURNS 3a. RESOLUTION NO. 2014-149 REGARDING CANVASS OF NOVEMBER 4, 2014, MUNICIPAL GENERAL ELECTION The Brooklyn Center City Council proceeded to canvass the City election returns from all City precincts, reporting ballots cast in the City of Brooklyn Center contests as follows: Office of Mayor Ballot Count Tim Willson 3,475 Mike Elliott 3,330 Office of Council Member Ballot Count Dan Ryan 3,937 April Graves 2,808 Randy Christensen 2,501 Ned Storla 883 Councilmernbôr Ryan moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2014- 149 Regarding Canvass of November 4, 2014, Municipal General Election. Motion passed unanimously. 4.ADJOURNMENT Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded adjournment of the Special Session at 5:55 p.m. Motion passed unanimously. 11/10/14 -1- 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 STUDY SESSION NOVEMBER 10, 2014 CITY HALL - COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:00 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Councilmember Carol Kleven was absent and excused. Also present were City Manager Curt Boganey, Director of Business and Development Gary Eitel, 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. Lawrence-Anderson requested clarification regarding Regular Session Agenda Item 6g, a Resolution in support of the Metro Transit C-Line Project. She asked whether the new bus line will have an impact on regular traffic patterns in Brooklyn Center, and whether the project will affect signal priorities. Public Works Director/City Engineer Steve Lillehaug stated there will not be any noticeable impact to roadways in the City, except for improvements to amenities, like bus shelters and ticket kiosks. He said traffic signal pre-emption is being considered for the project, similar to that for emergency vehicles. He noted this consideration will be negotiated with Hennepin County and Mn/DOT, as the City does not have jurisdictional authority. Mr. Lillehaug stated Hennepin County is not generally supportive of pre-emptive signals as they cause traffic cycle and congestion issues. Councilmember Lawrence-Anderson stated she is concerned that will be a problem on Xerxes Avenue North if pre-emptive signals are used on the C-Line Project. Mr. Lillehaug agreed, adding pre-emptive signals are only a consideration item at this time. MISCELLANEOUS Shingle Creek Crossing - Abandoned Sh o pping Carts and Traffic Signals Councilmember Lawrence-Anderson stated she frequently uses the interior drive at Shingle Creek Crossing, and Walmart shoppers abandon their shopping carts around the perimeter of the parking lot. She added it is unsightly and should be addressed by Walmart management. 11/10/14 -1- DRAFT Councilmember Lawrence-Anderson stated that she has noticed a potentially dangerous traffic situation on Bass Lake Road at Northway Drive, as oncoming traffic on Bass Lake Road has the right of way, but most left-turning vehicles onto Northway Drive do not yield. Mr. Boganey agreed to review this, and look into the traffic signage at that intersection. Mr. Boganey stated, with regard to Walmart shopping carts in Shingle Creek Crossing, City staff has contacted the store's manager on many occasions about this issue. He added cart racks could be installed at the far ends of the lot, but there is no guarantee that people will use them. He noted City staff will contact Walmart's management again about this issue. Councilmember Ryan stated he has noticed abandoned Sun Foods shopping carts at nearby bus stops. He added he usually puts carts in the back of his truck and returns them. Councilmember Myszkowski stated she agrees that the traffic situation at the Northway Drive intersection is hazardous. Councilmember Lawrence-Anderson stated she uses the intersection a lot, so she anticipates that left-turning traffic will not yield. Apartment Building Fire - November 2, 2014 Councilmember Myszkowski requested an update on the fire that occurred on November 2, 2014, at an apartment complex on 69th Avenue North. She asked whether protocols exist for such emergencies, with regard to assistance for displaced families. She asked how many units were destroyed in the fire and how many families were affected. Mayor Willson stated 6 units sustained fire damage, and 25 people were displaced. He added Brooklyn Center School District's Facebook page features an online fundraising effort by Brooklyn Center High School to help the families. Mr. Boganey stated it is his understanding that the Fire Department is first on the scene and makes initial contact. He added the Red Cross then serves as a coordinating agency. He agreed to follow up and provide further information for the City Council's review. Ban on Tobacco Related Products in City Parks Councilmember Myszkowski stated she attended a recent Park and Recreation Commission meeting, which included a discussion on a ban on all tobacco related products in the City's parks. She added the Commission was informed of the City Council's position on this issue, but the Commission did not recommend any changes to current policy. Councilmember Myszkowski stated the Brooklyns Youth Council (BYC) has expressed its support for a City-wide ban on tobacco related products in public parks. She added a statement written by BYC members has been given to City staff, which outlines their position on this issue in their own words. Mayor Willson stated that while he respects the opinion and recommendations of the Park and Recreation Commission, this is a significant issue that must be addressed. He added he supports continuing the discussion about an overall ban in City parks. Mr. Boganey stated this issue can 11/10/14 -2- DRAFT be discussed at an upcoming City Council Work Session, at which representatives from both groups could be invited to present their opinions and have a discussion. Councilmember Myszkowski stated the BYC' s written statements are heartfelt, and the issue is important to them. She added the BYC's document is a rough draft, and they have started to work on a revised version. ACLU Activist Mahad Olad Mayor Willson stated an article in a local Civil liberties newsletter featured ACLU activist Mahad Olad, a Brooklyn Center High School student who participated in Youth in Government Day. He requested that City staff draft a letter for him to sign and send to Mr. Olad, acknowledging his accomplishments. Mr. Boganey agreed. Street Improvements Project - Tree Preservation at 67th Avenue North Councilmember Ryan stated that he spoke recently with Ray Peterson, 6701 Drew Avenue North, who expressed concern that the three old oak trees on 67th Avenue North should not be destroyed as a result of road reconstruction. Mr. Boganey stated that Mr. Peterson should attend an upcoming Neighborhood Meeting if possible or submit his comments in writing to the Public Works Department. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS 63RD AVENUE STREET AND UTILITY IMPROVEMENTS - COMPLETE STREETS UPDATE Mr. Boganey introduced Public Works Director/City Engineer Steve Lillehaug and invited him to address the City Council on this item. Mr. Lillehaug introduced Mike Albers, Project Engineer, who has been spearheading this and other City projects. He added the Public Works Department is well aware of the need to preserve the three old oak trees at 67th Avenue North. He reviewed the 63rd Avenue roadway project timeline and components. He identified proposed improvements to the intersection and presented an overview of the roadway's existing condition identified proposed improvements to the intersection near Odyssey Academy. Mr. Lillehaug stated pedestrian counts were done at Odyssey school crosswalk, and City staff reviewed the travel shed which was identified through the Safe Routes to School partnership. He added there are generally no pedestrians or bicycles on the north side of 63rd Avenue. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Ryan moved and Councilmember Myszkowski seconded to adjourn the Study Session to Informal Open Forum at 6:45 p.m. Motion passed unanimously. 11/10/14 DRAFT RECONVENE STUDY SESSION Councilmember Lawrence-Anderson moved and Councilmember Myszkowski seconded to reconvene the Study Session at 6:47 p.m. Motion passed unanimously. 63RD AVENUE STREET AND UTILITY IMPROVEMENTS - COMPLETE STREETS UPDATE - CONTINUED Mr. Lillehaug stated the roadway improvement project includes proposed bump-outs, similar to those on Dupont Avenue North at Noble Avenue North, as well as improved signage throughout the corridor. Mayor Willson stated traffic will use the bike lane in the roadway because of its width, even though it is identified as a bike lane. Mr. Lillehaug stated the bike lane will be designated with a solid white line, but agreed it is a concern and may need to be mitigated if it proves to be a problem. Councilmember Lawrence-Anderson stated cars pass on the right at this location all the time, to get around left-turning traffic. She added there are few pedestrians because of the speed of traffic. Councilmember Ryan stated there has been discussion about the possibility of increased bus service on this roadway, due to its proximity to the new light rail station at County Road 81. He asked whether it would be wise to narrow the road when an increased number of buses are anticipated. Discussion of this item continued and reached conclusion at the November 11, 2014 Work Session. ADJOURNMENT Councilmember Myszkowski moved and Councilmember Ryan seconded to adjourn the Study Session at 7:00 p.m. Motion passed unanimously. 11/10/14 -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 NOVEMBER 10, 2014 CITY HALL - COUNCIL CHAMBERS 1.INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim Willson at 6:45 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Councilmember Carol Kieven was absent and excused. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Troy Gilchrist, and Mary Mullen, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. No one wished to address the City Council. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to close the Informal Open Forum at 6:47 p.m. Motion passed unanimously. 2.INVOCATION Reverend Henry Dolopei, Minister from Brooklyn United Methodist Church, gave the Invocation. 3.CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:03 p.m. 4.ROLL CALL 11/10/14 -1- DRAFT Mayor Tim Willson and Councilmembers Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Councilmember Carol Kieven was absent and excused. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Troy Gilchrist, 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 Lawrence-Anderson seconded to approve the Agenda and Consent Agenda and the following consent items were approved: 6a. APPROVAL OF MINUTES 1.October 20, 2014— Joint Work Session with Financial Commission 2.October 27, 2014 - Study/Work Session 3. October 27, 2014 - Regular Session 6b. LICENSES MECHANICAL Aerotek Heating, Cooling & Duct Cleaning AM Plumbing, Inc. First Choice Plumbing & Heating LLC 7 Metro Heating and A/C RENTAL INITIAL (TYPE 11—Iwo-year license) 6734 France Avenue N 7037 Humboldt Avenue N 6400 Xerxes Avenue N RENEWAL (TYPE III— one-year license) 4842 71St Avenue N 5532 Morgan Avenue N 4906 Zenith Avenue N RENEWAL (TYPE II— t'i'o-year license) 3513 47thl Avenue N 6125 Dupont Avenue N 1507 Humboldt Place N 5836 James Avenue N 34345 Quinton Avenue, Center City 27479 1 09t Street, Zimmerman 29948 Hwy 47 NW, Isanti 609 150th Avenue NE, Ham Lake Alexander Lang Gao Liu David Wilson Erick Dinh Der Lee and Chayeeling Xiong Philip Scala No CPTED Follow Up Richard Grommes Prosperous Property LLC Kyan (Jimmy) Hui Mai yang 11/10/14 -2- DRAFT RENEWAL (TYPE I— three-year license) 3801 53rd Avenue N David Michael 6006 Zenith Avenue N Keith McConnell 6c.PROPOSED PUBLIC UTILITY RATES FOR 2015 -MOTION TO SET PUBLIC HEARING FOR NOVEMBER 24, 2014 6d.RESOLUTION NO. 2014-150 ESTABLISHING THE INTEREST RATE FOR 2015 SPECIAL ASSESSMENTS 6e. RESOLUTION NO. 2014-151 ESTABLISHING 2015 STREET AND STORM DAMAGE SPECIAL ASSESSMENT RATES 61. RESOLUTION NO. 2014-152 ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, PROJECT NOS. 2013-01,02,03 AND 04, KYLAWN PARK AREA STREET AND UTILITY IMPROVEMENTS 6g. RESOLUTION NO. 2014-153 IN SUPPORT OF THE METRO TRANSIT C-LINE ARTERIAL BUS RAPID TRANSIT PROJECT Motion passed unanimously. 7.PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. PROCLAMATION DECLARING WEDNESDAY, NOVEMBER 19, 2014, TO BE REV. MOREY DAY IN THE CITY OF BROOKLYN CENTER Mayor Willson read in full a Proclamation expressing recognition of and appreciation for Reverend Rachel Morey. Councilmember Ryan moved and Councilmember Myszkowski seconded to adopt a Proclamation Declaring Wednesday, November 19, 2014, to be Reverend Morey Day in the City of Brooklyn Center. Motion passed unanimously. 8.PUBLIC HEARINGS -None. 9. PLANNING COMMISSION ITEMS -None. 10. COUNCIL CONSIDERATION ITEMS 11/10/14 -3- DRAFT lOa. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 5508 FREMONT AVENUE NORTH Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on this rental license. Seeing no one coming forward, Mayor Willson called for a motion. Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 5508 Fremont Avenue North, with the requirement that the mitigation plan and all applicable ordinances must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. lOb. TRANSMITTING CHARTER COMMISSION RECOMMENDATIONS TO DISCUSS PROVISION OF CITY CHARTER City Manager Curt Boganey introduced the item and stated that proposed City Charter amendments were prepared by the Charter Commission for the City Council's review and consideration. Councilmember Ryan thanked Mr. Boganey and City staff for continuing to communicate the Charter Commission's recommendations to the City Council. He expressed his support of the recommendations. Mayor Willson stated the Charter Commission made previous recommendations that conflict with the current proposed recommended changes. He added the City Council has a 30-day window in which to request clarification from the Charter Commission and take action on its recommendations. Mr. Boganey agreed. Councilmember Ryan stated the City Council may approve new Charter language by unanimous vote. He added Councilmember Kleven suffered a serious injury in August, and is still in recovery. He asked, in the absence of Councilmember Kieven, whether a vote could be considered unanimous if a City Councilmember is absent due to injury. City Attorney Troy Gilchrist stated language in statute typically refers to a unanimous vote of the City Council, and a majority of quorum is required. Mayor Willson stated the newly elected City Councilmember should be involved in the discussion and subsequent action in 2015. He requested that City staff contact the Charter Commission and request additional information and clarification. Mr. Boganey stated the City Council should only consider the Charter amendments referenced in the Council packet for this evening's meeting. He added City staff is reviewing some of the proposed amendments to determine whether they are comprehensive, and also whether they can be addressed as separate actions. Mayor Willson stated, in his opinion, the City Council should 11/10/14 -4- DRAFT not determine which amendments they will or will not consider. Mr. Gilchrist stated he believes the amendments should be considered as one action, but he agreed to research precedents for other possible interpretations. Mr. Boganey stated City staff will consider the options available to the City Council with regard to the amendments if they adopt the recommendations at tonight's meeting. Mayor Willson requested that Mr. Gilchrist provide additional legal information for the City Council's review. Mr. Gilchrist agreed. Councilmember Ryan moved and Councilmember Myszkowski seconded to receive the Charter Commission recommended changes to the City Charter related to Sections 9.04, 5.01, and Section 6.02. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: • November 2, 2014, Lions Club Waffle Breakfast • November 6, 2014, Lions Club Monthly Dinner, held at Boulevard Hotel • November 8, 2014, West African Ebola Task Force Meeting held at Community Center • November 13, 2014, will attend Neighborhood Watch Captain's Appreciation Dinner held at Community Center Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: • October 29, 2014, visited Open Houses at 5401 Queen Avenue North and 5651 Dupont Avenue North, homes remodeled through the Federal Neighborhood Stabilization Program • November 4, 2014, voted at her community polling place - expressed the importance of Election Night as a special and exciting community event, especially since voter turn-out was low • November 5, 2014, helped build raised garden beds in Evergreen Park Community Gardens as part of a community grant program • November 7, 2014, CEAP Board meeting • Councilmember Myszkowski expressed Councilmember Kleven's disappointment at not being able to attend this evening's meeting. Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: • November 2, 2014, Lions Club Waffle Breakfast • November 3, 2014, Brooklyn Center Business Association Board Meeting • November 4, 2014, Election Day events with her husband and daughter who turned 18 that day and voted for the first time • November 9, 2014, events at Cross of Glory Church • November 11, 2014, will visit Odyssey Academy fifth grade classes 11/10/14 -5- DRAFT Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: • November 2, 2014, Lions Club Waffle Breakfast • November 5, 2014, Brooklyn Youth Alliance status update • Mayor Willson reviewed an article in Civil Liberties newsletter, featuring a profile of ACLU Activist Mahad Olad, Brooklyn Center High School student and recent Youth in Government Day participant. • Mayor Willson thanked Brooklyn Center citizens who voted on November 4, 2014. 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Myszkowski seconded adjournment of the City Council meeting at 7:51 p.m. Motion passed unanimously. 11/10/14 -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 NOVEMBER 10, 2014 CITY HALL - COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session called to order by Mayor/President Tim Willson at 7:52 p.m. ROLL CALL Mayor/President Tim Willson and Councilmembers/Commissioners Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Councilmember/Commissioner Carol Kieven was absent and excused. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building & Community Standards Vickie Schleuning, City Attorney Troy Gilchrist, and Mary Mullen, TimeSaver Off Site Secretarial, Inc. 63rd AVENUE STREET AND UTILITY IMPROVEMENTS - COMPLETE STREETS UPDATE (Continued from Study Session) Mayor/President Willson stated there was discussion about the concept of 63rd Avenue as a "gateway" thoroughfare, welcoming visitors and residents to Brooklyn Center, widening the boulevard, and keeping trees that would otherwise be lost if the roadway itself is widened. Mr. Lillehaug stated that is a design option that was used on Dupont Avenue North, and could be discussed further for 63 Avenue. Mr. Lillehaug stated the north side of 63rd Avenue is proposed for the trail, as the north curb line can be adjusted without requiring storm sewer modification. He added Brooklyn Park has indicated they would prefer a trail on the south side, but the north side provides access to more destinations, and pedestrians would encounter fewer intersections. Councilmember/Commissioner Lawrence-Anderson stated she has lived in this area for 27 years, and she believes that bike lanes on the street are a safety hazard. She added she supports the idea of bump outs, as well as a stop sign at the 63 rd Avenue/Noble Avenue intersection. She noted she would not support increasing the speed limit. Mr. Lillehaug stated a survey was sent to neighborhood residents, and 28 responses were received from 100 residents surveyed. He reviewed the survey results, which can be an indicator of public opinion with regard to City projects. He added he hoped to gauge the City Council's position with regard to preferred traffic calming measures. Mr. Lillehaug stated City staff hopes 11/10/14 -1- DRAFT to create a gateway corridor with slower speeds, traffic calming, and increased safety, which are strategic priorities for the City. Councilmember/Commissioner Myszkowski expressed her belief that this improvement project is an opportunity to develop 63rd Avenue into an important community roadway. She added she can envision residents riding their bikes to the light rail station on County Road 81. She noted she supports improved accessibility and promoting the use of bicycles in the community. She expressed her support of traffic calming measures. Councilmember/Commissioner Lawrence-Anderson stated boulevard landscaping could be used as a traffic calming measure, as well as widening the boulevard, to make the area more of a gateway. Mr. Lillehaug stated the boulevard will be maintained at 5 feet, and streetscaping could be considered, including more boulevard trees. He added landscaping results in increased costs, and homeowners currently maintain the boulevard. Councilmember/Commissioner Ryan stated the City Council can help with educating residents and providing information about the project. He added he would support a sidewalk on both sides of 63rd Avenue. Mayor/President Willson stated he is leaning toward supporting a 10-foot wide trail along 63'' Avenue, which would be a great amenity in that neighborhood. Councilmember/Commissioner Lawrence-Anderson stressed the importance of creating a more accessible pedestrian and bike-friendly community. She added she hopes that families will use the new trail to walk to Odyssey Academy, due to increased safety. Mr. Boganey reviewed roadway concepts that might be considered as part of the project: curvilinear roadways; roundabouts; center islands; and parkways. Mr. Lillehaug agreed, stating all these concepts and others can be reviewed and presented to the City Council for comment and feedback. He thanked the City Council for their input, as well as their support for the efforts of City staff to successfully promote active living in Brooklyn Center. Mr. Boganey thanked Mr. Lillehaug for his hard work and efforts on this and many other projects, particularly where trails are planned on residential roadways, which can often be challenging. Councilmeniber/Commissioner Lawrence-Anderson stated residents along 63rd Avenue will support the project if they understand the potential for a reduction in traffic speeds. ADJOURNMENT Councilmeinber/Commissioner Ryan moved and Councilmember/Commissioner Lawrence- Anderson seconded adjournment of the City Council/Economic Development Authority Work Session at 8:50 p.m. Motion passed unanimously. 11/10/14 -2- : DRAFT City Council Agenda Item No. 6b [[I]Jh[*I I N Ik'A LU *'A.O] UI IiSJkA I DATE: November 18, 2014 TO: Curt Boganey, City Manager FROM: Maria Rosenbaum, Deputy City Cle1l(2 SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses on November 24, 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. BOWLING ALLEY AMF Bowling Centers Inc. 6440 James Circle N CHRISTMAS TREE SALES PQT Company dba Rum River Tree Farm FIREWORKS - PERMANENT Cub Foods GASOLINE SERVICE STATION Awad Company Brookdale Holiday Brooklyn Center Municipal Garage Christy's Auto Service Holiday Stationstores, Inc. Marathon Metropolitan Council Perfect Cash Wash #504 Qwest Communications dba Century Link 5040 Brooklyn Boulevard 3245 County Road 10 6501 Humboldt Avenue N 5710 Xerxes Avenue N 6844 Shingle Creek Parkway 5300 Dupont Avenue N 420 66 Avenue N 1505 69th Avenue N 6845 Shingle Creek Parkway 6849 Brooklyn Boulevard 6540 Shingle Creek Parkway Mission: L1LS(1riI14 an ((t(;'acffve, clean, safe, hums/ic cOinnhItiut' that eI1I?W1CeS the quality of file for all people and pleserves the public trust COUNCIL ITEM MEMORANDUM MECHANICAL Air Comfort Ht & A/C Crow River P & H Legacy Companies Inc. Major Mechanical Inc. Twin City Mechanical PUBLIC DANCE AMF Bowling Centers Inc. RENTAL See attached report. TOBACCO RELATED PRODUCT Awad Company Brookdale Holiday Brooklyn Center Municipal 41 Brooklyn Center Municipal #2 Cub Foods Family Dollar Inc. Family Dollar Inc. Family Dollar Inc. Holiday. Stationstores, Inc. Holiday Stationstores, Inc. Marathon Perfect Car Wash #504 Sun Foods Wal-Mart Stores, Inc. 19170 Jasper Street NW, Anoka 7440 20th Street SW, Howard Lake 8850 Wentworth Avenue 5, Bloomington 11201 86th Avenue N, Maple Grove 2141 108th Lane NE, Blame 6440 James Circle N 6501 Humboldt Avenue N 5710 Xerxes Avenue N 5625 Xerxes Avenue N 6930 Brooklyn Boulevard 3245 County Road 10 2105 57th Avenue N 6211 Brooklyn Boulevard 6800 Humboldt Avenue N 420 66th Avenue N 6890 Shingle Creek Parkway 1505 69thl Avenue N 6849 Brooklyn Boulevard 6350 Brooklyn Boulevard 1200 Shingle Creek Crossing ihiisswn: Ensuring an at! raclive, clean, sf', inclusive co;nmimniit' that enhances the quality ufhje fin all people and preserves the jnihlic trust COUNCIL ITEM MEMORANDUM Rental License Category Criteria Policy - Adopted by City Council 03-08-10 Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) 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 Year1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months -2 units Greater than 8 + units Greater than 3 License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.3 5 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 unitsGreater than 0.25 but not more than 1 5 or more unitsGreater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Mission: Eusu ring an ui/rae//va dean, saft, inclusive cainnuin i/p that enhances the quality 01e to, all people and preserves the public trust u_I * 5 — ===—— — c w==— —-—-------- fu tocub.0 ci)(_)(/5 >0o-o -o -D 0 0 (U w (D co(I)(U - fu -,=(Uwfc(I)(U a) C) (U 0 a)Oa)1 fuo<__L o -- (U (U U)U)a)a)U)a)U)a)a)a)C—•:;C C C C C C CCC CaJ (1) i .E E a)a)a)a)a)a)a)()U)a) (fl Cl o C EE E E E E E EE00(0 (U ,,(U (U(U CU (U (U (U- =a) U.. a)D0t 4 4 LL LL LI..U.U..LL LL a)a)a)U)a)U)a) cot (.0 N .E ....0) 0 F-Vi U)jr-00 N m -1—U).U).U)U)if)U)UI (UI-I-a) V)a)z •-0 a)Z V,Z<Z5(/5><z> 4a)°JC2>-•><4--C <a)-<(/5 (U a)>W a) >.42—'/5(/5 ><.,,)4 4..-6 -C4-(U a)LPI-4N00 _>>.4-0 U E >< 0 U)(.0 (.0 (.0 LL .J 0 U)C)-4 4-r E H 00 0)0)C)(.0(.0 0)o N -i o -i u -i M m o In N 0..InI))(.0(.0 0 .-N 01 In 0U) (I)N (UIf) Q InN 00In In-I 0)N 0LI)(.0If)0)LI) (UU)>-'-4 a)0 (UU) N a)0 a)0.>-4-, 4- ci)0_I VSCU ci)ai U) Xo (UInII ' >_to. 5 0.>-eI-. (U -Dc(Uo-0 - ci)(I) O :3ao >- aiC> ± (/5 (-5 II) CU) '/ 00. C>. ci)U) a) — I-u_I (U :3Co * * =* * < City Council Agenda Item No 6c [EIiBJ[*I Ni ak'AU IDk(S) 1 IflhJk I DATE: November 24, 2014 TO: Curt Boganey, City Manager FROM: Nathan Reinhardt, Finance Director SUBJECT: Certificate of Achievement for Excellence in Financial Reporting Recommendation: It is recommended that the City Council accept a plaque to be presented to the City recognizing the City's 2013 Comprehensive Annual Financial Report (CAFR) as exemplary. Background: The Government Finance Officers Association of the United State and Canada (GFOA) sponsors a program aimed at achieving excellence and consistency in financial reporting. The award was received by the City of Brooklyn Center for its Comprehensive Annual Financial Report for the year ended December 31, 2013. The citation reads that the award is presented to governmental units whose comprehensive annual financial reports achieve the highest standards in governmental accounting and financial reporting. In order to be awarded a Certificate of Achievement, a government must publish an easily readable and efficiently organized CAFR. The CAFR must satisfy both accounting principles general accepted in the United State and applicable federal, state and local legal requirements. While all members of the Finance Department contributed to the achievement of this distinction, special recognition should be given to Assistant Finance Director Adam Flaherty for his diligent efforts and his expertise in preparation of the report and achievement of this award. Strategic Priorities: o Financial Stability Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust City Council Agenda Item No. 6d [S[iIIJ[iJI •i M'4U4I ik [I)t1WI P1IJi DATE: November 24, 2014 TO: Curt Boganey, City Manager FROM: Nathan Reinhardt, Finance Director SUBJECT: 2015 Budget Public Hearing Date/Time Recommendation: It is recommended that the City Council consider a motion approving a change to the time of the public hearing on the 2015 Property Tax Levy and Budget from 6:00pm to 7:00pm on December 1, 2014. Background: The proposed property tax statement notifications that were mailed by Hennepin County provided the December 1, 2014 at 7:00pm meeting date and time. The adjustment to the City Council Meeting Schedule will make the City schedule consistent with this notification received by property owners. Date Topic December 1, 2014 (7:00 pm) Public hearing on the proposed 2015 budget and levy, followed by proposed adoption of the final tax levies and budget Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public t;iis( City Council Agenda Item No. 8a COUNCIL ITEM MEMORANDUM DATE: November 24, 2014 TO: Curt Boganey, City Manager FROM: Nathan Reinhardt, Finance Director tIL SUBJECT: Request for Continuation of Public Hearing on Utility Rates for 2015 Recommendation: It is recommended that the City Council consider open the public hearing and then consider a motion to continue the public hearing on utility rates for 2015 on Monday, December 8th1, 2014. City Code sections 11.02 and 11.06 require a notice and hearing prior to the City Council setting the new utility rates. The continuation of the public hearing will allow the City to publish the notice at least ten (10) days prior to the date of the hearing as required by the City Code. Background: Utility rate information will be presented to City Council on December 8, 2014 Mission: Ensuring an attractive, clean, safe comnnuiity that enhances the quality of life and preserves the public trust WUNCT{L if EM MEMORANDUM DATE: November 10, 2014 TO: Curt Boganey, City Manager FROM: Nathan Reinhardt, Director of Finance SUBJECT: Setting a Public Hearing on Proposed Utility Rates for 2015 Recommendation: It is recommended that the City Council consider setting a public hearing for Monday, November 24, 2014 on proposed utility rates for 2015. Background: At the October 20, 2014 joint work session of the City Council and Financial Commission, staff presented the expected expenditures for operation of the City's utility services for 2015. The expenditures include total direct and indirect costs including depreciation of capital assets and administrative costs. Along with those costs are projections of the revenues needed for 2015 and for the next fifteen years to keep operations running smoothly and fund the infrastructure improvements needed in each of the utility systems. The cash flow analysis for each of the five utilities indicate anticipated rate changes necessary to maintain targeted cash balances during the construction of the utility improvements associated with the City's 15-year Capital Improvement Plan (CIP). Rate increases are projected for the Water Utility, Sanitary Sewer Utility and Recycling Utility in order to maintain cash reserves, fund normal operations and finance infrastructure improvements. Rate for the various utilities are recommended to change as follows for 2015: nidi DID fi4ltiiL FfiS [ Water Base Charge - Residential $8.20 $10.00 $1.80 /quarter(Per Quarter) Consumption Charge - Tier 1(0 - 30 gallons)$1.36 $1.66 $0.30 /1,000 gallons Residential Meters Tier 11(31 - 60 gallons)1.70 2.07 0.37 /1,000 gallons Tier III (61 and greater)2.54 3.10 0.56 /1,000 gallons Consumption Charge -(Per 1,000 gallons)$1.70 $2.07 $0.37 /1,000 gallonsNon-residential Sanitary Sewer Base Charge (Per Quarter)$74.70 $78.45 $3.75 /quarter Storm Sewer Base Charge (Per Quarter)$14.48 $14.48 No change Street Light Base Charge (Per Quarter)$6.55 $6.55 No change Recycling Base Charge (Per Quarter)$8.94 $9.21 $0.27 /quarter Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust [Eli IJ[ii I fl I I ML'A UhYA I øI"4 O 1I1 OJJ I The utility bill for a household using 18,000 gallons of water (considered the typical residential user) is shown in comparison to 2014 rates as follows: Water $32.68$39.88 $7.20 Sanitary Sewer $74.70 $78.45 $3.75 Storm Sewer $14.48$14.48 - Street Light $6.55 $6.55 - Recycling $8.94 $9.21 $0.27 Total $137.35 $148.57 $11.22 The proposed rates would become effective on January 1, 2015 for the Sanitary Sewer and Recycling Utilities. The proposed Water Utility rates would be effective beginning April 1, 2015. The delayed implementation of the water rates would allow the City additional time to communicate the increase to consumers and time for those consumers to budget for the additional increase or modify their water consumption. Strategic Priorities: o Financial Stability Mission. Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING 2015 WATER UTILITY RATES, FEES AND CHARGES WHEREAS, the City of Brooklyn Center Charter requires that municipal utilities be self-supporting through revenue provided by a uniform schedule of rates, fees and charges; and WHEREAS, the City of Brooklyn Center has reviewed water rates for the necessary funding of Water Treatment Plant Improvement Project No. 2014-05; and WHEREAS, on behalf of the City of Brooklyn Center, Springsted Inc. analyzed the current and future funding needs of the Water Utility; and WHEREAS, the City of Brooklyn Center has reviewed the Water Rate Study prepared by Springsted, Inc., dated April 4, 2014, and agrees with the conclusion that proposed rate adjustments will be required to repay the Public Facilities Authority (PFA) Loan, operate the Water Utility and maintain sufficient reserves, and have updated the proposed cash flow sheets attached as Exhibit A to this Resolution; and WHEREAS, this uniform schedule shall be called the "Public Utility Rate Schedule" and shall be adopted by resolution of the City Council; and WHEREAS, financial requirements for the utility funds have been identified and reviewed by the City Council; and NOW, THEREFORE, BE IT RESOLVED by the city Council of the City of Brooklyn Center that the following Water Utility rates, fees and charges are hereby adopted and shall be effective for all billings issued on or after April 1, 2015. 2015 WATER UTILITY RATE SCHEDULE Water Rates, Fees and Charges Base Rate Year 2015 $2.07 per 1,000 Gallons Quarterly Minimum Rate Meter Size 2015 Quarterly Minimum Charge 195 2898 1Y2"$ 3726 2"$ 7245 3"$ 14490 4"$ 244.26 6"$ 558.90 8"$ 1,061 85 10 55 RESOLUTION NO. Water Conservation Rate Meter Size Base Charge (minimum charge per quarter) 5/8" and 3/4" $ 10.00 Thousands of Gallons Consumption Charge (per 1,000 gallons used) 0 to 30 $1.66 31 to 60 $ 2.07 61 and greater $ 3.10 Other Charges Delinquent account, quarterly charge Greater of $ 3.00 or 10% of unpaid balance Certification for collection with property taxes $30.00 Fire Service Line Charge $ 12.50 per quarter November 24, 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. 39436369 o 69 r C) 09 69 69 69 (0 (3 (3 0903 69 69 0333 69 69 069• 6969 j (-(N 05 69O 69 g4 69 690690)630 • 0.630069 69 063_696903 000069 0 > OEOO R 0069(-063 6969 690 • 3- ( A"t 69' 69 690(4(0 69 21—IM 69' 69 -(30000'(0N0069 69 3 1 2 11( C (9 > Ci U) > 6906900 3903 0(C) OU€9 C-. 63Uo N 0) C C C 69 69 ON 00(0 0)) 0 69 069 0(0 (-C 069 000 C C 00000 vi W 41 1 69 04 CS .1 ml .(- O Ili NNOO 694-0 4- oo (--'-( 69 - N 69 (0 N- (9 C) C 00 N 69 69N-69 0 CS N 3- 69 0 69 690694- ci (0 69 0)'C9 33 c3 lo Ci I S. 04 U) C 04 C cli Ili cD Ili H I iI h J; lat .-3-0 S9 63>3 >8 (00 cu / o o D N _ _L 0 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING 2015 SEWER UTILITY RATES, FEES AND CHARGES WHEREAS, the City of Brooklyn Center Charter requires that municipal utilities be self-supporting through revenue provided by a uniform schedule of rates, fees and charges; and WHEREAS, this uniform schedule shall be called the "Public Utility Rate Schedule" and shall be adopted by resolution of the City Council; and WHEREAS, financial requirements for the utility funds have been identified and reviewed by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the following Sewer Utility rates, fees and charges are hereby adopted and shall be effective for all billings issued on or after January 1, 2015. 2015 SEWER UTILITY RATE SCHEDULE Sewer Rates, Fees and Charges Base Rate Quarterly Residential (minimum quarterly charge) Single Family Apartment Senior Citizen Year 2015 $78.45 $54.91 $43.15 Non-Residential Rate Year 2015 $ 3.16 per 1,000 Gallons Fees SAC Charge set by MCES Fee Established by MCES Charges Delinquent account, quarterly charge Greater of $3.00 or 10% of unpaid balance Certification for collection with property taxes $30.00 Line cleaning charge Labor, materials, equipment and overhead Sanitary Sewer Connection Established annually by resolution November 24, 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. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING 2015 STORM SEWER UTILITY RATES, FEES AND CHARGES WHEREAS, the City of Brooklyn Center Charter requires that municipal utilities be self-supporting through revenue provided by a uniform schedule of rates, fees and charges; and WHEREAS, this uniform schedule shall be called the "Public Utility Rate Schedule" and shall be adopted by resolution of the City Council; and WHEREAS, financial requirements for the utility funds have been identified and reviewed by the City Council. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Brooklyn Center that the following Storm Sewer Utility rates and charges are hereby continued and shall be effective for all billings issued on or after January 1, 2015. 2015 STORM SEWER UTILITY RATE SCHEDULE Storm Sewer Rates and Charges Quarterly Rates per Acre 2015 Minimum Ouarterlv Charae Base Rate Cemeteries and Golf Courses Parks Single Family, Duplex, Townhouse School, Government Buildings Multiple Family, Churches Commercial, Industrial Vacant Land $ 57.90 $ 14.48 $ 28.95 $ 14.48/lot $ 72.38 $ 173.70 $ 289.50 As Assigned Charges Delinquent account, quarterly charge Greater of $3.00 or 10% of unpaid balance Certification for collection with property taxes Private facility cleaning charge November 24, 2014 Date ATTEST: City Clerk $30.00 Labor, materials, equipment and overhead Mayor The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO.___________ RESOLUTION ADOPTING 2015 STREET LIGHT RATES AND CHARGES WHEREAS, the City of Brooklyn Center Charter requires that municipal utilities be self-supporting through revenue provided by a uniform schedule of rates, fees and charges; and WHEREAS, this uniform schedule shall be called the "Public Utility Rate Schedule" and shall be adopted by resolution of the City Council; and WHEREAS, financial requirements for the utility funds have been identified and reviewed by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the following Street Light Utility rates and charges are hereby adopted and shall be effective for all billings issued on or after January 1, 2015. 2015 STREET LIGHT UTILITY RATE SCHEDULE Street Light Rates and Charges Quarterly Rates Customer 2015 Minimum quarterly Charge Per Dwelling Unit: Single, Double and Multiple Family $ 6.55 Residential Per Acre: Parks $ 10.90 Schools, Government Buildings, Churches $ 21.80 Retail and Service-Office $ 32.69 Commercial and Industrial $ 32.69 Vacant Land and Open Space As Assigned Charges Delinquent account, quarterly charge Greater of $ 3.00 or 10% of unpaid balance Certification for collection with property taxes $ 30.00 November 24, 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. Member introduced the following resolution and moved its adoption: RESOLUTION NO.___________ RESOLUTION ESTABLISHING 2015 RECYCLING RATES AND CHARGES WHEREAS, the City of Brooklyn Center is a member of the Hennepin Recycling Group (HRG), which is a joint powers group organized pursuant to Minnesota Statutes Section 471.59 (1987); and WHEREAS, the purpose of the joint powers agreement is to create an organization by which member cities may jointly and cooperatively provide for the efficient and economical collection, recycling and disposal of solid waste within and without their respective corporate boundaries in compliance with the Minnesota Waste Management Act, Minnesota Statutes Chapter 115A (1987); and WHEREAS, the HRG has established a curbside recycling program for its member cities to meet the requirements of Hennepin County Ordinance No. 13, Solid Waste Source Separation for Hennepin County; and WHEREAS, the City of Brooklyn Center must establish rates to fund the City's curbside recycling program and the cost for projected reimbursement of recycling charges from the HRG along with other program operating charges; and WHEREAS, Brooklyn Center Ordinance No. 89-11 authorizes the City to establish rates for recycling services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the recycling charges shall be as follows for all billings issued on or after January 1, 2015: 2015 RECYCLING UTILITY RATE SCHEDULE Recycling Rates and Charges Minimum Charge per Household per quarter: $ 9.21 per quarter. Charges Delinquent account, quarterly charge Greater of$ 3.00 or 10% of unpaid balance Certification for collection with property taxes $ 30.00 November 24, 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. 11/12/2014 Utffl Rates ior 2015 Finance Department November 24, 2014 iieLonscieratons Maintain service levels Stabilize rate changes Provide cash for operating needs Provide cash for capital projects Provide cash for debt service 1 11/12/2014 Lt psed Rate Changes T1TT Base Charge (Per Quarter)$8.20 $10.00 $1.80 /quarter Tier 1(0-30 gallons)$1.36 $1.66 $0.30 /1,000 gallons Tier 11 (30-6ogallons)1.70 2.07 0.37 /1,000 gallons Tier III (61 and greater)2.54 3.10 0.56/1,000 gallons Consumption Charge - Non-residential (Per 1 1 000 gallons)$1.70 $2.07 $0.37 /1,000 gallons Sanitary Sewer Base Charge $74.70 $78.45 $3.75 /quarter(Per Quarter) SewerStorm Base Charge $14.48 $14.48 No change(Per Quarter) Street Light Base Charge $6.55 $6.55 No change(Per Quarter) Base Charge $8.94$9.21 $0.27 /quarter(Per Quarter) 3 a u uity Bili (18,000 gallons of water) $32.68 $39.88 $7.20 $74.70 $78.45 $3.75 $14.48 $14.48 - $6.55 $6.55 - $8.94 $9.21 $137.35 $148.57 $11.22 11/12/2014 ier1iuniy Kate Comparison $100.08 Cost of 18,000 Gallons of Water per Quarter in 2014 $94.05 $90.00 $82.15 $82.26 $70.00 66.36 E 0: , / , • \S / S 0 ' .' S Ole :- .L-- vroposeii i'uillc Authorities Loan (PEA Proposed PEA Loan of $19.66 million for the construction of the Water Treatment Plant Monthly draws anticipated to begin early 2015 . Below market interest rate (<1.5%) Annual payments over 20 years, will be approximately $1.1 million Semiannual payments expected to begin August 2015 Water utility rates will be phased in over a three year period 6 - 1 11/12/2014 \ivdLeI Ireau i tei it Plant Impact on Rates $100.00 - Cost of 18,000 Gallons of Water per Quarter in 2014 $94.05 $90.00 $82.15 $82.26 $60.00 z/T2jjjjjflft S S dnLary Sewer Utility Rate Comparisori_ $90.00 Cost of 18,000 Gallons of Sanitary Sewer per Quarter in 2014 $82.61 $83.63 $80.36 $80.00 $74.70$48.40 $70.02 $70.00 $66.15$61.74 $62.60 $60.00 $44.60 I ----$40.60 - - $30.00 $20.00 (y ( B rI $10.00 $9.00 $0.00 $7.00 $6.00 $5.00 $4.00 $3.00 $2.00 $1.00 New Hope Crystal Richfield Golden Volley Brooklyn Brooklyn Shoreview Center (2014) Center (2015) 11/12/2014 ,4AIL Sewer u1ity ate Comparison 1 $25.00 Residential Storm Sewer Charge per Quarter for 2014 $21.78 $22.00$21.26 $20.00 $14.48 $14.43 $15.00 I $11.70 $11.70 $12.02 ::: ilililE Fridley New Hope Roseville Crystal Richfield Brooklyn Brooklyn Shoreolen, Maplewood Golden Center Center Valley 170141 (201c1 9 M -- 10 5 11/12/2014 cruitu:Rate Comparison $12.00 Residential Recycling Charge per Quarter for 2014 $1065 $10.00 $10.00 $9.21 $8.82 $8.944flI New Hope Roseville Fridley Maplewood Brooklyn Brooklyn Golden Crystal Center (2014) Center (2015) Valley Ii -- --- --i---_-_ - - Questons? 12 City Council Agenda Item No. 9a COUNCIL ITEM MEMORANDUM DATE: November 24, 2014 TO: Curt Boganey, City Manager FROM: Tim Benetti, Planning and Zoning Specialist THROUGH: Gary Eitel, Director of Business and Development AE- SUBJECT: Resolution Regarding the Disposition of Planning Commission Application No. 2014-016 Submitted by Brooklyn Center Schools - TSD No. 286 for Special Use Permit to Operate a Group Day Care Facility, Located at 5910 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. 2014-016 submitted by Brooklyn Center Schools - TSD No. 286 for a Special Use Permit to operate a Group Day Care Facility, located at 5910 Shingle Creek Parkway. Background: On November 13, 2014, the Planning Commission considered Planning Commission Application No. 2014-012, submitted by Brooklyn Center Schools requesting a Special Use Permit to operate a Group Day Care Facility, located at 5910 Shingle Creek Parkway. This property is also the location of the Minnesota School of Business site. The subject property is located in the C-2 (Commerce) District and the CC-Central Commerce Overlay District. Group Day Care Facilities, including child care centers or pre-schools, are allowed in the C-2 and CC districts by means of a special use permit. The Applicants also requested approval to install a new outdoor playground area, with specific type of fencing that requires City Council approval. Attached for review is Planning Commission Resolution No. 2014-17, in which the Commission provides a favorable and unanimous (5-0) recommendation of the new Special Use Permit proposal. This resolution also provides a favorable recommendation regarding the outdoor play ground fencing material. Excerpt minutes from this November 13, 2014 Planning Commission meeting and related to this matter are attached for the City Council's review. Budget Issues: There are no budget issues to consider. Strategic Priorities: Community Image Mission: Ensuring an attractive, clean, safe, inclusive COFJJInUIIiI3' 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. 2014-016 SUBMITTED BY BROOKLYN CENTER SCHOOLS - ISD #286 FOR A SPECIAL USE PERMIT TO OPERATE A GROUP DAY CARE FACILITY IN THE C2 (COMMERCE) DISTRICT, LOCATED AT 5910 SHINGLE CREEK PARKWAY WHEREAS, Planning Commission Application No. 2014-016 submitted by Brooklyn Center Schools - ISD #286 ("Applicant") proposes a special use permit allowing a Group Day Care Facility, within the Minnesota School of Business building site, located at 5910 Shingle Creek Parkway ("Subject Property"); and WHEREAS, the Subject Property is situated in the C2 (Commerce) District and pursuant to City Code Section 35-322; Subd. 3.q, Group Day Care Facilities are only allowed by means of special use permit in the C2 Districts, and the Applicant has submitted such application to the City of Brooklyn Center for official consideration under Planning Application No. 2014-016; and WHEREAS, on November 13, 2014, the Planning Commission held a duly noticed and called public hearing, 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; and WHEREAS, the Planning Commission determined that Planning Application No. 2014-016 may be approved based upon the standards used to determine and approve a special use permit appear to 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. RESOLUTION NO. d)Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets. e)The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. AND WHEREAS, the Planning Commission adopted Planning Commission Resolution No. 2014-17, which provides a favorable and unanimous recommendation to the City Council that Planning Application No. 2014-016, a special use permit allowing a Group Day Care Facility at 5910 Shingle Creek Parkway, as submitted by Brooklyn Center Schools ISD No. 286 may be approved with certain conditions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the Special Use Permit allowing a Group Day Care Facility within the Minnesota School of Business site, located at 5910 Shingle Creek Parkway, is hereby approved subject to the following conditions: 1)The Special Use Permit is granted to Brooklyn Center Schools - ISD No. 286 only, to be used for a group daycare or childcare facility to provide on- site child care of no more than 40 children, which is subject to the granting of a license by the Minnesota Department of Human Services. Brooklyn Center Schools 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 that allows this group day care facility, along with the associated (but permitted) alternative learning center use, are subject to all applicable building codes, ordinances and regulations. Any violation thereof may be grounds for revocation of this special use permit. 4)The playground must be enclosed with a minimum 4-foot high fenced enclosure with appropriate child-safe locked gates as necessary. 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)Brooklyn Center Schools and/or operators of the group day care will ensure that children being dropped off or utilizing the childcare facility shall always be escorted by a parent or adult when entering or exiting the facility. 7)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. November 24. 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. rBROOKLYN TER Planning Commission Report Meeting Date: November 13, 2014 • Application Filed: 10/23/14 • Review Period (60-day) Deadline: 12/22/14 • Extension Declared: N/A • Extended Review Period Deadline: N/A Application No. 2014-016 Applicant: Brooklyn Center Schools (ISD #286) Location: 5910 Shingle Creek Parkway Request: Special Use Permit to allow a Group Day Care Facility INTRODU C TIO N Brooklyn Center Schools has submitted a request for special use permit (SUP) to operate a group day care or child care center, at their soon to be relocated Alternative Learning Center facility, located at 5910 Shingle Creek Parkway. This property is also known as the Minnesota School of Business location. A public hearing has been scheduled with respect to this special use permit application and notices have been sent to the surrounding properties within 350-ft. of the subject site. BACKGROUND BC Schools currently operates its alternative learning center (ALC), known as Brooklyn Center Academy (BCA) at 6850 Shingle Creek Parkway, which is also the former Palmer Lake Plaza facility and soon to be new office headquarters for Sign Zone, Inc./Showdown Productions. Operating under the BCA at this same location, is the Baby Steps Child Development program. On April 11, 2011, the City Council adopted Resolution No. 2011-60, which approved a new Master Special Use Permit for the Palmer Lake Plaza property. This Master SUP was created under an amendment to the planned unit development on this site, and which allowed for "Educational Uses" and "Religious Uses" to be included in the property's PUD/I-1 (Planned Unit Development/Industrial Park) zoning. This Master SUP/PUD Amendment also provided for the allowance of BC Schools to operate a group child care center in conjunction with the currently established ALC at this location, and the installation of an outdoor play ground area. This new day care was to provide for on-site services for the students or staffs only, with no outside or general (open) public child care service. The Applicant's narrative included the following explanation of this request: The Baby Steps Child Development program is currently licensed for 40 children. That number is broken into the following age categories: 14 Infants, 13 Toddlers, 13 Preschoolers. Each age group is chaperoned by 3 staff members. As a whole our program has 6-8 employees on-site at any given time. Enrollment is currently limited to students enrolled in the BCA or Pathways to Success GED program Which are both on-site. The outdoor play area at our current space is surrounded by a chain link fence and measures 1,500 square feet. App. No. 2014-016 PC 11/13/2014 Page 1 of With the recent acquisition of the Palmer Lake Plaza facility by Sign Zone, Inc., the BC Academy and Baby Steps were given notice to vacate the premises and locate to another facility. ( After a long search process, BC Schools settled on the subject site as the new home for the BC Academy/Pathway to Success program and Baby Steps program. The ALC and day care will take place on the first level of the MN School of Business building (MSB operations are conducted all on the 2' level). Shing le Creek Parkway ACA EMY DAYCARI\^- PLAYGROUND 74LI I I I I I PLANFOR1 nE1____IELL tj 6RooN CENTER COMMUNITY SCHOOLSDAYCARE C. 1 500 5F _ PLAN(FLOOR SCALE 1l32 E.O' The BC Academy will take up approx. 1/2 of the first floor, while approx. 1/4 of the floor space will be dedicated to the daycare program. The remaining space will be vacant. App. No. 2014-016 PC 11/13/2014 Page 2 of 8 The subject property is identified in the aerial overhead map below. _r I/ •;. .4 • .# •••,/\ .•*;; .5. . Jr • :- ftl' g _L tI • ' -. ffl -111 - The site contains two main access points off Shingle Creek Parkway, both of which are right- in/right-out only. A secondary access to the site is made from the south side through the Broolcdale Square property (Pep Boys and Ocean's Buffet), and which property is now owned by the City. This southerly access is somewhat cumbersome to get to from this intersection, but it does provide a means for vehicles to exit directly southbound if necessary. The subject property consists of 7.98 acres, and is located in the C-2 (Commerce) District, and the CC - Central Commerce District Overlay. The site is surrounded by other C2 zoned parcels and uses. As part of the city's Opportunity Site redevelopment plans for this area, the old Brookdale Square Mall property is slated to be removed and eventually redeveloped with new housing and or commercial/service uses. The MN School of Business is scheduled to remain in place, with redevelopment to take place around the site. Pursuant to City Code Section 35-322, Subdivision 3q, Group Daycare Facilities are listed as a special use in the C-2 District, and are subject to added standards as noted below: q. Group day care facilities provided that such developments, in each specific case, are demonstrated to be: 1)Compatible with existing adjacent land uses as well as with those uses permitted in the C2 district generally. 2)Complementary to existing adjacent land uses as well as with those App. No. 2014-016 PC 11/13/2014 Page 3 of 8 5 IAlCre&Trail uses permitted in the C2 district generally. 3)Of comparable intensity to permitted C2 district land uses with respect to activity levels. 4)Planned and designed to assure that generated traffic will be within the capacity of available public facilities and will not have an adverse impact upon those facilities, the immediate neighborhood, or the community. 5) Traffic generated by other uses on the site will not pose a danger to children served by the day care use. Furthermore, group day care facilities shall be subject to the special requirements set forth in Section 35-412. City Code 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 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." Most group day care or child care centers contain an outdoor play area for the kids. In the Cl, Cl-A and C2 Districts, outdoor recreational facilities (playgrounds, etc.) are regulated by certain special requirement standards. In this particular case, the site is C2 District and falls under City Code Sect. 35-412, Subd. 7, noted as follows: 7. 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 surface 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. The plans call for a 1,500 sf. outdoor playground, measuring 40-ft. x 41.5-ft., located on the east side of the MSB building and adjacent to an exit door into the identified daycare space. The play area will be situated in an unused and existing green space. The Applicants indicated this 1,5000 sf. play area is similar to what they were approved for in 2011 at the Palmer Lake Plaza facility. The playground will be set back approx. 30-feet from the edge of the parking lot. It appears the playground is scheduled to have a standard 4-foot high chain-linked fence. According to the previously mentioned special requirements for outdoor recreation areas associated with group day cares, any enclosed area must contain "...a wood fence not less than four feet in height, or a Council approved substitute..." With the most recently approved group day care facility at Spiritual Life Church, the Commission may recall the discussion in allowing that use to provide a 5-foot high chain-linked fence for their play area, which was given a App. No. 2014-016 Pc 11/13/2014 Page 4 of 8 favorable recommendation by the PC and approved by the City Council. The outdoor play area at the BC Schools ALC site (Palmer Lake Plaza) was also approved with a simple 4-foot high chain-linked fence. The Commission will need to make a recommendation on this fencing. 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: a)The establishment, maintenance, or operation of the special use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. b)The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. c)The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. d)Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets. e) The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. The analysis of this special use will provide responses or staff findings based on these five standards, 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. Staff believes this new group day care facility at this location is for the betterment of the public citizenry, its students in need, and the overall general welfare of our residents, and will not be a detriment to this or any other neighborhood; nor should it create any dangerous situations that affect the public, in either health, safety, morals or comforts. The city believes the BC Schools (BCA and Baby Steps) staff and personnel are all educated, professionally trained and well- equipped in providing the best possible care and early education programming for the students and children to be cared for at this location. Staff believes added security and safety measures will be provided for this use, and there should be no threats or imminent dangers to the public in the operation of this school/day care. 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. Staff understands the operation of the proposed group day-care facility at this location will be limited to those students and staff of the BCA/Pathways program, with no general public drop- App. No. 2014-016 PC 11/13/2014 Page 5 of 8 off or outside clientele. The City has not received any complaints or made aware of any investigations by the MN Dept. of Human Services into their current Baby Steps daycare program, and we do not anticipate any issues or complaints to be received should they approve a transfer of the license to this site. 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. c.The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. The group day care use will be fairly contained inside the MSB building, with limited amount of time spent outside by the kids and adult supervisors in the playground area. Due to the extensive setbacks and spacing of the adjacent businesses from this subject site, Staff does not believe this use or outdoor activity will cause any disturbances or impact upon these adjacent uses. 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. As also noted previously, the City has acquired the adjacent Brookdale Square property, and is in the process of acquiring the adjacent 5939 John Martin Drive (former Good Value/Audio King building), located to the north. The city wishes to redevelop most if not all the properties around this MSB site, and all plans have the MSB property to remain in place. Redevelopment of this area may result in better visibility and access in and around the subject site, and should not impede the normal or orderly development. The concept plans for this area are attached for added reference. 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 two main access points off Shingle Creek Parkway, both of which are right-in/right-out only. A secondary access to the site is made from the south side through the Brookdale Square property (Pep Boys and Ocean's Buffet), and which property is now owned by the City. Since this day care is meant to provide care for the students and staff who participate in the BCA/Pathways programs, Staff does not believe there will be any need for a dedicated "drop- off' lane or area, since most children will likely be taken in personally by the students or staff members. The site also contains approx. 475 spaces, which appears to be plenty of spaces needed for the current MSB use and the future (proposed) BCA/Pathways School and Baby Steps Day Care uses. Staff believes this child care use and the overall functions and operation of the Minnesota School of Business and ALC meets the overall parking requirements and standards of the C2 District, and is therefore acceptable. 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 App. No. 2014-016 PC 11/13/2014 Page 6 of 8 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. City Code Sect. 35-322, Subd. 3.ci. - Zoning Standards for Group Day Cares Under the C2 District's special use subdivision 3.q., there are five other (separately identified) zoning standards which apply to group day care facilities, and noted as follows: 1)Compatible with existing adjacent land uses as well as with those uses permitted in the C2 district generally. 2)Complementary to existing adjacent land uses as well as with those uses permitted in the C2 district generally. 3)Of comparable intensity to permitted C2 district land uses with respect to activity levels. 4)Planned and designed to assure that generated traffic will be within the capacity of available public facilities and will not have an adverse impact upon those facilities, the immediate neighborhood, or the community. 5) Traffic generated by other uses on the site will not pose a danger to children served by the day care use. In conjunction with the previously formed analysis of this special use and the staff responses to those separate standards found under Sect. 3 5-220, Staff generally believes and hereby states that this group, day care use should meet or exceeds these above-noted standards. The limitedness of the day care should pose no threat to other users in the area, and will not have any adverse impact upon the existing property's operations or uses, the neighborhood or community. Outside Recreation Facility Issues As was noted earlier in this report, the City Code requires any outdoor recreation facility (playground identified on the BC School plans) 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. The Commission may recall an issue of fencing style or preference was made during consideration of the special use permit for Spiritual Life Church's day care use. In that case, Spiritual Life Church had requested to provide a 5-foot chain-linked fence surrounding their play area inside the parking lot. Staff recommended the Commission deny this option, and require a 5-foot wooden or similar solid screen fence. The PC was persuaded enough to forgo the wood/solid fence requirement, and recommended allowing the chain-linked fencing, which was eventually accepted and approved by the City Council. The Planning Commission will need to make another determination if this playground area's 4- foot chain-linked fence (or suitable alternative) is also acceptable as part of this special use App. No. 2014-016 PC 11/13/2014 Page 7 of 8 permit. Planning Staff believes that since this playground area is located on the rear side of the building, and because adequate setbacks will exist between the fenced in area and parking lot, plus the extensive separation of other uses from this play area, we will not object to allowing the play area to have the 4-ft. fencing as requested. RECOMMENDATIONIt 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 group day care use in this C2 (Commerce) District have been satisfactorily addressed. Therefore, we recommended that Planning Application No. 2014-016, which comprehends the Special Use Permit for a Group Day Care use at 5910 Shingle Creek Parkway be approved, and the Planning Commission adopts the attached Planning Commission Resolution No. 2014-17, with the following conditions: 1)The Special Use Permit is granted for a group daycare or childcare facility to provide on- site child care of no more than 40 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 that allows this group day care facility, along with the associated (but permitted) alternative learning center use, are subject to all applicable building codes, ordinances and regulations. Any violation thereof may be grounds for revocation of this special use permit. 4)The playground must be enclosed with a minimum 4-foot high fenced enclosure with appropriate child-safe locked gates as necessary. 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 operators of the group day care will ensure that children being dropped off or utilizing the childcare facility shall always be escorted by a parent or adult when entering or exiting the facility. 7) 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. 2014-016 Pc 11/13/2014 Page 8 of 8 w !;i , Lu I P, fA IT CUC, 0U) 1IimuIIllhIllhIL. 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D*R*A*F*T MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA NOVEMBER 13, 2014 CALL TO ORDER The Planning Commission meeting was called to order by Chair Burfeind at 7:05 p.m. ROLL CALL Chair Scott Burfeind, Commissioners Randy Christensen, Benjamin Freedman, Stephen Schonning, and Rochelle Sweeney were present. Commissioners Katy Harstad and Carlos Morgan were absent. Also present was Director of Business & Development Gary Eitel; and Secretary to the Planning Commission/City Planner Tim Benetti. 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 - OCTOBER 16. 2014 There was a motion by Commissioner Schonning, seconded by Commissioner Sweeney to approve the minutes of the October 16, 2014 meeting as submitted. The motion passed. APPLICATION NO. 2014-016 CONSIDERATION OF A SPECIAL USE PERMIT TO ALLOW A NEW GROUP DAY CARE FACILITY IN CONJUNCTION WITH A PERMITTED ALTERNATIVE LEARNING CENTER USE (BROOKLYN CENTER ACADEMY /PATHWAYS TO SUCCESS GED PROGRAMS), LOCATED AT 5910 SHINGLE CREEK PARKWAY. Chair Burfeind introduced Planning Application No. 2014-016, consideration of a request from Brooklyn Center School District for a Special Use Permit to operate a group day care in conjunction with the relocation of their Alternative Learning Center to the 5910 Shingle Creek Parkway (see Planning Commission Report dated November 13, 2014 regarding this item) Chair Burfeind requested Secretary/City Planner Benetti to present his report. Benetti provided a PowerPoint presentation, commenting on the following items: In 2011, the Brooklyn Center School District received approval to operate its alternative learning center (ALC), known as Brooklyn Center Academy (BCA) at 6850 Shingle Creek Parkway. The approved Planned Unit Development Master Plan for this industrial property, the former Palmer Lake Plaza facility, included the operation of a group day care, known as The Baby Steps Child Development Program. The day care operation was described as follows: PC Minutes - 11-13-14 Page 1 of 8 D*R*A*F*T The Baby Steps Child Development program is currently licensed for 40 children. That number is broken into the following age categories: 14 Infants, 13 Toddlers, and 13 Preschoolers. Each age group is chaperoned by 3 staff members. As a Whole our program has 6-8 employees on-site at any given time. Enrollment is currently limited to students enrolled in the BCA or Pathways to Success GED program which are both on-site. The outdoor play area at our current space is surrounded by a chain link fence and measures 1,500 square feet. The 2014 acquisition and industrial renovation of the Palmer Lake Plaza facility by Sign Zone, Inc. as their new office headquarters for Sign Zone, Inc. /Showdown Productions necessitated the BC Academy and Baby Steps to relocate to another facility. After a long search process, BC Schools settled on the subject site as the new home for the BC Academy/Pathway to Success program and Baby Steps program which is proposed to occur on first level of the MN School of Business building (MSB operations are conducted all on the 2nd level). Minnesota School of Business site consists of 7.98 acres, and is located in the C-2 (Commerce) District, and the CC - Central Commerce District Overlay, where the use of an Alternative Learning Center is considered a permitted use and group day care facilities are allowed with a Special Use. Mr. Benetti commented on the accessibility of this site to Shingle Creek Parkway and its relationship to the current Master Planning of the southern portion of the Opportunity Site for a mixed use market rate residential development with supportive commercial services. The redevelopment of the adjoining properties is being planned to occur independent of the Minnesota School of Business Site. The relative zoning issues with this application includes: Pursuant to City Code Section 3 5-322, Subdivision 3q, Group Daycare Facilities are listed as a special use in the C-2 District, and are subject to added standards as noted below: Group day care facilities provided that such developments, in each specific case, are demonstrated to be: 1)Compatible with existing adjacent land uses as well as with those uses permitted in the C2 district generally. 2)Complementary to existing adjacent land uses as well as with those uses permitted in the C2 district generally. 3)Of comparable intensity to permitted C2 district land uses with respect to activity levels. 4)Planned and designed to assure that generated traffic will be within the capacity of available public facilities and will not have an adverse impact upon those facilities, the immediate neighborhood, or the community. PC Minutes - 11-13-14 Page 2 of 8 D R * A F *T 5) Traffic generated by other uses on the site will not pose a danger to children served by the day care use. Additionally, In the Cl, Cl-A and C2 Districts, outdoor recreational facilities (playgrounds, etc.) are regulated by certain special requirement standards. In this particular case, the site is C2 District and falls under City Code Sect. 35-412, Subd. 7, noted as follows: 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 suiface for more than half the playground area, and shall extend at least 60feetfrom 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. Benetti stated that similar to the recent consideration of the Spiritual Life SUP application, the Planning Commission will need to make another determination if this playground area's 4-foot chain-linked fence (or suitable alternative) is also acceptable as part of this special use permit. Planning Staff believes that since this playground area is located on the rear side of the building, and because adequate setbacks will exist between the fenced in area and parking lot, plus the extensive separation of other uses from this play area, we will not object to allowing the play area to have the 4-ft. fencing as requested. Also the special requirements set forth in Section 35-412. 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: a)The establishment, maintenance, or operation of the special use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. b)The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. c)The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. d)Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets. e) The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. PC Minutes- 11-13-14 Page 3 of 8 D*R*A*F*T Benetti stated the 11/13/2014 planning report provides a response or analysis to each of these standards, and will avail himself to any questions, comments or concerns to these standards or responses. Benetti concluded his initial presentation by asking for any questions from the Commission. Chair Burfeind called for comments or questions from the Commission to city staff. Commissioner Christensen requested clarification on the type of fencing used at the Spiritual Life Day Care playground and how the playground location related to the future plans for internal access improvements illustrated on the Opportunity Site concept plan. Benetti replied that the fence provided by Spiritual Life was a 5 foot black vinyl coated chain link fence within their parking lot and the current proposal is a 4 foot galvanized fence with the lawn/open space between the back of the building and parking lot. Additionally, Mr. Benetti confirmed that the access points and design features included in the recent plan for the Opportunity Site were conceptual and that the future planning and redevelopment efforts for the Opportunity Site are proceeding without the Minnesota School of Business site. Commissioner Schonning stated that he had visited the site using the secondary access provided from the signalized intersection at Brookdale Square (Pep Boys), commenting on large amount of open space between these uses and the area proposed for the playground. Chairman Burfeind noted that the day care was a good use at this location given the future plans residential plans for the Opportunity Site. There was a brief discussion on the limited use of the 40 child day care for the use by District and the students of the ALC. Mr. Benetti indicated that to expand the use of the day care for the general public would involve an amendment to the Special Use Permit. To expand the number of the day care would involve approval by the Department of Human Services (DHS). The owner's representatives of the MSB building informed the Commission that the Alternate Learning Center and Day Care are proposed to occupy 20,000 sq. ft. of the 35,000 sq. ft. on the first floor of the building. With no further comments, Chair Burfeind requested a motion to open the public hearing. There was a motion by Commissioner Freedman, seconded by Commissioner Christensen to open the public hearing. The motion passed unanimously. Chair Burfeind called for comments from the public. Dan Krekelberg, Operations Director for the Brooklyn Center School District was present and commented on the relocation of the Alternate Learning Center to this location, noting the benefits of being on the MTC bus line and the enhanced opportunities for the students for complimentary programs offered by the Minnesota School of Business, which occupies the second. floor of this building. PC Minutes - 11-13-14 Page 4 of 8 D*R*A*F*T Chair Burfeind asked if there were any other persons wishing to come forward to address this issue. There were no other persons present or public comments received. MOTION CLOSE PUBLIC HEARING There was a motion by Commissioner Freedman, seconded by Commissioner Schonning to close the public hearing. The motion passed unanimously. Chair Burfeind called for further discussion or questions from the Commissioners. Hearing none, Chair Burfeind called for a motion on the proposed resolution presented to the Planning Commission. RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2014-016 SUBMITTED BY BROOKLYN CENTER SCHOOLS - ISD #286 FOR A SPECIAL USE PERMIT TO OPERATE A GROUP DAY CARE FACILITY IN THE C2 (COMMERCE) DISTRICT (5910 SHINGLE CREEK PARKWAY) There was a motion by Commissioner Freedman, seconded by Commissioner Schonning, to approve Planning Commission Resolution No. 2014-17 as presented, with certain conditions. Voting in favor: Chair Burfeind, Commissioners Christensen, Freedman, Schonning, and Sweeney. And the following voted against the same: None The motion passed unanimously. The Council will consider the application at its October 27, 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. PC Minutes - 11-13-14 Page 5 of 8 Commissioner Freedman introduced the following resolution and moved its adoption PLANNING COMMISSION RESOLUTION NO. 2014-17 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2014-016 SUBMITTED BY BROOKLYN CENTER SCHOOLS - ISD #286 FOR A SPECIAL USE PERMIT TO OPERATE A GROUP DAY CARE FACILITY IN THE C2 (COMMERCE) DISTRICT (5910 SHINGLE CREEK PARKWAY) WHEREAS, Planning Commission Application No. 2014-016 submitted by Brooklyn Center Schools - ISD 4286 ("Applicant") proposes a special use permit allowing a Group Day Care Facility, within the Minnesota School of Business building site, located at 5910 Shingle Creek Parkway ("Subject Property"); and WHEREAS, the Subject Property is situated in the C2 (Commerce) District and pursuant to City Code Section 35-322; Subd. 3.q, Group Day Care Facilities are only allowed by means of special use permit in the C2 Districts, and the Applicant has submitted such application to the City of Brooklyn Center for official consideration under Planning Application No. 2014-016; and WHEREAS, the Planning Commission held a duly noticed and called public hearing on November 13, 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. 2014-016 submitted by Brooklyn Center Schools - ISD #286, 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. 2014.17 Page 2of3 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. 2014-016 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 on-site child care of no more than 40 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 that allows this group day care facility, along with the associated (but permitted) alternative learning center use, are subject to all applicable building codes, ordinances and regulations. Any violation thereof maybe grounds for revocation of this special use permit. 4)The playground must be enclosed with a minimum 4-foot high fenced enclosure with appropriate child-safe locked gates as necessary. 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 operators of the group day care will ensure that children being dropped off or utilizing the childcare facility shall always be escorted by a parent or adult when entering or exiting the facility. RESOLUTION NO. 2014-17 Page 3 of 3 7) 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. I November 13, 2014 Date Chair ATTEST: Secretary The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Schonning and upon vote being taken thereon, the following voted in favor thereof: Chair Burfeind, Commissioners Christensen, Sweeney, Schoiming, and Freedman; and the following voted against the same: None; whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. lOa ]JJ[SJ I i N ML'J I'A I*A 0) 1IJiIAi DATE: November 24, 2014 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk A^"_^44&k SUBJECT: Type IV 6-Month Provisional Rental License for 4806 Twin Lake Ave 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 4806 Twin Lake Ave. 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 multi-family property with 1 building/4 units. The previous rental license was a Type I Rental License. This property qualifies for a Type IV Rental License based on 24 property code violations (6.0/unit) found during the initial rental license inspection and 2 validated police incidents/nuisance calls (0.5/unit) 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 Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 05-28-2014 The Owner, Douglas Allen Wahl, applied for renewal of the rental dwelling license for 4806 Twin Lake Ave, multi-family property with 1 building/4 units. 06-11-2014 An initial rental inspection was conducted. 24 property code violations (6.0/unit) were cited and 2 validated police incidents/nuisance calls (0.5/unit) (07/12/14 disturbing peace, 07/29/2014 disturbing peace), see attached rental criteria. 07-28-2014 A second rental inspection was conducted and passed. 08-06-2014 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental Mission: Ensuring an allract:ve, clean, safe, inclusive community that enhan cesces the quality of life for al/people and preserves the public trust COUNCIL ITEM MEMORANDUM license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 08-31-2014 The previous rental license expired. 09-22-2014 A Mitigation Plan was submitted. 10-27-2014 The Mitigation Plan was finalized. 11-14-2014 A letter was sent to the owner notifying that the hearing before the Council will be held November 24, 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 bemet. 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. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves (lie public trust kIiIJ[OI i tIk'4 UIMh'A Oi1II iIk' I 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. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City.. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. /J.1ission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust COUNCIL ITEM MEMORANDUM Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • 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 Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I - 3 Year 1-2 units 0-1 Type 11-2 Year 1-2 units Greater than 1 but not more than Type Ill — 1 Year 1-2 units Greater than 4 but not more than 8 Type iVu Months I-2 units Greater than 8 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 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1• Impact 3 -74-units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 il'Iissioii: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust 1iiSJIII ifli M MkLA I3W4:[S)t14I ,1SWA1 5 o more units -Greater, than 0.35 but not more than 0.50 - Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: . Vibrant Neighborhoods Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for (dl people and preserves the public trust COUNCIL ITEM MEMORANDUM City of Brooklyn Center phone: 763-569-9300 Ti)' 711 6301 Shingle Creek Parkway Fax: 763-569-3360 Brooklyn Center, MW 55430-2199 wwvicityofbrook!yn cent er.org Rental License Mitigation Plan—Type IV Rental License Handwritten plans will not be accepted. Please Ope or usefillableforni on cit y 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 folly 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. following documents with the Mitigation Plan for approval:Submit the 1.Crime Free Housing Program Training Certificate (if completed, if not completed, please include [711 2 scheduled date in Section C. Copy of Lease including Minnesota Crime Free Housing Lease Addendum 3.Submit written report by 10 of each month (after license approval). Stn C— Cnuie Fi ee Hotsing Piogi am RegitnéinntS Phase I 1.Use written lease including Crime Free Housing Lease Addendum. .JJ 2 Conduct criminal background check for all p rospective 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 Mission: Ensuring an attractive, clean, safe, inclusive coninutility that enhances the quality of life for all people and preserves the public trust --- 4, Attend City approved eight hour Crime Free Housing course. Date Course Completed: S/10114 or Date Course Scheduled; Phase IIL Complete Security Assessment and implement all security improvements recommended by the - Brooklyn Canter Police Department. Date Scheduled: 915/14 Improvements to be completed by: Passed Phase ffi [7 II will attend a minimum of 50% of the ARM meetings two). I will attend the ARM meetings scheduled for: 9111114, 1111/14.1/8114 & Do these two meeting dates occur before the *pendfrmg Type IVLicen.se expiration date? [] Yes 0 No (*See Sec/ion A) If no, you will Only be able to qualify for a Type IV Rental License upon renewal. E- =J J will have no repeat code violations previously documented within the past year. For properties with four or more units: CZJ I will conduct resident training annually that includes crime prevention techniques. I will hold regular resident meetings. 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.EstimatedDate Last Replaced Replacement Date Furnace/AC- 9P28/04 2025 Water Heater- June 2011 June 2021 Kitchen Appliances- IJn'o 2015 Laundry Appliances- Unsure 2020 Exterior -Paint/Siding, fascia, trim, MaY 2029 -Windows 2030 -Roof_ 2000 2030 -Fence___________ N/A N/A -Shed N/A -Garage ....... N/A .N/A -Driveway _- (insure 2020 -Sidewalks I June Smoke Alarms & Carbon Monoxide Alarms June 2008 June 2018 Implementing the following best practices may assist in the management of your property. By checking the boxes below, you agree to: II I I i. Check in with tenants every 30 days. [L/ I 2. Drive by property to check for violations twice a month. Page 2 Type IV Mitigation Plan Rev 11-16-11 LI?1IJ 3. Evict tenants in violation of the lease and all addendums.P 4. Provide lawn/snow service. . Provide garbage service. 6. Install security system. . Provide maintenance service plan for appliances. Name of service eo.: tji]1 8. lain and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other financial claims due to the City. 9, Other(s) Plesse 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 10d of each calendar month, the licensee must submit to the Building and Community Standards Department a written report describing all steps taken to comply with the Mitigation Plan. I verify that all information provided above is true and accurate. I understand that if! do not comply with an approved Mitigation Plan, comply with all applicable ordinances within the license penxl, or operate beyond the license expiration date; enforcement actions such as citations, formal complaint or license review may result Chris Gordon, A.P.M. Owner or Agent Name and Title (Please h*i) 8/15/2014 OwAor cot Signature Date Additional Owner or Agent Name and Title (f oppikable) (Please Print) Additional Owner or Agent Signature (ifapplicable) Date For City Use—ihigation Plan Approved Byza4e---- cqo7 Police Department I Title Da Department Page 3 Type IV Mitigation Plan Rev 1146-11 City Council Agenda Item No. lOb DATE: November 24, 2014 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk )4/1/M KJa SUBJECT: Type IV 6-Month Provisional Rental License for 5207 Boulder La 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 5207 Boulder La. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a new rental license. This is a single family property. This property qualifies for a Type IV Rental License, based on 17 property code violations found during the initial rental license inspection. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental 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: 07-03-2014 The Owner, Ross Steven Herman, applied for an initial rental dwelling license for 5207 Boulder La, a single-family residential property. 07-31-2014 An initial rental inspection was conducted. 17 property code violations were cited, see attached rental criteria. 08-12-2014 The owner requested an extension to complete the repairs. 09-29-2014 A second inspection was conducted and passed. 10-08-2014 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 10-09-2014 A Mitigation Plan was submitted. 10-27-2014 The Mitigation Plan was finalized. 11-14-2014 A letter was sent to the owner notifying that the hearing before the Council will be held November 24, 2014. If approved, after six months, a new rental license is required. The license process will begin in approximately four months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall 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. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: o At least 75% of units will be inspected for properties with 15 or less units. 0 At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Co1cle and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) I Type 1-3 Year 2 units 0-1 77_7^ Type 11-2 Year 1-2 units Greater than 1 but not more than 4 I Type III - 1 Year 1-2 units Greater than 4 but not more than 8 I Type IV —6 Months L units Greater than 8 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 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 Greater than 1 but not more than 3 Category 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 1-2 Greater than 3 Categories 3-4 units Greater than 1 L 5 or more units eater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: o Vibrant Neighborhoods Attachment - Mitigation Plan City of Brooklyn Center Ocro 9 Phone: 763-5693300 TTY 711 Iu 6301 Shingle Creek Parkway Fax; 763-5693360 Brooklyn Center, MN 65630-2199 tvww,cltyofbrooklynceflter.OrU Rental License Mitigation Plan—Type IV Rental License !fanthvrlltcn plans will not be accepted. Please type or use fihlabteforin on City websile. PruprtY Mdress:5207 6-ulder Ln Ow 1 ?N:H.,.t,an_Capital_Partners Local' Agent:flfly Frolov Oner.Address. . . Agent Addrcss: . 3539 DoUglas D.rCrystat, MN 55422 ..7640 Pan, Owncr Phone:613676. . Agcnt Ph 24073 °"1rossticimanherrnafl0aR,ifloC0m Agent Eni'ul hornes@tennyfrOlOV corn Rental Licchse: New Li R.incwul: C'urrent Lkciis Expiration DaEc:_ •lic.i l;..iii:ii.'u ... aJ)cndillg Type IV License Exp. Dte;313111 5 (Six cwrent license piraIien VSS Based orproperty condition-- and/Ot.valiftte&Pojice,nuisarcacmctdetiiS, the above refercnecdproperty qaliflcs 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 ACIION 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: 1. Crime Free Housing Program Training Certificate (if completed, if not completed please include scheduled date in Section C..IJJ 2. Copy of Lease including Minnesota Crime Free Housing Lease AddendumLi3, Submit written report by 10th of each month (after license approval). ,..J 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.LJ 3. Pursue the eviction of tenants who violate the terms of the lease or any addenduins. - - ]'ha,eI Page 1 Type IV Mitigation Plan Rev 11-16-11 [T I 4. Attend City approved eight hour Crime Free Housing course. Date Course Completed: 413112 or Date courseScheduled: Phasefl Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. Date Scheduled: 10/14 @ 1:30 Improvements to be completed by Phase III T11 will attends minimum Of 50% of the ARM meetings (two). I will attend the ARM meetings scheduled for: Nov 13.2014 March 12,201$ Do these two meeting dates occur before the *?ending 1)pe IVL!cense expiration date? I N El No (*See Section .4) If no, you will only be able to qualify for a Type IV Rental License upon renewal. I will have no repeat code violations previously documented within the past year. For properties with four or mtore unli.c I will conduct resident training annually that includes crime prevention techniques.______ 1 11 will hold regular resident meetings. Based on condition and age, estimated replacement dates are provided for common capital items. Funding should be considered accordingly. However, items broken, worn or otherwise in violation prior to the estimated replacement date will require earlier corrections. Date Last Replaced Estimated Replacement Date Furnace/AC-2000 2030 Water Heater- 2000 2030 Kitchen Appliances-2014 2030 LaundryAppliances- 2014 - 2030 Exterior 2030-Paint/Siding, fascia, trim 2030-Windows -Roof io 2030 -Fence_ - NA -Shed NA 2050 -Driveway 1959 2050 -Sidewalks 059 SmokeAlarms & Carbon Monoxide Alarms 2014 2024 Other( Implementing the following best practices may assist in the management of your property. Ry checking the boxes below, you agree 10: i. Cheek in with tenants every 30 days.II_V I 2. Drive by properly to check for violations twice a month. Page 2 Type JV Mitigation Plan Rev 11-16-11 " 1 , Evict tenants in violation of the lease and all addendunis. IL_ J . Provide lawn/snow service.I vii , Provide garbage service. IL 6. Install security system. We service appliances 7. Provide maintenance service plan for appliances. Name of service co.: ILJJ 8. 1 am and will remain current on payment of utility fees , tax", assessments, fines, penalties and other financial claims due to the City. 9. Other(s): Please read thoroughly: Tfthe 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 14 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. 1 verify that all information provided above is true and accurate. .1 understand that if I do not comply with an approved Mitigation Plan, comply with all applicable ordinances within the license period, or operate beyond the license expiration date; enforcement actions such as citations, formal complaint or license review may resuk Len ny Frolbv Owner or Agent Name and Title 019114 Owner Date Additional Owner or Agent Name and Title (if applicable) (Please Print) Additional Owner or Agent Signature ((ftppllcabk) Date fnr ('ty tJC41ttiiti)ii I'tn Appt(8ed 13y: 'Z90 'ealice partment / Title Date /a /17': , Page 3 Type IV Mitigation Plan Rev 1146-11 City Council Agenda Item No. lOc COUNCIL ITEM MEMORANDUM DATE: November 24, 2014 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk 2JkUlt& 4ut-Wk SUBJECT: Type IV 6-Month Provisional Rental License for 6337 Bryant Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan and issuance of a Type IV 6-Month Provisional Rental License for 6337 Bryant Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family property. The previous rental license was a Type I Rental License. This property qualifies for a Type IV Rental License based on 52 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 Rental 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 followingis a brief history of the license process actions: 06-20-2014 The Owner, My Truong, applied for renewal of the rental dwelling license for 6337 Bryant Ave N, a single family dwelling. 07-09-2014 An initial rental inspection was conducted. 52 property code violations were cited, see attached rental criteria. 09-29-2014 A second rental inspection was conducted and passed. 09-30-2014 The previous rental license expired. 10-08-2014 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 10-08-2014 A Mitigation Plan was submitted. 10-27-2014 The Mitigation Plan was finalized. 11-14-2014 A letter was sent to the owner notifying that the hearing before the Council will be held November 24, 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 rode 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. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation Mission: Ensuring an attractive, clean, safe, inclusive conununity that enhances the quality of life for al/people and preserves the public trust Iiik[iJIfl plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: At least 75% of units will be inspected for properties with 15 or less units. Mission: Ensuring an attractive, clean, sqfe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type l-3 Year 1-2 units 0-1 3fUñits Th075 Type 11-2 Year 1-2 units Greater than L but not more th- an 4 Type III — 1 Year 1-2 units Greater than 4 - but not more than 8 Type units Greater than 8 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 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 -1-2 Greater than 1 but not more than 3 Category 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 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust [EI1IJ[iJ I fl'VN MhYA AII)tiWI I1Ik' I Budget Issues: There are no budget issues to consider. Strategic Priorities: Vibrant Neighborhoods Attachment - Mitigation Plan TI 1ission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for (11/people and preserves the public trust I City of Brooklyn Center C/ Phone: 763-569-3300 TTY 711 6301 Shingle Creek Parkway 8g/i Fax: 763-559-3360 Brooklyn Center, MN 55430-2199 wwW.CityOJbroOk!yice.')ter.Org Rental License Mitigation Plan—Type IV Rental License Hana'wri#en plans will not be accepted. Please type or useflhlublefonn 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 filly 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 onzoing 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 followin g documents with the Mitigation Plan for approval: r ii. Crime Free Housing Program Training Certificate (if completed, if not completed, please include scheduled date in Section C.F712.2. Copy of Lease including Minnesota Crime Free Housing Lease Addendum/1 3. Submit written report by IO h of each month (after license approval). Phase / 1. Use written lease including Crime Free Housing Lease Addendum.F7_12. 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 f-'774. Attend City approved eight hour Crime Free Housing course. Date Course Completed: 0212O/2O1 or Date Course Scheduled: Phase III I I Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. Date Scheduled: 1011712014 © gam - 12pm Improvements to be completed by:- Phase UIF—,(71 will attend a minimum of 50% of the ARM meetings (two). I will attend the ARM meetings scheduled for: NO'erflber12,2014 - _&8fl1JaYø,20l5 Do these two meeting dates occur before the Pending Type IVLicense expiration date? 9 Yes 0 No (*See Section A) If no, you will only be able to qualify for a Type N Rental License upon renewal. t I 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 training annually that includes crime prevention techniques. L?iI1 I will hold regular resident meetings. OI L 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 placement Date Furnace/AC-September 2014 (thecicoø) -9/15/2014 Water Heater-September 2014 (corroded)- 9/1512014 Kitchen Appliances-September 2014 (c hocked)8115/2014 Laundry Appliances-Septarnber2014 (thect(ed)911512014 Exterior September 2014 (pelntedJrep&red)8/15/2014-Paint/Siding, fascia, trim pa tnted poClint September 2014 (repatrod)0/1512014-Windows _epo screens - September2014 (replaced) -91302014 -Fence rcpebed Wwo needed September2014 (reabed)9/1512014 N/A-Shed NA -Garage PMted who p"LIV September 2014 (painted/repaod 911512014 September 2014 (checked)9/15/2014_Drivewayok N/A-Sidewalks Smoke Alarms & Carbon Monoxide Alarms -September 2014 (replaced) -911512014 Other(s) Implementing the following best practices may assist in the management of your property. By checking the boxes below, you agree to: Ji I I i. Check in with tenants every 30 days.F7 12. Drive by property to check for violations twice a month. Page 2 Type IV Mitigation Plan Rev 11-15-11 I V I 3. Evict tenants in violation of the lease and all addendums. 4.Provide lawn/snow service. 5.Provide garbage service. 6. Install security system.T 1 7. Provide maintenance service plan for appliances. Name of service Co.: ELLJI 8. 1 am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other financial claims due to the City.II I 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 101h 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,rue 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. Sopheak Pho Owner or Agent Name and Title (Please Print) SOpk 1011012014 Owner or Agent Signature Date Additional Owner or Agent Name and Title Of applicable) (Please Print) - Additional Owner or Agent Signature (f'applicable) hr(:(iy Uc--Mi:iadon Plan Appro v ed By:I'd o^T4f Police Department / Title Date Date Date Page 3 Type IV Mitigation Plan Rev 11-16-11 City Council Agenda Item No. lOd COUNCIL ITEM MEMORANDUM DATE: November 24, 2014 TO: Curt Boganey, City Manager FROM: Sharon Kitson, City Clerk I" VM'At N(_ SUBJECT: Type IV 6-Month Provisional Rental License for 5333 Dupont 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 5333 Dupont Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a new rental license. This is a single family property. This property qualifies for a Type IV Rental License, based on 11 property code violations found during the initial rental license inspection. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 09-05-2014 The Owner, Scott Beck, applied for an initial rental dwelling license for 5333 Dupont Ave N, a single-family residential property. 09-10-2014 An initial rental inspection was conducted. 11 property code violations were cited, see attached rental criteria. 09-15-2014 A second inspection was conducted and passed. 09-16-2014 A Mitigation Plan was submitted. 10-08-2014 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. !liss!on: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 10-27-2014 The Mitigation Plan was finalized. 11-14-2014 A letter was sent to the owner notifying that the hearing before the Council will be held November 24, 2014. If approved, after six months, a new rental license is required. The license process will begin in approximately four months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 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. 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. It fission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • 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, inc!llsive community that enhances the quality of fife jbr ailpeople andpreserves the public trust COUNCIL ITEM MEMORANDUM Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type 1-3 Year 1-2 units 1-0-1 Type II —2 Year 1-2 units Greater than ibut not more than 4 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 Type IV —6 Months 1-2 units I Greater than 8 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 51 8B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 5 or more units 0-0.35 Decrease 1 -1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than t - 5 or more units Greater than 0.35 but not more than 0.50 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust I]JJ[ItI.ALU*A (I)tIIIiSJh'AI Decrease 2 1-2 Greater than 3 Categories 34 units :Greater than Ti 5 or more units jGreater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: o Vibrant Neighborhoods Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves (lie public trust Oct City of Brooklyn Center Phon: ?'6J-59$3O() flY ill a 6301 Shingle Creek Parkway Fox: ?i)569330 Brooklyn Center, MN 55430-2199 - Rental License Mitigation Plan--Type IV Rental License Handwritten plans will not be accepted. Please type or use fllhth!e form on cit y website. Section A— Property Information Property Address: 5333 Dupont Ave N, Brooklyn Center, MN Owner Name: RHA 3, LLC Local Agent: HavenBrook Homes, LLC Owner Address: 3505 Koger Blvd. #400, Duluth, GA, 30096 Agent Address: 1811 County Road B Wot. 1O4, Rosv8o, NN.S5113 Owner Phone:Agent Phone: 61 2-2393407 Owner EnItIi 'm n@havenbrookhomes.com Agent sbeck@havenbrookhOmeS.cOm GORental License: New n Renewal: Current License Expiration Dote:__________ *pending Type IV License Exp. Date:________________ (six months from current license explraIion) Based on property conditions and/or validated police nuisance incidents, the above referenced property qualities 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: f71 I.Crime Free Housing Program Training Certificate (Wcoinpteted, if not completed, please include [i1 2. scheduled date in Section C. Copy of Lease including Minnesota Crime Free I lousing Lease Addendum t / I 3.Submit written report by 10 14 of each month (after license approval). Section C— Crime Free Housing Program Requirements 1hneII / I 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.___ J_____ 1 3.Pursue the eviction of tenants who violate the tcrnis of the lease or any addendums, Page 1 Type IV mitigation Plan Rev 11-16-11 M 4. Attend City approved eight hour Crime Free Housing course. Date Course Completed: 020114 or Date Course Scheduled: Phase IILL..J Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. Date Scheduled: 10/3114 10:00am improvements to be completed by: 11/3114 Phase Ill1 /J1 will attend a minimum of $0% of the ARM meetings (two). I will attend the ARM meetings scheduled for: & lots Do these two meeting dates occur before the *Pending 7)'pe IV License expiration date? Yes 0 No (See Section 4) If no, you will only be able to quality for a Type IV Rental License upon renewal. I will have no repeat code violations previously documented within the past year. For propeviles n'Ith four or mote units: L1 I will conduct resident training annually that includes crime prevention techniques.rn I will hold regular resident meetings. Section D— Long Terni 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--tooted 8120/14 8/20124 Water Heater- tostod KOM4 8/20124 Kitchen Appliances--8/20)14 8120119 Laundry Appliances-None Exterior _Inspaat9!5/14 -915119-Paint/Siding, fascia, trim - Inspected M114 915124-Windows.., _. Inspected 9/5 1 14 915/24-Roof -Fence -Inspected 9F514 9)5(19 -Shed -Garage 915114 - -Driveway -- Inspected 915114 915/19 915/14 9/5/19-Sidewalks Smoke Alarms & Carbon Monoxide Alarms 914/14 inspected quait1y Other(s)- Section E - Steps to I m prove Man a gemen t ajid Condit io ns of ProperL Implementing the following best practices may assist in the management of your property. By cli ecithig the boxes below, you agree lo:II / 11. Check in with tenants every 30 days. IL I I 2. Drive by property to check for violations twice a month. Page 2 Type IV Mitigation Plan Rev 11-16-11 -17 3, Evict tenants in violation of the lease and all addendums.I Provide lawn/snow service. 5.I Provide garbage service. 6.Install security system. 7. Provide maintenance service plan for appliances. Name of service Co.: ILLJI 8. 1 am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other financial claims due to the City.A / 1 9. Other(s): Maintenance Tech Conducts quarterly Maintenance Check on Home - 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 104 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. [understand that if Ido 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 format complaint or license review may result. Owner or Agent Name and Title (Please Print) OwnSiature Dat Additional Owner or Agent Name and Title q'fapplicable,) (Please Print) Additional Owner or Agent Signature j'(fapplicable.) Date ltr ('it\ lis..Iitiaioii l'tnn 1pi Police Department /Title bate 1 4 fi— j Page 3 Type IV Mitigation Plan Rev 11-16-11 City Council Agenda Item No. lOc DATE: November 24, 2014 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk ^Wfft ^"6A SUBJECT: Type IV 6-Month Provisional Rental License for 5548 Humboldt Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan and issuance of a Type IV 6-Month Provisional Rental License for 5548 Humboldt Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a new rental license. This is a single family property. This property qualifies for a Type IV Rental License, based on 10 property code violations found during the initial rental license inspection. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 09-24-2014 The Owner, Roger Logan, applied for an initial rental dwelling license for 5548 Humboldt Ave N, a single-family residential property. 10-01-2014 An initial rental inspection was conducted. 10 property code violations were cited, see attached rental criteria. 10-09-2014 A second inspection was conducted and passed. 10-20-2014 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 10-23-2014 A Mitigation Plan was submitted. 10-27-2014 The Mitigation Plan was finalized. 11-14-2014 A letter was sent to the owner notifying that the hearing before the Council will be held November 24, 2014. If approved, after six months, a new rental license is required. The license process will begin in approximately four months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 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. 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. 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 categQry 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 Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type 1 - 3 Year 1-2 units 0-1 Type 11-2 Year 11-2 units Greater than 1 but not more than 4 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 Type IV —6 Months 11-2 units Greater than 8 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 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 34 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 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 1-2 Greater than 3 Categories 34 units Greater than 1 5 or more units jGreater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: . Vibrant Neighborhoods Attachment - Mitigation Plan I City of Brooklyn Center Phone: 763-569-3300 TTY 711 6301 Shingle Creek Parkway OCT 2 3 Fax: 763-569-3360 Brooklyn Center, MN 55430-2199 UI www.cstycJJbrook! yncenter.org wrTffT'.rf.ijir Rental License Mitigation Plan--Type IV Rental License Jlandwri#en plans will not be accepted. Please type or use fillable form on city website. Prperty Address 5548 1frbold è N O\nerrame Roger Logan LO(& Agent OvàerAddress A`--t Mdress 254f Adele St1 ,1060.10_yy MN S5109 Owner Phone 763-442-2877 Agent Phone Owner Email rketlerlake©abl corn Agent Email Re'Licene:)" _ _cnewal; Current License Exp railon Dat , 4 Pend ing Type IV License Exp Date:ft' sSvT • ••• - - (SixrnonIhsfro5rn currënllicense expiraiibt) 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 reuirèments within this *pending license period and avoid legal actions. Submit the following documents with the Mitigation Plan for approval: 1711] 1. Crime Free Housing Program Training Certificate (if completed, if not completed, please include scheduled date in Section C. [?iii 2. Copy of Lease including Minnesota Crime Free Housing Lease Addendum ([/ I 3, Submit written report by 10th of each month (after license approval). L1heI I. Use written lease including Crime Free Housing Lease Addendum, 7] 2. Conduct criminal background check for all prospective tenants. Provide documentation to City if requested.L.J 3. Pursue the eviction of tenants who violate the terms of the lease or any adderidums. Page 1 Type IV Mitigation Plan Rev 11-16-11 4. Attend City approved eight hour Crime Free Housing course. Date Course Completed: or Date Course Scheduled: 1214114. stlouls park Phase U[_/J Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Pollee Department, Date Scheduled: © 1pm Improvements to be completed by: 30 days Phase 111 [_/ II will attend a minimum of 50% of the ARM meetings (two). [will attend the ARM meetings scheduled for: 11812015 & 3/12/2015 Do these two meeting dates occur before the Pending lype IV License expiration date? OR Yes fl No (*See Section A) If n, you will only be able to qualify for a Type IV Rental License upon renewal. 1 Ii will have no repeat code violations previously documented within the past year. Forproperlies with four or more unils: I I will conduct resident training annually that includes crime prevention techniques. I 1 i will hold regular resident meetings. OR IN R WIN 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 -________________10 years Water Heater--2004 5 years Kitchen Appliances-2006 10 years Laundry Appliances-2014 20 years Exterior 30 Y-Paint/Siding, fascia, trim 30 years-Windows 20yaare-Roof -Fence 10 years 20 years-Shed -Garage 20 years 15 years-Driveway, years-Sidewalks Smoke Alarms & Carbon Monoxide Alarms 2014 5 years Other(s' Implementing the following best practices may assist in the management of your property.M cking the below,es beio, you agree w: 1. Check in with tenants every 30 days. FTI 2. Drive by property to check for violations twice a month. Page 2 Type IV Mitigation Plan Rev 11-1-11 LU 3. Evict tenants in violation of the lease and all addenduins.R 4. Provide lawn/snow service. S. Provide garbage service. 6. Install security system.I ] 7. Provide maintenance service plan for appliances. Name of service co.: [[Lii 8, 1 am and will remain current on payment of utility fees, taxes, assessments, fines, penalties and other financial claims due to the City. IL__J 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 jQth 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 verity that all information provided above is true and accurate. I understand that if! do not comply with an approved Mitigation Plan, comply with all applicable ordinances within the license period, or operate beyond the license expiration date; enforcement actions such as citations formal complaint or license review may result f'L. ( 4 Owner or Agent and Title (F! Owner Date r Additional Owner or Agent Name and Title (tf applicable) (P/ewe Print) Additional Owner or Agent Signature (fappllcable) Date For City Use-.Mitialion Plan Approved It>:XA& 0'rer Police Department / Title Page 3 Type IV Mitigation Plan Rev 1116-11 City Council Agenda Item No. lOf COUNCIL ITEM MEMORANDUM DATE: November 24, 2014 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 6913 Quail 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 6913 Quail Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family property. The previous rental license was a Type I Rental License. This property qualifies for a Type IV Rental License based on 10 property code violations found during the initial rental license inspection and zero validated police incidents/nuisance calls for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental 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: 06-20-2014 The Owner, Miles Mehaffey, applied for renewal of the rental dwelling license for 6913 Quail Ave N, a single family dwelling. 07-11-2014 An initial rental inspection was conducted. No one was at the property to provide access for the inspection. 07-17-2014 A second inspection was conducted. 10 property code violations were cited, see attached rental criteria. 08-15-2014 A third rental inspection was conducted and passed. A $100 reinspection fee was charged to the property. 08-25-2014 The $100 reinspection fee was paid. Mission: Ensuring an attractive, clean, safe, inclusive community that enhancesances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 08-31-2014 The previous rental license expired. 09-03-2014 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 10-01-2014 A Mitigation Plan was submitted. 10-27-2014 The Mitigation Plan was finalized. 11-14-2014 A letter was sent to the owner notifying that the hearing before the Council will be held November 24, 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. 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 Mission: Ensuring an attractive, clean, safe, inclusive COJinnuJilty that enhances the quality of life for al/people and preserves the public trust COUNCIL ITEM MEMORANDUM expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Hiss ion: Ensuring an attractive, clean, safe, inclusive conununity that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • 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 Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type 1-3 Year 1-2 units 0-1 Type II— 2 Year 1-2 units Greater than 1 but not more than 4 Type III 1 Year 1-2 units Greater than 4 but not more than 8 Type IV —6 Months 11-2 units Greater than 8 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 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a), License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the (Jilalit)' of ilfe for all people and preserves the public trust i]JJ[iH.fl iVDk'A U IDIY4 [I)11NflIJ'A.I 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories3-4 units Greater than 1 - 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: e Vibrant Neighborhoods Attachment - Mitigation Plan Mission: Ensuring an at/ructive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust I City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN $5430-2 -uv 0/0 77d ON n) Phone: 763-S69-3300 TTY 711 Fox: 763-569-3360 www.c,tyofbra ok!yncenter. org Rental License Mitigation a - Re al License Ilam/written plans will not be accepted. Please type or zisefihla Ia form on cWy website. Property Address 6913 Quail Ave N Owner Name: Miles Mehaffey Local Agent: Renters Warehouse Owner Address:Agent Address: 4836 Tuxedo Blvd, Mound, MN 55364 6101 Baker Rd, No 200, Minnetonka, MN 55345 Owner Phone: 612 916 1463 AgcntPhonc:9524708888 Owner Email: miles @ cave rsholdings.com Agent E 1fl 011 sstephens@renterswarehOUSe.cOm Rental License: n NewRenewal:LIM Current License ExpirationDate: August 1st, 2014 *pending Type IV License Exp. (Six months from CU??'eflt 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 *p e nding license period and avoid legal actions. Submit the following documents with the Mitigation Plan for approval: E 2T1 1, Crime Free Housing Program Training Certificate (if completed, if not completed, please include scheduled date in Section C. 2.Copy of Lease including Minnesota Crime Free Housing Lease Addendum 3, Submit written report by 10th of each month (after license approval). I 1. Use written lease including Crime Free Housing Lease Addendum. [7] 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 j ] 4. Attend City approved eight hour Crime Free Housing course. Date Course Completed: August 261h 2010 or Date Course Scheduled: Phase HL_J Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. Date Scheduled: October 3rd, 2014 11:00 AM Improvements to be completed by: October 17th, 2014 Phase III [I II will attend a minimum of 50% of the ARM meetings (two). I will attend the ARM meetings scheduled for: Novombor 13, 2014 & Jenuary 2015 Do these two meeting dates occur before the *Pending Type IV License expiration date? Yes 0 No (*See Section A) if no, you will only be able to qualify for a Type 1V Rental License upon renewal. ['71 I will have no repeat code violations previously documented within the past year. For properties with four or more units: L_i_ I will conduct resident training annually that includes crime prevention techniques.1 1 I will hold regular resident meetings. 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- Relatively New November 2008 2018 Water Heater- New SyUlern September 2014 2021 Kitchen Appliances- N32 AptIl 2014 2019 Laundry Appliances- Not suppled with rental N/A N/A Exterior April 2014 2019-Paint/Siding, fascia, trim Excellont Cnd1on 2007 2017-\Vindows Excellent COfl(5tGn Unknown 2019..RfEolkt -Fence Excellent cention Unknown 2019 -Shed Won on the pmperty GarageE1ent condtlon Electrical and Opener recently serviced -Driveway Excellent condition -Sidewalks NIA . N/A N/A *.As required With new construction 2019 N/A N/A Smoke Alarms & Carbon Monoxide Alarms August 2014 2019 Implementing the following best practices may assist in the management of your property. By checking the boxes below, you agree to;F1 1. Cheek in with tenants every 30 days.M 2.1 2. Drive by property to check for violations twice a month.. Page 2 Type IV Mitigation Plan Rev 11-1611 ETI 3. Evict tenants in violation of the lease and all addendums.M 4. Provide lawn/snow service.L/ 5. Provide garbage service. [E71 6 Install security system. 7. Provide maintenance service plan for appliances. Name of service co I LLJI 8. 1 am and will remain current on payment of utility fees, taxes, assessments, tines, penalties and other financial claims due to the City.F-1 9 .9. Other(s): Please read thoroughly: If the Type IV Rental License is approved by the City Council, the Licensee must comply with the approved Mitigation Plan and all applicable city codes. No later than the 10 " 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 verily that all information provided above is true and accurate. I understand that if! do not comply with an approved Mitigation Plan, comply with all applicable ordinances within the license period, or operate beyond the license expiration date; enforcement actions such as citations, formal complaint or license review may result. Miles Mehaffey Owner Or Agent Name and Title (Please Print) Owner or Agent Siiaiurè Date Additional Owner or Agent Name and Title (fapplicable) (Please Print) Additional Owner or Agent Signature fapplicabk) Date For City Use—Mitigation Plan Approved By: ,4^4J1&Q eflr' _ Police Department! Title Dater'o 'ff"T^th/ u 1( fijii/ty din mmunity Standards Department IT tie Date Page 3 Type IV Mitigation Plan Rev 1146-11 City Council Agenda Item No. lOg COUNCIL ITEM MEMORANDUM DATE: November 24, 2014 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk ^6w ymAilk SUBJECT: Type IV 6-Month Provisional Rental License for 5540 Knox 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 5540 Knox 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 (15) and validated police nuisance incidents (zero). Therefore, according to City Ordinance, based on the number of property code violations the license category remains a Type IV Rental License. The property owner received a Type IV Rental License on April 14, 2014 on condition of adherence to the Mitigation Plan and City Ordinances and meets all the condition of the Mitigation Plan. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental License 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: 05-02-2014 The owner, Roberto Miguel Rodriguez, applied for renewal of the rental dwelling license for 5540 Knox Ave N, a single family dwelling. 05-22-2014 An initial rental inspection was conducted. 15 property code violations were cited, see attached rental criteria. 06-24-2014 A second inspection was conducted and passed. Mission: Ensuring an attractive, clean, safe, inclusive community th at enhances the quality of lie for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 07-09-2014 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 07-31-2014 The previous Type IV license expired. 09-19-2014 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. 09-29-2014 A Mitigation Plan was submitted. 10-27-2014 The Mitigation Plan was finalized. 11-14-2014 A letter was sent to the owner notifying that the hearing before the Council will be held November 24, 2014. Prior Type IV Rental License approval activities: 10-11-2013 The Owner, Roberto Miguel Rodriguez, applied for renewal of the rental dwelling license for 5540 Knox Ave N, a single family dwelling. 10-30-2013 An initial rental inspection was conducted. 15 property code violations were cited, see attached rental criteria. 12-04-2013 A second rental inspection was conducted and passed. 12-04-2013 City records indicate one validated police incident/nuisance calls occurred in the past twelve months. (Theft on 9-11-13) 01-31-2014 The previous rental license expired. 02-05-2014 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. 02-20-2014 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. 02-21-2014 A Mitigation Plan was submitted. 03-10-2014 The Mitigation Plan was finalized. 04-02-2014 A letter was sent to the owner notifying that the hearing before the Council will be held April 14, 2014. If approved, after six months, a new rental license is required. The license process will begin in approximately four months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people aiidpresen'es (lie public trust COUNCIL ITEM MEMORANDUM Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 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. 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 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category jNumber of Units Property Code Violations per Mission: Ensuring an attractive, clean, safe, inclusive community that enhances time quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM (Based on Property Inspected Unit Code Only) Type l-3 Year 1-2 units I 0-1 Type 11-2 Year 1-2 units Greater than 1 but not more than 4 Type III - 1 Year 1-2 units Greater than but not more than 8 Type IV - 6 Months 1-2 units I Greater than 8 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 51813.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 umts 0-0.25L--- 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 or more units Greater than 0.35 but not more than 0.50 --Decrease 2 1-2 -Greater than 3 Categories3-4 units -Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: Mission: Ensuring an attractive, clean, saft, inclusive community that enhances the quality of life for al/people and preserves the public trust COUNCIL ITEM MEMORANDUM o Vibrant Neighborhoods Attachment - Mitigation Plan - Resolution Approving a Type IV Rental License for 5540 Knox Ave N 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 5540 KNOX AVENUE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 5540 Knox Avenue N, was issued a Type IV Rental License on April 14, 2014; and WHEREAS, the property qualifies for a Type IV Rental License based on the number of property code violations (15) and validated police nuisance incidents (zero). 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 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 5540 Knox Avenue N, Brooklyn Center, MN. ovember 24.2014 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. I City of Brooklyn Center Phone: 763-569-3300 TTY 711 6301 Shingle Creek Parkway Fax: 763-569-3360 Brooklyn Center, MN 55430-2199 www.cityofbroohiynceflter.Org ar Rental License Mitigation Plan--Type IV Rental License Handwritten plans will not be accepted. Please tipe or usefihlableform on City website. Based on property conditions and/or validated police nuisance incidents, the above referenced property qualifies for a Type IV Rental License. Before your license application can be considered by the City Council, a Mitigation Plan must be completed and reviewed by City staff A fully completed Mitigation Plan must be submitted immediately to ensure timely completion of the license application process. The Mitigation Plan should indicate the steps being taken to correct identified violations and the measures that will be taken to ensure ongoing compliance with City Ordinances and applicable Codes. The Mitigation Plan provides an opportunity to review property concerns and identify possible solutions to improve the overall conditions and management of the property. NOTICE: Time is Running Out--You must TAKE ACTION NOW in order to meet all the city ordinance and Mitigation Plan requirements within this *p ending license period and avoid legal actions. on Submit the following documents with the Mitigation Plan for approval: LJ 1. Crime Free Housing Program Training Certificate (if completed, if not completed, please include scheduled date in Section C.[71 2 Copy of Lease including Minnesota Crime Free Housing Lease Addendum 3. Submit written report by lO of each month (after license approval). Section c- cnine Fie EosngPigian1ReQm1ernfltS Phase I 1. Use written lease including Crime Free Housing Lease Addendum. LZ] 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 p r J4. Attend City approved eight hour Crime Free Housing course. Date Course Completed: My 12th 2011 or Date Course Scheduled: i'hseJI LJ Complete Security Assessment and Implement all security improvements recommended by the Brooklyn Center Police Department. .._. Date Scheduled: V f / lb improvements to be completed by: ,Completed Phase IU 17111 will attend a minimum of $0% of the ARM meetings (two). I will attend the ARM meetings scheduled for: Afldo rn 10th 2014 & W it end Ncnbit' 15th Do these two meeting dates occur before the *Pending ,e IVLkense expiration date? X Yes (*See Section 4) if no, you will only be pble to qualify for a Type IV Rental License upon renewaL L U 1 wlll have no repeat code violations pràviously documented within the past year. For pwperiies with four or more un1y:L__1 I will conduct resident training annually that includes crime prevention techniques. F Ii will hold regular resident meetings. Based on condition and age, estimated replacement dates are provided for common capital Items. Fundmg should be considered accordingly. However, Items broken, worn or otherwise in violation prior to the estimated replacement date will require earlier corrections. ,,Date Estimated Replacement Date Furnace/AC- Gas Forced Air In good worldng order UAW-own 2020 Water Heater- On Ikmwat&heefetn 90 dwthlthlg Odef Untho 2020 Kitchen Appliances- V V V M 2D17 Laundry Appliances-2008 -2017 Exterior V V UnnQWn 2020-Paint/Siding, fscla, trim. 2028V VWindowsMdRe 2013 VV 2038-Roof V 2038-Vence •VVVV,V:VV -Shed V -Garage V _V -Driveway V V V -Sidewalks Un$a V 2015 - V Unknown 2020 Smoke Alarms & Carbon Monoxide Alarms i013 VV 2015 _enWdow4 - Implementing the following best practices may assist in the management of your property. AP checking the boxes below, you agree to: ___ Check in with tenants every 30 days. 2. Drive by property to check for violations twice a month. Page 2 Type IV Mitigation Plan Rev 11-16-11 V I7TI] 3. Evict tenants in violation of the lease and all addendums. 4, Provide law Wsnow service. 5. Provide garbage service. IEJ 6. Install security system. [] 7. Provide maintenance service plan for appliances. Name of service E1IZJJ 8. 1 am and will remain current on payment of utility fees, taxes, assesstneat3, fines, penalties and other financial claims due to the city. 9. Other(s): Please read thoroughly: If the Type W Rental Licenap Is approved by the City council, the Licensee must comply with The approved Mitigation Plan and all applicable city codes. No later than the 1Qth 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. My Lam Owner or Agent Name and Title (Please Print) My Lam 9/20/2014 Owner or Agent Signature - Date Alex Delendik Additional Owner or Agent N and Title appJIcable) (Please Print) 09/20/2014 Additional Owner or Agent Signature (Ifapplicable) Date for City Use—Mitigation Plan Approved By: ,Ic/ CF Date ii- i i unitvatnndardsDcoaxlment/Title Dat Page 3 Type iv Mitigation Plan Rev 11-16-11 AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION November 24, 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 Planning Commission Requesting City Council to Initiate and Direct City Staff to Prepare a Possible Text Amendment to Chapter 35 - ZONING, Section 35-330, by Allowing Outdoor Storage and Outdoor Display Areas in the I-i INDUSTRIAL PARK District. —The Planning Commission gave unanimous consensus and support of a proposed text change at the November 13, 2014, meeting. 2. Earle Brown Lanes 2015 Liquor License Application PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1.Consideration of Modifying Setback Requirements for Front Porches 2.Sister City Voinjama Visit Update 3. Highway 252 Open House 4.Paperless Packets Report 5.Planning for Annual Retreat 6. Frozen Water Services - December 8 Parking Lot Issues Joint Meeting with Charter Commission Work Sessi©n Agenda Item No. I k'A I MhYA (I) I !&'LI) 1 C4i *LiOAl DATE: November 24, 2014 TO: Curt Boganey, City Manager FROM: Tim. Benetti, Planning and Zoning Speciaiist( THROUGH: Gary Eitel, Director of Business and Development SUBJECT: Discussion on Amending Chapter 35— Zoning Code Sect. 35-330, I-i Industrial Park District as it relates to Outdoor Storage and Outdoor Display Areas in the Industrial Zones Recommendation: It is recommended the City Council provide direction to city staff regarding the allowance of "Outdoor Storage" and/or "Outdoor Display and Sales Areas" for properties located in the I-i Industrial Park district. Background: Outdoor storage for commercial and industrial uses are somewhat limited in the City. For the Service/Office and Commercial districts, the special requirement sections are noted below: Section 35-411. SPECIAL REQUIREMENTS IN Cl AND CiA DISTRICTS. 1. All storage, display, service, repair or processing shall be conducted wholly within an enclosed building. Semi-trailers may not be used for the out of door storage of materials, equipment, merchandise, inventory, etc. Section 35-412. SPECIAL REQUIREMENTS IN C2 DISTRICTS. All storage, display, service, repair or processing shall be conducted wholly within an enclosed building or behind an opaque fence or wall not less than six feet high, or high enough to completely screen the storage or other activity from view of the abutting property at ground level. Semi-trailers may not be used for the out of door storage of materials, equipment, merchandise, inventory, etc. The outdoor storage of merchandise during business hours on a private pedestrian walkway located contiguous to the primary building is not prohibited by this section. This requirement shall not apply to the out of door storage and display of new and used motor vehicles or marine craft for which a special use permit has been issued. Neither shall the requirement apply to the out of door retail sale of food at drive-in eating establishments for which a special use permit has been issued. Temporary outdoor storage and display of merchandise may be allowed by permit pursuant to Section 35-800 of this ordinance. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust MEMORANDUM - COUNCIL WORK SESSION In the Industrial districts, outdoor storage is noted under Sect. 35-413, as follows: Section 35-413. SPECIAL REQUIREMENTS IN I-i AND 1-2 DISTRICTS. 9. Outdoor Storage and Activity In the industrial park district (I-i) all production, storage, servicing, or merchandising, except off-street parking and off-street loading shall be conducted within completely enclosed buildings. Semi-trailers may not be used for the outdoor storage of materials, equipment, merchandise, inventory, etc. Fuel storage or storage of materials associated with a noncommercial use required for the public welfare which is not located within a completely enclosed building or buried below grade shall be completely screened from view utilizing earth or opaque structural materials. Said screening device shall be appropriately landscaped and shall be esthetically compatible with other structures and landscaping on the site. Detailed plans for said screening shall be submitted to and approved by the City COuncil. Under the 1-2 (General Industry) District, outdoor storage is permitted. Approximately 6 weeks ago, planning staff was contacted by a property management firm representing the Steiner Building property owners, located at 6840 Shingle Creek Parkway. A landscaping, patio/deck and pool installation company from Brooklyn Park was interested in relocating to the city, but needed outdoor storage areas to keep landscaping and building materials outside, along with a small "patio" sales display space for its customers. Staff response at that time was outdoor storage is not allowed in the I-i Zone; and the management company followed-up by asking how to go about changing this rule or zoning standard. (Note: Staff can attest to a number of potential businesses or tenants that have had to pass on this industrial park area due to limitations placed on outdoor storage). Shortly thereafter, planning staff met with City Manager Boganey to discuss the company's options, and staff decided to ask the Planning Commission if they had any thoughts or comments on the subject matter. At the October 16, 2014 Planning Commission meeting, planning staff introduced this matter under Discussion Items, and after brief discussion and sharing of ideas, the Commission directed staff to research other metro cities and bring back comparative information for further review and study. At the November 13, 2014 Planning Commission meeting, staff presented a handout of information from 19 other metro communities, along with a comparative matrix related to outdoor storage or display areas in these cities, with focus on the industrial zones or sectors. Attached for the City Council's consideration is the same comparative matrix along with the supporting documentation that provides expanded definitions and allowances in similar industrial zones for these cities. This matrix is meant to provide a brief overview of these cities; while the attached copies contain the detailed languages and text materials exported from each individual cities zoning ordinances. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for ahlpeople and preserves the public trust bYdak7A (IM11I IIBJhYA ES1IJ[IJ I !AII) i aifg (IIXI Please note some cities allow outdoor storage as permitted/accessory use; while others require a conditional use permit (Brooklyn Center would utilize the special use permit process). The Planning Commission was surprised to learn that we do not allow outdoor storage in the I-i District, and felt that in order for the City of Brooklyn Center to be competitive and welcoming to prospective businesses; and sustain or help promote our current industrial uses in this area, the City needed to explore the possibility of allowing outdoor storage in this industrial area. The Planning Commission felt it prudent to follow-suit with other cities in allowing outdoor storage or areas as a special use permit; and that some form of fencing or screening measures should be required. The unanimous consensus of the Planning Commission was to support staffs efforts in revising (amending) the Zoning Code as it relates to outdoor storage areas in the I-i Zone, and forward this recommendation on to the City Council. Excerpt minutes from the November 13, 2014 Planning Commission meeting are attached for Council review and consideration. Policy Issue: Does the City Council wish to consider an amendment to Chapter 35- Section 35-330 Industrial Park District to allow or permit outdoor storage and/or outdoor sales display area in the Industrial Park District, with certain conditions or allowances made by means of a special use permit process? Strategic Priorities: Community Image Mission: Ensuring an attractive, clean, safe, inclusive community that en/lances the quality of life for al/people and preserves the public trust EXCERPTS MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION November 13, 2014 DISCUSSION ITEMS a) Outdoor Storage and Display Areas in the I-i Industrial Park District First presentation and discussion of research information of other metro-cities zoning ordinance/standards addressing Outdoor Storage and Display Areas in industrial zones. Benetti explained that this item was being brought informally before the Commission as part of an earlier directive by the Planning Commission in researching and gathering information from other communities related to outdoor storage in industrial zones. Benetti provided the Commission with a large handout illustrating a comparative matrix of other metro and outside communities zoning ordinance standards relating to outdoor storage and outdoor sales/display areas. Benetti stated that in almost half the researched cities, outdoor storage is permitted by conditional use permit, while others allow this activity as a permitted use or permitted accessory use. Benetti emphasized however, that in most or all cases, these outdoor storage areas are regulated by specific site standards, especially some type of screening measures. Chair Burfeind stated he was unaware that the City precluded outdoor storage in the industrial park district, and felt it was prudent or warranted to allow some type of accessory storage or outdoor storage areas for these users, provided adequate screening or fencing was in place. Mr. Burfeind further stated this activity appears to be allowed in a lot of other cities, and we should not be so exclusive as to not allow this use, especially in the industrial areas of the city. Commissioner Christensen agreed with Chair Burfeind, and asked what type or style of fencing or screening would be allowed. Benetti clarified that although we do not allow outdoor storage in this I-i District, the city does allow for outdoor storage in the 1-2 General Industry District (located generally on the south end of the community). Benetti continued by stating it would seem best to require a solid, opaque type screening, which could be done by wooden or vinyl solid fencing, concrete wall or block panels, or other styles. The Commission could also consider regular chain-linked fencing with plastic slat inserts as an effective screen. In some cities, they require a combination of fencing and landscaping - even berms as part of the screening measures. The height or style of the fence/screen may be determined by the need to provide extra security for any materials stored inside. Commissioner Christensen and Burfeind asked if the City would consider allowing barbed-wire security style fencing on top of a fence, or concertina (razor) wire, etc. for security measures. Benetti stated this style of fencing should not be encouraged or allowed, as it looks too "institutional" and very unattractive. Commissioner Freedman asked if we could leave this screening option open —ended or vague enough that would require the applicant or user applying for a special use permit to bring in their fence or screened in area design, and then the Planning Commission can decide what is good or bad screening. PC Minutes - 11-13-14 Page 6 of 9 EXCERPTS MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION November 13, 2014 Commissioner Schonning asked what height of fencing or screen we anticipate to be used. Benetti stated that would depend on the standards that are created, or in some cities, it limits the fence height to 6 feet, 8-feet and in some cases 10-feet in height. Benetti stated this fence or screening height should also be the limits of how high or height of items to be stored or stacked inside the outdoor area. Benetti stated that the Commission could leave this standard vague enough that any user would need to present it to them under a special use permit process, and have it approved at that time. Benetti stated it would be a lot easier to have those standards all in place or noted in the City Zoning Code, so that any use or user would know what to expect or how to submit any design plans and specifications that meet City Code. The Commission then began to ask what height or how much of an area can be screened or used. Benetti stated that would be up to the Commission to decide. As noted in the matrix, some cities limit the amount of outdoor area based on the size of the lot or the size of the building. Benetti further stated that it will be crucial that any business seeking outdoor storage areas will need to ensure that all required parking will be met or maintained (if the outdoor area is removing or taking place in a parking lot area). Business and Development Dir. Eitel commented that we should make sure these outdoor storage areas are limited to the storage of raw materials or processed materials used or made on the site; and any area should never be used or allowed for the outdoor storage of machinery and equipment - such as a contractors yard, or worse yet any junked or inoperable vehicles (i.e. tow yard, junk yard, auto parts supply). Benetti asked if it was the consensus of this Commission tonight that they favor or would support planning staff in presenting this information to the City Council for study or further consideration. It was evident by show of hands that all Commissioners present that night were in favor of proceeding with some sort of text amendment request, and directed Planning Staff to present this information and their favorable comments to the City Council for possible follow-up action. Benetti stated this information and minutes of this meeting will be conveyed to the City Manager, in which he may decide placing this item on a future City Council study or work- session agenda. Should the City Council agree with or accepts the Planning Commission's request to proceed, then a directive from the City Council to Planning Staff in preparing a new Zoning Code text amendment would be needed. Planning Staff will then present this item back to the Planning Commission as an official planning action. More information or updates on this matter will be made at the next regular Planning Commission meeting. PC Minutes - 11-13-14 Page 7 of 9 U, uj LU LLI LLJ cc H0 a)U,(U - U) 00 0 00 0 =0 (U r.4 00 LU a)'cc o o a)a)C.) 0 0 0 Ca)N 9- LU - a)Lo UIIL) —S LU LU C>U LU>LU >' bto LU LU >' LU>> Z :2 °9—> 'C - -4- 4- 4-'C 0. a)2U0. 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C/LU , C c/UJ —(/)LU (I) boLU C LnLU (1)LU U)LU 1/)LU U)LU >CO >O>O >>>>>-> z C0 CCo LULU .!-ac LL 1/)5 4D00)ci)(90)C 5 C CL 0 0 -CL0 c ci)-W2ci)U—0 ci)CO0 bO 00C U >0J —CO E-E 0)CCO ci)ci)(1)ci)0Z Jci)u 0 oc U)U '-2 ___ U)0C ci) C 0-o .C')a r- CO - C')CLU-J .-.—.-S.-.0-=.5-cii :2 ..z z u Z O Z ZZC')04j too o U).5 I--cu 5C-o 0)0- U to U)-ci)C C ci)CCO U 0NJ LU co coN)(I)ci) U) 0 — (D 'i>-U)). C C 0-Ni t-, E .- ::::. — .!0-W o 0 0 (l)CO u C .2 41 ciw I.-'nU)U)"C ••C .5 -co C')5 ci)CJ 0-ci)U C 0-0-ci)-Do•—CbbW —C U<u U<00 ° Sco uu cijC --o U4 (90g(1)U U CC -I—DC0)5 5 'ai'.I 0)4-' CO4- U ci)0oEci)0)0-U CO 5 5 CU Cci) 0-.25 ai 0- 0-E CL 0- ui 0 LUW-i (9 > 0- LU I—LU 0 LU 11—LUoLULU.J -._ —J 0-<I:LU >co 0 0—J LU 0 CL VC I—=Ln BLOOMINGTON SEC. 19.33. INDUSTRIAL (I-i, 1-2, and 1-3) DISTRICTS. (d) Conditional uses - (5)Open storage as primary use (except in I-i Industrial Park District, but not including junk yards or junk car disposal businesses). (f) Special Industrial Park (I-i) District requirements - (6)Outside storage shall be limited to an area not larger than fifty percent of the ground coverage of the principal building and shall be located to the rear or side not abutting a public street. Screening Standards. (1) Perimeter screening designed to buffer incompatible uses is required: (A)along any off street parking area containing over six parking spaces that lies within 30 feet of an abutting site that is residentially used and either residentially zoned or guided; (B)along, any driveway to an off street parking area containing over six parking spaces when the driveway is within 15 feet of an abutting site that is residentially used and either residentially zoned or guided; (C)on industrial sites, along any property line that directly abuts a site that is residentially used and either residentially zoned or guided and along any side or rear property line that faces across a street a site that is residentially used and either residentially zoned or guided; (D)around outdoor merchandise, materials and equipment stored, kept or displayed with the following exceptions: i.in the General Industry (1-3) Zoning District, no perimeter screening is required around outdoor merchandise, materials and equipment except when required through a condition of approval or abutting or across the street from a site that is residentially used and either residentially zoned or guided; ii.in the Limited Industry (1-2) Zoning District, no perimeter screening is required around outdoor merchandise, materials and equipment when open storage has been approved as a principal use except when required through a condition of approval or abutting or across the street from a site that is residentially used and either residentially zoned or guided; iii.no perimeter screening is required around materials and equipment being used for construction occurring on the site; iv.no perimeter screening is required around merchandise displayed for sale on service station pump islands; V. no perimeter screening is required around merchandise displayed for sale when otherwise allowed by the City Code and located in an area approved for such use on the site plan. (E) where required by the City Council through a condition of approval. (2) Perimeter screening standards. (A)Perimeter screening must be a minimum of five feet in height above grade. (B)Perimeter screening (see Figure 19.52 (a)) must consist of: L an architecturally compatible opaque wall or opaque fence; ii. a berm; iii.two staggered rows of evergreen trees with trees in each row spaced at a maximum of 12 feet; or iv.a combination of the above. BROOKLYN PARK Conditional Use (H) Outdoor sales and display. (1)The designated area must be identified on the site plan. (2)The designated area cannot block sidewalks. (3) The designated area must not encroach into setbacks. (I) Outdoor storage. Outdoor storage of materials, equipment, and products accessory and necessary to the principal use must obtain a Conditional Use Permit and comply with the following: (1)The items in the area designated for outdoor storage must be completely screened from view from adjacent public rights-of-way or adjacent properties. (2)The area must not be used for the storage of junk vehicles, trash, debris, or other nuisance items as defined elsewhere in the City Code. (3)The area designated for storage must be clearly defined by fencing, striping, paving, or other means. Any storage outside of the designated area shall be a violation of the Conditional Use Permit. (4)Outdoor storage is not permitted in the Highway Overlay (HO) District. (5)Height of materials, vehicles, or equipment in outdoor storage area shall not exceed the height of the principal structure. (6)The following performance standards apply to outside storage: BURNSVILLE G) Outdoor Storage: Outdoor storage of materials or products may be authorized by conditional use permit. (Ord. 1196, 4-6-2010) 10-23-3: OUTDOOR ACCESSORY MERCHANDISE DISPLAY BY CONDITIONAL USE PERMlT: In I-i and 1-2 districts, no outdoor merchandise display shall be allowed except by conditional use permit when such outdoor display is specifically intended to be accessory to the primary use(s) of the premises. A conditional use permit may be issued for accessory outdoor merchandise display in I-i and 1-2 districts, provided the following standards are considered and satisfactorily met on a continuous basis: (Ord. 1132, 8-19-2008; amd. Ord. 1322, 6-3-2014) (A) The outdoor merchandise display area shall be limited to one surface area per building. The display area shall be limited in size to fifteen percent (15%) of the gross floor area of the principal structure. The maximum dimension of a display area shall be thirty feet (30'), and in no case shall the larger dimension of the display area be more than two (2) times the lesser dimension. In no case shall the outdoor merchandise display area exceed a total of six hundred (600) square feet per site. For the purpose of these standards, the term "site' shall be defined as a lot or group of lots contained within a unified development project. (B)The outdoor display area shall be clearly identified upon an approved site plan for the property. The display area shall meet the required side and rear yard setbacks for the district in which it is located, and shall be set back no less than ten feet (10') from the front property line. No outdoor display activities shall occur in a traffic visibility triangle as provided for by section 10-7-6 of this title. The display area surface may be elevated up to three feet (3') above the adjacent ground surface. The appropriate height of the display area shall be determined by considering the size of the item(s) to be displayed, the proportion of the display area to the building, and the location of the display area on the site. (C)No displayed merchandise shall exceed a maximum height of twelve feet (12') above the display surface. (Ord. 421, 8-19-1991; amd. Ord. 1322, 6-3-2014) (D)Outdoor display areas, when located adjacent to and/or across the street from residential uses, shall be one hundred percent (100%) screened pursuant to section 10-7-18 of this title. (Ord. 1316, 4-8- 2014; amd. Ord. 1322, 6-3-2014) (E)No additional lighting shall be installed to illuminate the display area. (F)The display area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. The display area shall be architecturally compatible with the principal structure of the site through the use of similar building materials or fencing around the perimeter of the display area. The display area shall be enhanced with appropriate, year round landscaping. (G)The display area shall not take up required parking spaces or landscaping areas. No outdoor display shall be permitted upon a sidewalk. (H)The square footage of outdoor display areas shall be included in the calculation of required off street parking for the principal use of the property. (I)All display of merchandise shall occur in a neat and orderly fashion without signage. The display of wearing apparel, highly flammable materials, and merchandise with wind movable parts and appendages shall be prohibited. (J)Any power equipment and vehicles that are displayed shall be disabled to prevent them from being started and operated while they are on display. (K)The provisions of section 10-5-5 of this title shall be considered and satisfactorily met. (Ord. 421, 8- 19-1991; amd. Ord. 1322, 6-3-2014) (L) Warehouse, wholesale showroom and multi-tenant warehouse facilities shall be subject to the requirements of section 10-7-44 of this title. (Ord. 1316, 4-8-2014; amd. Ord. 1322, 6-3-2014) (M)Open storage lots shall be subject to the requirements of section 10-7-45 of this title. (N) Open sales/rental lots shall be subject to the requirements of section 10-7-46 of this title. (Ord. 1132, 8-19-2008; amd. Ord. 1322, 6-3-2014) CRYSTAL Commercial Zones Conditional Use g) Open or outdoor service, sale, display or rental as an accessory use and including sales in or from motorized vehicles, trailers or wagons provided that: 1)The service, sale, display or rental area is hard surfaced and clearly designated on the site as being limited to the specific, approved area. 2)The service, sale, display or rental area does not exceed 30% of the gross floor area of the principal use, 20% of the area of the property, or 1,000 square feet. 3)The items to be placed outdoors are typically found outdoors and are constructed of materials appropriate for outdoor weather conditions. 4)The city council finds that there will be adequate screening and buffering between the establishment and adjacent uses. 5) The city council determines that all applicable requirements of subsection 515.05, subdivision 3a) and section 520 are considered and satisfactorily met. Industrial Zone Conditional Use d) Open and outdoor storage as an accessory use provided that: 1)The storage area is hard surfaced and clearly designated on the site as being limited to the specific, approved area. 2)The storage area does not exceed 60% of the gross floor area of the principal use, 40% of the area of the property, or 20,000 square feet. 3)The items to be stored outdoors are typically found outdoors and are constructed of materials appropriate for outdoor weather conditions. 4)The city council finds that there will be adequate screening and buffering between the establishment and adjacent uses. 5) The city council determines that all applicable requirements of subsection 515.05, subdivision 3 a) and section 520 are considered and satisfactorily met. COON RAPIDS . 11-801.4 Open Storage Areas. Open storage areas must be located to the rear of the principal building and are permitted only when accessory to an allowed principal use. Open storage areas must be screened by walls, fences, landscaping, or combination thereof, in conformance with Subsection 11-1204.6(1), so as to conceal these areas from surrounding land uses and from adjoining public streets. 0 11-1205.3 All Districts. (1) Exterior storage of goods or materials which are not prohibited under Chapter 8-1000 must be screened. If such permitted storage is not screened, it will be considered a public nuisance. . 11-1205.6 Screening Materials and Maintenance. (1) Requirements. The screening requirements of subsections 11-1205.1 through 11- 1205.5 must be satisfied by the use of one or more of the following: (a) Screening Fence. A screening fence or wall at least six feet in height, or of sufficient height to completely block the view of items within the screening fence enclosure from surrounding properties, with a minimum opaqueness of 80 percent. The fence must be constructed of wood, masonry or other durable material and must be compatible with the principal building and surrounding properties. Screening fences must be painted or stained, whenever necessary, to prevent fading, chipping or discoloration. Damaged or destroyed fences must be repaired or restored. COTTAGE GROVE 11-11-3: PERMITTED ACCESSORY USES: 5. Outside, aboveground storage facilities for gaseous, nonliquid fuels used for heating purposes, or for purposes incidental to the approved principal uses and not for sale. Performance Standards Enumerated: No structure or premises within any industrial district shall be used for one or more of the following uses unless its use complies with the following regulations: a. Outdoor Storage Within The I-i, 1-2, And 1-3 Districts: All business, service, storage, merchandise, display, repair, waste disposal, and processing must be conducted wholly within a building, except for off street vehicular parking, and off street loading and uses specifically listed as including outdoor storage. Within the 1-5 district, outdoor storage is allowed, with a conditional use permit, when the following standards are met: (1) All outdoor storage areas must be completely screened from all public streets and adjacent properties not in the 1-5 district. Such screening must include a combination of earth berms and landscaping. Fences and walls will be considered as screening devices only when the city finds that berming and landscaping are not practical. (2) All lighting of open storage areas must comply with the provisions of section 11-6-8, "Glare", of this title. (Ord. 782, 12-21-2005 EDEN PRAIRIE Outside Storage and Displays. 1)In all Districts except I-General, all raw materials, supplies, finished or semi-finished products and equipment shall be stored within a completely enclosed building; provided, however, that motor vehicles necessary to the operation of the principal use and of not more than three-quarter ton capacity may be stored or parked within the permitted parking lot areas. In 1-Gen Districts, outside storage is permitted provided it is screened in accordance with this Section. 2) (b) Permanent outdoor display area. Merchandise or equipment may be displayed and offered for sale, rental or lease within, but outside the confines of that part of the completely enclosed building, of which it is a part ("permanent outdoor display area") for a combined time period of sixty (60) days or greater of a calendar year provided: (1)The building of which the permanent outdoor display area is a part does not exceed the base area ratio or floor area ratio permitted in the Commercial District. (2)Material or equipment must be screened from public roads and adjacent land uses with a wall of the building. (3) The permanent outdoor display area may not encompass an area greater than six percent (6%) of the base area of the completely enclosed building. FARI BAU LT Outdoor sales display area. (1)The sales display area shall be located no closer than twenty (20) feet from any residential district boundary or residential use. (2)[Reserved.] (3)All goods and materials stored shall be located on a paved surface. (4)The sales display area shall be maintained in an orderly fashion, with all display items consisting solely of products sold or distributed within the principal structure by the occupant thereof. (5) The outdoor sales display area shall not reduce the amount of parking provided at the site, as required in Chapter 8, Off-Street Parking and Loading. Outdoor storage area. (1)Outdoor storage areas shall be' placed to the rear or side of the principal structure and shall meet the setback requirements established within the individual zoning districts. (2)The storage area shall be fenced around its perimeter with a minimum six (6) foot chain link fence and shall be screened in compliance with the provisions of Chapter 4, Site Plan Review. (3)All goods and materials stored shall be located on a paved or gravel surface. (4)The outdoor storage area shall be maintained in an orderly fashion. (5)The height of materials stored, excluding operable vehicles and equipment, shall not exceed the height of the perimeter fence, with the exception that the height of materials may be increased to two (2) times the fence height when the stored material meets building setback requirements. (6)The outdoor storage area shall not reduce the amount of parking provided at the site, as required in Chapter 8, Off-Street Parking and Loading. FRIDLEY Business and Industrial Districts. o Screening. All exterior storage in the business and industrial districts shall be screened from public view, except materials and equipment currently being used for on-site construction. GOLDEN VALLEY CUP for Building Materials yard (including inside and outside storage). IN the Industrial Zoning District, no materials or equipment shalFbe stored outside, unless screened in such a manner as not to be visible from adjacent properties or streets. No storage shall be permitted within the required landscaped area. MAPLE GROVE Sec. 36-543. - Accessory uses. (b) Outdoor storage, as regulated by this chapter, shall be permitted as accessory to the principal use on the lot. Sec. 36-545. - Lot requirements and setbacks; building requirements; standards for specific uses. (3) Screening. Screening, as required insection 36-817, shall be provided as follows: a.A buffer yard as described in_36-817(g) shall separate all lots from adjoining residentially zoned property sharing a common lot line. b.Outdoor storage must be screened from all lot lines. C. Parking lots shall be screened from residentially zoned properties. d. Loading docks and garage entrances and exits shall be screened so as to minimize visibility from any public street and from any residentially zoned property. Sec. 36-817. - Screening. (a)Types of screening; applicability offence requirements. The fencing and screening required by this chapter shall be subject tosection 36-816 and shall consist of either a fence, greenbelt planting strip or earth berm. (b)General standards. (1)Screening shall be installed so as to provide a visual barrier. Any such barrier shall reduce visibility in a manner that restricts vision of the object being screened, but is not required to totally block the vision of any such object. (2)Screening shall consist of a compact evergreen or deciduous hedge and overstory and understory trees of sufficient width and density or an earth berm of sufficient height to provide an effective screen throughout the year. Overstory and understory trees are defined in 36- 831(c). a.At planting, hedge material must be at least three feet in height. b.Deciduous trees must be at least five feet in height and 234 inches in diameter as measured six inches above the ground. C. Coniferous trees must be at least five feet in height. d. Earth berms shall not have a slope of more than three feet horizontal to one foot vertical or be located within any street right-of-way unless otherwise approved by the city engineer. (3) A required screening fence shall be constructed of masonry, brick or wood. Such fence shall provide a solid screening effect and not exceed eight feet in height or be less than six feet in height. The design and materials used in constructing a required screening fence shall be subject to the approval of the city council. MAPLE WOOD Sec. 44-512. - Conditional uses. In a BC business commercial district, the following uses must have a conditional use permit: (1) The exterior storage, display, sale or distribution of goods or materials, but not including a junkyard, salvage automobile, or other wrecking yard. The city may require screening of such uses pursuant to the screening requirements of subsection (6)a of this section. Sec. 44-637. - Conditional uses. (b) No building or exterior use, except parking, may be erected, altered or conducted within 350 feet of a residential district without a conditional use permit. MINNETONKA I-i INDUSTRIAL DIST. 2. Permitted Uses. Within the I-i district no structure or land may be used except for a warehouse, storage, manufacturing, processing, office, wholesale or research use occurring within an enclosed building, except as provided for in subdivision 4. 3. Accessory Uses. b) overnight outside storage of vehicles, provided the vehicles are associated with the business and are screened from view from residential properties or public views; C) outside storage, including fuel storage, provided it is screened from general public view; NEW HOPE Sec. 4-20. - I, industrial district. (c) Permitted accessory uses. The following are permitted accessory uses in an I district: (8) Open outdoor storage. Open outdoor storage as a permitted accessory use provided: a.Accessory use. The open outdoor storage must be an accessory use, as defined by subsection 4-2(b) of this Code, to a permitted or conditional principal use on the site. b.Maximum space. The open outdoor storage area may not exceed 20 percent of the gross floor area of principal structure. C. Setbacks. The open outdoor storage area shall not be located within any front yard or side yard abutting a public right-of-way. Open outdoor storage shall be set back five feet from all side and rear lot lines and shall not be located within a utility or drainage easement. d.Surfacing. The open outdoor storage area shall be surfaced with concrete or bituminous. e.Fencing. A wire weave/chain link security fence shall be required around the open outdoor storage area in conformance with subsection4(d)(3)c of this Code. Open outdoor storage areas intended for the exclusive storage of semitrailers may be exempt from the required security fencing provided the storage area is delineated and the individual trailers are secured. f.screening/landscaping. The open outdoor storage area shall be screened and landscaped from adjacent residential uses and public rights-of-way in accordance with the provisions of subsection 4-3(d)(3) of this Code. g.Required space. The open outdoor storage area shall not utilize any required off-street parking, loading areas, or access space, as required by subsections 4-3(e) and 4-3(f) of this Code. h. Hazardous materials. The open outdoor storage area shall not be used for storage of hazardous liquids, solids, gases or wastes. This provision does not prohibit the property owner from obtaining an administrative permit for the outdoor storage of propane or LP gas per subsection 4-20(d)(5) of this Code. L Refuse and upkeep. The property owner shall keep the open outdoor storage areas free of refuse, trash, debris, weeds, and waste fill. PLYMOUTH SECTION 21560 - I-i, LIGHT INDUSTRIAL DISTRICT 21560.07. CONDITIONAL USES: Subd. 13. Outside storage as an accessory use when abutting any residentially zoned or used property other than vacant FRD property classified for non- residential use by the Land Use Guide Plan, provided that: (a)The storage area is blacktop or concrete surfaced unless specifically approved by the City Council. (b)The storage area does not take up parking space or loading space as required' for conformity to this Chapter. (c) All requirements of Section 21105.11 of this Chapter are met. 21105.11. OUTSIDE STORAGE/DISPLAY: Subd. 3. Commercial, Public/Institutional and Industrial Zoning Districts. (a)Outside Storage/Display. Exterior storage and display shall be governed by the respective zoning district in which such use is located. (b)Additional Standards. All exterior storage shall be located in the rear or side yard, shall be screened with materials of 90 percent or more opacity, and shall screen views from adjoining properties and public streets except for the following: (1)Merchandise being displayed for sale in accordance with zoning district requirements. (2)Materials and equipment currently being used for construction on the premises. (c) Parking of Commercial Vehicles and Commercial Trailers. Up to three commercial vehicles or commercial trailers (or a combination thereof totaling three) with a gross vehicle weight rating (GVWR) of 12,000 pounds or less may be parked on a lot within any yard area without screening, provided they relate to the principal use. Commercial vehicles or commercial trailers exceeding three with a gross vehicle weight rating (GVWR) of 12,000 pounds or less may be parked on a lot provided they relate to the principal use and are not parked within a front yard area unless the yard qualifies as an equivalent side or rear yard. Additionally, such parking shall be screened in compliance with Section 21130 of this Chapter if the yard where the parking would occur abuts, or is readily visible from, residential land use. Commercial vehicles or commercial trailers with a gross vehicle weight rating (GVWR) of over 12,000 pounds may be parked on a lot provided they relate to the principal use, are not parked within a front yard area unless the yard qualifies as an equivalent side or rear yard, and are screened in compliance with Section 21130 of this Chapter. in compliance with Section 21130 of this Chapter. ROBBINSDALE Conditional Use Permit Sect. 520.05, Subd. 4e) open or outdoor storage provided that: (2)the area is fenced and screened from view of neighboring residential uses or if abutting an R district in compliance with subsection 510.25, subdivision 2 of this code (3)storage is screened from view from the public right-of-way in compliance with subsection 510.25, subdivision 2 of this code; (4)storage area is grassed or surfaced to control dust; (5)all lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences and shall be in compliance with subsection 510.25, subdivision 2 of this code SHOREVIEW 205.050 Industrial District (I) (C) Conditional Uses. . outside storage areas (7) Storage. (a)All materials, supplies, finished or semi-finished products and equipment shall be stored within a completely enclosed building in the Industrial District unless a Conditional Use Permit for an outside storage area has been obtained. (b)Outdoor storage areas shall be screened to minimize the visual impact of the area in accordance with the following requirements: The screening materials shall consist of both deciduous and coniferous vegetation species, attractive low or no maintenance fencing with an opaquing material, landscaped berm, brick or masonry wall, or any combination of these items. Fencing and walls shall not exceed eight feet in height. All screening materials shall be maintained so that dust and other wind-blown materials that originate on the site remain on the site as far as practical. ii. All landscape materials shall comply with the minimum standards set forth in Section 206.010 (Landscape and Screening). The City Forester shall approve the species mix, height, and density of plantings on the basis of year-around screening needs. iii. (iii)The materials and equipment within outdoor storage facilities and truck terminals that are located adjacent to street or highway right- of-way shall be completely screened from view from the right-of- way. If a fence or wall is use for screening along a right-of-way or private road that serves more than one property, shrubbery and trees shall be planted to enhance the aesthetics of the fence as viewed from the roadway. iv. (iv)The materials and equipment within an outdoor storage area and truck terminals that are located adjacent to property that is not zoned for Industrial uses shall be completely screened from view from the adjoining non-industrial property. V. (v) Industrial uses requiring bulk exterior storage of hazardous materials will not be allowed on wet or very wet soils, very shallow soils or soils with very high or high permeability areas. vi. (vi)Trucks and/or trailers used to transport materials and supplies to and from the premises are permitted for a period not to exceed three (3) days. Trucks and/or trailers used for storage purposes are not permitted. ST. LOUIS PARK Sec. 36-243. I-P industrial park district. (e) Uses permitted by PUD. No structure or land in an I-P district shall be used for the following uses except by the PUD process. Provisions for the PUD and modifications to dimensional standards and densities are provided under section 36-367. (5) Outdoor storage with the following conditions: a.Where properties abut a railroad track, fencing shall not be required on the side of the storage yard which faces, or is adjacent to, the railroad track, unless the average grade of the railroad track is less than six feet higher than the average grade of the storage yard. b.Storage shall not be permitted within any required yards other than the rear yard. c.Storage areas shall be separated from the vehicular parking or circulation areas. This separation shall be clearly delimited by a physical separation such as a greenway, curb, fence, line of planters, or by a clearly marked paved area. If the means of demarcation is a marked paved area, such marked area shall be at least ten feet in width. d.Stored materials shall not interfere with traffic visibility standards in section 36- 76. e.Inoperative vehicles or equipment, or other items typically stored in a junkyard or salvage yard, shall not be stored on land on which storage is permitted by a conditional use permit issued under this section. f.All areas used for outdoor storage shall be maintained in a fashion which minimizes the generation of dust from the storage area and precludes the transport of sand, gravel, or other sediment to the public drainage system during stormwater runoff. Surface materials uses in outdoor storage areas may include, but are not limited to, concrete, asphalt, crushed rock and gravel. Sec. 36-244. I-G general industrial district. (c) Uses permitted with conditions. (Note: not a CUP) (11) Outdoor storage. The conditions areas follows: a)Where properties abut a railroad track, fencing shall not be required on the side of the storage yard which faces, or is adjacent to, the railroad track, unless the average grade of the railroad track is less than six feet higher than the average grade of the storage yard. b)Storage shall not be permitted within any required yards. C) Storage areas shall be separated from the vehicular parking and circulation areas. This separation shall be clearly delimited by a physical separation such as a greenway, curb, fence or line of planters, or by a clearly marked paved area. If the means of demarcation is a marked paved area, such marked area shall be at least ten feet in width. d)Stored materials shall not interfere with either on-site or off-site traffic visibility. e)Inoperative vehicles or equipment or other items typically stored in a junkyard or salvage yard shall not be stored on land on which storage is permitted with conditions under this section. f) All areas used for outdoor storage shall be paved. WHITE BEAR LAKE §1303.180 "B-W", BUSINESS/WAREHOUSING DISTRICT; §1303.190 "I-i", LIMITED INDUSTRY DISTRICT; and §1303.200 "1-2", GENERAL INDUSTRY DISTRICT Subd. 4. Conditional Uses. The following are conditional uses in a "B-W" District, which require a conditional use permit based upon procedures and provisions set forth in and regulated by Section 1301.050 of this Code. a) Open and outdoor storage as a principal or accessory use, provided that: 1)The area is fenced and screened from view of neighboring residential uses or if abutting a Residential District, in compliance with Section 1302.030, Subd. 7.a) of this Code. 2)Storage is screened from view from the public right-of-way in compliance with Section 1302.030, Subd. 7.a) of this Code. 3)Storage area is grassed or surfaced to control dust. 4)All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences and shall be in compliance with Section 1302.030, Subd. 9 of this Code. 5) The use does not take up parking space as required for conformity to this Code. Work Session Agenda Item No. 2 lYAIithA (I) 11I IIBJhYA EIi1IJ[SJ I &'LI]1 4b'J *i1 (IkI DATE: November 20, 2014 TO: City Council FROM: Curt Boganey, City Manage SUBJECT: AMF Earle Brown Lanes Recommendation: It is recommended that the City Council consider providing direction to staff regarding the request from AMF Earle Brown Lanes to renew its Class C, Intoxicating Liquor License for Calendar Year 2015. Background: In accordance with City Ordinance Chapter 11 Section 11-107 (4) AMF Bowling Center was issued a Class C Intoxicating Liquor License for the year 2014. In accordance with this section A Hotel or Restaurant that has 40% to 49% of its applicable revenue derived from the serving of food for consumption on the Premises and derives a considerable part of its revenue from sources other than liquor or food is eligible for a Class C license. AMF has submitted an application for license renewal. The applicant meets all conditions for a license except for the food to liquor sales ratio requirement. During the twelve month reporting period ending September 30, 2014 the liquor ratio for this establishment was 35%. The applicant has provided a letter and supporting data explaining why they believe the establishment was unable to meet the food to liquor ratio. In addition the applicant suggests that the Council might use a different interpretation of the ordinance (adding bowling and shoe rental sales as part of the food definition) which improves the food to liquor ratio. In 2010 AMF was in a similar circumstance having failed to meet the prior year 40% ratio. At the time following a work session the Council directed staff to schedule a hearing and to draft a resolution making a finding of facts and an order that authorized a conditional license. A copy of this action is included herewith. Subsequent to receiving the most recent letter the City Attorney has had further contact with the applicant representative. It is our understanding that the applicant will be at the work session and will provide additional information to help explain their position. Policy Issues: In discussing this matter with the City Attorney we believe there are several policy questions to consider: Mission: Ensuring an attractive, clean, safe, ii,clusive community that enhances the quality of life For al/people and preserves the public trust k'4 I Dk'A 0) 1I WJk'A tS]JJ[I !eYLI] 1 Ifb1 [ikI 1.Does the Council wish to deny the application based on failure to meet the food to beverage ratio? 2.Does the Council wish to consider a conditional license approval? 3.Does the Council wish to consider a penalties or sanctions for failure to meet the food to liquor ratio? 4.Does the Council wish to consider a revision in the interpretation for the definition of food 5. Does the Council wish to consider an amendment to the City Ordinance for Class C Liquor licenses related to bowling establishments. Mission: Ensiiiing on attractive, clean, safe, inclusive coinnuinhty that enhances the quality of life For all people and preserves the public trust MCGRANN SHEA CARNIVAL STRAUGHN & LAMB, CHARTERED ATTORNEYS AT LAW WILLIAM R. MCGRANN CARLA J. PEERSEN DOUGLAS M. CARNIVAL JOSEPH T. BAGNOLI ROBERT 0. STRAUGHN ROGER J. STELLJES PETER L. COOPER JEFFREY C. URBAN KATHLEEN M. LAMB KATHLEEN MICHAELA BRENNAN JOHN R. SCHULZ JENNIFER A. JAMESON COREY J. AYLING CARL S. WOSMEK BRIAN L. SOBOL JASON H. THOMAS SCOTT B. CROSSMAN AMY L. COURT CHRISTY E. LAWRIE RETIRED ANDREW J. SHEA November 19, 2014 Curt Boganey', City Manager Sharon Knutson, City Clerk City of Brooklyn Center City Hall 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 CBoaanevci,brooklvn-center.mn. us s knutson ci. brooklyn-center. m n. us RE: AMF Earle Brown Lanes - 6440 James-Circle North, Brooklyn Center Our File No.: 60709-0006 Dear Mr. Boganey and Ms. Knutson: I am local counsel for AMF Bowling Centers, Inc. d/b/a AMF Earle Brown Lanes ("AMF"). AMF is a bowling center that holds a Class C, Intoxicating Liquor License from the City. This letter is intended to follow up on the 2015 renewal application for the liquor license, and this location's food revenues for a Class C license. As you know, the Class C license requires "40% to 49% of its applicable revenue: derived from the service of food for:cohsumption on the Premises". For the twelve- month-period ending September 30, 2014, AMF's revenues from food, without considering any bowling or rental revenues, was 35%. The purpose of this letter is to explain in greater detail the underlying circumstances and to suggest options for the City Council to consider going forward. AMF would appreciate the opportunity to add this matter to the agenda for the City Council's November meeting. AMF takes its responsibilities as a licensee seriously. AMF notes several factors during this 12-month period that help explain the lower food revenues. Most significantly, the restaurant at the bowling center was closed from September 2013 to May 2014., This location also experienced a change in corporate ownership and local U.S. BANCORP CENTER • 800 NICOLLET MALL . SUITE 2600 . MINNEAPOLIS, MINNESOTA 55402 TELEPHONE (612) 338-2525 . FACSIMILE (612)339-2386 WWW.MCGRANNSHEA.COM November 19, 2014 Page 2 management. With the restaurant re-opening and a new general manager in place as of January 2014, AMF anticipates an on-going increase in food revenue. It may be helpful to consider the unusual nature of AMF's business revenues. Although the Class C license is phrased as a restaurant or hotel, bowling provides AMF's primary source of revenues. Indeed, as shown in the enclosed spreadsheet, if bowling and shoe rental revenues are included in the total revenues, then the ratio of food revenues for this same period is 54%, and revenues from alcohol sales is 46%. In terms of options for the City Council's consideration, AMF notes that it has generally satisfied the food revenues requirements, with historic percentages of 40% to 57%, except for the year 2010. At that time, the City Council directed the City Manager and City Attorney to work with AMF to provide recommendations to renew the liquor license, subject to certain conditions, including more frequent reporting, minimum restaurant hours of 40 hours/week, and substantial menu selections. AMF respectfully requests an opportunity to continue its license in 2015, subject to appropriate conditions determined by City staff and AMF, and presented to the City Council for review and approval. In the alternative, AMF respectfully requests that the City consider interpreting It revenue" to include bowling and shoe rental revenues. As you know, the City Code currently states: On-Sale Class C Intoxicating Liquor License. A Hotel or Restaurant that has 40% to 49% of its applicable revenue derived from the serving of food for consumption on the Premises and derives a considerable part of its revenues from sources other than Liquor or food is eligible for a Class C license. Section 11-107(4). Under this approach, the language of the code provision would remain the same, but the calculation of "applicable revenue" would be applied to include the primary business •revenues of bowling nd shoe rentals. By way of additional context, it may be helpful to note that some cities have entirely eliminated the requirements of food sales as compared to alcohol sales. This decision reflected the growing "craft" alcoholic beverages, which tend to be more expensive, and increased alcohol revenues as well as a desire to "modernize" liquor regulations. The City Council of Minneapolis recently repealed its 60/40 requirement. And the City of Brooklyn Park also decreased its requirement in 2012. City Code, Section 112.048 ("at least 25% of the restaurant's gross receipts are attributable to the sale of food"). The City of St. Paul has no required percentage of food sales as compared to alcohol sales. Of course, it is entirely the City Council's determination whether to retain the food/alcohol requirements, considering a number of public policy factors, and AMF is not seeking to remove the requirement. Instead, AMF wishes to November 19, 2014 Page 3 clarify the existing language as to "applicable revenue" as applied to its particular circumstances. We are concerned that a denial of the liquor license would create a serious financial hardship, and perhaps require the closing of Earle Brown Lanes. Such a result would deprive the community of a valuable asset - more than the only bowling center in the City. Earle Brown Lanes is home to a significant number of league bowlers, as well as an entertainment destination for child and adult birthday parties, corporate functions, holiday parties, and school and church groups. Earle Brown Lanes hopes to remain a community asset in the City for many years to come. We appreciate the opportunity to address the City Council and look forward to meeting with you on November 24th. Sin cerly, Kaela Brennan Counsel for AMF Enclosure 0 CC 0 00 CU 0 0 N 0 0 00 0 CU 0 00000)04) 000N 0) 0 CC 000CL ON 00000 2! 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o88° 992go3 -88ô 8 L88 i--o0$i 88589 9o8 8829-00)0)0080—on$ o<oo0-<88 $c S 8282 22288 5 58 N N 8 8888 88888 5 58 0 0000 00000 0 L6 0 588 8888 88888 8 0 0000 00000 N 0 N-N 0 0 b 66 6666 -o 0 0000 00000 0 0 0 N-N- 0 0000 00000 N NO 0 0 O 0000 0 0 000 0 0000 00000 00 0 0000 00000 0 00 N-N 0 0 0 0000 00000 N- NO 0 6000 dodOO 00O 0 (0 N- 0000 00000 0) 00 0 0000 00000 0 0) 0000 00 0 00 N- N-C N N 0(0) O 0000 00000 0 (00 c7L CMI N N 8 8888 88888 2 28 0 0000 00000 0 00o 8-2 0 05g 0 0 2 0Eo 008z0N- F- FY2014 _____________ FY2015 Per P&L Statement P4 P5 P6 P7 P8 P9 P10 P11 P12 P1 P2 L P3 Center 251 Oct-13 Nov-13 Dec-13 ]Jan-14 Feb-14 Mar-14 Apr-14 May-14 Jun-14 Jul-14 Aug-14 Sep-14 '(ID Food & Non Alcoholic Beverages 27,852 21,581,21,2471 36,1301 29,2341 28,6881 23,088 13,8451 15,9741 16,531 12,5591 19,7321 266,45 Alcohol 6,056 43,8251 41,008 54,3131 51,214 52,9561 48,634 24,6631 27,810 30,2871 24,826[38,477 499,069 Total 88,908 65,4061 62,255 90,4431 80,4481 81,6441 71,722 38,5081 43,784 46,818 37,385 58,209 765,530 Food Ratio 31%33%I 34%40%36%35%I 32%36%l 36%35%34%34%3S% Alcohol Ratio 69%I 67%I 66%I 60%I 64%65%I 68%1 64%I 64%65%I 66%66% Per P&L Statement P4 P5 P6 P7 P8 P9 P10 P11 P12 P1 P2 P3 Centel* 25l Oct-13 Nov-13 Dec-13 Jan-14 Feb-14 Mar-14 Apr-14 May-14 Jun-14 Jul-14 Aug-14 Sep-14 '['I'D Bowling &Shoe Revenue 36,4771 28,516p 29,988j 44,2701 41,027 43,8311 28,8271 9,6571 10,780p 12,1611 7,48.41 26,458 339,47t, Food & Non Alcoholic Beverages 27,8521 21,5811 21,2471 36,1301 29,234 28,6881 23,0881 13,8451 15,9741 16,531 4,183 19,732 258,085 Alcohol 61,0561 43,8251 41,0081 54,3131 51,2141 52,9561 48,6341 24,6631 27,8101 30,2871 24,8261 38,477 499,069 Total 125,385 93,9221 92,243 134,713 121,4751 125,471 100,549 48,1651 54,5641 58,979 36,4931 84,667 1,076,62'9 Food Ratio 51%53%I 56%1 60%1 58%1 58%I 52%49%I 49%I 49%32%1 55%I Alcohol Ratio 49%I 47°'1 44%1 40%I 42%I 42%1 48%I 51%I 51%I 51%I 68%1 45%I 46% Motion passed unanimously. Councilmember Roche moved and Councilmember Lasman seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 5315 Fremont Avenue N., with the requirement that the mitigation plan must be strictly adhered to before a renewal rental license would be considered. Mayor Willson commented that staff had put a lot of work into the rental licensing process, which is working well to deal with rental properties issues and he was pleased to see owners are participating and taking it seriously, as does the Council. Motion passed unanimously. lOd. CONSIDERATION OF AN ON-SALE CLASS C INTOXICATING LIQUOR LICENSE AND SUNDAY LIQUOR LICENSE FOR AMF EARLE BROWN LANES, 6440 JAMES CIRCLE NORTH Mr. Boganey introduced the item, discussed the history, and stated the hearing is to consider the issuance of a Class C Intoxicating Liquor License and Sunday Liquor License for AMF Earle Brown Lanes. He stated that per Council direction at its last meeting, staff met on November 30, 2010, with representatives from AMF Earle Brown Lanes, and City Attorney LeFevere drafted a resolution that stated findings of fact and identified specific orders should the Council determine to consider approval with conditions. He advised it would be reasonable to deny the requested liquor licenses because the applicant has not met the required food sales ratio; however, the Council has the discretion to consider approval with conditions. Councilmember Lasman moved and Councilmember Ryan seconded to open the hearing. Motion passed unanimously. Don Tuttle, District Manager of AMF, explained that prior management had reduced hours of the restaurant which resulted in reduced food sales. He stated they now have a new marketing plan and invested capital improvement money in the dining room to expand their customer base. Mr. Tuttle stated he took over in June of 2010 and had not been made aware of the ordinance requirement for food sale percentages. Mayor Willson stated that he generally follows the City's ordinances as written but understands there are extenuating circumstances in some cases. He asked Mr. Tuttle if he was comfortable with the six stipulations as contained in the draft resolution. Mr. Tuttle answered in the affirmative and indicated their attorney and corporate office had no objection. Mayor Willson referenced the last paragraph of the draft resolution indicating the applicant is advised and admonished that it is the applicant's responsibility to meet the requirements of this order and to meet the required percentage of revenues derived from the serving of food for consumption on the premises. He noted the Council will be apprised of the monthly reports. Mr. Tuttle stated he understands and they will monitor sales on a weekly basis. 12/13/10 etonc RejL1Ia" Be,- Councilmember Roche thanked Mr. Tuttle and Tim Duffy, General Manager of Earle Brown Lanes, for submitting their marketing plan and attending the meeting tonight. He noted this is the only bowling alley in Brooklyn Center and encouraged them to update the interior finishes in the restaurant. Councilmember Lasman moved and Councilmember Roche seconded to close the hearing. Motion passed unanimously. 1. RESOLUTION NO. 2010458 MAKING FINDINGS OF FACT AND ORDER RELATING TO AMF EARLE BROWN LANES LIQUOR LICENSE Councilmember Lasman stated she wanted this business to succeed and have a restaurant in this area; however, the Council would need to see the performance outlined. It was noted the first report will be considered by the Council in February, 2011. Councilmember Lasman moved and Councilmember Roche seconded to approve RESOLUTION NO. 2010-158 Making Findings of Fact and Order Relating to AMF Earle Brown Lanes Liquor License. Mayor Willson stated there was no excuse for AMC not knowing about the requirements of the ordinance, which has a long history in Brooklyn Center; however, the applicant had indicated there were mitigating circumstances. Motion passed unanimously. lOe. CONSIDERATION OF AN ON-SALE CLASS D INTOXICATING LIQUOR LICENSE, SUNDAY LIQUOR LICENSE, AND 2 A.M. LIQUOR LICENSE FOR MR. BBQ (FORMERLY MANGO TANGO ISLAND RESTAURANT & BAR), 2101 FREEWAY BOULEVARD Mr. Boganey introduced the item, discussed the history, and stated the hearing is to consider the issuance of a Class D Intoxicating Liquor License, Sunday Liquor License, and 2 A.M. Liquor License for Mr. BBQ, formerly Mango Tango Island Restaurant & Bar, 2101 Freeway Boulevard. He explained staff found the applicant was delinquent for property taxes and utilities and scheduled the hearing for tonight. Subsequent to the hearing being scheduled, payment was received for the unpaid and past due property taxes and utility charges. Thus, as of this date, the applicant is in full compliance with the ordinance. Mr. Boganey recommended if the Council wishes to consider approval, it be subject to the condition that payment checks have been received and funds deposited in the City's account no later than December 30, 2010. City Attorney LeFevere explained the applicant is not required to keep taxes current throughout the year but that a liquor license not be granted or renewed unless property taxes are current by year end. 12/13/10 -9- S[I1BJ[IU V M U I {O7I P1$WJI DATE: December 7, 2010 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City ClerjW"W_^^. SUBJECT: Consideration of an On-Sale Class C Intoxicating Liquor License and Sunday Liquor License for AMF Earle Brown Lanes, 6440 James Circle North Recommendation: It is recommended that the City Council review and discuss the liquor license application submitted by AMF Earle Brown Lanes. The City Council has the option to deny the license or to. consider the resolution drafted by the City Attorney, which includes conditions as discussed at the November 22, 2010, Work Session. Background: On November 8, 2010, AMF Earle Brown Lanes, 6440 James Cir N, submitted a renewal liquor license application for an On-Sale Class C Intoxicating Liquor License and Sunday Liquor License. After review of the license application packet, AMP Earle Brown Lanes does not meet the requirements of City Ordinance Section 11-107.4.c relating to the 40% to 49% revenue derived from the serving of food. They only indicated 34%. Section 11-107.4.c reads: 11-107.4' On-Sale Intoxicating Liquor License. A Restaurant must have a dining. room that is open to the general public, with a total minimum floor area of 1,800 square feet and seat not less than 150 guests at one time in order to obtain an On- Sale Intoxicating Liquor License. The following are the classes of On-Sale Intoxicating Liquor. Licenses that may be issued by the City: c. On-Sale Class C Intoxicatinz, Liquor License. A Hotel or Restaurant that has 40% to 49% of its applicable revenue derived from the serving of foodfor consumption on the Premises and derives a considerable part of its revenue from sources other than Liquor or food is eligible for a Class C license. On November 22, 2010, the City Council met in Work Session and discussed the status of the license application with representatives from AMF Earle Brown Lanes (minutes from this meeting are included in Item No. 6a). The Council directed staff to meet with the applicants prior to the next Council meeting to draft a recommendation for approval of an On-Sale Class C Intoxicating Liquor License' with conditions as discussed. City Attorney Charlie LeFevere and staff met with representatives from AMF Earle Brown Lanes on November 30th, and the City Attorney has drafted 'a resolution for consideration by the City Council. ['U Mission: Ensuring an attractii'e, clew:, safe community that enhances the quality of lj'e and preserves the public trust [Ei1IJiS4I li L $ ak1 (•) 1l WJ I Budget Issues: There are no budget issues to consider. Council Goals; Ongoing:1. We will provide streamlined, cost effective, quality services with limited resources (( Mission: Ensuring an attractive, dean, safe community that ejihances the quality of life and preserves the public trust Member introduced-the following resolution and moved its adoption: RESOLUTION NO.__________ RESOLUTION MAKING FINDINGS OF FACT AND ORDER RELATING TO AMF EARLE BROWN LANES LIQUOR LICENSE Upon due notice, a hearing was held by the Brooklyn Center City Council on the 13th day of December, 2010, at 7:00 p.m., at the Brooklyn Center City Hall, on the matter of the liquor license application of AMIF Earle Brown Lanes, pursuant to Brooklyn Center City Code, Section 11- 125. City staff presented information relating to the failure of the liquor license applicant to meet the.requirements of City Code, Section 11-107, paragraph 4(c) relating to the percentage of revenue derived from the serving of food for consumption on the premises. The applicant was represented by: Having heard and duly considered the evidence presented at the hearing, the Council makes the following FINDINGS OF FACT and ORDER: FINDINGS OF FACT [ 1. AMF Bowling Centers, Inc. d/bla AMP Earle Brown Lanes (the "Applicant") holds an on-sale Class C intoxicating liquor license for 2010. 2.Brooklyn Center City Code, Section 11-107, paragraph 4(c) requires that to be entitled to a Class C license, a restaurant must derive at least 40% of its revenue from the serving of food for consumption on the licensed premises.. 3.The Applicant has submitted information showing that for 2010, only 34% of sales were derived from the sale of food. Therefore, the Applicant has not complied with the requirements of Section 11-107, paragraph 4(c). 4.The Applicant has submitted for the Council's consideration a marketing plan entitled Earle Brown Lanes EB's Grill Marketing Plan, which is on file with the City Clerk (the "Marketing Plan"), and has represented that it can, and will, take steps necessary to meet the requirement of City Code that at least 40% of its revenues be derived from the serving of food for consumption on the licensed premises. 5.The Council has determined that it is reasonable to grant a Class C license to the Applicant, but only on the terms and conditions set forth in the following order: _V RESOLUTION NO. ORDER On the basis of the FINDINGS and evidence and testimony presented at the hearing, the Council orders that a Class C. intoxicating liquor license be granted to the Applicant on the following conditions: i. Each month during the term of the license, no later than the 15th day of each calendar month, commencing February 15, 2011, the Applicant shall submit to the City a report, certified by a certified public accountant, showing the percentage of revenue derived from the serving of food for consumption on the premises for the preceding calendar month. 2.The Applicant must receive at least 40% of its revenues from the serving of food for consumption on the premises in the calendar month of February 2011. 3.The Applicant must have achieved a cumulative percentage of 40% of revenues derived from the serving of food for consumption on the premises for the period November 1,2010, through April 30, 2011. 4.The Applicant shall implement and maintain the measures identified in the Marketing Plan. 5.The Applicant shall complywith all requirements of City' Code and State law relating to the sale of alcoholic beverages. 6. Failure to comply with any of these conditions may result in suspension or revocation of the license or the, imposition of sanctions authorized by Minnesota Statutes, Chapter 340A, and City Code. The Applicant is advised and admonished that it is the Applicant's responsibility to meet the requirements of this Order and to meet the required percentage of revenues derived from the serving of food for consumption on the premises. Marketing and management efforts designed to increase the sale of food may, or may not, suffice to bring the Applicant into compliance with the requirements of City Code. If it 'is not possible for the Applicant to meet the requirements of this Order and of City Code through efforts to increase the sale of food, the Applicant may have to take other steps to reduce the revenues received from the sale of alcoholic beverages. Such steps may include reduction or elimination of happy hours or other sales incentives, restricting the hours of operation of the lounge, closing the lounge, or otherwise restricting the sale of alcoholic beverages. Ar RESOLUTION NO By Order of theCity Council of the City of Brooklyn Center this 13th day of December, 2010. December 13, 2010 MayorDate ATTEST:City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, th e following voted in favor thereof: and the following voted against the same:whereupon said resolution was declared duly passed and adopted. I [ illiw IwiI LB's Gri Folwo-JANM F . Executive Summarl This plan was developed as part of a broader effort to Brown Lanes new restaurant, EB's Grill. It is also desi: the City of Brooklyn Center's ordinance requiring a mii food sales. The center will expand its marketing efforts for EBs G local print media advertisement, local publicity, email i the personal direct marketing efforts of EB's Grill man4, In addition we will promote the full menu from EB's Gr bowling center itself, driving food sales from our large., customers •t.l ,• 0: _:__i_:. - "meow - Situation Analysis Food sales have been in a steady decline over the pato a management group that wasn't supportive of the i catering parts of the business, while alcohol sales hay steady Opportunities exist to increase food sales due to a neextensive menu, new professional culinary staff, expai restaurant hours, an increase in local businesses aro corporate support from the national group sales depar creation and focus of a local sales force. Should these efforts not produce the desired results J term, we will pursue limited sales of alcohol in the cen ordinance and be in compliance. .: [•]LIthan Ii iII1!111* Saturday & Sunday 8:00 AM — 9:00 ,v Brunch Buffet offered every Saturda Sunday Morning - - - - - JUMOMM - t] 111.11 fl [1S I -I- Cl a ft1II'1 U ii MAW], WORM New I based upon photosof S 900',1 Center, and the influence 1 • on the comm provided through a partnership with the 1.. New signage Sawnings designed a Ibudget .51 . pending contractor submission'of permits. New carpeting installed. 12/6-12/8 New menu implemented S nT.. - - .-.- - - - w5avow — WFAIM- — — It:i iiI•IS fl [* IBanquet1RoomIMarketing iJ Mi We have created marketing material to be handed out businesses a radius• include informatior private parties, meetings,• leagues(Hotel a distributed, o a are being custom printed and January, 2011) Utilize our a Group Sales representative to invite groups and to utilize our facility forevent formally launched a1 * w Our new lower price on birthday •. $10.99 per 1* • Sal to impact our 5 • • • *as food 5 AI . . ..... . .... ... . ... . Bringing the Restaurant menu to tne lanes-Effei We will promote the full menu from EB's Grill in the bo itself, driving food sales from our largest group of custc Exchange snack bar menus for EB's Grill menus in center to ensure that everyone knows the full offerii Teach serve staff to offer our daily food special fror on the lanes, much like you would experience at a i establishment —Make slut lIic announcements on IIthePA systemirill of the availability of the expanded menu on the Ian( I I1IYLs] 1Y11 fl11 111 iii Community Eventsi*ui.LIit*ii M1 Earle Brown Days Centennial Celebration Promote celebration through historic photos and exploration of additional promotions NorthiHennepin IChamberi.iICommerce, Brooklyn Center 12 IC I 7 I Advertising iD et a ilIiList Participation in the Metro Dining Club (Discount Card) Email campaign through the AMF eClub opt-in list Advertising in local print media for awareness and offe Grand re-opening campaign to raise awareness of rec • Newspaper Ad for Grand re-opening date • Historical Society tie-in for Earle Brown history and photc Hotel room card marketing for visitors Offer and advertise early bird food specials Aggressively market and solicit lunch and bowl league ri _ - . . - :.• S .. S.':: ..........-. -'- - We are very proud of our relationship with our customE Center since 1978. While nearly 33 years is young in ti world, we expect to solve for this issue and continue to partnership with the City for many years to come. Attachment: Slides from our November 22nd presentation to City Council for background/context I I I F 11t om omm OEM am= us= mom I on= OEM= too= Fund Raiser Community Recruiting Sessions AWL Our Center is a valuable part of the community. It is home to 71 Bowlers, who bowl up to 32 weeks each year in a social sportinç house 24 leagues that are sanctioned with the United States Bo' the sanctioning organization for the sport of bowling. In addition bowlers, we offer a safe place for entertainment. Additional forn entertainment include: Corporate Functions School & Church Groups Team Awar Holiday Parties Social Even - - - w Community Organizations and Business that use our Cni Medtronic Honeywell Minneapolis Public Works Federal Reserve American Legion Grocer's Union Target Corporation Retired Brooklyn Ce Land O'Lakes University of Minnes Lion's Club Brooklyn Center Hig Park Center High S .......... iJ •. : k IDkAO)t11 I]JJ I1I1[iJ I!L•) .1 j:afMIkI DATE: November 19, 2010 TO:City Council FROM:Curt Boganey, City Mana5 SUBJECT: AMF Bowling Center Inc, Liquor License Recommendation: It is recommended that the City Council consider providing direction to staff regarding Background: Given the standards of the City ordinance governing liquor licenses, staff has determined that AMF Bowling Center Restaurant does not meet the standard for Class C On Sale License. There it has been recommended that the City schedule an application hearing for December 121h, 2010 I have enclosed a letter from Kaela Brennan representing the applicant. The applicant has submitted an explanation of why food sales have fallen below the required threshold and has proposed a plan to remedy the situation. From discussions with the City Attorney, it appears the City Council has the authority to 1.Deny the license 2.Grant the license with the conditions the Council deems appropriate. The City Attorney will be at the worksession to provide further legal guidance if required. Policy Issues: What action would best serve the long term interest of the City? Mission. Ensuring an attractive, clean, saft community that enhances the quality of lift andpreseres the public trust WILLIAM R. MCGRANN DOUGLAS N. CARNIVAL ROBERT 0. STRAUGHN PETER L. COOPER KATHLEEN M. LAMB JOHN R. SCHULZ COREY J. AYLING SCOTT B. CROSSMAN CARLA J. PEDERSEN KATHLEEN MICHAELA BRENNAN JOSEPH T. BAGNOLI JENNIFER A. JAMESON ROGER J. STELLJES JEFFREY C. URBAN - TIMOTHY U. NOLAN CARL S. WOSMEI< U.S. BANCORP CENTER 800 NICOLLET MALL SUITE 2600 MINNEAPOLIS, MINNESOTA 55402-7035 TELEPHONE (612) 338-2525 FACSIMILE (612) 339-2386 www.mcgrannshea.com AMY L. COURT ALBERT E. LI CHRISTINE L. MEN HEN EMILY J. PIPER MICHAEL P. ELDRIDGE JASON H. THOMAS JOELLE N. LESTER Or COWNsfl. ANDREW J. SHEA MCGRANN SHEA CARNIVAL STRAUGHN & LAMB, CHARTERED ATTORNEYS AT LAW November 19, 2010 VIA HAND DELIVERY City Council Members City of Brooklyn Center do City Manager Curt Boganey 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: AMF Bowling Centers Inc. Liquor License Renewal Our File No.: 60709-0006 Dear Honorable City Council Members: I represent AMF Bowling Centers Inc. dibla AMF Earle Brown Lanes, which is a bowling center that holds an on-sale Class C intoxicating liquor license with the City. The renewal materials for its liquor license show that f oo dasaperCeniage-OfgroSS sales was 34%; which is below the 407o to 49% required by the City for this class of license. Earle Brown Lanes will appear before you at the work session scheduled for November 22, 2010. The purpose of this letter is to outline the proposal for City Council consideration. Please note that 2010 is the first year in which Earle Brown Lanes reported food sales below 40%. Food sales within the previous five years ranged from 40% to 57%. As explained in the enclosed report, Earle Brown Lanes experienced some changes in 2010 that were unique in its history. The restaurant was renovated. Significantly, the restaurant hours-were reduced to only four hours per day (4 - 8 pm). Management experienced turnover. Earle Brown Lanes believes that these items were unique to this year and expects food sales to increase significantly going forward. The business plan to increase food sales is detailed in the enclosed report. Earle Brown Lanes will launch the grand re-opening of its restaurant within the next few weeks. The restaurant hours will be expanded to nine hours per weekday (11 am - 8 City Council Members November 19, 2010 Page 2 pm) and eleven hours on weekends (9 am - 8 pm). It has retained a full-time, executive chef and prepared a new menu with extensive selections. A copy of the new menu is included in the report. Earle Brown Lanes is pleased to offer all-you-can-eat weekend brunch, as well as early bird food specials. Food will be served until the center closes each night. In light of these business changes, Earle Brown Lanes fully expects a significant increase in food sales. If is willing to report food sales to the City on a regular basis to monitor on-going compliance with the City's requirements. We are concerned that a denial of the liquor license would create a serious financial hardship, and perhaps require the closing of Earle Brown Lanes. Such a result would deprive the community of a valuable asset - more than the only bowling center in the City. Earle Brown Lanes is home to 714 League bowlers and 24 leagues, as well as an entertainment destination for child and adult birthday parties, corporate functions, holiday parties, and school and church groups. Earle Brown Lanes has invested in the community with its restaurant renovations, new food and bar equipment, and personnel changes. It hopes to remain in the City for many years to come. Earle Brown Lanes therefore requests that the City Council consider approving its liquor license renewal, contingent upon the following conditions: • Restaurant hours of at least 40 hours per week; • Continued extensive menu selections; and o Quarterly reporting of food sales to the City. We appreciate the opportunity to address the City Council and look forward to meeting with you on November 22nd. Sincerely, dela Iz ' Brennan Enclosure cc (w/encl.): Charlie LeFevere, Esq. (City Attorney) (w/o end.): Donna Arruda Darlene Newman-Brown W',mmofflil ri 1LS1YA1 ii i irT It.,iii•i:i.IS1iS] 4 4"- 1 44 t I I [ii [1 iIt•W1 ii WTiI* Who We Are:1:11*111!: .million : et I i I [1 if11Ai 'i iii Our Center is a valuable part of the community. It is home to 71 Bowlers, who bowl up to 32 weeks each year in a social sportinç house 24 leagues that are sanctioned with the United States Bo the sanctioning organization for the sport of bowling. In addition bowlers, we offer a safe place for entertainment. Additional forn entertainment include: Corporate Functions School & Church Groups Holiday Parties Recruiting Sessions Community Groups Child & Adult Birthday Team Awards BanquE Social Events Fund Raisers -aU-- ESar8WW$1n ftev t TI [I IILIIYAYA II TIi* Community Organizations and Businesses who use our Center: Medtronic Honeywell Minneapolis Public Works Federal Reserve American Legion Grocer's Union ruiti.I :1t.I.1rvAi&iLi1l Teachers North High School Co Dallas University Mitchell Bus Station University of Minnesol Lions Club IF-WIMA I . 4 I II' ' I •" ...-. -',- ow •-VMMM wasm •.•. Earle1ifCS)JAYA iu Lanesi- -Partiesfor iii r. iiii Customers • Children and families • Unique and highly interactive entertainment for both kids and • Events vary in type and size and range from birthdays - for bo' adults - sports team celebrations, holiday parties, and social e qj - I I I 4 I 1 - ILt..:.. •:- 1 ,!- --- •r:— •:t; :- Li I [iLiYAYA 1 ,1 W1 11c1— - If.ii1S1] tsiIN[.[i] liii kill AMF Centers Participate in TIPS: TIPS (Training for Intervention Procedures) - Training on how ti intoxication, drunk driving and underage drinking Offered through in-classroom sessions or online training TIPS training includes: - Behavioral Cues (visible, progressive signs of intoxication) Blood Alcohol Content (BAG, the level of alcohol in a person's blooc Absorption Rate Factors (items that affect the absorption of alcohol) Effective Responses (intervention strategies for servers to use with Checking IDs (proper formats and things to look for on an ID) Understanding Liability (explanations about how servers can be hek alcohol-related problems) AMF Earle Brown Lanes is presently 100% trained to Training compliance is tracked online All managers and employees in alcohol-related positions must L Any employee who violates the alcohol beverage service policy disciplinary actions, including termination. No Alcohol violations within the last 7 years. I , I -w Reason for Reduction i I 411111Fo( -RestaurantuHours WeReduced Hours were Sunday - Saturday 4:00 PM - 8:00 PM * Renovations of the Restauran * Management Turnover I I , - - - - - -.. I^arle Brown Lanes Updates Food Sales Strategies - New Expanded Restaurant Hours Monday - Friday 11:00 AM - 8:00 PM Saturday & Sunday 9:00 AM - 8:00 PM New Executive Chef with extensive banquet experience New varied menu with new selections and a new look Early Bird Food Specials - Offering All You Can Eat Weekend Brunch Food is served until center closing. - Food can be ordered from the lanes and bar area in additio - Marketing to local hotels. I I.. 1i [IBrown LaUpdates (co- - - What's Newiand IImprovedi Grand Reopening of Restaurant To occur within the next 2-3 weeks Investments in Earle Brown Lanes New Lighting New Carpet - To be installed within next two weeks. New Interior Paint New Food & Bar Equipment New Management - Advertising in Local Newspaper - Partnership with the Brooklyn Center Historical Society Historical photos from the early 1900's with brass plate placar Monitoring of Food & Beverage Rati( Monthly Basis •' • -i.: :• -:- - - - -T - -: ..- -:- - ••-. - - ::- -- - ;- -, - : '::. I Before ______ EarleBrown1Lanes Main Dining1Room LL4 J . L ff' . 4 ' / ' 44 & Earle Brown Lanes Main Dining Roo Before After t ii. I 44 4 I Before I Earle1Brown Lanes SatuiSunday1Buf After ______________________5 ;• Tl [Brown Lanes MainDining Room Before Afte ft_I .:'• (. :-';' .•. ' i- I I :- M O IR •:.;;.-map3 - ç 3 •{ :• • • - •51-6i •f -. ( - • - • - • •,•--• • • •• .1 - 4 L •., - WINK [] i.ii ri.'r.i ii 1iIII [1YYI [1111 to EB's Grill s'sd aIhP Cs Con SnStcii get started pizza, caizones & subs \ Cn&nn TaS& t,-Ir^vo S12 rk1 O2LaTEJ SIcs GF AA on nrfti rs -S14 -4sr. DJ C3s 1C1sY as Sflwrn Scamp t SIM OrP,M (;e J1 Ps w Thdn Cjtai CI sweets1699 (vi c P*k 5th1 4CsC, Fsc*, Ak ccq4 Amhw4w Cog 0-460, ci*c kkr& cWL $s ç, F si Et UJY4ICd Cs t:p (hs n- Fis r. a C *• 1u1ca -Q*4 I'. m*ifl PArri, Pt* S1 3O F uc Sa!j CsnChcsss, Oik*s A %jA, EJ sa Csr U*k'J WJ4 jttasfla LsKI, C'he Cw Biis h'ji c-s P¼, Earle1Brown Lanes -- Menu ll 3 e Lii3) iMuflhii Cwdrn 1iec IiL - JII 1Y LL.. T'J! )L.t --i. i Ii.:j t1•ft Earle Brown Lanes Additional Marketing Room cards, are PI local hotels offerin, r 1V) -- iEJtL2. Thc {Th. ,!ftc Hct- AMfEnasx1 44O1nC1ideoith E1i b!4543O