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HomeMy WebLinkAbout2015 03-09 CCP Regular SessionAGENDA CITY COUNCIL STUDY SESSION March 9, 2015 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 3.Discussion of Work Session Agenda Items as Time Permits 4. Adjourn CITY COUNCIL MEETING City of Brooklyn Center March 9, 2015 AGENDA 1.Informal Open Forum with City Council - 6:45 p.m. —provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2.Invocation - 7 p.m. 3.Call to Order Regular Business Meeting —The City Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 4.Roll Call 5.Pledge of Allegiance 6.Approval of Agenda and Consent Agenda —The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes 1.February 23, 2015 - Study Session 2.February 23, 2015 - Regular Session 3. February 23, 2015 - Work Session b. Licenses C. Application and Permit for Temporary On-Sale Liquor License Submitted by St. Alphonsus Church, 7025 Halifax Avenue North, for a Social Event to be Held April 25, 2015 d. Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids, Improvement Project Nos. 2015-01, 02, 03 and 04, Freeway Park Area Street, Storm Drainage and Utility Improvements e. Resolution Establishing Parking Restrictions for Segments on 63 d Avenue from Orchard Avenue to Brooklyn Boulevard CITY COUNCIL AGENDA -2- March 9, 2015 7.Presentations/Proclamations/Recognitions/Donations a. Resolution Expressing Appreciation for the Donation of the Brooklyn Center American Legion Post 630 in Support of the 2015 CSI Safety Academy Requested Council Action: —Motion to adopt resolution. 8.Public Hearings a. Proposed Special Assessments for Diseased Tree Removal Costs and Weed Removal Costs This item was first read on February 9, 2015; published in the official newspaper on February 19, 2015; and is offered this evening for Public Hearing. Resolution Certifying Special Assessments Cost to the Hennepin County Tax Rolls Requested Council Action: —Motion to open Public Hearing. —Take public input. —Motion to close Public Hearing. —Motion to adopt resolution. for Diseased Tree Removal 2. Resolution Certifying Special Assessments for Weed Removal Costs to the Hennepin County Tax Rolls Requested Council Action: —Motion to open Public Hearing. —Take public input. —Motion to close Public Hearing. —Motion to adopt resolution. 9. Planning Commission Items a. Planning Commission Application No. 2015-001, Submitted by SCP Distributors and Capital Partners LLP for Special Use Permit to Allow an Outdoor Storage and Sales Display Area in the I-i (Industrial Park) District, Located at 6840 Shingle Creek Parkway. The Planning Commission conducted a Public Hearing on this item and recommended unanimous approval of this special use permit application at the February 26, 2015, meeting. Resolution Regarding the Disposition of Planning Commission Application No. 2015-001, Submitted by SCP Distributors and Capital Partners LLP for Special Use Permit to Allow an Outdoor Storage and Sales Display Area in the I-i (Industrial Park) District, located at 6840 Shingle Creek Parkway Requested Council Action: —Motion to adopt resolution. CITY COUNCIL AGENDA -3- March 9, 2015 10. Council Consideration Items a. Consideration of Type IV 6-Month Provisional Rental Licenses 1.4811 Lakeview Avenue 2.3613 54th Avenue North 3.5814 Ewing Avenue North 4.5649 Northport Drive 5.Resolution Approving a Type IV Rental License for 3912 61st Avenue North 6.Resolution Approving a Type IV Rental License for 6724 France Avenue North Requested Council Action: —Mayor poll audience for applicants to address Council. —Receive staff report. —Motion to open hearing. —Receive testimony from applicants in order. —Motion to close hearing. —Take action on rental license applications and mitigation plans. b. Resolution Authorizing Approval of the Issuance of a Premises Permit for Brooklyn Park Babe Ruth to Conduct Lawful Gambling at Jammin Wings, 2590 Freeway Boulevard, Brooklyn Center Requested Council Action: —Motion to adopt resolution. 11.Council Report 12.Adjournment City Council Agenda Item No. 6a MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION FEBRUARY 23, 2015 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 April Graves, Lin Myszkowski, and Dan Ryan. Councilmember Kris Lawrence-Anderson was absent and excused. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, and Brittney Berndt, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS -None. MISCELLANEOUS Councilmember Ryan stated that he will be absent for the next City Council meeting, March 9, 2015, representing Brooklyn Center at the National League of Cities Conference that will be held in Washington, DC. Blue Line Light Rail Mayor Willson explained to the City Council that he attended a meeting along with other cities including Robbinsdale, Coon Rapids, and Crystal in which they are now opposing the construction of the Blue Line Light Rail. The group of cities is requesting an environmental study to be completed before any construction of the light rail can occur in their communities. He explained that with the group of cities requesting the study that this might be an opportunity for Brooklyn Center to make a suggestion on possibly moving the tracks to mirror Highway 252. Councilmember Graves questioned what were the motives behind the other cities now possibly blocking the construction of the light rail. Mayor Willson responded that Robbinsdale has three railroad crossings that currently cut their city in half and with the increase of rail traffic, this would mean longer commute times as well as longer response from emergency personnel. He added that there are two main rail companies, BNSF and Canadian Pacific, which are looking to merge and use tracks that would be constructed with the light rail to haul extra freight. 02/23/15 -1- DRAFT Councilmember Graves explained that from what she knows about the project, the Blue Line would be an asset to every community because of the benefits to their citizens for transportation. She also added that she could see why the communities would request the environmental study before construction could take place. Mayor Willson explained the Blue Line is currently in the planning stage and with the group of cities requesting the environmental study, he is concerned this could potentially stop the process. If that occurred, it would hurt not only the citizens of the other cities but the citizens of Brooklyn Center as well. City Manager Curt Boganey stated he had heard the cities were going to be opposed to the connector line, which would support the two major rail companies, but the cities were not opposed to the Blue Line. Mayor Willson explained that the connector line is tied into the Blue Line, so it will be an either all or nothing situation. Mr. Boganey explained that the connector line must have been tied to the deal at the last minute because in earlier conversations, it had not been tied together. Mayor Willson and Councilmember Graves concurred but wondered why the two rails are connected. Councilmember Ryan agreed that if the two major rail companies merge and use the connector station, some of these cities would have rail traffic that caused major delays. He understands why, if these two rails are tied together, cities would be requesting the environmental studies to slow the construction process down. Mayor Willson concurred and added that it could possibly be tied because both the freight rails and the light rails would share the same right-of-way in the cities. Mr. Boganey stated he will gather more information from the other cities regarding the Blue Line and the construction process. Councilmember Ryan agreed with Mr. Boganey that more facts were needed in order to hypothesize why the cities are opposed to the Blue Line construction. Brooklyn Center University Mr. Boganey shared an update regarding Brooklyn Center University and the proposed agenda for the class. He shared that nine students are signed up for the course and each will receive a binder, which they will fill with information after each class until the binder is full. Each week the students will share a two-hour segment with a different department within the City learning how they operate and function. He has requested that each department make its presentation interactive and engaging for the students. Mr. Boganey explained that the first meeting would include introductions of the City Councilmembers and students, class expectations, overview of the course, and possibly a case study. Councilmember Ryan volunteered to share one of the sections with the students but asked if including a public hearing within the first meeting may be overwhelming to the students. Councilmember Myszkowski agreed that the students could possibly only want to check things out and not participate at a level that would be needed for a case study. She also added that the 02/23/15 -2- DRAFT agenda looks very ambitious for two hours and suggested trying to condense the information. Councilmember Graves suggested that rather than holding a public hearing, they break into small groups, look at the case, and identify different aspects of government. She felt this would eliminate the pressure students would feel. Mayor Willson concurred that with only nine people, participation could be lacking. Mr. Boganey supported all of the ideas that the Councilmembers presented and added that maybe the Councilmembers could share personal stories regarding aspects of government rather than giving a lecture. The Councilmembers concurred with this idea. Mr. Boganey and the Councilmembers divided the agenda accordingly and it was consensus that the Water Treatment Plant could serve as the case study. Summer Jobs Program Councilmember Graves had questions regarding the summer jobs program that is partnered with Step Up and how many youth are going to be employed. Mr. Boganey explained that the program is under the authority of the Brooklyns Alliance for Youth, so the City does not have all of the information regarding the program. Mayor Willson invited Councilmember Graves to an Alliance meeting with the Director scheduled for Thursday. He added that this program will eventually become a spin off-program, which will be housed by a different service provider, potentially ProUSA. Councilmember Graves stated she understands the Step Up Program from past experience and had questions regarding the youth that were being placed. She had a few ideas to help employ the youth while helping other service organizations such as HomeLine. Mr. Boganey explained that Rebecca Gilgen, who is the Director of the Alliance, would be giving an update to the City Council at a future meeting. This would be an opportunity to learn more about the employment program. ADJOURNMENT Councilmember Ryan moved and Councilmember Graves seconded to close the Study Session at 6:48 p.m. Motion passed unanimously. 02/23/15 -3- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION FEBRUARY 23, 2015 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 April Graves, Lin Myszkowski, and Dan Ryan. Councilmember Kris Lawrence-Anderson 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 Brittney Berndt, 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 Graves seconded to close the Informal Open Forum at 6:48 p.m. Motion passed unanimously. 2.INVOCATION Mayor Willson requested a moment of silence and personal reflection as the Invocation while he read an e-mail from a Peace Activist from Pakistan. 3.CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:05 p.m. 4.ROLL CALL 02/23/15 -1- DRAFT Mayor Tim Willson and Councilmembers April Graves, Lin Myszkowski, and Dan Ryan. Councilmember Kris Lawrence-Anderson 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 Brittney Berndt, TimeSaver Off Site Secretarial, Inc. 5.PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6.APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Ryan moved and Councilmember Graves seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1.February 9, 2015 - Study Session 2.February 9, 2015 - Regular Session 6b. LICENSES MECHANICAL All Systems Mechanical LLC Nordic Services, Inc R B Heating & Air Stafford Home Service Inc. Twin City Heating and Air RENTAL INITIAL (TYPE III - one-year license) 6628 Camden Drive INITIAL (TYPE II - two-year license) 6012 June Avenue North 6230 Quail Avenue North RENEWAL (TYPE III— one-year license) 4806 Twin Lake Avenue 3707 61st Avenue North Passed with Weather Deferral 5807 Dupont Avenue - North 6930 Newton Avenue North Passed with Weather Deferral 3016 Quarles Road Missing CPTED 2282 Terminal Road, Roseville 11965 Larc Industrial Boulevard, Burnsville 20826 Austin Street NE, Cedar 6225 Cambridge Street, Minneapolis 17125 76th Place N, Maple Grove Marie Rickmyer Alyssa Cheng Kurt Templin Douglas Wahl Douglas Wahl Todd Havisto Desra Widdel Heather Terry 02/23/15 -2- DRAFT RENEWAL (TYPE II - two-year license) 3601 47th Avenue North Ryan Creek Manor Passed with Weather Deferral Drew Kabanuk 5618 Hillsview Road Nita Morlock 4207 Lakeside Avenue 4241 First House LLC RENEWAL (TYPE I— three-year license) 5959 Camden Avenue North Todd Havisto 7101 France Avenue North Luanne Thompson 5559 Lyndale Avenue North Passed with Weather Deferral Brett Hildreth 6448 Willow Lane Brett Hildreth 6c.APPROVAL OF ANNUAL REPORT ON FRANCHISE FEES 6d.RESOLUTION NO. 2015-33 APPROVING PROJECTED USE OF FUNDS FOR 2015 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND AUTHORIZING SIGNATURE OF SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY AND ANY THIRD PARTY AGREEMENTS 6e.RESOLUTION NO. 2015-34 ACCEPTING BID AND AWARDING A CONTRACT, CENTENNIAL CIVIC & VETERANS MEMORIAL AMPHITHEATER PROJECT 6f.RESOLUTION NO. 2015-35 APPROVING AN AMENDMENT TO JOINT AGREEMENT FOR STREET MAINTENANCE ACTIVITIES Motion passed unanimously. 7.PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS - None. 8.PUBLIC HEARINGS 8a. AN ORDINANCE GRANTING CENTERPOINT ENERGY RESOURCES CORP., d/b/a/ CENTERPOINT ENERGY MINNESOTA GAS ("CENTERPOINT ENERGY"), ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN FACILITIES AND EQUIPMENT FOR THE TRANSPORTATION, DISTRIBUTION, MANUFACTURE AND SALE OF GAS ENERGY FOR PUBLIC AND PRIVATE USE AND TO USE THE PUBLIC WAYS AND GROUNDS OF THE CITY OF BROOKLYN CENTER, HENNEPIN COUNTY, MINNESOTA, 02/23/15 -3- DRAFT FOR SUCH PURPOSE; AND, PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF City Manager Curt Boganey introduced the item as the second reading of this ordinance, discussed the history including the first reading that took place on January 26, 2015, at the City Council Meeting. He also stated the purpose of the proposed ordinance, which allows CenterPoint to use the right-of-way on City roads to maintain current utilities. He pointed out that the franchise fee language expired in 2013 but will remain in place until the new franchise fee language is adopted. He explained that this franchise language does determine the fee, which could be charged, but rather only the language authorizing it. The actual franchise fee will come back to the City Council along with adoption of the proposed ordinance around the franchise fee language. Staff recommends after this public hearing to have the City Council direct staff to bring this item back when the fee will be considered. Councilmember Ryan moved and Councilmember Graves seconded to open the Public Hearing. Motion passed unanimously. No one wished to address the City Council. Councilmember Myszkowski moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. Councilmember Ryan moved and Councilmember Myszkowski seconded to direct staff to bring this ordinance back to the City Council for consideration at a meeting when a hearing is held on the new franchise fee ordinance. Motion passed unanimously. 9.PLANNING COMMISSION ITEMS - None. 10.COUNCIL CONSIDERATION ITEMS Mayor Willson explained the streamlined process that will now be used to consider Type IV 6- Month Provisional Rental Licenses. Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on any of the rental licenses as listed on tonight's meeting agenda. Seeing no one coming forward, Mayor Willson called for a motion on Agenda Items 1 Oal through 1 Oal 0. lOal. 6013 ZENITH AVENUE NORTH 10a2. 4708-12 TWIN LAKE AVENUE 02/23/15 -4- DRAFT 100. 6769 HUMBOLDT AVENUE NORTH 10a4. 4207 WINCHESTER LANE 10a5. RESOLUTION NO. 2015-36 APPROVING A TYPE IV RENTAL LICENSE FOR 4407 66TH AVENUE NORTH 10a6. RESOLUTION NO. 2015-37 APPROVING A TYPE IV RENTAL LICENSE FOR 507 69TH AVENUE NORTH 10a7. RESOLUTION NO. 2015-38 APPROVING A TYPE IV RENTAL LICENSE FOR 6007 GIRARD AVENUE NORTH 10a8. RESOLUTION NO. 2015-39 APPROVING A TYPE IV RENTAL LICENSE FOR 5307 HOWE LANE 100. RESOLUTION NO. 2015-40 APPROVING A TYPE IV RENTAL LICENSE FOR 7124 INDIANA AVENUE NORTH lOalO. RESOLUTION NO. 2015-41 APPROVING A TYPE IV RENTAL LICENSE FOR 6937 UNITY AVENUE NORTH Councilmember Myszkowski moved and Councilmember Ryan seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for the following: 6013 Zenith Avenue North; 4708-12 Twin Lake Avenue; 6769 Humboldt Avenue North; 4207 Winchester Lane; and Adopt RESOLUTION NO. 2015-36 Approving a Type IV Rental License for 4407 661th Avenue North; RESOLUTION NO. 20 15-37 Approving a Type IV Rental License for 507 691h Avenue North; RESOLUTION NO. 2015-38 Approving a Type IV Rental License for 6007 Girard Avenue North; RESOLUTION NO. 2015-39 Approving a Type IV Rental License for 5307 Howe Lane; RESOLUTION NO. 2015-40 Approving a Type IV Rental License for 7124 Indiana Avenue North; and, RESOLUTION NO. 2015-41 Approving a Type IV Rental License for 6937 Unity Avenue North, with the requirement that the mitigation plans and all applicable ordinances must be strictly adhered to before renewal licenses would be considered. Motion passed unanimously. lOb. AN ORDINANCE AMENDING CHAPTERS 2, 4, 5, 6, AND 9 OF THE BROOKLYN CENTER CITY CHARTER; SECTIONS 2.05A, 2.05B PARAGRAPH b, 4.06, 5.01, 6.02 SUBDIVISION 3 PARAGRAPHS (b) AND (c), AND 9.04 City Manager Boganey introduced the item, discussed the history, and stated the purpose of the proposed ordinance. Mayor Willson posed the question to City Attorney Troy Gilchrist regarding if the vote could take place since Councilmember Lawrence-Anderson was absent and all members of the City Council were needed to pass the amendment. Mr. Gilchrist confirmed that an affirmative vote of all members was needed in order to pass the amendment but for the first reading of the amendment, the four remaining Councilmembers could vote. Mayor Willson concurred with Mr. Gilchrist. 02/23/15 -5- DRAFT Mayor Willson explained that he took time to do a comparison of the full current City Charter and the new proposed language and could not find any conflicts involving the proposed language. Councilmember Ryan pointed out that some of the recommendations to the City Charter were actually proposed in order to meet State laws regarding special elections. Mr. Boganey concurred with Councilmember Ryan that if the City does not approve the proposed changes, then the City's Charter will not be in agreement with some State Statutes. Councilmember Ryan moved and Councilmember Graves seconded to approve first reading of An Ordinance Amending Chapters 2, 4, 5, 6, and 9 of the Brooklyn Center City Charter; Sections 2.05A, 2.05B Paragraph b, 4.06, 5.01, 6,02 Subdivision 3 Paragraphs (b) and (c), and 9.04 and set second reading and Public Hearing for March 23, 2015, 11. COUNCIL REPORT Councilmember Ryan reportedon his attendance at the following and provided information on the following upcoming events: • February 10, 2015, Attended Public Meeting of the Highway 252 Corridor • February 17, 2015, Attended the Local Chapter of My Brother's Keeper Meeting • February 24, 2015, Attended the Multi-Cultural Advisory Meeting • February 26, 2015, Will attend the BCBA Luncheon • March 9, 2015, Will be in Washington DC at the National League of Cities Conference Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: • February 10, 2015, Attended Public Meeting of the Highway 252 Corridor • February 16, 2015, Attended the First CEAP Food Share Meeting • February 18, 2015, Met with the 3rd District Congressman Eric Paulson • February 18, 2015, Attended CEAP's Executive Meeting Councilmember Myszkowski mentioned that there is a free tax preparation service available to qualified individuals through CEAP on a first-come, first-serve basis Tuesdays and Thursdays starting at 5:15 p.m. and Saturdays starting at 8:15 a.m. Councilmember Graves reported on her attendance at the following and provided information on the following upcoming events: • February 10, 2015, Attended the Native American Dance Rehearsal • February 11, 2015, Attended a Parent Group • February 13, 2015, Facilitated a Workshop called "Youth For Justice" • February 16, 2015, Attended theDistrict Advisory Meeting • February 17, 2015, Attended the Park and Recreation Commission Meeting • February 19, 2015, Celebrated Black History Month at Oak Park School • February 20, 2015, Attended Patrick Henry High School and spoke to the youth who was elected on to the School Board as a Full Member 02/23/15 -6- DRAFT Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: • February 10, 2015, Attended Public Meeting of the Highway 252 Corridor • February 11, 2015, Attended the Librarian Organization Meeting • February 11, 2015, Attended a Dangerous Dog Hearing • February 19, 2015, Attended the Metro-Blue Line CMC Meeting • February 19, 2015, Attended a Screening for "Selma" at the Regal Theater • February 24, 2015, Will attend the Multi-Cultural Advisory Meeting • March 4, 2015, Will attend the start of Brooklyn City University 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Myszkowski seconded adjournment of the City Council meeting at 7:34 p.m. Motion passed unanimously. 02/23/15 -7- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION FEBRUARY 23, 2015 CITY HALL - COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session called to order by Mayor/President Tim Willson at 8:17 p.m. ROLL CALL Mayor/President Tim Willson and Councilmembers/Commissioner April Graves, Lin Myszkowski, and Dan Ryan. Councilmembers/Commissioner Kris Lawrence-Anderson was absent and excused. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, and Brittney Berndt, TimeSaver Off Site Secretarial, Inc. SURFACE WATER MANAGEMENT PLAN UPDATE Public Works Director/City Engineer Steve Lillehaug introduced the item, discussed the history, and stated the purpose of the proposed Surface Water Management Plan. He explained that the City had two years to update the Shingle Creek/West Mississippi Watershed Management Commission's Generation Watershed Management Plan. There are new additions to the Water Plan that have not been included in the past. These additions can be found in Appendices A through L, which will help the City meet all the State guidelines. He added that the City has been operating under these Watershed rules currently, but adopting this Water Management Plan will make the current practices official. Councilmember/Commissioner Ryan questioned what is the difference between Hydrologic and Hydraulic. Mr. Lillehaug explained that "Hydrologic" is water that is at the surface level and "Hydraulic" is water that is handled underground. Mr. Lillehaug explained that they are still in the process of getting the plan adopted by the City. The first public hearing was held in October. After the public hearing, the consultant provided the City with a draft that was submitted to the Met Council for further review. After the Met Council reviews the Plan and returns comments to the City, then the final reading of the amendment can take place and it can be adopted by the City Council. 02/23/15 -1- DRAFT Mayor/President Willson expressed concerns regarding the hazards map of the City and asked Mr. Lillehaug how the City compared to the rest of the State. Mr. Lillehaug explained the map shows every site within a wide range of criteria from potential site to confirmed sites. He also expressed the importance of education to citizens regarding hazardous waste and protecting our drinking water reserves. Mayor/President Willson and Councilmember/Commissioner Ryan agreed that more strict guidelines from the State and education to the public needs to take place. Councilmember/Commissioner Myszkowski added that Mr. Lillehaug could potentially add an education piece about hazardous waste and drinking water to his section of Brooklyn Center University. Mr. Boganey concurred with that idea and added that one of the potential reasons there are so many sites identified within the City is because of the age of the City compared to other cities that might not have a 100-year history. Councilmember/Commissioner Graves concurred the education piece is important and suggested that the City reach out to cultural groups who value water. The majority consensus of the City Council/EDA was that the Surface Water Management Plan was well done, very extensive, and directed staff to move forward. ADJOURNMENT Councilmember/Commissioner Ryan moved and Councilmember/Commissioner Myszkowski seconded adjournment of the City Council/Economic Development Authority Work Session at 8:53 p.m. Motion passed unanimously. 02/23/15 -2- DRAFT City Council Agenda Item No. 6b COUNCIL ITEM MEMORANDUM DATE: March 3, 2015 TO: Curt Boganey, City Manager FROM: Maria Rosenbaum, Deputy City Clerk SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses on March 9, 2015. Background: The following businesses/persons have applied for City licenses as noted. Each business/person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Applicants for rental dwelling licenses are in compliance with Chapter 12 of the City Code of Ordinances, unless comments are noted below the property address on the attached rental report. MECHANICAL Absolute Mechanical LLC Crown Mechanical MMH Plumbing Inc. Wilson HVAC Co. RENTAL See attached report. 7338 Ohms Lane, Edina 1670 S. Robert Street, West St. Paul 306062 d Street SW, Waverly 15284117 th Street, Becker Mission: Ensuring an allracrive clean, saft, inclusive community that enhances the quality ojilfe fr all people and preserves the public trust COUNCIL ITEM MEMORANDUM Rental License Category Criteria Policy - Adopted by City Council 03-08-10 Property Code and Nuisance Violations Criteria License Category (Based on Property Number of Units Code Only) Property Code Violations per Inspected Unit Type I - 3 Year 1-2 units 0-1 3+ units 0-0.75 Type II —2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 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 Budget Issues: There are no budget issues to consider. 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C -oLO m I-LO (0 0 0 NCV(0 -lC u C u)00l 1NN 4 0 1 CC-N C Ca -1 LO (0 C Ca 0) Ca j (0 00 N f 0 00 0) Ca 0)N C U)Nomm Ci.N s-U)N Ci.LI) 0..LI)N (0 N LO LI)U)LI) I)..LI)(0 N LI)U) City Council Agenda Item No. 6c COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk J6W 4&dl^ DATE: March 2, 2015 SUBJECT: Application and Permit for Temporary On-Sale Liquor License Submitted by St. Alphonsus Church, 7025 Halifax Avenue North, for a Social Event to be Held April 25, 2015 Recommendation: It is recommended that the City Council consider approval of the application and permit for a temporary on-sale liquor license submitted by St. Alphonsus Church, 7025 Halifax Avenue North, for a social event to be held April 25, 2015. Background: St. Alphonsus Church, 7025 Halifax Avenue North, has submitted an application and permit for a temporary on-sale liquor license for a social event to be held April 25, 2015. The applicant has satisfied the City's requirements, submitted the $25 fee for each day of the license, along with a certificate of coverage for liquor liability insurance, and has existed as a religious organization for at least three years. After Council review, the application and permit will be forwarded to the Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division for approval. City Ordinance Section 11-107 (6) Temporary On-Sale Intoxicating Liquor License. This license may be issued only upon receiving the approval from the Commissioner of Public Safety. The license may be issued only in connection with a social event within the city that is sponsored by a club or charitable, religious, or other nonprofit organization that has existed for at least three years or to a brewer who manufactures fewer than 3,500 barrels of malt liquor in a year. The license may authorize the sale of intoxicating liquor to be consumed on the Premises for not more than three consecutive days, and the City shall issue no more than twelve days' worth of temporary licenses to any one organization or for any one location within a 12-month period. The temporary license may authorize the sale of intoxicating liquor to be consumed on Premises other than Premises the licensee owns or permanently occupies. The temporary license may provide that the licensee may contract for intoxicating liquor catering services with the holder of an On-Sale Intoxicating Liquor License issued by any municipality. Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, safe, inclusive cominunitj' that enhances the quality of ilfe for all people and preserves the public trust Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division 445 Minnesota Street, Suite 222, St. Paul, MN 55101 651-201-7500 Fax 651-297-5259 TTY 651-282-6555 APPLICATION AND PERMIT FOR A 1 DAY TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE L 6f:. Name of organization Date organized Tax exempt number St. Alphonsus Church 11/1/1959 1 JES32045 Address City State Zip Code17025 Halifax Ave N Center IMinnesota 155429 Name of person making application Business phone Home phoneIMichelle Karlson email:stalphonsusl@hotmail.com I763_503_3389 1763-561-5100 Date(s) of event Type of organizationISaturclay, April 25, 2015 fl Club 0 Charitable F1 Religious Other non-profit Organization officer's name City State Zip Fr. Peter Connolly, C.Ss.R. Brooklyn Center I lMinnesota l55429 Location where permit will be used. If an outdoor area, describe. St. Aiphonsus church C.Ss. R. hall If the applicant will contract for intoxicating liquor service give the name and address of the liquor license providing the service. If the applicant will carry liquor liability insurance please provide the carrier's name and amount of coverage. Catholic Mutual Relief Society of America APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL AND GAMBLING ENFORCEMENT Ci A-4 o 6 rô1Kqr £en+e 3 City/County Date Approved City Fee Amount Permit Date Date Fee Paid City/County E-mail Address Signature City Clerk or County Official Approved Director Alcohol and Gambling Enforcement CLERKS NOTICE: Submit this form to Alcohol and Gambling Enforcement Division 30 days prior to event. PLEASE PROVIDE A VALID E-MAIL ADDRESS FOR THE CITY/COUNTY AS ALL TEMPORARY PERMIT APPROVALS WILL BE SENT BACK VIA EMAIL. E-MAIL THE APPLICATION SIGNED BY CITY/COUNTY TO AGE.TEMPORARYAPPLICATION(STATE.MN.US Page 1 of 1 Date: 2/17/2015Certificate of Coverage. Certificate Holder This Certificate is issued as a matter of information only and thdiocese of St. Paul-Minneapolis confers no rights upon the holder of this certificate. This certificate nancery Office does not amend, extend or alter the coverage afforded below. 226 Summit Avenue St. Paul, MN 55102 Company Affording Coverage THE CATHOLIC MUTUAL RELIEF SOCIETY OF AMERICA Covered Location 10843 OLD MILL RD St. Alphonsus Catholic Church & School OMAHA, NE 68154 7025 Halifax Avenue North Brooklyn Center, MN 55429 Coverages This is to certify that the coverages listed below have been issued to the certificate holder named above for the certificate indicated, notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the coverage afforded described herein is subject to all the terms, exclusions and conditions of such coverage. Limits shown may have been reduced by paid claims. Type of Coverage Certificate Number Coverage Effective Date Coverage Expiration Date Limits Property Real & Personal Property D. General Liability Each Occurrence 500,000 General Aggregate Occurrence Claims MadeD 8589 7/1/2014 7/1/2015 Products-Comp/OP Agg Personal & Adv Injury Fire Damage (Any one fire) Med Exp (Any one person) Excess Liability 8589 7/1/2014 7/1/2015 Each Occurrence 500,000 Annual Aggregrate Other Each Occurrence Claims Made Annual Aggregrate Limit/Coverage Description of Operations/LocationsfVeliicles/Special Items (the following language supersedes any other language in this endorsement or the Certificate in conflict with this language) Coverage is verified with regard to covered Location's Gala-April In Paris, to be held on parish/school grounds, April 25, 2015. Includes Liquor Liability. Holder of Certificate Cancellation Should any of the above described coverages be cancelled before the expiration date thereof, the issuing company will "ity of Brooklyn Center endeavor to mail 30 days written notice to the holder of )I Shingle Creek Parkway certificate named to the left, but failure to mail such notice shall irooklyn Center, MN 55430 impose no obligation or liability of any kind upon the company, its agents or representatives. Authorized Representati 0111007815 City Council Agenda Item No. 6d [i[$1IJ[iJ I I I Dk'4 U'A I 3k'4 (I] 1iI t1$A'A I DATE: March 3, 2015 TO: Curt Boganey, City Manager FROM: Mike Albers, Project Manager THROUGH: Steve Lillehaug, Director of Public Works/City Engineer 5 SUBJECT: Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids, Improvement Project Nos. 2015-01, 02, 03 and 04, Freeway Park Area Street, Storm Drainage and Utility Improvements Recommendation: It is recommended that the City Council consider approval of the attached resolution approving plans and specifications and authorizing advertisement for bids, Improvement Project Nos, 2015- 01, 02, 03 and 04, Freeway Park Area Street, Storm Drainage and Utility Improvements. Background: On January 12, 2015, City Council conducted a series of two public hearings on the proposed Freeway Park Area Street, Storm Drainage and Utility Improvements. At that meeting, City Council ordered the improvements and directed staff to prepare plans and specifications for the project. Construction plans, specifications and contract documents have been prepared for the project. The overall scope of the project remains consistent with the improvements outlined in the feasibility study. Staff is prepared to begin the project bidding process upon authorization from the City Council. The bidding process would involve advertisement of the project in the City's official newspaper and in Finance and Commerce. Sealed bids would be collected, opened on a scheduled bid opening date, and tabulated by the City Clerk and City Engineer. Staff anticipates that the bid results will be presented to the city Council for consideration at the April 27, 2015, City Council meeting. Budget Issues: The total project cost is estimated to be $7,260,000. Funding sources for the project are budgeted from sources as described in the project feasibility report previously accepted by the City Council on December 8, 2014, and presented to the Council at the January 12, 2015, meeting. Strategic Priorities: o Vibrant Neighborhoods 4iission: Ensuring an allrrwlive, clean, safe, inclusive community that en/sauces the qualify of ItjC for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NOS. 2015-01, 02, 03 AND 04, FREEWAY PARK AREA STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS WHEREAS, the Brooklyn Center City Council, by Resolution No. 201544, ordered Improvement Project Nos. 2015-01, 02, 03 and 04 and authorized the preparation of plans and specifications for the Freeway Park Area Street, Storm Drainage and Utility Improvements; and WHEREAS, said plans and specifications have been prepared under the direction of the City Engineer, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1.The plans and specifications for Improvement Project No. 2015-01, 02, 03 and 04 are hereby approved and ordered filed with the City Clerk. 2.The City Clerk shall prepare and cause to be inserted in the official newspaper and in Finance and Commerce an advertisement for bids for the making of such improvements in accordance with the approved plans and specifications. The advertisement shall be published in accordance with Minnesota Statutes, shall specify the work to be done and shall state the time and location at which bids will be opened by the City Clerk and the City Manager or their designees. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the City of Brooklyn Center for 5 percent of the amount of such bid. March 9, 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. PROPOSED CURB & GUTTER .....EXISTING SANITARY SEWER .......PROPOSED SANITARY SEWER....EXISTING STORM SEWER.>> PROPOSED STORM SEWER >> EXISTING WATERMAIN W PROPOSED WATERMAIN W EXISTING SANITARY MANHOLE ................ ®PROPOSED SANITARY MANHOLE ............. EXISTING STORM MANHOLE ..................... PROPOSED STORM MANHOLE .................. EXISTING CATCH BASIN ...........................0PROPOSED CATCH BASIN ........................EXISTING HYDRANT ..................................PROPOSED HYDRANT ........................4 EXISTING GATE VALVE ............................. PROPOSED GATE VALVE .......................... EXISTING WATER MANHOLE .....................PROPOSED WATER MANHOLE ..................SEXISTING CURB BOX ................................ PROPOSED CURB BOX ............................ ......................0*U11UTY POLE, LIGHT POLEELECTRIC MANHOLE ................................. BURIED GAS MAIN ........................ BURIED GAD MAIN (ABANDONED) ------c<o) ELECTRIC (UNDERGROUND)........... ELECTRIC (OVERHEAD)Eo CABLE TV (UNDERGROUND)......... CABLE TV (OVERHEAD)Wa TELEPHONE (UNDERGROUND)....... TELEPHONE (OVERHEAD)TO FIBER OPTIC (UNDERGROUND)10 FIBER OPTIC (OVERHEAD)10 RIGHT—OF—WAY ............................PROPERTY LINE ............................FENCE ........................................... —x------x—xX- DECIDUOUS TREE.................... CONIFEROUS TREE.................. SHRUB ....................................© YARD UGHT............................ MAILBOX................................. SIGN ........................................IL PLAN REVISIONS DATE I SHEET NO. I APPROVED BY CITY OF BROOKLYN CENTER HENNEPIN COUNTY, MINNESOTA PLANS FOR GRADING, BITUMINOUS PAVING, CONCRETE CURB AND GUTTER, STORM SEWER, SANITARY SEWER, WATERMAIN AND MISCELLANEOUS CONSTRUCTION GOVERNING SPECIFICATIONS THE 2014 EDI110N OF THE MINNESOTA DEPARTMENT OF TRANSPORTATION STANDARD SPECIFICATIONS FOR CONSTRUCTION" AND THE 2014 EDI110N OF THE MATERIALS LAB SUPPLEMENTAL SPECIFICATIONS FOR CONSTRUCTION" SHALL GOVERN. 2015 FREEWAY PARK AREA STREET AND UTILITY IMPROVEMENTS INDEX SHEET NO. DESCRIPTION 1 TITLE SHEET 2 GENERAL LAYOUT 3-4 STATEMENT OF ESTIMATED QUANTITIES 5 CONSTRUCTION AND SOILS NOTES 6-8 TABULATIONS 9 SANITARY SEWER TABULATION 10-11 STORM SEWER TABULATION 12-13 TYPICAL SECTIONS 14-17 CITY OF BROOKLYN CENTER STANDARD PLATES 18-20 STORM WATER POLLUTION PREVENTION PLAN 21 STAGING PLAN 22-27 REMOVAL PLANS 28-44 STORM SEWER AND STREET CONSTRUCTION PLANS 45-48 MISCELLANEOUS STORM SEWER PROFILE DRAWINGS 49-66 SANITARY SEWER AND WATERMAIN PLANS 67-70 INTERSECTION DETAILS 71-73 PEDESTRIAN CURB RAMP DETAILS 74 SIGNAL PLAN 75 STRIPING PLAN 76 STORAGE YARD PLAN 77-78 MISCELLANEOUS DRIVEWAY REPAIRS 79-141 CROSS SECTIONS THIS PLAN CONTAINS 141 SHEETS. CITY OF BROOKLYN CENTER 1-JENNEPIN COUNTY, MINNESOTA SCALES I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR REPORT WAS PLANL N I 50' PREPARED BY ME OR UNDER MY DIRECT SUPERVISION, AND THAT I I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS PROFILE 50' OF THE STATE OF MINNESOTAHORIZ. VERTICAL SIGNATURE: DATE:__________ PRINTED NAME: MICHAEL J. ALBERS LIC. NO. 47074 PROJECT LOCATION COUNTY: HENNEPIN DISTRICT: METRO DATE: APPROVED: BROOKLYN CENTER CITY ENGINEER I I THE SUBSURFACE UTILITY INFORMATION IN THIS PLAN IS UTILITY QUALITY LEVEL D. THIS UTILITY QUALITY LEVEL WAS 5'I ALL TRAFFIC CONTROL DEVTCES SHALL CONFORM AND BE INSTALLED IN ACCORDANCE TO THE MINNESOTA MANUAL DETERMINED ACCORDING TO THE GUIDELINES OF O/ASCE 36-02, ENTITLED -STANDARD GUIDELINES FOR THE COLLECTION i ON UNIFORM TRAFFIC CONTROL DEVICES' (MN MUTCO) AND PART V1, FIELD MANUAL FOR TEMPORARY TRAFFIC AND DEPICTION OF EXISTING SUBSURFACE UTILITY DATA. CONTROL ZONE LAYOUTS'. THE BURIED UTILITY UNE LOCATIONS SHOWN ON THE PLAN SHEETS ARE ONLY APPROXIMATE. CONTRACTOR SHALL CALL 'GOPHER STATE ONE CALL' (651-454-0002) FOR EXACT LOCATIONS BEFORE COMMENCING WORK. I SHEET NO ........ ........ OF ................ SHEETS R7p _ _.: 53 32 26 -----k; Hrz1_i: 581jJ 1T: ----- _ Aq All 14 ('E 1i? r_i \ ø Ill t : I 1H-4-; 34: /i:E :' I/ :,'2 - 444 b :T JEI 4 1E 4N ' A I cIETT\ ;Ll F :L 4 :I t \ j'=z: !1 L -- j7-Hi>I= 1rj b:a :n r11I:1i :1If,'&: I AJi1i&:]: (\ ,-ii::i JD i--- - ____] _v--- L_LL g 523126 LJ ii ' 'j iJ 175 'L LjI ' 'i' \ rTI I: 1rij L IL1 LU -oft ; p1L1 ;H L 1 i ' /' I i -L 4* *Li r j- ni n < ---! II ,c.;:17?,I I 17 c __±-MIi 5 - _LL U _ .t Li to _L - - II1---1- -. - I—__1 , r 'L- r 1$'; lL lTB lJ El jL w 9 I L111i 11TJ11T:iiI fl Se ! ELa ____ , I -4 I ' / ,/ ji I A .. ':: • 7 1b .. ' . ., I I . ' '.• *LEGEND ' J/ / @ SANITARY SEWER AND WATER MAIN CONSTRUCTION PLAN , /1 OL .STORM SEWER AND STREET CONSTRUCTION PLAN / /L pk--, 6:6 5 @ REMOVAL PLAN 120 0 120 240 - I I PROPOSED CONSTRUC110N AREA ., SCALE FEETol 4) NO.DATE BY I REVISION I I CITY OF I I HEREBY CERTIFY THAT THIS PLAN, EOF1CA11OtI, CIA REPORTRRT WAS PREPARED BY ME CIALWD€R MY DIRECT 9JSUPERVISIONAHO THAT I MI A DIY LICENSED PROFESSION IW II DESIGN BY MA I I FREEWAY PARK AREA STREET AND UTILITY IMPROVEMENTS I Sheet C I II I I II I.HAOER THE LAWS THE STATE C MINNESOTA.I CITY PROJECT NOS.2IIIIIII BROOKLYN CENTER I DRAY,1'1 BY1 I 2015-01, I I I I I ________________ DATE: _____SIGNATURE: _______________________ -CHECKED BY MA 02, 03 & b 4 GENERAL LAYOUT Of I HENNEPIN COUNW, MINNESOTA I PRINTED NAME: MICHAEL J. ALBERS UC. NO. 47074 DATE ______________3/15 I City Council Agenda Item No. 6e II1UJ I I I 3k'4 I'A I 3W'A (I] 1II UIJ I DATE: March 3, 2015 TO: Curt Boganey, City Manager FROM: I Mike Albers, Project Manager THROUGH: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: Resolution Establishing Parking Restrictions for segments on 63id Avenue from Orchard Avenue to Brooklyn Boulevard Recommendation: It is recommended that the City Council approve the resolution establishing no-parking .restrictions along the north side of 63 d Avenue from Halifax Drive to Brooklyn Boulevard; the south side of 63' Avenue from Orchard Avenue to Major Avenue; and the south side of 63 td Avenue from France Avenue to Brooklyn Boulevard, in accordance with Municipal State Aid (MSA) requirements. Background: Street improvements are currently being coordinated and considered for 63" Avenue between Brooklyn Boulevard and the west city limits in accordance with the 2015 Capital Improvements Program (see attached figure). 63 d Avenue is designated as a MSA route, which allows the City to expend MSA gas tax funding for a portion of the construction costs for this project. The MSA approval process includes certain standards for street widths and on-street parking that must be followed as prescribed in Minnesota Rule 8820.9936. The state aid route listed above as proposed will generally be 38-feet wide between Brooklyn Boulevard and the west city limits. This street width is sufficient to allow on-street parking on both sides of the street based on MSA design standards, except between Orchard Avenue and Major Avenue and between Halifax Drive and Brooklyn Boulevard. Parking along 63 d Avenue is currently allowed on both sides between France Avenue and the west city limits. The proposed resolution would officially establish No-Parking Zones along 63rd Avenue near the signalized intersection of Brooklyn Boulevard and between Orchard Avenue and Major Avenue (see attached figure). This action is required as a condition of plan approval from the Minnesota Department of Transportation. Budget Issues: Installation of new No-Parking signs is included in the project cost for the street improvement project. Routine replacement of the new signs that occurs approximately every 14 years will be input into our asset management system and will be included in future operating budgets. No additional budget issues are involved with officially adopting the current parking restrictions. Strategic Priorities: Vibrant Neighborhoods 1'Iisxioiz: Ensurh(ky an attractive, clean, sfi? inc/us/ic cwninnnhfy that enhances the qua/i/v of life for till people aiidpreseii'es the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING PARKING RESTRICTIONS FOR SEGMENTS ON 63 AVENUE FROM ORCHARD AVENUE TO BROOKLYN BOULEVARD WHEREAS, the City of Brooklyn Center has planned the improvement of 63rd Avenue between Brooklyn Boulevard and the west city limits within the City of Brooklyn Center, Minnesota; and WHEREAS, the City of Brooklyn Center will be expending Municipal State Aid Funds on the improvements of said streets; and WHEREAS, the proposed street improvements do not provide adequate' width for parking on both sides of the street between Orchard Avenue and Major Avenue and between Halifax Drive and Brooklyn Boulevard; and WHEREAS, approval of the planned construction improvements as a Municipal State Aid Street project must therefore be conditioned upon certain parking restrictions to meet the minimum roadway design standards in accordance with Minnesota Rule 8820.9936. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the City shall ban the parking of motor vehicles at all times on the following street segments: 1.The north side of 63 d Avenue from Halifax Drive to Brooklyn Boulevard 2.The south side of 63id Avenue from Orchard Avenue to Major Avenue 3. The south side of 63' Avenue from France Avenue to Brooklyn Boulevard March 9, 2015 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. z Ui>4 4z z z Ui>Ui w (3 1—LI El I Cr [III LII I— 1] [1] 0 100 200 Ui >-I__I 'scale In feet -AL El H co H fl fl ___________________________________________ (3 LJL-i - )( )( )( )( ( k J k________________J) Ui 63RD AVE N — -. __________ ___________________________________________________________7El Z.1 FL LI Eu LI []z NO—PARKING ZONE> >- Ui w (SOUTH SIDE ONLY)4 4 -4 > > I— I-0 I— H - z (3 Ui -'(0 4 -4:3 Ui(0 Ui on-J 0 / -4 -40 Ui Ui x 0Ui > 4 0 100 200 z .i Ui scale In feet 4 LdZ 4 NO—PARKING ZONE (NORTH SIDE ONLY)LLI _j z H J4LI LIEu i \ 63D LALj ' S S II II _____ _____ H H H H H U rNO—PARKING ZONE1 (SOUTH SIDE ONLY) LI [IL] Al Ui Ui > LI Eu zI1 z Ui 4 NO—PARKING ZONE -4 > > Ui (SOUTH SIDE ONLY) Ui Ui Ui > -) Z Ui-4 >LLIt (0zH Ui NO PARKING ZONES Figure 1__J WIN -Consulting Group, Inc. 63RD AVENUE RECONSTRUCTION PROJECT Job #8651 CITY OF BROOKLYN CENTER3/2/2015 City Council Agenda Item No. 7a COUNCIL ITEM MEMORANDUM DATE: March 3, 2015 TO: Curt Boganey, City Manager FROM: Jim Glasoe, Director of Community Activities, Tj 1 Recreation and Services SUBJECT: Resolution Expressing Appreciation for the Donation of the Brooklyn Center American Legion Post 630 in Support of the 2015 CSI Safety Academy Recommendation: It is recommended that the City Council consider approval/adoption of a resolution accepting and recognizing a donation from the Brooklyn Center American Legion Post 630 in support of the 2015 CSI Safety Academy. Background: The Brooklyn Center American Legion Post 630 has provided to the City a check for $500 and asks that it be used to support the 2015 CSI Safety Academy program. With this donation, the Brooklyn Center Legion Post 620 has, once again, gone "above and beyond" in supporting the City of Brooklyn Center and creating a safer community. Budget Issues: Staff asks that the donation be allocated to the designated program budget. Council Goals: . Civic Engagement 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 EXPRESSING APPRECIATION FOR THE DONATION OF THE BROOKLYN CENTER AMERICAN LEGION POST 630 IN SUPPORT OF THE 2015 CSI SAFETY ACADEMY WHEREAS, the Brooklyn Center American Legion Post 630 has presented to the City a donation of Five Hundred Dollars ($500), and WHEREAS, they have designated that the donation be used to support the 2015 CSI Safety Academy program, and WHEREAS, the City Council is appreciative of this donation and commends the Brooklyn Center American Legion Post 630 for its civic efforts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota: 1.Acknowledges the donation with gratitude. 2.Allocates the donation to the designated program account. March 9, 20 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 8a COUNCIL ITEM MEMORANDUM DATE: March 9, 2015 TO: Curt Boganey, City Manager FROM: Vickie Schleuning, Assistant City Manager/Director of Building and Community Standards SUBJECT: Public Hearings on Proposed Special Assessments for Diseased Tree Removal Costs and Weed Removal Costs Recommendation: It is recommended that the City Council conduct the Public Hearings and consider approval of the attached resolutions certifying special assessments for Diseased Tree Removal Costs and Weed Removal Costs. Background: Two Public Hearings are scheduled for March 9, 2015 to consider certification of proposed special assessments. The City Council called for a March 9, 2015 Public Hearing at its February 9, 2015 meeting. All potentially affected property owners have been notified by certified mail of the date of the Public Hearing and the amount of the proposed special assessments. As of March 6, 2015, no formal appeals have been made to City staff since the February 9, 2015 Council meeting. The following is a brief summary of the minimum process involved in City-facilitated abatements. / • A written Compliance Notice is provided to the owner of record. In addition to notifying the owner of record, in certain cases, properties may be posted or other responsible parties may be notified. • A follow up inspection is conducted to verify compliance. • If compliance is not achieved, the City will take corrective actions to remove the public nuisance or hazard. In certain cases, the property owner may provide written agreement to a City-facilitated abatement. • The City bills the owner of record for the portion of costs the City has incurred directly related to the abatement action. A service charge is applied to help recover city costs associated with the entire abatement process- inspections, notifications, invoicing, administrative systems, etc. • The direct costs of the abatement are recorded as pending special assessments and this information is available to the public. When a property is sold, agencies or parties often conduct property searches to determine the pending and levied special assessment amounts. Payments of any pending or levied special assessment should be determined by the sellers and buyers as part of the sales transactions. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Recommended Council Procedure Staff recommends that the City Council conduct the hearings concurrently. The attached resolutions certifying the assessments to the Hennepin County tax rolls are provided for Council consideration upon closing of the Public Hearings. If any additional property owner files an appeal with the City Clerk prior to the Public Hearing, or should any person appear at the hearing and object to an assessment, staff recommends that the Council refer any substantive objections to staff for a report back to the Council at a continued hearing. An example might be an issue whereby staff would need to research the history of a particular complaint and assemble documentation. The Council should consider removing the objection related assessment from the proposed levy roll and adopting the remaining proposed assessments. If an appeal for a specific property is filed within district court, the City Attorney will advise the Council of options for handling the dispute and potential litigation issues. Payment Options available to Property Owners Once an assessment roll is adopted by the Council, the owner of each property has the following options: 1.Pay the entire amount of the special assessment, without interest, between March 10, 2015 and April 8, 2015. 2.After April 8, 2015 through November 25, 2015, the property owner may pay the total special assessment plus accumulated interest (4.0 percent) through the date of payment. 3. If payments are made with property taxes, the first payment will be due with taxes in 2016. The total principal will be payable in annual installments for the period stated on the levy roll and as indicated below. Interest of 4.0 percent is accrued on the unpaid balance. Diseased Tree Removal Costs Five Year Weed Removal Costs One Year Partial prepayments (such as paying half now and certifying the balance) are not allowed under current assessment policy. Mission: Ensuring an attractive, clean, Safe community i/ial enhances the quality of life and preserves the public tills! COUNCIL ITEM MEMORANDUM Budget Issues: The levy roll for diseased tree removal costs totals $17,518.75. The levy roll for weed removal costs totals $27,315.35'. However, the list will be updated as appropriate for the Council Meeting reflecting payments made by March 6, 2015. Attachment: Resolutions- Diseased Tree Removal Weed Removal List of Levied Properties- The list will be updated for the Council Meeting based on payments made by March 6, 2015. Strategic Priorities: • Financial Stability • Vibrant Neighborhoods 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 CERTIFYING SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the City of Brooklyn Center has caused the removal of trees on certain properties within the City during 2014 under the authority of Minnesota Statutes, Section 18G. 13, City Ordinance Section 20-301 through 20-306 and/or by written agreement with the owners of such property; and WHEREAS, on March 9, 2015, certain tree removal costs remained unpaid; and WHEREAS, an assessment roll for unpaid accounts during 2014, a copy of which is attached hereto and made part hereof by reference, has been prepared by the City Clerk, tabulating those properties where tree removal costs are to be assessed, together with the amounts proposed to be assessed to each property; and WHEREAS, Minnesota State Statute authorizes the certification of delinquent tree removal costs to the County tax rolls for collection; and WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for tree removal costs. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1.The special assessment roll of tree removal costs incurred during the year 2014 is hereby adopted and certified as Levy No. 19064. 2.The special assessments as adopted and confirmed shall be payable in equal annual installments with interest thereon at four (4) percent per annum, extending over a period of five years. The first of the installments shall be payable with ad valorem taxes in 2016, and shall bear interest on the entire assessment from April 8, 2015 through November 25, 2015. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may at any time prior to the certification of the assessment to the County Auditor pay the whole of the assessment, to the City, without interest, if the entire assessment is paid on or before April 7, 2015. After April 7, 2014, he or she may pay the total special assessment, plus interest. Interest will accumulate from April 8, 2015 through RESOLUTION NO. the date of payment. Such payment must be made by the close of business November 25, 2015 or interest will be charged through December 31 of the succeeding year. 4. The City Clerk shall forthwith transmit a certified duplication of this assessment to the County Auditor to be extended on the proper tax lists of the county and such assessments shall be collected and paid over in the same manner as other municipal taxes. March 9, 2015 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: whereon said resolution was declared duly passed and adopted. Amended Special Assessment Certified Roll (Trees) 2014 Tree Removal Printed March 02, 2015 Municipal Code No. 22 Levy Runs Five Years Capital Special Total Pending Interest Assessment Amount Levy No.Property Address Property ID Amount Charge Charge Certified 19064 5301 Emerson Ave N 01-118-21-33-0124 550.00 30.00 30.00 610.00 19064 5900 Xerxes AveN 02-118-21-22-0026 950.00 30,00 30.00 1,010.00 19064 5542 Irving AveN 02-118-21-41-0021 900.00 30.00 30.00 960.00 19064 5626 Logan Ave N 02-118-21-41-0079 1,650.00 30.00 30.00 1,710.00 19064 6018 Admiral P1 03-118-21-12-0039 200.00 30.00 30.00 260.00 19064 6013 Halifax P1 03-118-21-21-0055 3,200.00 30.00 30.00 3,260.00 19064 600l Halifax Pl 03-118-21-21-0056 1,150.00 30.00 30.00 1,210.00 19064 52l9 Ewing Ave N 10-118-21-12-0060 1,650.00 30.00 30,00 1,710.00 19064 68l2 Perry Ave N 33-119-21-11-0034 500.00 30.00 30.00 560.00 19064 6730 Regent Ave N 33-119-21-11-0098 875.00 30.00 30.00 935.00 19064 6825 Toledo AveN 33-119-21-12-0013 156.25 30.00 30.00 216.25 19064 6730 Scott AveN 33-119-21-12-0075 237.50 30.00 30.00 297.50 19064 5113 Winchester La 33-119-21-13-0030 5,500.00 30.00 30.00 5,560.00 Total: 18,298.75 City of Brooklyn Center - 6301 shingle Creek Parkway -Brooklyn Center MN 55430 Page 1 of 1 Member introduced the following resolution and moves its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR WEED REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the City of Brooklyn Center has caused noxious weeds and tall grass to be cut down on properties within the City under the authority of Minnesota Statues Section 18.78 and City Ordinance Section 19-1601 through 19-1604; and WHEREAS, on March 9, 2015, certain weed destruction accounts for removal of said weeds and tall grass costs remained unpaid; and WHEREAS, an assessment roll for unpaid accounts from 2014, a copy of which is attached hereto and made part hereof by reference, has been prepared by the City Clerk, tabulating those properties where unpaid weed destruction account costs are to be assessed to each property; and WHEREAS, Minnesota State Statute authorizes the certification of delinquent weed destruction accounts to the County tax rolls for collection; and WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for weed destruction costs. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1.The special assessment roll of unpaid weed destruction accounts incurred during the year 2014 is hereby adopted and certified as Levy No. 19065. 2.The special assessments as adopted and confirmed shall be payable with ad valorem taxes in 2016, in one annual installment with interest thereon at four (4) percent per annum and shall bear interest on the entire assessment from April 8, 2015 through December 31, 2016. The owner of any property so assessed may at any time prior to the certification of the assessment to the County Auditor pay the whole of the assessment, to the City Treasurer, without interest, if the entire assessment is paid on or before April 7, 2015. After April 7, 2015, he or she may pay the total special assessment, plus interest. Interest will accumulate from April 8, 2015 through the date of payment. Such payment must be made by the close of business November 25, 2015 or interest will be charged through December 31 of the succeeding year. RESOLUTION NO. 4. The City Clerk shall forthwith transmit a certified duplication of this assessment to the County Auditor to be extended on the proper tax lists of the county and such assessments shall be collected and paid over in the same manner as other municipal taxes. March 9. 2015 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: whereon said resolution was declared duly passed and adopted. Amended Special Assessment Certified Roll (Grass/Weeds) 2014 Weed Destruction Printed March 02, 2015 Municipal Code No. 22 Levy Runs One Year Capital Special Total Pending Interest Assessment Amount Levy No.PropertyAddress Property ID Amount Charge Charge Certified 19065 6042 Dupont Ave N 01-118-21-21-0046 282.26 10.00 30.00 322.26 19065 6001 Camden Ave N 01-118-21-21-0069 282.26 10.00 30.00 322.26 19065 6047 Dupont Ave N 01-118-21-22-0030 270.23 10.00 30.00 310.23 19065 5920 Fremont Ave N 01-118-21-22-0094 516.42 10.00 30.00 556.42 19065 5700 Girard Ave N 01-118-21-23-0014 100.00 10.00 30.00 140.00 19065 5725 Emerson AveN 01-118-21-23-0032 786.65 10.00 30.00 826.65 19065 5807 Emerson AveN 01-118-21-23-0075 100.00 10.00 30.00 140.00 19065 5800 Dupont Ave N 01-118-21-24-0025 100.00 10.00 30.00 140.00 19065 5759 Bryant Ave N 01-118-21-24-0049 100.00 10,00 30.00 140.00 19065 816 57th Ave N 01-118-21-24-0066 294.28 10.00 30.00 334.28 19065 5 838 Bryant Ave N 01-118-21-24-0091 100.00 10.00 30.00 140.00 19065 563O Colfax Ave N 01-118-21-31-0012 270.23 10.00 30.00 310.23 19065 5525 Colfax Ave N 01-118-21-31-0072 246.19 10.00 30.00 286,19 19065 5500 Emerson Ave N 01-118-21-32-0124 516.42 10.00 30.00 556.42 19065 5301 Girard Ave N 01-118-21-33-0017 270.23 10.00 30.00 310.23 19065 5448 Girard Ave N 01-118-21-33-0052 100.00 10.00 30.00 140,00 19065 5441 Dupont AveN 01-118-21-33-0076 1,032.84 10.00 30.00 1,072.84 19065 5455 Emerson Ave N 01-118-21-33-0091 100.00 10.00 30,00 140.00 19065 5355 Emerson Ave N 01-118-21-33-0111 984.76 10.00 30.00 1,024,76 19065 5339 Emerson AveN 01-118-21-33-0114 100.00 10.00 30.00 140,00 19065 5420 Fremont Ave N 01-118-21-33-0168 100.00 10.00 30.00 140.00 19065 5320 Colfax Ave N 01-118-21-34-0076 270,23 10.00 30.00 310.23 19065 5305 Bryant Ave N 01-118-21-34-0078 492.38 10.00 30.00 532,38 19065 5301 Colfax Ave N 01-118-21-34-0087 516.42 10.00 30.00 556.42 19065 821 BeilvueLa 01-118-21-34-0135 930.94 10.00 30.00 970.94 19065 5448 Camden AveN 01-118-21-43-0048 100.00 10.00 30.00 140,00 19065 5433 4th StN 01-118-21-43-0056 100.00 10.00 30.00 140.00 19065 5441 4th StN 01-118-21-43-0091 200.00 10.00 30.00 240.00 19065 5900 Vincent Ave N 02-118-21-22-0062 246,19 10.00 30.00 286,19 19065 2348 BrookviewDr 02-118-21-31-0047 528.44 10.00 30.00 568,44 19065 5605 Humboldt Ave N 02-118-21-41-0006 100.00 10.00 30.00 140,00 19065 5509 Oliver Ave N 02-118-21-42-0070 100.00 10.00 30.00 140,00 19065 2106EriconDr 02-118-21-42-0101 1,104.98 10.00 30,00 1,144.98 19065 5337 Newton Ave N 02-118-21-43-0016 246.19 10.00 30.00 286.19 19065 5401 Oliver Ave N 02-118-21-43-0126 540.47 10.00 30.00 580.47 19065 5329 Irving Ave N 02-118-21-44-0049 246.19 10.00 30.00 286.19 19065 5310 Knox Ave N 02-118-21-44-0062 100,00 10.00 30.00 140.00 19065 543O Irving Ave N 02-118-2144-0078 100.00 10.00 30.00 140.00 19065 6006 Ewing Ave N 03-118-21-12-0022 270.23 10.00 30.00 310.23 19065 5918 Admiral La 03-118-21-12-0099 318,33 10.00 30.00 358.33 19065 5821 Drew Ave N 03-118-21-13-0026 100.00 10.00 30,00 140.00 19065 5801 Drew Ave N 03-118-21-13-0029 370,23 10.00 30.00 410.23 19065 5713 Halifax AveN 03-118-21-24-0005 100,00 10.00 30.00 140.00 19065 S808 Pearson Dr 03-118-21-24-0064 258.21 10.00 30.00 298.21 City of Brooklyn Center - 6301 Shingle Creek Parkway 'Brooklyn Center MN 55430 'Page 1 of 2 Levy No.Property Address 19065 5549 Brooklyn Blvd 19065 5201 Xerxes Ave N 19065 5219 Ewing Ave N 19065 5201 Ewing AveN 19065 5030 Lilac Dr 19065 5127 Twin Lake Blvd 19065 3825 5lst Ave N 19065 1112 Emerson La 19065 7242 Newton Ave N 19065 6901 Morgan AveN 19065 7025 Logan AveN 19065 7006 Morgan Ave N 19065 1707 7Oth Ave N 19065 7037 Humboldt Ave N 19065 7125 June Ave N 19065 6906 Grimes AveN 19065 6910 France Ave N 19065 6913 Regent Ave N 19065 6907 Regent AveN 19065 6931 Perry Ave N 19065 6839 Perry Ave N 19065 6703 Perry Ave N 19065 6842 Regent Ave N 19065 6319 Scott Ave N 19065 6724 France AveN 19065 3112 67th Ave N 19065 6337 June AveN 19065 6201 Lee Ave N 19065 3813 Janet La 19065 3807 62nd Ave N 19065 3218 64th Ave N 19065 2101 Freeway Blvd 19065 6206 Xerxes Ave N 19065 6811 Bryant Ave N 19065 6811 Colfax Ave N 19065 6807 Dupont AveN 19065 6731 Dupont Ave N 19065 6100 Girard Ave N 19065 6330 Camden AveN 19065 6109 Lyndale Ave N Property ID 03-118-21-42-0018 10-118-21-11-0023 10-118-21-12-0060 10-118-21-12-0063 10-118-21-13-0035 10-118-21-21-0004 10-118-21-24-0022 25-119-21-33-0015 26-119-21-42-0068 26-119-21-43-0018 26-119-21-43-0042 26-119-21-43-0052 26-119-21-44-0040 26-119-21-44-0061 27-119-21-32-0113 27-119-21-34-0067 27-119-21-43-0062 28-119-21-43-0005 28-119-21-43-0006 28-119-21-44-0005 33-119-21-11-0038 33-119-21-11-0060 33-119-21-11-0088 33-119-21-42-0073 34-119-21-12-0012 34-119-21-14-0004 34-119-21-32-0061 34-119-21-33-0052 34-119-21-34-0032 34-119-21-34-0073 34-119-21-41-0028 35-119-21-13-0006 35-119-21-33-0058 36-119-21-21-0030 36-119-21-21-0116 36-119-21-22-0008 36-119-21-22-0012 36-119-21-33-0011 36-119-21-42-0020 36-119-21-43-0023 Amended Special Assessment Certified Roll (Grass/Weeds) 2014 Weed Destruction Printed March 02, 2015 Municipal Code No. 22 Levy Runs One Year Capital Special Iii Pending Interest Assessment Amount Amount Charge Charge Certified 100.00 10.00 30.00 140.00 246.19 10.00 30.00 286.19 762.61 10.00 30,00 802.61 564.51 10.00 30.00 604.51 246.19 10.00 30.00 286.19 834.75 10.00 30.00 874.75 270.23 10.00 30.00 310.23 100.00 10,00 30.00 140.00 246.19 10.00 30.00 286.19 246,19 10.00 30.00 286.19 258.21 10.00 30.00 298.21 258.21 10.00 30.00 298.21 246.19 10.00 30.00 286.19 528.45 10.00 30.00 568.45 246.19 10.00 30.00 286.19 306.30 10.00 30.00 346.30 528.44 10.00 30.00 568.44 100.00 10.00 30.00 140.00 270.23 10.00 30.00 310.23 258.21 10.00 30.00 298.21 294.28 10,00 30.00 334.28 810,71 10.00 30.00 850.71 516.42 10.00 30.00 556.42 100.00 10.00 30.00 140.00 100,00 10.00 30.00 140.00 294.28 10.00 30.00 334.28 100.00 10.00 30.00 140.00 246.19 10.00 30.00 286.19 246.19 10.00 30.00 286.19 246.19 10.00 30.00 286.19 406.30 10.00 30.00 446.30 646.77 10.00 30.00 686.77 100.00 10.00 30.00 140.00 100.00 10.00 30.00 140.00 540.47 10.00 30,00 580.47 270.23 10.00 30.00 310.23 246.19 10.00 30.00 286.19 516.42 10.00 30,00 556.42 679.03 10.00 30.00 719.03 246.19 10.00 30.00 286,19 Total: 30,675.35 City of Brooklyn Center - 6301 Shingle Creek Parkway - Brooklyn Center MN 55430 Page 2 of 2 City Council Agenda Item No. 9a I]JJ[Iifl UiIDIYA Uk!AiIah'AI(I) 1.iI!flhJI71I DATE: March 9, 2015 TO: Curt Boganey, City Manager FROM: Tim Benetti, Planning and Zoning Specialist THROUGH: Gary Eitel, Director of Business and Development SUBJECT: Resolution Regarding the Disposition of Planning Commission Application No. 2015-001, submitted by SCP Distributors and Capital Partners LLP for Special Use Permit to allow an Outdoor Storage and Sales Display Area in the I-i (Industrial Park) District, located at 6840 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. 2015-001 submitted by SCP Distributors and Capital Partners LLP for Special Use Permit to allow an Outdoor Storage and Sales Display Area in the I-i (Industrial Park) District, located at 6840 Shingle Creek Parkway. Background: On February 26, 2015, the Planning Commission considered Planning Commission Application No. 2015-001 under a public hearing process. This special use permit is the first application of this type to be considered under City Ordinance No. 2015-02, which amended Ch. 35 - Zoning. The subject property is located in the I-i (Industrial Park) District. Outdoor storage and display of materials, equipment, and products accessory and necessary to a principal or permitted use is only allowed on this site (and zoning district) by means of a special use permit. At the February 26 th meeting, the Planning Commission conducted a public hearing on this item, and received no comments (for or against) regarding this application. Excerpt minutes from this meeting are attached for the Council's review. Also attached for Council consideration is the Planning Staff Report regarding Application No. 2015-001, along with a copy of adopted Planning Commission Resolution No. 2015-01, in which the Commission provides a favorable and unanimous (5-0) recommendation of this special use permit application. Budget Issues: There are no budget issues to consider. Strategic Priorities: o Community Image Allssioi,: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life For all people amid preserves tli e public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. 2015- RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2015-001 SUBMITTED BY SCP DISTRIBUTORS AND CAPITAL PARTNERS, LLP FOR SPECIAL USE PERMIT TO ALLOW AN OUTDOOR STORAGE AREA AND OUTDOOR SALES DISPLAY AREA IN THE I-i (INDUSTRIAL PARK) DISTRICT, LOCATED AT 6840 SHINGLE CREEK PARKWAY WHEREAS, Planning Commission Application No. 2015-001 submitted by SCP Distributors and Capital Partners, LLP, ("Applicant") proposes a special use permit allowing an outdoor storage area and outdoor sales display area located at 6840 Shingle Creek Parkway ("Subject Property"); and WHEREAS, the Subject Property is situated in the 1-1 (Industrial Park) District and pursuant to City Code Section 35-330; Subd. 3.i. "Outdoor storage and display of materials, equipment, and products accessory and necessary to a principal or permitted use" is permitted by special use permit under the I-i District, and the Applicant has submitted such application to the City of Brooklyn Center for official consideration under Planning Application No. 2015-001; and WHEREAS, the Planning Commission held a duly noticed and called public hearing on February 26, 2015, whereby a planning staff report was presented, and public testimony regarding the special use permit were received and noted for the record; and WHEREAS, the Planning Commission considered the Special Use Permit request 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. WHEREAS, the Planning Commission determined that Planning Application No. 2015-001 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 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. 2015 - 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. 2015-01, which provides a favorable and unanimous recommendation to the City Council that Planning Application No. 2015-001, a special use permit allowing an outdoor storage area and outdoor sales display area located at 6840 Shingle Creek Parkway, may be approved with certain conditions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that a special use permit allowing an outdoor storage area and outdoor sales display area located at 6840 Shingle Creek Parkway is hereby approved, subject to the following conditions: 1)All standards as noted under City Code Section 35-330; Subsection 3. i. shall be completed or complied with during the full duration and operation of this outdoor storage and sales display area at the subject site. 2)The Applicant shall provide an effective screen along the south side of the storage area by either a solid screen fence or with similar open style fencing along the other three sides, with landscaping consisting of evergreen materials for year- round screening measures. 3)Any expansion or alteration of the proposed outdoor storage area as approved under this site plan and city council approvals shall require an amendment to the Special Use Permit. 4)No outdoor music or loud speakers will be allowed in and around the outdoor storage areas. 5)The outdoor storage areas must be locked-up or secured after regular business or non-operating hours. 6)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 hung on the outer fencing or outside the storage areas. RESOLUTION NO. 2015 - 7) City Ordinance No. 2015-02 (noted herein) does not become effective until March 21, 2015. This special use permit shall become null and void should the effective date of this ordinance be delayed for some reason; or the ordinance is deemed invalid by a district court ruling. March 9, 2015 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA FEBRUARY 26, 2015 1.CALL TO ORDER The Planning Commission meeting was called to order by Chair Burfeind at 7:05 p.m. 2.ROLL CALL Chair Scott Burfeind, Commissioners Randy Christensen, Stephen Schonning, and Rochelle Sweeney were present. Commissioner Carlos Morgan arrived after roll call at 7:07 p.m. Commissioner Benjamin Freedman was absent. Also present were Secretary to the Planning Commission Tim Benetti, Director of Business & Development Gary Eitel, and Denise Bosch, TimeSaver Off Site Secretarial, Inc. 3.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. 4.APPROVAL OF MINUTES - JANUARY 15, 2015 There was a motion by Commissioner Schomñng, seconded by Commissioner Sweeney, to approve the minutes of the January 15, 2015 meeting as submitted. The motion passed unanimously. 5. PLANNING APPLICATION ITEMS 5a) APPLICATION NO. 2015-001, SCP DISTRIBUTORS (CAPITAL PARTNERS, LLP), SPECIAL USE PERMIT FOR OUTDOOR STORAGE AND SALES DISPLAY AREA WITH AN I-i INDUSTRIAL PARK USE Chair Burfeind introduced Application No. 2015-001, consideration of a Special Use Permit (SUP) to allow a new outdoor storage and sales display area in the I-i Industrial Park, located at 6840 Shingle Creek Parkway. Mr. Benetti stated SCP Distributors has submitted a request for a SUP to install an outdoor storage area and separate sales display area for their business located at 6840 Shingle Creek Parkway. This SUP is the first to be considered under the recently adopted Ordinance Amendment No. 2015-02, which was adopted by the City Council on February 9, 2015. PC Minutes 02-26-15 -1- DRAFT Mr. Benetti reported that SCP Distributors is considered the world's largest wholesale distributor of swimming pool supplies, equipment and related leisure products and that SCP is relocating their business from Brooklyn Park to the City of Brooklyn Center, and is leasing a considerable sized section of the building at this location. He provided the commission with an aerial photo of the location and pointed out that the subject site is surrounded by the City's Public Works Department main garage and storage facility to the west; the Met Council's Metro Transit bus garage to the south; a very similar "sister" office-warehouse facility to the east; and Palmer Lake Preserve and single-family residential neighborhood to the north. He stated that the applicant's narrative indicates that this outdoor storage area is a critical piece of their business and it will be used for a display area for natural stone and manmade payers that will be sold to landscape contractors. Additionally, the area will store some of this inventory on pallets. The outside area is critical to SCP' s business model because in order to sell this product they must stock and display it to show how it will look in its natural setting. He reminded the commission that they had viewed a video of how another location in Texas was set up. Mr. Benetti presented an updated plan dated February 16, 2015 including photos of fencing surrounding the site; the existing berm (with a height range of 5-7 feet); and the parking lot. He stated that the berm acts as an effective screen with the exception of one residential home and brought to the Commission's attention the possible need for additional landscaping for that home. Mr. Benetti stated that Planning Staff feels this application has met or will satisfactorily address the Special Use Permit Analysis and the New Ordinance (I-i District) Standards. Planning Staff recommends approval of this application with the conditions noted in the Planning Staff report and also similar in the resolution. Chair Burfeind asked for questions and comments from Commissioners. Commissioner Christensen inquired about the height of the fence. Mr. Benetti replied that it will be six feet tall. Commissioner Christensen asked if the displays are going to be higher than the fence. Mr. Benetti replied that the height of the displays cannot be higher than the ordinance standards unless the Commission makes a different determination. Chair Burfeind asked if the height needed to be approved as part of the Special Use Permit at this time. Mr. Benetti replied that it could be approved now and that the applicant would have to comply with all of the standards. If a future spot check was done and the applicant was not in compliance, the Special Use Permit could potentially be revoked. Chair Burfeind asked if there has been a request for material to be above the fence. Mr. Benetti replied that there has been no request and that the applicant could come back to request an increase in the height of the fence at a later date. Commissioner Schonning asked about any plans or discussions for exterior lighting. Mr. Benetti replied that there is currently no new lighting proposed. This issue would have to be brought back to the Planning Commission for review. PC Minutes 02-26-15 -2- DRAFT Commissioner Christenson asked about entrances to the property. Mr. Benetti replied that there will be a sliding/rolling gate with two possible entry points and he assumes it will be closed during non-business hours. PUBLIC HEARING—APPLICATION NO. 2015-001 There was a motion by Commissioner Schonning, seconded by Commissioner Sweeney, to open the public hearing on Application No. 2015-001, at 7:25 p.m. The motion passed unanimously. Chair Burfeind called for comments from the public. Mr. Steve Nelson, Capital Partners, LLP, introduced himself to the Planning Commission and stated that he and his partners have been in business in the area for 15 years and purchased the building in the last 60 days. He stated that they are looking forward to a long and prosperous relationship with the City. MOTION TO CLOSE PUBLIC HEARING There was a motion by Commissioner Schonning, seconded by Commissioner Morgan, to close the public hearing on Application No. 2015-001, at 7:27. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. Commissioner Christensen asked if the height issue needs to be specified. Mr. Benetti replied that it is specified by the standards. If the applicant chooses to go above and beyond the standard, the issue will be brought before the Planning Commission. Chair Burfeind asked if discussion was needed regarding the berm screening. Commissioner Schonning replied that he thinks the berm meets standards and is adequate at this time, but he is a little apprehensive because this is the Planning Commission's first outdoor storage issue. Chair Burfeind asked if impacted residents received a public hearing notice. Mr. Benetti replied that the mailing actually went to residents farther out than required and the City did not receive any phone calls from residential or commercial neighbors. Commissioner Sweeney asked for confirmation that the affected house was closest to the display area. Mr. Benetti replied that the house was indeed closest to the display area. Chair Burfeind and Commissioner Sweeney commented that they assumed the display area would be attractive. Commissioner Christensen asked about issues with snow removal. Mr. Benetti replied that snow is currently being stacked up against the berm. He stated that the property owner has to maintain the site and can determine how they will stack the snow. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2015-01 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2015-001 SUBMITTED BY SCP DISTRIBUTORS! PC Minutes 02-26-15 -3- DRAFT CAPITAL PARTNERS, LLP FOR A SPECIAL USE PERMIT TO ALLOW A NEW OUTDOOR STORAGE AND SALES DISPLAY AREA IN THE I-i INDUSTRIAL PARK (LOCATED AT 6840 SHINGLE CREEK PARKWAY) There was a motion by Commissioner Schonning, seconded by Commissioner Sweeney, to approve Planning Commission Resolution No. 2015-01. Voting in favor: Chair Burfeind, Commissioners Christensen, Morgan, Schonning, and Sweeney. And the following voted against the same: None The motion passed unanimously. Mr. Benetti stated that this application will be presented at the March 9, 2015, City Council meeting. The applicant must be present at the City Council meeting. 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 02-26-15 -4- DRAFT XBROO o KL JW TER Planning Commission Report Meeting Date: February 26, 2015 • Application Filed: 02/04/15 • Review Period (60-day) Deadline: 04/05/14 • Extension Declared: N/A • Extended Review Period Deadline: N/A Application No. 2015-001 Applicant: SCP Distributors (Capital Partners, LLP) Location: 6840 Shingle Creek Parkway Request: Special Use Permit for Outdoor Storage and Sales Display Area with an I-i Industrial Park Use INTRODUCTION SCP Distributors has submitted a request for special use permit (SUP) to install an outdoor storage area and separate sales display area for their business located at 6840 Shingle Creek Parkway. This special use permit is being considered tinder the recently adopted ordinance amendment No. 2015-02, which was adopted by the City Council on February 9, 2015. 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 SCP Distributors is considered the world's largest wholesale distributor of swimming pool supplies, equipment and related leisure products. SCP is relocating their business from Brooklyn Park to the city of Brooklyn Center, and is leasing a considerable sized section of the building at this location (see aerial below). Capital Partners LLP is identified herein as the property owners. A . qO it Aft +-. .:•j A . ..-.' . 6U44 (020 MEN App. No. 2015-001 PC 02/26/2014 Page 1 of The subject site is surrounded by the city's Public Works Department main garage and storage facility to the west; the Met Council's Metro Transit bus garage to the south; a very similar "sister" office-warehouse facility to the east; and Palmer Lake Preserve and single-family residential neighborhood to the north. SCP is requesting two separate outdooi areas; one area (green outline in site plan below) is scheduled to be an exterior inventory storage area, while the section outlined in red is the exterior "Patio Showroom" area. Combined measurements of these two areas are approximately 160-ft. by 60-ft., or 9,600 sf. in total outdoor storage/display space. The outdoor areas will also have a quality six-foot (6') high, professionally installed fence around the outside storage/showroom display areas. Exterior Patio Showroo -- '0-m -- -• - - 130 - - AI7W - -- - - - - -, - - i - - 6 r ,- It l \'\ C\trRInventOr i - _It I IL - TNLE )VASMWLAUTTOLEEPAY t-:. The subject site is sandwiched between Shingle Creek Parkway to the south and 69th Avenue to the north. The site contains three access points off Shingle Creek Parkway only, with no accesses on to 69th Avenue. Since the SCP business address or main door entry is on the west side of the building, we assume the main or primary entrance into the site is the far west access. The site plan also identifies under the brown shading a landscaped berm (approx. 6-7 feet high) along the west and north edges of the site. This berm will be addressed later in this report. The applicant's narrative indicated this outdoor [storage] area to be a "critical piece" of their business. The narrative continues with the following: App. No. 2015-001 PC 02/26/2014 Page 2 of? "The outside area will be used for a display area for Natural Stone and manmade payers that will be sold to landscape contractors. Additionally, the area will store some of this inventory on pallets. The outside area is critical to SCPs business model because in order to sell this product they must stock and display it to show how it will look in its natural setting. Two examples of display within this area are an outdoor fireplace and a grilling island, which will be built within the display area using payers and stone products showing how the end product may look." From planning staff's understanding in meetings with the Applicants prior to this request, this is one of the main reasons they chose to relocate to this city, due to the outdoor storage limitations placed on their current business site in Brooklyn Park. In order to accommodate this request however, the city had to modify our own Zoning Code to allow outdoor storage or display areas within the I-i Industrial Park districts. Prior to adoption of Ordinance No. 2015-02, all storage of materials or goods in this district was required to be inside a building. NEW ORDINANCE (I-i DISTRICT) STANDARDS Pursuant to new Zoning Code Section 35-330. I-i INDUSTRIAL PARK. Subsection 3. Special Uses, the following standards must be followed or completed to allow or permit any outdoor storage area in this district, noted as follows: i. Outdoor storage and display of materials, equipment, and products accessory and necessary to a principal or permitted use subject to the following standards: 1.The items in the area designated on the site plan for outdoor storage or sales display area shall be effectively screened from view from adjacent public rights- of-way or adjacent properties by a solid wall or fence constructed of wood, masonry or other durable materials, or a combination of fence, berm and landscaping approved by the City Council. 2.Allowable areas used for outdoor storage or display areas on an individual site shall not exceed fifteen percent (l5%) of the gross floor area of the principal building. 3.Outdoor storage or sales display area shall not be located within any front yard or corner side yard abutting a public right-of-way, or within the buffer setback areas as defined under Section 35-413, Subsection 1. a, b, c, and d. 4.Height of stacked or stored materials or equipment in the storage area shall not exceed the height of the screening fence or height levels approved by the City Council. 5. Outdoor areas shall not be used for the storage ofjunk or inoperable vehicles, App. No. 2015-001 PC 02/26/2014 Page 3 of trash, debris, or any nuisance items as defined in the City Code. 6 The storage of hazardous liquids, solids, gases or wastes is strictly prohibited, unless authorized by the city's Building Official and Fire Chief, and approved by the City Council. 7.The outdoor storage area shall not be within or interfere with designated parking or drive aisles areas required by City Code Section 35-700 Off-Street Parking Requirements. 8.Any new or additional lighting installed to illuminate the storage area must be down-cast, cut-off style light fixtures, with a photometric plan approved by the City Council. 9.The storage area shall consist of a concrete or bituminous surface. The property owner or responsible tenant shall keep the outdoor storage areas free of refuse, trash, debris, weeds, and waste fill. 10.Any storage or placement of materials outside of the designated area shall be a violation of the City Code. 11. A detailed site plan specifically delineating the storage area, including the landscaping and lighting plans for said areas, must be approved by the City Council. One of the most important standards of this outdoor storage area is that all materials must be "effectively screened from view from adjacent public rights-of-way or adjacent properties by a solid wall or fence constructed of wood, masonry or other durable materials, or a combination offence, berm and landscaping approved by the City Council." The Applicants did not address or specifically identify the type or style of screening fence to be used in this area, but did provide web-site illustrations of different fence styles and varieties from a reputable fence company (attached to this planning report). The styles depicted and submitted for review appear to be powder-coated wrought-iron or heavy-gaged and anodized aluminum fences, which are not completed opaque, and would allow customers or contractors to see inside the storage areas. The narrative identifies a natural landscaped berm is located along the north and west boundary lines of this site, which provide a natural screen from these areas. After personally inspecting this site, and seeing how well the 6-7 foot high berm works on this site, planning staff is agreeable to allowing the open fencing along the north, west and east sides of the storage/display area, but recommending a more "effective screen" along the south edge, which would appear to be visible from Shingle Creek Parkway. The Applicant can either choose to completely screen this area with a fence, or use the same "open fence' material as proposed, but include year-round landscaping with evergreens preferred, such as upright junipers, spruce and/or pine trees. App. No. 2015-001 PC 02/26/2014 Page 4 of 7 It appears that all other standards noted under this new ordinance will be met or maintained by the Applicants or property owners. SPECIAL USE PERMIT ANALYSIS As with all new or amended special use permits (and pursuant to City Code Section 35-220, Subdivision 2), the Planning Commission recommends approval or denial of a permit upon demonstration of evidence or findings that show the following standards are met or will be met once approval is granted by the City Council: 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 provides staff responses or 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, safely, morals or comfort. The area will be used store limited amount of materials for SCP to sell or showcase; and both area will be limited to wholesale operations and for contractors and/or direct sale clients only. The fenced in areas should provide adequate security and protection for all goods and displays by the Applicant. Staff believes this new outdoor storage facility at this location, although not entirely promotes or enhances the public welfare, should not be a detriment to this industrial site, or the surrounding neighboring uses or residential neighborhood to the north (primarily those along Oliver Avenue); nor should this outdoor area create any dangerous situations that affect the public, in either health, safety, morals or comforts. b. The special use will not be injurious to the use and enjoyment of other properly in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. App. No. 2015-001 Pc 02/26/2014 Page 5 of 7 Staff does not believe the operation of this outdoor storage and display areas would be injurious to the uses and enjoyment of other properties, nor diminish and impair property values within the neighborhood. The site will be maintained by proper security measures, and will be effectively monitored during and after regular business hours. Therefore, Staff believes this outdoor facility to be acceptable under this standard. c.The establishment of the special use will not impede the normal and orderly development and improvement ofsurroundingpropertyfor uses permitted in the district. The new ordinance permits industrial park sites to have up to 15% of the principal building area dedicated for outdoor storage areas. The subject building has a gross floor area of 113,500 sq. ft., so up to 17,025 sq. ft. of land area could be used for outdoor storage on this site. SCP Distributors is requesting up to 9,600 sf., which leave a remaining balance of 7,425 sf. of space available for other users of this site, provided all other parking and zoning standards are met. With new fencing and existing berms providing the physical and natural screening measures for the outdoor storage area, along with the excess storage space available to other uses on this site, Staff does not believe any impediments will be made or caused by the new storage area, nor cause any long-term or negative impacts to this area or other users of this multi-tenant industrial site. d.Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets. The site has three access points, which are adequately and sagely spaced from each other to negate any traffic or turning movement conflicts The subject site contains 299 parking spaces. As this site is generally considered an office/warehouse [multi-tenant] use, City Code requires one space for each 800-sf. of warehouse space, or 142 spaces (113,500sf. / 800 141.8, or 142). The outdoor space appears to take up 36 parking spaces, which leaves 263 spaces available on this site. Even with the loss of 36 spaces, the site should have adequate and plenty of parking for all users of this site. e. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. Staff believes this outdoor storage area will be able to meet the new standards created under City Code Sect. 3 5-330, 3.i., and has been found to be generally acceptable. RECOMMENDATION It is the opinion of Planning Staff that the standards for this special use permit and the criterion used to measure or determine the appropriateness of this outdoor storage and display area use in this I-i (Industrial Park) District have been satisfactorily addressed. Therefore, we recommended that Planning Application No. 2015-001, which comprehends the Special Use Permit for the Outdoor Storage and Sales Display Area at 6840 Shingle Creek Parkway be approved; and that Planning Commission adopts the attached Planning Commission Resolution No. 2015-01, with the following conditions: App. No. 2015-001 PC 02/26/2014 Page 6 of 7 1)All standards as noted under City Code Section 35-330; Subsection 3. i. shall be completed or complied with during the full duration and operation of this outdoor storage and sales display area at the subject site. 2)The Applicant shall provide an effective screen along the south side of the storage area by either a solid screen fence or with similar open style fencing along the other three sides, with landscaping consisting of evergreen materials for year- round screening measures. 3)Any expansion or alteration of the proposed outdoor storage area as approved under this site plan and city council approvals shall require an amendment to the Special Use Permit. 4)No outdoor music or loud speakers will be allowed in and around the outdoor storage areas. 5)The outdoor storage areas must be locked-up or secured after regular business or non-operating hours. 6)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 hung on the outer fencing or outside the storage areas. 7) City Ordinance No. 2015-02 (noted herein) does not become effective until March 21, 2015. This special use permit shall become null and void should the effective date of this ordinance be delayed for some reason; or the ordinance is deemed invalid by a district court ruling. App. No. 2015-001 PC 02/26/2014 Page 7 of 7 C January 27, 2015 RE: EXHIBIT A - Supplement to Special Use Permit Application City of Brooklyn Center, Thank you for the consideration for SCP Distributors to construct an outdoor area for a critical piece of business. The outside area will be used for a display area for Natural Stone and manmade payers that will be sold to landscape contractors. Additionally, the area will store some of this inventory on pallets. The outside area is critical to SCP's business model because in order to sell this product they must stock and display it to show how it will look in its natural setting. Two examples of display within this area are an outdoor fireplace and a grilling island, which will be built within the display area using payers and stone products showing how the end product may look. The suggested outside area has several natural screening elements including a 6' berm and mature pine- wooded trees surrounding the suggested outside area. Additionally, a quality 6' high, professionally installed fence will be constructed around the suggested outside storage/showroom display area. Again, your time and consideration on this matter is greatly appreciated. Please feel free to contact me with any further questions or concerns to get our application approved. Shingle Creek II Property, LLC Owner/Managing Partner Jason Simek Jason Simek Managing Partner Capital Partners 952 897-7898 i siniel<@capital-partners.net Capital Partners, LLP IO. Box 396027 Bloomington, MN 55438 1, 612.759.2699 1 952.842.7772 www.capital-partiicrs.nct S S S S S S S U. -I- 5 U I go9c9gg(Occ)oJS(Oo)0d AØMSnS flU. PU8 -I VS3YN11V O SOEU!P IUJ003 011NCiOeN SiOJceMflS 18U0!WN '2 )i3O!J - 08 U r rrn "(, Nal., I :l !t UEB Styles featured on this page:E isEclipse' UAF 200 \iV(z'1 rH T IhId JL Hard-working and good-looking Ultra Aluminum Industrial fencing's sturdy 1-5/8" reinforced rails and 1" pickets combine for durable and heavy-duty protection. The Commercial senes of fences has 1-1/4" x 1-3/8" reinforced rails and 3/4" pickets, and Eclipse Privacy features 3/4" x 5" tongue and groove boards. The sleek picket profiles and privacy boards are not only handsome, but make the fence difficult to climb, deterring trespassers. Our Ultrum Alloy will never rust and our Powercoaf AAMA-2604 finish ensures long-lasting beauty and is environmentally friendly. Plus, Ultra's wide selection of fence styles and decorative accents offer attractive design options that result in great curb appeal.: Top: An Eclipse" Privacy fence obscures the air conditioning units at this commercial facility. Center: A sturdy and impressive UAF 200 guards this manufacturing company. E3otto -n: Formidable yet handsome, Ultra industrial UAF 200 performs its duties with poise and assurance. 3 I It, 4 -- . It I. '.4 Commissioner Schonning introduced the following resolution and moved its adoption PLANNING COMMISSION RESOLUTION NO. 2015-01 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2015-001 SUBMITTED BY SCP DISTRIBUTORS AND CAPITAL PARTNERS, LLP FOR SPECIAL USE. PERMIT TO ALLOW AN OUTDOOR STORAGE AREA AND OUTDOOR SALES DISPLAY AREA IN THE I-i (INDUSTRIAL PARK) DISTRICT (6840 SHINGLE CREEK PARKWAY) WHEREAS, Planning Commission Application No. 2015-001 submitted by SCP Distributors and Capital Partners, LLP, ("Applicant") proposes a special use permit allowing an outdoor storage area and outdoor sales display area located at 6840 Shingle Creek Parkway ("Subject Property"); and WHEREAS, the Subject Property is situated in the I-i (Industrial Park) District and pursuant to City Code Section 35-330; Subd. 3.i. "Outdoor storage and display of materials, equipment, and products accessory and necessary to a principal or permitted use" is permitted by special use permit under the I-i District, and the Applicant has submitted such application to the City of Brooklyn Center for official consideration under Planning Application No. 2015-001; and WHEREAS, the Planning Commission held a duly noticed and called public hearing on February 26, 2015, whereby a planning staff report was presented, and public testimony regarding the special use permit were received and noted for the record; and WHEREAS, the Planning Commission considered the Special Use Permit request 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. 2015-001 submitted by SCP Distributors and Capital Partners, LLP, be approved based upon the following considerations: a)The establishment, maintenance, or operation of the special use 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 PC RESOLUTION NO. 2015-01 Page 2 of 3 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. 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. 2015-001 be approved subject to the following conditions and considerations: 1)All standards as noted under City Code Section 35-330; Subsection 3. i. shall be completed or complied with during the full duration and operation of this outdoor storage and sales display area at the subject site. 2)The Applicant shall provide an effective screen along the south side of the storage • area by either a solid screen fence or with similar open style fencing along the other three sides, with landscaping consisting of evergreen materials for year- round screening measures. 3)Any expansion or alteration of the proposed outdoor storage area as 'approved under this site plan and city council approvals shall require an amendment to the Special Use Permit. 4)No outdoor music or loud speakers will be allowed in and around the outdoor storage areas. 5)The outdoor storage areas must be locked-up or secured after regular business or non-operating hours. 6)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 hung on the outer fencing or outside the storage areas. 7) City Ordinance No. 2015-02 (noted herein) does not become effective until March 21, 2015. This special use permit shall become null and void should the effective date of this ordinance be delayed for some reason; or the ordinance is deemed invalid by a district court ruling. PC RESOLUTION NO. 2015-01 Page 3 of 3 February 26, 2015 Date ATTEST: /12 (>'/VL Secretary The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Sweeney and upon vote being taken thereon, the following voted in favor thereof: Chair Burfeind, Commissioners Morgan, Christensen, Sweeney, and Schonning; and the following voted against the same: None; whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. lOa City Council Agenda Item No. lOa #1 COUNCIL ITEM MEMORANDUM DATE: March 09, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 4811 Lakeview 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 4811 Lakeview 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 1 building, 4-unit multifamily property. The previous rental license was a Type I Rental License. This property qualifies for a Type IV Rental License based on sixteen (16, 4/unit) property code violations found during the initial rental license inspection and two (2) validated police nuisance incidents 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: 10-01-2014 The Owner, Diane & Greg Krenz, applied for renewal of the rental dwelling license for 4811 Lakeview Ave, a 1 building, 4-unit multifamily dwelling. 10-21-2014 An initial rental license inspection was conducted. 16 property code violations (4/unit) were cited, see attached rental criteria. 11-26-2014 A second rental inspection was conducted and passed. 12-31-2014 The previous rental license expired. 01-07-2015 City records indicate two validated police nuisance incidents occurred in the past twelve months. Incidents were 10-01-2014, auto theft, 11-26-2014, theft Mission: Ensuring an attractive, clean, safe, inclusive community (1: at enhances the quality of life for a!! people and preserves the public trust COUNCIL ITEM MEMORANDUM 01-07-2015 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. 02-11-2015 A Mitigation Plan was submitted. 02-18-2015 The Mitigation Plan was finalized. 03-02-2015 A letter was sent to the owner notifying that the hearing before the Council will be held March 09, 2015. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Mahager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public (rust 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 l-3 Year Lj units jo-i Type 11 — 2 Year 1-2 units Greater than 1 but not more than 4 11-2 units Greater than 4Type III — I Year - but not more than 8 Type IV-6 Months I 1-2 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 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 __ __ Mission: EnsuringEnsuring an attractive, cle(lfl, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 Categories 1-2 Greater than 3 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: Vibrant Neighborhoods Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust of Brooklyn Center Sihgle Creek Parkway cyi Cente IvlN 55430 21 Phone; 7f3-56-9-3300 TTY 7il Frx: 73-559-a3o wwsvdryofbrookIrncenterorg ital License Mitgatlon Plan—Type W Rental Liene faux will iotk ccèpfrd Plecs 'nIIsifihfabkf8rrn mC1(p website Bacd on prop yonditions and/or validated police nisnca incidents; the above referenced ptqpetty qna1ifie fora Type W Rental License 1ite yir hecns application can be considered Ui nciLCity COUW,11, MiftthonPln mustb eiip1eted andrcvioivcdby City staff A fully 06 6plojW Mfigation Plan must be ibiiiittcc1 inmiadate1y to enarc tinc1y completion of the license application process The Mitigation Plan should indicate the atcps being taken to correct identified violations and the mcasures that will be taken to with City Orthjance ana epplicablo Codes Tha Mitigation Plan provides an 11 Opportumty to revIeW property concerns and identify poible SOi%itlO1S to improve the overall conditions and agement of the prtpeity NOTICE Time, is Running Out You must TAKE ACTION NOW in order to moat all the city ordinance mad Mitgaflon Plan requirements 'ithhi this pnnd ugliconsa period and avoid legal actions. Suhniit thó following dotnrnienEs with tit r L711 1. C ri me Free Housing p rogra rft TmIningCartate(ifcomp1eted if not ooinplet& plinl4e achoduled date in Section, CL__[1 2 Copy of Lease including Minnesota Crime Free'Housing Uasc, Addendum 3. 8iiuitwxittert report by 10th if each thrrnth aftelispproval). Jhae1 1 Use written lease in6udink Cnm Fri Housmg Lease Addendjn f_Li 2 Conuct -criminal background check for all propsetnc knants Provide documentation to City if _______ requestd I L I ithe ovictionoften itwhoviolatatheterns oftheleasnyaddCil4Uii Page 1 Type VV Mitigation Plan Rev 4. Attend City approved eigbtbourrime Free Hor]g courseS Date Cours e Completed: or DatoC a ur&c Schcdtded ; 21-111-015 and 2-20-2015 Phase 11 Ep Complete Seeu±yAssessmet'i* uii implement 11 sec u rity iiprovmas re commanded by the Brooklyn Center Police Department. D Lte She&ile Improvenerit to completed by •21715 ETI I will aLtei4 a miijjmiun of 50% of the ARM meetings (two).j Twill attend the ARM meetings che4ule4for 112075 Mail42O15 Do thcro two meeting dates occur before the Pending rypefl'Lknse expiration te? III Ye L] No (*See seefion A) TI n, yoi, will oiily be able- to quality for a Type IV Re n tal Lic e n s e poi renewal. k' I i will have no repeat code violations prvious1y documented within the pt r. rpr,perthc iithfmr' or more niir. I I will conduct reaidant training annually Th a t includes crime prevcn6on teehnique. I I will hold re gul ar resident metings Bnscd o u condition iuid age estimated replacement dates ore provided fr omrnon capital itcms. Funding bouid be conidared accordingly. However, items broke n, worn or otherwise in vioItiou prior to the estii e4 tpleemunt date 'will rettmire esrliCT correotiGns. -Date Lest Replaced Estimated Ttepineemettt Date 142O1 Water He ELTer- R^pb,.d 2014 200 Kitchen I fduu whhln last 5 W;a rt 202U - JudyAmptnces-2007 2020 Exterior 2012 -202t -4'crnt/Siding, fascithnMPflt -2012 - 2020UdOW' .RoofTerff pdhosi jLW garp9a mrAs 200 - NA -Shed NA _veaybd+IrdIfwi - -Sidewalks NA SmokeAIaru & Carbon Monxid Alarms 2011 2020 Implementing the following best praoicea may asit In the management of your property, the g trM biixJyoi agree t Check withteionttgevety30Jay___ _IL{i 2. Drive by property to check for violation s twice a noRth. :Pa ge Type IV Mlt1atIon Nan Rev 1145-11 ii V7 3 , Ev1t t enants in 'io1atipn of the 1ee and all addendums M & Provide Iawnfsnowervice. I U . Provide garbage s ervico. 6. Thiafl cysyderL1 7 Provide mainte nanca service plan for ap plialloe s. Name of service LLJJ . I am and will tcniMn current on payment Qhdility fics taxes sesrnent Pries, peri a tties and other financial cIaiji di.ie to the City. tr7i9. Other(s )., Emp l oy profeoiort management company to mnnje the building . Please rid tltorônglily: If the Type IV Rental License is approved by the City Council, the Ucensee must eomp1ywth the aPProyed Mitigation I1em a nd all applicable city codes, Noltcr than the 10 of each calenda r month, the Jieensoo must submit to the Building and CommnQy Staidfir6 Department a written report desiribing a ll gtepg taken to comp ly with the Mitigation Plan. 3 I veittr that nil information provided above is trne and accurate. I understand that if! do iiot iiiply with an approved Mitigation Plan, comply with all appfimblc ordinances within the license prhx1 or operate beyond the license expiration da10 enfteiiientacUous such as citations, frrnal complaint orlicenso review may L&V( 1LLiL) Owner eAgent Name and Title (P1cse Print) -. 3 Ow—nor e ntSiim 3 3 &?L R'r,fl — or Agent Name andTitie (if h4bie) 0sa Pent) j&is Date LQL-C_. 7 Date ,For City LJie— ilLiatica F]A ik Apved By - 1 i /—/;cpva —1^t-m I Title Date ii!141t^g^mmvn!V Standards Dsparttnent/Title Date Page 3 -vpa W M1tatIoh Plan Rev 116-11 City Council Agenda Item No. lOa #2 COUNCIL ITEM MEMORANDUM DATE: March 09, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk bAWV(-4ft&Ak SUBJECT: Type IV 6-Month Provisional Rental License for 3613 54th 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 3613 54th Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family property. The previous rental license was a Type II Rental License. This property qualifies for a Type IV Rental License based on twenty five (25) property code violations found during the initial rental license inspection and one (1) validated police nuisance incidents 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: 11-21-2014 The Owner, Konrad Wagner, applied for renewal of the rental dwelling license for 361354 th Ave N, a single family dwelling. 12-05-2014 An initial rental license inspection was conducted. 25 property code violations were cited, see attached rental criteria. 01-13-2015 A second rental inspection was conducted and passed. 01-16-2015 City records indicate one validated police nuisance incidents occurred in the past twelvemonths. Incidents were 10-17-2014, disturbing peace. Mission: Ensuring an attractive, clean, safe, inclusive community tha( enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 01-21-2015 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. 01-31-2015 The previous rental license expired. 02-10-2015 A Mitigation Plan was submitted. 02-13-2015 The Mitigation Plan was finalized. 03-02-2015 A letter was sent to the owner notifying that the hearing before the Council will be held March 09, 2015. If approved, after six months, a new rental license is required. The license process will begin within one month. 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 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for 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.Frty Code and Nuisance Violations Criteria e Category Number of Units Property Code Violations per on Property Inspected Unit Only) I Type l-3Year [junits 0-1 than 1 but not more than 4Type 11 — 2 Year 1-2 units Greater _T1-2 units Greater thanType III -- 1 Year4 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 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 Nuinberof Units I 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 1 Greater than 1 but not more than 3 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 Categories 1-2 Greater than 3 13-4 units Greatçr 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 al/people and preserves the public trust Rental License Mitigation P1an--Type1 Hwul,ritien plans will not be accepted, Please :pe or use City of Brooklyn Center 6301 Shingle Creek Parkway _ Brooklyn Center, MN 55430-2199 (-. - 763 -56933OO 70 '711 Fw: 763-369-3360 jn .1 WWLk?c'ofbrk1yflU1iiVCJr(J R1bkL1cense irn Cily websire. Se c tion A—Property Information - Property Address: 3613 54th Ave N Brooklyn Center, MN Owner Nanie Konrad Wagner Local A g ent-Phil Beaumia Owner Addre - - Agent Address: ftn,Yfl B) dW 1 6I3 dU dl5 Onir Nionc 952-906-6505 Agent Phe952900930 O'nr konrad j wagnercgmatl corn Agent phIl@citlesrentals corn RLnt'd Llccfl\c [:]Now Reneal Current License Cpiratwn tt January 31, 2015 *pending Type IV License Exp Date,JTJ1 J (Six- nu,,ihc fioat current Iwense epa also,:) Batd (in property conditions and/or validated police nuisance incidents the above re eneed iroperty qualifies for a Type IV Rental License Before your license application can be considered by the City Council a Mitigation Plan must he completed and reviewed b City stall A fully completed Mitigitum Plan must be ubniittcd immedlalel) to ensure timely completion of the license application iioce 'rho Mitigation Plan should itidicatc the srps being taken to correct idcniifkd violations and the nicasures that will he talcCn to ntire On 1Omk eorn Evince v ith City Ordinances and applicable Codes The Mitigation Plan proudcs an opportLinity to review property concerns and identify possible solutwn to lmpr.o\e the overall conditwns and managelvelit of the property. NOTICE: Time is Running Out--You must TAKE ACTION NOW in order to meet nil the city ordinance md Mitigation Plan requirernenls within this *pendmg lILLne period and a oid legal actions. Section 'B— Required Docunients Submit the following documents with the Mitigation Plan forapproval L I1.Cume Free Housing Prrii-ai-n Trainrng Cci nfleate if completed, 'If not completed please include I ' II 2 scheduled ditc in Section C Copy of Lease liwluding Minnesota Crime Free HottsingLeusc Addendum LJ .Submit written report by 10th of each inomb (after license approval). Section C— Ct irne Fi ee jIiigProgrzfln Requirements Phao1 r I I ounig a AddendumUe v n1tn lea'e iniluding Crime ice I-I Le 2 Co nthict criminal baclgiound check for all prupLct1e lemwit s, Provide documLutatlun to Cit, if _______requested. I v J3,l'uruc the c iction oftetiants \slio violato the terms 6N4 lasc or any addendums page 1 Typo IV Mitigation Plan Rev 11-141 4. Attend City approved eight hour Crime Free Housing course. Date Course Completed: Jun e 09,2011 or Date Course Scheduled: Pliasellf] Complete Security Assessment and impi tall security improvements recommended by the Brooklyn Center Police Department. Date Scheduled: 2-j) 2O I ' "Improvements to be completed by: D 7k/_S - Phase mr77-11 will attend a minimum of 50% of the ARM meetings (two). I will attend the ARM meetings scheduled for march 12.2015 & 11y142e16 Do these two meeting dates occur before the Pendig Type JVLicense expiration date? Ys [1 No (See Secilon A) If z, you will only be able to quality for A Type LV Rental Lkeiise UOli renewal. 11(11 will have no repeat coda violations previously documented within the past year. For properties wiffifour or rnoie unity; I_-i] I will conduct resident training annually that includes crime prevention techniques.C771 1 will hold regular resident rneetings Based on condition and age, estimated replacement dates are provided for common capital items. Funding should be cousidred accordingly. However, items broken worn or otherwise in violation prior to the estimated iplac.ement date will reuire earlier c orrections, Date Last Replaced Estimated - Replacement Date Furnace/AC unknown 2025 Water Heater unknown -2020 Kitchen Appliances-unkhwn 2025 Laundry Appliances-uninown -20OExterior 4'aintfSid;ng fascia, trim-Windows_______________________________________ -Roof-Fence_ -- 5/2015 - unknown 2025 2020 un known 2020 -Shed_____________________________________ -Garage Driveway____________________________________ -Sidewalks; - 2045 unknovin 2M - -2020 Smoke Alarms & Carbon Monoxide Alarms,11201 2018Other(s) Implementing the following best practices may assist in the management of your proparty. Hp e in the boxes below, you agree E Check in with tenants every 30 days. I 'I 2" by property to check for violations twice a month. Page 2 Type IV Mitigation Plan Rev 1146-11 III ' 1 Evict tenants in violation of the ]case and all addenthinis.II 4, Provide lawWsnow service 5.Provide garbage service, 6.Install security systeni.I 7. Provide maintenance service plan for appliancs. Name of scrvice co.: I [iii]I S. I am and will rcmiii current on paynrent of utility roes, taxes assessments, fines, penalties and other Financial claims due to the City.II. I . Other(s): - Please read thoroughly: If the Type IV Rental License is approved by the City Coxinc iL the Licensee must comply with the approved Mitigation Plan and all apptieabEt city codes. No liner than the IO' of etch calertdar month, the ileemiec must submit to the Building and Community Standards Department a wriftcn repoil describing all tcps taken to comply with the Miti ation Plan. I verify that all intbrmnatiot provided abuv truo ond ucmratc. 1 urlertand that if I do not cuiIlp[y whit an approved Mitigation Plan, comply with all applicable ordinances within the license period, or operate beyond the license expiration datc: enforcement actions such as citations, formal complaint or license review may result. Phil Beaumia -- Agent Owner or Agent Name and Title Pk Prim?!) 2/5115 or Agent Date Additional Owner or Agent Name and Title (iflljYpIk-ahk) (Pkaw PHitt) AdditlonlOwiiec or Agent Signature (if ippikahIe) Date Police Depaitnment / Title Date uitt}6g/Cnnmunfty Standards Department / Title iLL411 Ji4'1 Dafe Page 3 Type lv Mitigation Plan Rev 1116-11 City Council Agenda Item No. lOa #3 COUNCIL ITEM MEMORANDUM DATE: March 09, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk 41/11M4j 1M— SUBJECT: Type IV 6-Month Provisional Rental License for 5814 Ewing 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 5814 Ewing Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family property. The previous rental license was a Type II Rental License. This property qualifies for a Type IV Rental License based on seventeen (17) property code violations found during the initial rental license inspection and zero (0) validated police nuisance incidents 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: 11-21-2014 The Owner, Peter & Michele Nyarecha, applied for renewal of the rental dwelling license for 5814 Ewing Ave N, a single family dwelling. 12-17-2014 An initial rental license inspection was conducted. 17 property code violations were cited, see attached rental criteria. 01-22-2015 A second rental inspection was conducted and passed. 02-03-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 02-03-2015 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 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. 02-18-2015 A Mitigation Plan was submitted. 02-20-2015 The Mitigation Plan was finalized. 02-23-2015 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. 03-02-2015 A letter was sent to the owner notifying that the hearing before the Council will be held March 09, 2015. If approved, after six months, a new rental license is required. The license process will begin within two 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. 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 community 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. Mission: Eiiszuiizg 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.F e and Nuisance Violations Criteria ory Number of Units Property Code Violations per perty Inspected Unit Type l-3 Year j 1-2 units 0-1 Type 11 — 2 Year 1-2 units Greater than 1 but not more than 4 Type III _1 Year itJGreater than 4 - but not more than 8 Type 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 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 quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 Categories 1-2 Greater than 3 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: e Vibrant Neighborhoods Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of fife for all people and preserves the public trust Ij C1 y of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 5430-2199 Phone: 763-563300 TUY 711 F: 763-569-3360 www.citydfbrookfyrcentrcrg - Rental License Mitigation Plan--Type IV Rental License ffandwtithit plan will not be accepted Pleas type or use fihlabkform on city web si(e :i PIOpeItyAddIOS5 5814 Ewing Ave N Brooklyn Center, MN 55429 Owner Name Peter & Michele Nyarecha L4MAI Ant Owner Address Agent Addrss l481 rl u6 (^h a -61 W Ramsey Mt'I53Q2'<5' \.\r-m'...............: .-- . • -:......... -. n . ' :. .,' :-:'.'- 'f:' : ............................................. Oaner Phone 7G3657-9O65 AgerE Phone Owner Email dy mb2h9 oomlIIn06 AhQtaa1Im gent Email Rental License LIII Nw ] Renewal Current License Expiration Date February 2015 2/28/2 Il4pen d Ing Type IV License Bxp Da August 2015 8131/2 )15—xt )15 xt Based on property conditions and/or validated police nuisance iricideiits the above referenced property quali fies for a Type IV Rental License, Before your license appHoatiri can be considered by the City Council , a Mitigation Pl a n must be completed and reviewed by City st-aff. A fully completed Mitigation Plan must be submitted immediately to ensure tirnaly completion of the license application process. The 'Miti g ation Plan should indicate the stops being taken to correct identified violations and the measures that will be taken to ensure oninaconllancc with City Ordinances and applicable Codes. The Mitigation Plan provides an opportunity to review property concerns and identiE' 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. Sectiofl:i.-Rcp.uicd .DOuinents-::.:: .. ... ........E ::-..;.f .:.::.....: .. .:: . •..... Submit the 1o]Iosing dtwuments with the Mitigation Plan for approval : L Crime Free Housing Program Training Certificate (ifcomplcted, if not completed, please includ e 2. 3. scheduled date in S e ction, C. Copy ofLe a se including Miiinsola Crime Free Fkusing Lease Addendum Submit written report by I0 of each month (after I icense approval). tionC—Cnme Fitic IIniisrngPtogamRcuircuen__ - - _Phase ILi L Use writt en lease including Crime Free Housing Lease Addendum. /J 2.Cond u ct criminal background check for-all prospective ten:mts. Provide documentation to City if - 3. requested. Pursue the evict ion of tenants who violate the terms of iho lease or any addendums. Page 1 Type IV Mitigation Plan Rev 11'1611 =4, Attend City approved eight hour Cri'me Free Housing course. Date Course Completed: Ju'Y 27,20 a or Date Course Scheduled, Phase II L/ Complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police EJepartmeni . Date Scheduled:j O/ W I 0 improvements to be completed by: ]LM / J Phase IllF I 11 will attend a minimum of 50% of the ARM meetings (two).. I will attend the ARM meetings scheduled for: & Do these two meeting dates occur before the *Pending Type JVLkei expiration date? DYes [J No (*See &diom4) If no you will only be able to qualify for a Type TV Renta' License upon renewal. L_i 1 I will have no repeat code violations previously documented within the past year. Fórproperlies with forir or more units.- I-! I will conduct resident training annually that includes crime prevention techniques I will hold regular resident meetings, Setrnn 11—Long Trin CapitqtJmpi.osrenientPJ S SS Based on condition and age, estimated replacement dates are provided for comnion capital items. Funding atmuld be considered accordingly. However, items broken, worn or otherwise in violation prior to the estimated repl acement date will requite earlier corrections. Date Last Rpaced Estimated Replacement Date Furnace/AC-2001 Water Heater- -zoo, Kitchen Appliances-2011 200 Laundry AppIinncea..- 2010 2020 Exterior -PeintlSiditig, fasca trim -Windows -Roof 2008 202T 2008 2018 2iH3 2038 -200r 2020 - S S -Driveway -Sidewalks .. 2008 2027 2002 2018- Smoke Alarms & Carbon MornxideA1anns 2014 201 ScIion - Sleps to Lrnprov&Maitgimnt and oiithtions of Prpert' Implementing th following best practices may assist in the management of your property. By c 1ecMng the boxes bekwyou agree t: L 1j i. Check in with tenants every 3O days. 11 1 I 2. Drive by property to check for violations twice a month. Page 2 Type LV Mitigation Plan Rev 11-16-11 LL__1 3. Evict tenants in violation of the lease and all addendums. 4. Provide lawnfsnow service I I 5. Provide garbage service.I 6. Install security system.[_I . Provide maintenance service plan for appliances. Name of service I [IZI1 8. 1 am and will remain current on payment of utility fees, taxes, assessments fines, penalties and other financial claims due to the City. IE 1 9. Others: - Please read thoroughly: If the Type IV Rental License is approved by the City Council } the Licensee must comply with the approved Mitigation Plan and all applicable city codes. No later than the I e 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 t 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 Peter Nyarecha Owner or Agent Name and Title (PIea'e Mn!) 2/14/2015 Owner or Agent Signature Date Michele Nyarecha Additional Owner or Agent Name and Title (fapplkabfr) 4'Piease Print) 2/14/2015 Additional Owner or Agent Signature 7fapp4cab1e.) - -Date - iz aion Nan Approved 13y' —C-- 0 ?LQX —Z'Police Department /Title Dat rI&e - ___Standards Department I Title Da e Page 3 Type Pt Mitigation Plan Rev 114611 City Council Agenda Item No. lOa #4 COUNCIL ITEM MEMORANDUM DATE: March 09, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 5649 Northport Dr. Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan and issuance of a Type IV 6-Month Provisional Rental License for 5649 Northport Dr. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a new rental license. This is a single family property. This property qualifies for a Type IV Rental License based on ten (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: 12-29-2014 The Owner, Lue yang, applied for an initial rental dwelling license for 5649 Northport Dr., a single family property. 12-31-2014 An initial rental license inspection was conducted. 10 property code violations were cited, see attached rental criteria. 01-20-2015 A second inspection was conducted and passed. 02-03-2015 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. 02-11-2015 A Mitigation Plan was submitted. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 02-18-2015 The Mitigation Plan was finalized. 03-02-2015 A letter was sent to the owner notifying that the hearing before the Council will be held March 09, 2015. 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 andapplicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people aiid preserves the public trust COUNCIL ITEM MEMORANDUM 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: o At least 75% of units will be inspected for properties with 15 or less units. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust COUNCIL ITEM MEMORANDUM • 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 3+ units 0475 Type II —2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 1 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 umts 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 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 Decrease 2 Categories 1-2 Greater than 3 3-4 units Greater Than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: e Vibrant Neighborhoods Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust City of Elmoklyn Center Phr,n -9.300 fly S302 Shfrig1 Crk Pirkwy Fax: 7c&!-33O -thaIynCcntr, MN 540210 2V1 jRebtal License Mitigation Plan—Type 1V Rental License \ JMIwtht(1uns MR nI be a crepwd. Pi&'wii yjit or u.iflllaMijrm on City wdith. PP 1 tY Addres5649 Northport Dr OrooJyn Center, MN 55429 OwnerN ame:LUO yang Local Agent. p Her Owner Address: Agent Address: DO N 9O Morgan, Ave N Minnepolis,_MN_5411 Owner Fhie1245263 Ageiil 651-307-3321 QWIi [Agent EniL phervanggmeiI.com Rental Ucens: W New LI Renewal: Current License ExpiititrVDnte: I Pending Type IV Llcensv Exp, Eat:______ License Exp. 09/30/2015 (Sir monbkc from cwrcn (ixiz.w expiralfrJi7) J VSS Bscd on prope rty conditionsand/or validalLd police nuis.iincc incidents, the ibovc rclircnceil properly uaIifics for aTypi Pt Rental Liccnsc. Beibre your license sipplicatkin can be coniilkk rcd by the City Council, a Mitiarion ]lirn must be compkteri and rvicwd by City staff- A Pull y cernplctcd Mitigation PLin must be ubnsitled 1mmeditely to ensure timely eompteiion of the license application process. The Mitigation Plan iheii1d indicatc the steps being token hi corrccl identilicd 401afions and the muisurc5 thai will be taken to er,siireongo ing, crnip1 jaijc with City OrJbionees tndopp!icnhlc o1es. Tle Klitio.ititv Plan provideaii prtinity to review pmperty eoim :ind knlify pcih1e salutiowz in ihi averall can(rdinds. ntd flizirit tfli property. NOTICE TiYnc is Ihrnnh Out-You must TAKE ACTION NOW in ortJtió meet all the city ordinance and Mitigation Phuti rrqukiutcuib within this ptnding 1ieexizc perW andavuid le-ul uEiun BReiocuinent Sub}tht f1Io1n tunents with the Mitigation Plon forgbprnra t I I,Crime Prcc HousinProgrsni Training Cer iliciutifoninplctcd. ilnot crniikt& pIcise induth I V Ii chetIuIcd data in Section C. Culnie Free Housing Lase Addendum 2.Copy oltense includinLy Minneson 'Submit wflitcn rpnri by lt)k or each month (litter license approval), Section C— Crime 1ree ITuung ProgrAm flegurement -- -tvriiico Je hicludingCrhiFrcc Housiqu LscAddcnduitt. - 2.Conduct eriminal baektound check 1t 1I propedire rcrumls Provide documentoticni to City if-_____reqcsied. I p 11T%uL. the L-vic ti6n, of tenants who vWOj Il tunm ofihe lease orony addcridurns , Page 1 Type tY Mitlgatkrn Plan Rev 21-16-il jv J4. Auiiid City app ms vc d dIit I tour Ci iii Fmc )Ic Cuurc Con 1ei1 . or I)ic Courie Scheduled - OVIVIS Ehasc!lLv j (oinpki S ecu A nnI and im1lmt'ui at! utuy nt nnimnd by th 131tlyu Cncit' Police flcpiuiH1iI. Date Slidkd; -. Tuay. 02117J1 Phase IIIf V )i will utnd a rnnlimurn of Mr/a of Ihe ARM mcnwgs (two I will uttend dw,, AkM rn*in dukd rr: & OII'5 FXi dic-sc w ti nieciiii date cirfurj tr *Fdj:rg 1)ptILrnc c XpIratwo diw?! _V Li No (SeS'rdot A) If no,you will.toty hc aii1c, in quill(y fora Type Rental $kr upon renwl, Fwilf kaw no rpit *k v lat divummicd within Me paI ye ar - forpropeHins with four p r more' tn:%: t Will i.n'jui i& tit udining bHUrJalIY 111,4 4idukk-,ciitiw Im1Ition ichjui. 1]I will Scflonfl — Long Teim CipHi t Improvcmcnts Pfanc Rcd on condifinn atiti 1imt ext repluemcmUbI we ptwidcd lr comm ri rapitalit in Fthn .Jt,1d Itiikid ficcurdingly, Ivc,. kcii bukn wuin or,ilriwi Ui Violation piti to VIC iiivatd Oate fii !timitd jeUmuib20] \Vajct Itrr- -1)JJ ______ iidnAppI liances- raifit/skIing. fascia. 1dm Vr1& to-- 2020 -iflun 2020 NIA- WA WA - - Unsure 2OO uriwto 2020 SnoL ALaii' & (-iibon Monoy.Wic Ala r m-,Uriu ec p?iininih€ Ilowij bt ick n yn.Ui Ui lb ncn1 yirprIrty. hicAbg th- Mtc hrla w.yon agree ri: ______ I. CIicJii with tcnint.s II 'I 2, Di-iv by prop1v to cck ibi' vi olatioru, twicc a month. Page 2 Type IV WiUgtln Plan Rev I1•621 ' I). tit temanis in violationotthc lcu.w and all & Provide Iawrttnuw rviix, Prbe guttige qirvicc. 1ntaI eciry system. ?, Provkk mairtenance Senrim pLn for appliances. .otsriico.: 1[?1} . I am and wiUrinaEn current on paymenr oFuiIityfees,taw, a anenL. Inc.pnaiii rind other flnandal c4rn4 due to the CJLV. , Oihr(s):_ Please read fltorotighIy ,, lithe Type- IV ReiaP License is apprmeil by the Citytouneil. the Licensee mu comply with the apprwd Mgatkn Plan and all applicab'e thy eo& No latil than Ihe 10 of each ca'endar month, the hcn iin1t brnitto the Building and Cirnrnun3y Stan& r(N Deprtnient a writtonreporl dcribiig all qiTi iakeii to compI with the Mitigation Plan. I vr1that all in miation Provided above i itue and curate. I untkriartd tha ifl Io not comply wih an pprtivcti Mugtthrn Pkn, comply with all qiflcahk tu nrI within 1he Iicenc titl, or ofwr-wc kymd the 1iccne expiration thte enfrcemertt actions auth as dtaions formal complaint or Iicene review may result Lue Vang Owtr or Agcut Ntme nid Titk ?PkLmr Piint 02/10/15 Owner or ArI Signatwe Date Pa Har, Pioperty Addidoal Owner or Agent Nanie tiid ThtC f[izppIfctThk (P/i't PiTh') 02111115 Additional Ownet or Ant Signatwe ((fappikabiL') Dale f •i [Li 'rcj Af - Polk Department / Ti!le Date 3)/ uildn munit>Siandat1s Dcpu-tmenL1Tik Dal Page I Type fY Mitigation Plan Rev 11411 City Council Agenda Item No. lOa #5 COUNCIL ITEM MEMORANDUM DATE: March 09, 2015 TO: Curt Boganey, City Manager ^^M KnA^kFROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 3912 615t 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 3912 618t 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 license was a Type IV Rental License issued on December 09, 2014, on condition of adherence to the Mitigation Plan and City Ordinances. The property qualifies for a Type III Rental License based on eight (8) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. However, the owner failed to comply with the Mitigation Plan and applicable Ordinances, specifically failed to complete security improvements. According to City Ordinances, if the requirements of the license category and the Mitigation Plan are not met, the license renewal category remains a Type IV. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the continued Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. The following is a brief history of the license process actions. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public (rust COUNCIL ITEM MEMORANDUM Current rental license approval activities:01-05-2015 The owner, Nazneen Khatoon, applied for renewal of the rental dwelling license for 3912 61St Ave N, a single family dwelling. 01-22-2015 An initial rental license inspection was conducted. Eight property code violations were cited, see attached rental criteria. 01-29-2015 A second inspection was conducted and passed. 01-31-2015 The previous Type IV Rental License expired. 02-03-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months.02-03-2015 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. 02-20-2015 A Mitigation Plan was submitted. 02-24-2015 The Mitigation Plan was finalized. 03-02-2015 A letter was sent to the owner notifying that the hearing before the Council will be held March 09, 2015. Prior Type IV Rental License approval activities: 04-17-2014 The Owner, Nazneen Khatoon, applied for renewal of the rental dwelling license for 3912 615t Ave N, a single family dwelling. 05-02-2014 An initial rental inspection was conducted. 9 property code violations were cited, see attached rental criteria. 06-10-2014 A second rental inspection was conducted and failed. 07-09-2014 A consultation inspection was completed. Additional violations were found during the inspection that were not found during the initial inspection. 07-31-2014 The previous rental license expired. 08-07-2014 A third inspection was conducted and failed. A violation needed further clarification on what will be an acceptable correction method. A $100 reinspection fee was charged to the property. 09-12-2014 A fourth inspection was conducted and passed. 10-06-2014 The $100 reinspection fee was paid.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.11-04-2014 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. The previous rental license expired. 11-11-2014 A Mitigation Plan was submitted. 11-19-2014 The Mitigation Plan was finalized. 12-02-2014 A citation for $300 was issued for operating without a rental license. 12-02-2014 A letter was sent to the owner notifying that the hearing before the Council will be held December 8, 2014. Mission: Ensuring an attractive, clean, safe, inclusive community that en/i ances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM If approved, after six months, a new rental license is required. The license process will begin in approximately two 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. 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. 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 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 1-2 units Greater than 1 but not more than 4 Type III - 1 Year 11-2 units I Greater than 4 but not more than 8 Type IV - 6 Months 1 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 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 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 4han . 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 all people and preserves the public trust COUNCIL ITEM MEMORANDUM Budget Issues: There are no budget issues to consider. Strategic Priorities: . Vibrant Neighborhoods Attachment - Mitigation Plan - Resolution Approving a Type IV Rental License for 3912 61st Ave N Jj1jssjoi,: 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 3912 61 s ' AVEN WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 3912 61 " Ave N, was issued a Type IV Rental License on December 09, 2014; and WHEREAS, City Ordinance Section 12-901.2 requires a property owner who receives a Type IV Rental License complete Phase I, II and III of the Crime Free Housing Program; and WHEREAS, City Ordinance Section 12-914.3.c establishes the requirement for Phase II of the Crime Free Housing Program including attendance at a minimum of 50 percent of Owners/Managers Association Meetings and completion of Crime Prevention Through Environmental Design Requirements; and City Ordinance Section 12-913 requires submittal of monthly updates; and WHEREAS, the property owner of 3912 61st Ave N, Brooklyn Center failed to complete security improvements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE IV Rental License is hereby approved for the property at 3912 61st Ave N, Brooklyn Center, MN. March 09, 2015 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: 753-59-3300 flY 711 6301 Shin]e Creek Parkway Fax; 73-55-336U Brooklyn Centers MN 554O-2199 www.cityofbrbk!yenterQrg Rental License MLtigatiri Plan—Type IV Rental License Handwri1tin pkmc will not b accepted. Please type or ineflulabkforrn on city website. Based on property conditionsand/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 stag A fully completed Mitigation Plan must be submitted imniediatelyto 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 nsureoojiig corn pliance 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. S cciui .W-.Rq u i rd Docuñ duts.::.....,, :.::• .. ............................................ ...• .... :•. . Submit the following documents with the Mitigation Plan for npprovi: r iT I,Crime Free JTouin. Program 'jraini ng Certificate (if completed, if not completed, please hiclude -LTJI 2. scheduled date, in Sc.tion C. crime Free Housing J AddendumCopy of Lease including Minnesota .case / I .Submit written report by 10 4'of month (after license approval). Stion C- Cthtie .Fre:e Hoirsing oramRnirCii1 :1±ec _l'rinse I/ 1.Use written lease including Crime Free Housing Lease Addendiim 2,conduct criminal background check for all prospective tenants Provide documentation to City if rCILCS1Cd. .Pursue the eviction of tenants who violate the terms of the lease or any addcndurns. - Pace 1 Type IV Mitigation Plan Rev 1146-11 4. Attend City approved eight hour crime Free 1-fusing course. Date Course Completed , 1124I14 or Date Course Scheduled- Phase B [_/ J complete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. Date Scheduled: 11110/14 - - Improvernentsto be completed by: 2113/2015 - I will attend a Iniftim irn of 50% of the ARI4 meetings (two. I will attend the ARM meetings scheduled for: & QW14M5 Do these two meeting dates occur before the *Pending Type 1VLken$ expkatkin date? [J Yes U No ("See Sect!oi A) If no, you will inly be able to qualify fr a Type IV Retital Lkn upon renewal. I will have. no repcat code violations previously documented within the past year. For properties with four or mare unit.c: 1 1 will conduct resident training annually that includes crime prevention techniques.I I will hold regular resident meetings, gased 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 eplacement date will rgire earlier eorretions. -________ EstimatedDate Last Replaced Replacement Da te - nkriwn -2022 2031 - 2011 2031 2011 2031 - 2011 2022 - - 2012 2032 Unknown - 2022 NA A Lnrknown 2022 - 2022 2014 :2034 - 2011 - 2022 of PrrnerIv Firmace/AC- \Vaterl- leater- Kitchen Appliances- Latindry Arirdiances- Exterior -PamtfSiding, fascia, trim -Windows -Roof -Feree -Shed -Garage -Driveway___________________________________ Sidewa1ks__________________________________ Smote Alarms & Carbon Monxide Alarms hupcincnting the following best practices may assist in the man9gement of your property. icI&/thig The koxes belaw, you itge fi: L Cheek in with tenants every 30 days, 2. Drive by property to check for violations twice a month. Page 2 Tvae IV Mitiaton Plan R' 1h1-11 Fvict tenant's violati of the Iese and all addendts - ovide Iawi/&&ow eri4. ovidegarbageervio. seouifty systorn. vide mairitcnane service p1axtbr appllanoes. tame fseivce _______________ and will retair current on payment oftfflty ftes taxe e&ment nes. pena1tieand otherfirianoial claims due to the City.LII]9 Other(s):_ 1?Ieaso read thorugb1y If the Type W Rental License is approved by The City Counc il, the Licetisee mt comply with f}ie approvedMitigation Plan and all appioable rafty codes. No later than the iO of each calendar mc'nih the llcenee mustsubmit to the Building and Community tandord )epartroent a wdtten report describing all stops takeutoeompy with the Mitigijloii Plan. Iverify that all thmiationprovide4 aiovti is true and aecunite. I understand that if I do not comply with anappved Mitatin Mar4 coinpl y -s-dth afl zw'plkWe Ordfla730e5 WittJii the 11cenopeziod, or operite beyondthe license expiration date-; enforcement actions such as citations formal cornpaint orsa review may result -Date Date * Additionel Owner or Agent Name and Title (pli1) (pleas e Frfr) Aitionl Owner or Agent 8içntró (fripcthk) - Far City Us-e,--ha6&ation Plan Approwd B 2 42JS PolicO--D bneat/Title DOcjT ictCm, 2L ; gJ Cwnmimn±ty dards DopidmentITitle I Page 3 Type IV Mitigation Plan Rev 1116 City Council Agenda Item No. lOa #6 COUNCIL ITEM MEMORANDUM DATE: March 09, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk ,ktaJUh& 4nini( SUBJECT: Type IV 6-Month Provisional Rental License for 6724 France 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 6724 France 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 license was a Type IV Rental License issued on December 09, 2014, on condition of adherence to the Mitigation Plan and City Ordinances. The property qualifies for a Type III Rental License based on eight (8) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. However, the owner failed to comply with the Mitigation Plan and applicable Ordinances, specifically failed to attend Owners/Managers Association Meetings. According to City Ordinances, if the requirements of the license category and the Mitigation Plan are not met, the license renewal category remains a Type IV. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the continued Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. The following is a brief history of the license process actions. Current rental license approval activities: 10-31-2014 The previous Type IV Rental License expired. 11-04-2014 A $125 Administrative Citation was issued for not submitting a Mitigation Plan. 11-04-2014 A $300 Administrative Citation was issued for renting without a license Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 11-17-2014 The owner, Jessica Stoll, applied for renewal of the rental dwelling license for. 6724 France Ave N, a single family dwelling. 12-03-2014 An initial inspection was conducted, however, there was no access to the property. 12-05-2014 A second rental license inspection was conducted. Eight property code violations were cited, see attached rental criteria. A $100 reinspection fee was charged to property due to missed inspection on 12-03-2014. 01-07-2015 A third inspection was conducted and passed with a weather deferral. $100 reinspection fee was paid. 01-21-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 01-21-2015 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. 02-04-2015 A Mitigation Plan was submitted. 02-13-2015 The Mitigation Plan was finalized. 03-02-2015 A letter was sent to the owner notifying that the hearing before the Council will be held March 09, 2015. Prior Type IV Rental License approval activities: 02-12-2014 The owner, Jessica Stoll, applied for renewal of the rental dwelling license for 6724 France Ave N, a single family dwelling. 03-06-2014 An initial rental inspection was conducted. Two property code violations were cited, see attached rental criteria. 04-09-2014 A second inspection was conducted and failed. No access to the property. A $100 reinspection fee was charged to the property. 04-24-2014 A third inspection was conducted and passed, however, $100 reinspection fee is still owed. 04-30-2014 The previous rental license expired. 05-01-2014 The property was posted as an unlicensed rental property. 05-05-2014 The $100 reinspection fee was paid. 05-22-2014 City records indicate zero validated police incident/nuisance calls occurred in the past twelve months. 05-22-2014 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. 06-09-2014 A $125 Administrative Citation was issued for failure to meet the Mitigation Plan requirements. 06-27-2014 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. 10-31-2014 The rental license expired. 11-05-2014 A Mitigation Plan was submitted. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 11-24-2014 The Mitigation Plan was finalized. 12-02-2014 A letter was sent to the owner notifying that the hearing before the Council will be held December 8, 2014. Previous Type IV Rental License approval activities: 08-09-2013 The owner, Jessica Stohi, applied for renewal of the rental dwelling license for 6724 France Ave, a single family dwelling. 09-05-2013 An initial rental inspection was conducted. Four property code violations were cited, see attached rental criteria. 10-15-2013 A second inspection was conducted and passed. 10-15-2013 City records indicate zero validated police incident/nuisance calls occurred in the past twelve months. 10-23-2013 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 10-31-2013 The previous Type IV license expired. 11-18-2013 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 12-03-2013 A Mitigation Plan was submitted. 01-17-2014 The Mitigation Plan was finalized. 01-17-2014 A letter was sent to the owner notifying that the hearing before the Council will be held January 27, 2014. Previous Type IV Rental License approval activities: 11-06-2012 The Owner, Jessica Stoll, applied for an initial rental dwelling license for 6724 France Ave N, a single-family residential property. 11-16-2012 An initial rental inspection was conducted. (13 property code violations were cited, see attached rental criteria.) 12-04-2012 A follow up inspection was conducted and failed. 12-10-2012 A second follow up inspection was conducted and failed. 12-10-2012 $100 in reinspection fees were applied to the property. 12-14-2012 The rental inspection was conducted and passed. 01-03-2013 The $100 reinspection fee was paid. 01-31-2013 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 02-20-2013 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 03-08-2013 A Mitigation Plan was submitted. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 04-03-2013 Mitigation Plan was finalized. 04-12-2013 A letter was sent to the owner notifying that the hearing before the Council will be held April 22, 2013. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: e At least 75% of units will be inspected for properties with 15 or less units. o At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the publictrust 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 l-3 Year 1 -2 units 0-1 Type 11-2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units 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 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 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 all people and preserves the public trust COUNCIL ITEM MEMORANDUM Budget Issues: There are no budget issues to consider. Strategic Priorities: . Vibrant Neighborhoods Attachment - Mitigation Plan - Resolution Approving a Type IV Rental License for 6724 France Ave. N. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/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 6724 FRANCE AVE. N. WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 6724 France Ave. N., was issued a Type IV Rental License on December 9, 2014; and WHEREAS, City Ordinance Section 12-901.2 requires a property owner who receives a Type IV Rental License complete Phase I, II and III of the Crime Free Housing Program; and WHEREAS, City Ordinance Section 127914.3.c establishes the requirement for Phase II of the Crime Free Housing Program including attendance at a minimum of 50 percent of Owners/Managers Association Meetings and completion of Crime Prevention Through Environmental Design Requirements; and City Ordinance Section 12-913 requires submittal of monthly updates; and WHEREAS, the property owner of 6724 France Ave. N., Brooklyn Center failed to attend Owners/Managers Association Meetings. 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 6724 France Ave. N., Brooklyn Center, MN. March 09, 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: 753559-3300 TrilL! - 5301 Shingle Creek Parkway Fox, 763-569-3360 Brooklyn Center, MN 55430-2199 ivvdtyofbrook!Itter.otg Rental License Mitigation Plan—Type IV Rental License Hwzdu'rlilen plans will not be accepted Please type or nseflllableform on City webriie Prptdy :OW'n Nani Jessl StoI Local Agent > Owner Address Agent Address 711 BulternetAve St Paul MN 55102 OvnerPhone 612-309-:9885'AgentPhone OwneL Ern.i1I iavstow27hotmail corn Agent Email RenhiLicense []Nnw [$J Rcn'ewati Current License F'<piretron Doto kl Vending Type 1V License Eap. Däte:' t (Vfx rnout/isfroin crrCflt license expfrathrn) Based on properly conditions end/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 ongoincomliance with City Ordinances and applicable Codes. The Mitigation Plan provides an opportunity to review properly concerns and idtnti& possible sol utions to improve the overall conditions and management OFIbe property. NOTICE: Tune is Running Out—You must TAKE ACTION NOW in order to meet all the city ordinance and Mitigation Plan requirements within this *pending license period and avoid Legal actions, Submit the following documents with the Mitigation Plan for approvals 1. Crime Free Housing Program Training Certificate (if completed, if not completed, please include scheduled date in Section C.[21]i 2. Copy of Lease including Minnesota Crime Free housing Lease Addendum[171] 3, Submit written report by 10th of each month (after license approval). 1h1Lse I 1. Use written kate including Crime Free Housing Lease Addendum,[?J 2. Conduct criminal background check for all prospective tenants. Provide documentation to City if requested.LZJ 3. Pursue the eviction of tenants who violate the terms of the lease or any addeo&tms. Page 1 Type IV Mitigation Plan Rev 11-1611 4. Attend City approved eight hour Crime Free Housing course. Date Course Completed: 111150014 - or Date Course Scheduled: Phase IIEZIComplete Security Assessment and implement all security improvements recommended by the Brooklyn Center Police Department. Date Scheduled-' 1117114 @ 10:3Oom Improvements to be completed by: 11110/14 Phaseffi Iwill attend a minimum of 50% of the ARM meetings (two). I will attend the ARM meethgsscheduled for &140- )i4Ii - Do theso two meeting dates occur before the Vending 73e1YLfcense expiration date? Dcs $1 110 (See &c4on 4) If no, yna will only be able to quality for a Type LV Rental License upon renewal. CZJ I will have no repeat cede violations previously documented within the past year. Fo,p,ope#Zs uIthfoiiot MOM rnitr IwiIt conduct resident training annually that includes crime prevention teehnimies. I will hold regular resident meetings. Based on condition and age, estimatedreplacement datct are provided for common capital items. Funding should be considered accordingly. However, items broken, worn orothervise in violation prior to the estimated re p lacement date will require earlier corrections.- Date Last Replaced Estimated Replacementflate FumacelAC- -20ro __ Water Heater saio Kitc hen Appliances-- roee Oi3 stmia Lawtdry Appliances-- roil, isse -rOeO - Exterior NA-Paint/Siding, fascia, trim__________________ 2Ots 2030-Wind owt 2008 Mail_F'Oof -Fenee --- 0OO's 2030 -Shed --NA-Garage -. -Drivcwny NA - - Smoke Alarms & Carbon Moumr'ode Alarms 2Cn$2020 w_I n ._j ___J -I. imptomnentiug the following best practices may assist in the management of your property. Bcking the boxes below, you Wee f6. O i. Check in with tenants every 30 days, [[i] 2. Drive by ,ropetty to check for violations twice a month. Page 2 'type IV Mttigatlon Plan Rev 11-16-11 eTj 'Evict teuths n'vio1ation of the lease and all addendums, >'] 4 Provide lawn)snowservice Provrde garbage seivice. 6.' Install ecwty yste*3i. [] lmawmmce mict Plan for Appliances- Name of service co of 'EIt , iiuinda) duhi due to t1ji Cc. 1k5e ('Id thtrouiily: S If tIi Tp' IV cud Lkve i-.4 ujp vi i- i1t City CurwjU 1bu tic mx nJi amo.y wttb iI liictkn PLaii od All, eppabte dv ccdes. \ iir ili Sh, 10" Of, ach c(ccInr month. the Ii .cece rnwt UbndL u (1I iildic uid Community Suinthcch l)jianoeiL n written rpJri deeibb c1,1(t IQ iiyvbh ib h.uin 3Ion, I verify th all i1611miiOn 1)m.vkkk1 buy is llue Ond ccuule. I underslmd 1hl lf I do cot winply vith au rced iiulg.ui Plaui. cicnIy with nfl applicable trd iec, itIiin Ihe liccunc period.. or operate licyotud Ilic Iii-ur expiraikm dai. 19 en ntactlons such iks "ti t19is, forrnulcuuitphin k or licenae review may r_ulL Jessica Jean StoI Of Dut, \ 'ii \ iuc Iikpb Pvufl S Adldana1 0wn. r.'a.t Nict- atJ Title t jjt Pili PIII dd uuin 10 rut 't, al \. I'u •\l'u iar-c1fl'- Poli,j I) p.iatu I Ttik r 13 l}4iiL_1lkt a tdTdwds 136paymc./ 11 1 1, Typo VI liii thmPhi Rev11. 6 City Council Agenda Item No. lOb COUNCIL ITEM MEMORANDUM DATE: February 24, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Resolution Authorizing Approval of the Issuance of a Premises Permit for Brooklyn Park Babe Ruth to Conduct Lawful Gambling at Jammin Wings, 2590 Freeway Boulevard, Brooklyn Center Recommendation: It is recommended that the City Council consider adoption of Resolution Authorizing Approval of the Issuance of a Premises Permit for Brooklyn Park Babe Ruth to Conduct Lawful Gambling at Jammin Wings, 2590 Freeway Boulevard, Brooklyn Center. Please note that the City Council approved a premises permit for Brooklyn Park Youth Hockey Association at Jammin Wings in August 2014, but the Hockey Association did not pursue the license from the Gambling Board. Background: Brooklyn Park Babe Ruth has submitted a Minnesota Lawful Gambling Premises Permit Application to conduct lawful gambling at Jammin Wings, 2590 Freeway Boulevard, Brooklyn Center. A background investigation has been conducted by the Brooklyn Center Police Department which indicates the investigation did not reveal any issues that would prohibit the issuance of the license. Minn. Stat. § 349.213 Subd. 2. Local approval. The board may not issue an initial premises permit unless approval is received from: (1)the city council of the statutory or home rule city in which the organization's premises is located, or (2)the county board of the county where the premises is located. The organization must submit a resolution from the city council or county board approving the premises permit. The resolution must have been adopted within 90 days of the date of application for the new permit. Attached is a resolution for City Council consideration to authorize approval of the issuance of a premises permit for Brooklyn Park Babe Ruth to conduct lawful gambling at Jammin Wings, 2590 Freeway Boulevard, Brooklyn Center. Budget Issues: There are no budget issues to consider. Attachments: City Code Section 11-123 and 23-1900 through 23-1904 Mission: Ensuring an attractive, clean, safe COJiiJJZiiIiitl' that enhances the qiitihtj' of life (iii(lpIeSeJVeS the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING APPROVAL OF THE ISSUANCE OF A PREMISES PERMIT FOR BROOKLYN PARK BABE RUTH TO CONDUCT LAWFUL GAMBLING AT JAMMTN WINGS, 2590 FREEWAY BOULEVARD, BROOKLYN CENTER, MINNESOTA WHEREAS, Brooklyn Park Babe Ruth has submitted a Minnesota Lawful Gambling Premises Permit Application to conduct lawful gambling at Jammin Wings, 2590 Freeway Boulevard, Brooklyn Center, Minnesota; and WHEREAS, the Minnesota Gambling Control Board requires a municipality to submit a resolution authorizing approval of the issuance of any lawful gambling premises permit within its borders; and WHEREAS, Brooklyn Park Babe Ruth has submitted all appropriate and necessary documentation for the premises permit and a background investigation has been conducted by the Brooklyn Center Police Department regarding all named gambling managers and nothing was found in that investigation that would preclude the issuance of a Minnesota Lawful Gambling License; and WHEREAS, Brooklyn Park Babe Ruth agrees to provide to the City of Brooklyn Center each month copies of the monthly reports they submit to the Minnesota Gambling Control Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, that the issuance of a premises permit to Brooklyn Park Babe Ruth to conduct lawful gambling at Jammin Wings, 2590 Freeway Boulevard, Brooklyn Center, Minnesota, is hereby approved. March 9, 2015 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. MINNESOTA LAWFUL GAMBLING 12/12 Page 1 of 2 LG214 Premises Permit Application Annual Fee $150 (NON REFUNDABLE) Required Attachments to LG214 1.If the premises is leased, attach a copy of your lease.Mail the application and required attachments to: Use LG215 Lease for Lawful Gambling Activity.Gambling Control Board 2.$150 annual premises permit fee, for each permit 1711 West County Road B, Suite 300 South (non refundable).Roseville, MN 55113 Make check payable to "State of Minnesota" Questions? Call 651-539-1900 and ask for Licensing. Organization Information 1.Organization name Brooklyn Park Babe Ruth License number 03273 2.Chief executive officer (CEO) Phillip E. Larkins Daytime phone (612) 991-6050 3.Gambling manager Kathy Howard Daytime phone (763) 493-2065 Gambling Premises Information 4.Current name of site where gambling will be conducted JammiriWings Sports Bar and Grill 5.List any previous names for this location 6.Street address where premises is located 2590 Freeway Blvd. Do not use a P.O. box number or mailing address. 7.City TownshipOR County Zip code Brooklyn Center Hennepin 55430 8.Does your organization own the building where the gambling will be conducted? Yes [--/]No If no, LG215 Lease for Lawful Gambling Activity.attach A lease is not required if only a raffle will be conducted, 9.Is any other organization conducting gambling at this site? EYes / No ElDont know 10.Has organization conducted at this site? EYes L-6 No Dont knowyour previously gambling Gambling Bank Account Information. Must be in Minnesota. 11.Bank name Bank account number Associated Bank 2283 027 007 12.Bank street address r City State Zip code 7001 Bass Lake Road N'€WP-, MN 55428 All Temporary and Permanent Off-site Storage Spaces 13.Address (Do not use a P.O. box number) City State Zip code 7324A Lakeland Ave N. Brooklyn Park MN 55428 14.Address (Do not use a P.O. box number) City State Zip code MN LG214 P'emises Perm i t Application 12/12 Page 2 of 2 AcktiiowDedgrnot by Loc& Unit of ovornrnoriit Ir\pprois by RawDutiion CITY APPROVAL COUNTY APPROVAL for a gambling premises for a gambling premisesLocal unit o flocated within city limits must vernmentg soign located in a township City name County name Date approved by city council Date approved by county board_________________________ Resolution number number____________________________________ Signature of city personnel Signature of county personnel Title Date signed Date signed TOWNSHIP NAME Complete below only if required by the county. On behalf of the township, I acknowledge that the organization is applying to conduct gambling activity within the township limits. [A township has no statutory authority to approve or deny an application, per Minnesota Statutes 349.213, Subd, 2.] Print township name Signature of township officer Title Date Acknowledgment and Oath 1.I hereby consent that local law enforcement officers, 6. I assume full responsibility for the fair and lawful the Board or its agents, and the commissioners of operation of all activities to be conducted. revenue or public safety and their agents may enter 7. I will familiarize myself with the laws of Minnesota and inspect the premises. governing lawful gambling and rules of the Board and 2.The Board and its agents, and the commissioners agree, if licensed, to abide by those laws and rules, of revenue and public safety and their agents are including amendments to them. authorized to inspect the bank records of the 8. Any changes in application information will be submitted gambling account whenever necessary to fulfill to the Board no later than 10 days after the change has requirements of current gambling rules and law. taken effect. 3.I have read this application and all information 9. I understand that failure to provide required information submitted to the Board is true, accurate, and or providing false or misleading information may result complete. in the denial or revocation of the license. 4.All reqiired information has been fully disclosed. 10. I understand the fee is nonrefundable regardless of S. die chief executiveof cr of the, organization. license approval/denial. - Signature of 59ief Execu e Officer (designee may not sign) Date Print name A, o Onto privacy notice: The information requested on this Board. All other information provided will be Safety; Attorney General; Commissioners form (and any attachments) will be used by the Gambling private data about your organization until of Administration, Minnesota Management Control Board (Board) to determine your organization's the Board issues the permit. When the & Budget, and Revenue; Legislative qualifications to be involved in lawful gambling activities in Board issues the permit, all information Auditor, national and international gam- Minnesota. Your organization has the right to refuse to provided will become public. If the Board bling regulatory agencies; anyone pursuant supply the information; however, if your organization does not issue a permit, all information to court order; other individuals and refuses to supply this information, the Board may not be provided remains private, with the excep- agencies specifically authorized by state able to determine your organization's qualifications and, tion of your organization's name and or federal law to have access to the as a consequence, may refuse to issue a permit. If your address which will remain public, information; individuals and agencies for organization supplies the information requested, the Board Private data about your organization are which law or legal order authorizes a new will be able to process your organization's application, available to: Board members, Board staff use or sharing of information after this Your organization's name and address will be public inlor- whose work requires access to the infer- notice was given; and anyone with your mation when received by the mation; Minnesota's Department of Public written consent. This form will be made available in alternative format, i.e. large print, Braille, upon request. ,/ fra MINNESOTA LAWFUL GAMBLING L9115 Locage Vow L mif ul A nmfoAng AWAbv Revised 11/12 Page 1 of 2 Organization I Address License/site number Daytime phone79ay4L /frJq 4'-e. it). Name of leased premises street address ti-t- , State Zip Daytime phone Tf1)7/2//,U (4 MN 7w//Uc S ii%' iCi Ti Name of legal owner /ihrA/A7if ((Business/street address If j (f/C //' Cit .rn // State Zip Daytime phone Name of lessor [if same as legal owner, write in "SAME" Check applicable item: 1.New lease. Do not submit existing lease with amended changes. Date that the changes will be effective. Submit changes at least 10 days before the effective date of the change. 2.New owner. Effective date _ Submit new lease within 10 days after new lessor assumes ownership. Check all activity that will be condncted (No lease required for raffles) Pull-tabs [paper] Electronic pull-tabs [must also sell paper pull-tabs]- Linked electronic bingoPull-tabs [paper] with dispensing device Electronic games may only be conducted at: Bar bingo Bingo (1) a premises licensed for the on-sale or off-sale of intoxicating liquor or 3.2 percent Ti boards malt beverages [but does not include a general food store or drug store permitted to sellpalcoholic beverages under Minn. Stat. 340A.405, subdivision 1]; or Er•'J Paddlewheel Paddlewheel with table (2) a premises where bingo is conducted as the primary business and has a seating least[ j capacity of at 100. PULL-TAB, flPOARD, AND PADDLEWHEEL RENT Separate rent for booth and bar ops BOOTH OPERATION - Some or all sales of gambling equipment are conducted by an employee/volunteer of a licensed organization at the leased premises. ALL GAMES, including electronic games - Monthly rent to be paid, J%, not to exceed 10% of gross profits for that month. • Total rent paid from all organizations for only booth operations at the leased premises may not exceed $1,750. • The rent cap does not include BAR OPERATION rent for electronic games conducted by the lessor. BAR OPRATON - All sales of gambling equipment conducted by the lessor or lessor's employee. ELECTRONIC GAMES - Monthly rent to be paid, %, not to exceed 15% of the gross profits for that month from electronic pull-tab games and electronic linked bingo games. ALL OTHER GAMES - Monthly rent to be paid, %, not to exceed 20% of gross profits from all other forms of lawful gambling. If any booth sales conducted by a licensed organization at the premises rent may not exceed 10% of gross profits for that month and is subject to booth operation $1750 cap. BINGO RENT for leased premises where bingo is the primary business conducted, such as bingo hall. Bingo rent is limited to one of the following: • Rent to be paid, _______ °h, not to exceed 10% of the monthly gross profit from all lawful gambling activities held during bingo occasions, excluding bar bingo.- OR - e Rate to be paid $ _______ per square foot, not to exceed llO% of a comparable cost per square foot for leased space, as approved by the director of the Gambling Control Board, The lessor must attach documentation, verified by the organization, to confirm the comparable rate and all applicable costs to be paid by the organization to the lessor.• Rent may not be paid for bar bingo. • Bar bingo does not include bingo games linked to other permitted premises. LE-ASE TERMNAMN CLALIILO Must be compeed The lease may be terminated by either party with a)written day notice. Other terms LQ2 15 Lease w Lawful Gamfollng Acthrty Revised 11/12 Page 2of2 Lease Term - The term of this agreement will be concurrent with the I Other Prohibitions - The lessor will not impose restrictions premises permit issued by the Gambling Control Board (Board). on the organization with respect to providers (distributor or I linked bingo game provider) of gambling-related equipment Management The owner of the premises or the lessor will not I and services or in the use of net profits for lawful purposes. manaqe the conduct of lawful qamblinq at the premises. I The organization may not conduct any activity on behalf of the lessor on the leased premises. Participation as Players Prohibited - The lessor will not participate directly or indirectly as a player in any lawful gambling conducted on the premises. The lessors immediate family and any agents or gambling employees of the lessor will not participate as players in the conduct of lawful gambling on the premises, except as authorized by Minnesota Statutes 349.181. Illegal Gambling The lessor is aware of the prohibition against illegal gambling in Minnesota Statutes 609.75, and the penalties for illegal gambling violations in Minnesota Rules 7865.0220, Subpart 3. In addition, the Board may authorize the organization to withhold rent for a period of up to 90 days if the Board determines that illegal gambling occurred on the premises or that the lessor or its employees participated in the illegal gambling or knew of the gambling and did not take prompt action to stop the gambling. Continued tenancy of the organization is authorized without payment of rent during the time period determined by the Board for violations of this provision, as authorized by Minnesota Statutes 349.18, Subdivision 1(a). To the best of the lessor's knowledge, the lessor affirms that any and all games or devices located on the premises are not being used, and are not capable of being used, in a manner that violates the prohibitions against illegal gambling in Minnesota Statutes 609,75. Notwithstanding Minnesota Rules 7865.0220, Subpart 3, an organization must continue making rent payments under the terms of this lease, if the organization or its agents are found to be solely responsible for any illegal gambling, conducted at this site, that is prohibited by Minnesota Rules 7861.0260, Subpart 1, item H or Minnesota Statutes 609.75, unless the organization's agents responsible for the illegal gambling activity are also agents or employees of the lessor. The lessor must not modify or terminate the lease in whole or in part because the organization reported, to a state or local law enforcement authority or the Board, the conduct of illegal gambling activity at this site in which the organization did not participate. The lessor, the lessor's immediate family, any person residing in the same residence as the lessor, and any agents or employees of the lessor will not require the organization to perform any action that would violate statute or rule. The lessor must not modify or terminate this lease in whole or in part due to the lessor's violation of this provision. If there is a dispute as to whether a violation occurred, the lease will remain in effect pending a final determination by the Compliance Review Group (CRG) of the Gambling Control Board. The lessor agrees to arbitration when a violation of this provision is alleged. The arbitrator shall be the CRG. Access to permitted premises -Consent is given to the Board and its agents, the commissioners of revenue and public safety and their agents, and law enforcement personnel to enter and inspect the permitted premises at any reasonable time during the business hours of the lessor. The organization has access to the premises during any time reasonable and when necessary for the conduct of lawful gambling. Lessor records -The lessor must maintain a record of all money received from the organization, and make the record available to the Board and its agents, and the commissioners of revenue and public safety and their agents upon demand. The record must be maintained for 3-1/2 years. Rent all-inclusive - Amounts paid as rent by the organization to the lessor are all-inclusive. No other services or expenses provided or contracted by the lessor may be paid by the organization, including but not limited to: - trash removal - janitorial and cleaning services - electricity, heat - other utilities or services - snow removal - lawn services - storage - security, security monitoring - cost of any communication network or service required to conduct electronic pull-tabs games or electronic bingo - in the case of bar operations, cash shortages. Any other expenditures made by an organization that is related to a leased premises must be approved by the director of the Gambling Control Board. Rent payments may not be made to an individual. Acknowledgment of Lease Terms I affirm that this lease is the total and only agreement between the lessor and the organization, and that all obligations and agreements are contained in or attached to this lease and are subject to the approval of the director of the Gambling Control Board. Other terms of the lease 7 Signature ofrlsor / Date.SjtüT of organizatioiofficial [lessee] Date Print nm and title of lersor / Print namend title of lessee j S Questions Contact the Licensing Section, Gambling Control Board, at 651-539-1900. This publication will be made available in alternative format (i.e. large print, Braille) upon request. Data privacy notice: The information requested on this form and any attachments will become public information when received by the Board, and will be used to determine your compliance with Minnesota statutes and rules governing lawful gambling activities.- Reset Form - Print Form '.'L4. JJU.L'¼d L'.LLL1 U5t4L), 111'..'., .L.#UJ. T iacL oil From: rtostendorf <rtostendorf©com cast. net > To: Steve Gulenchyn <steve.gulench y nb roo kl yn p ar k .org >; Ericksen, Joe <jericksen©c i.br oo kI yncen t e r .mn.us > Subject: Brooklyn Area Babe Ruth League, Inc .... 2014 Date: Fri, Feb 14, 2014 10:41 am The following lists the 2014 Brooklyn Area Babe Ruth Board of Directors. President Ron Ostendorf 763-228-7669 Executive Vice President Jeff Chopp N/A Operations Vice President Scott Smeaton 612-310-1096 (City Leagues) Administration Vice President Phil Larkins 612-991-6050 (Travel Leagues) League Secretary Jim Ross 763-56679026 (Registrations-web site, Information) League Treasurer Steve Kilborn 763-566-8966 (Financials) Director @ Large Mike Bertrang N/A Equipment Director Craig Lindgren 612-247-6664 Please keep this information for Your use only.If You have any questions or concerns please email or call Me at Your earliest convenience.Thanks. Regards, Ron Ostendorf 763-424-2024-h 763-228-7669 • ••(1 ii y[: T http://webmail 1 .rnail .aol .conV3 8394-111 /aol-6/en-us/mail/PrintMessage.aspx 2/17/2014 ir CITY OF A GREAT PLACE TO START, A GREAT PLACE TO STAY www.cityofbrooklyncenter.org March 6, 2014 Dear Sir/Madame, I have worked closely with the Babe Ruth organization for 25 years to ensure a quality youth baseball program. The Babe Ruth members demonstrate outstanding commitment and dedication to the youth in our community. The amount of volunteer time and effort the board, coaches, and parents exhibit is extensive. Throughout the years, Brooklyn Area Babe Ruth has raised and donated many dollars for the improvement of city facilities. There are many park and field improvements that have been completed because of this group's donations and hard work. Without their generosity and support, there is the possibility that we would have just average parks and fields for our youth to play and compete on. Instead, we have excellent parks and fields due to the relationship that has formed between the city and Brooklyn Area Baseball. I, as an employee of the city of Brooklyn Center, appreciate all that the Babe Ruth Association has done for our community. I actually grew up here in Brooklyn Center and participated in this program and have many great memories. It has always been an excellent program for the youth in our community. The Babe Ruth organization continually strives to improve their program. I and the city of Brooklyn Center appreciate all of their hard work and efforts. All opportunities they create to better the program is beneficial to all. Brooklyn Area Babe Ruth is surely an asset to our community. If I can be of any assistance in giving more information regarding the work of Brooklyn Area Babe Ruth, do not hesitate to contact me. Yours Sincerely, Joe Ericksen Recreation Supervisor City of Brooklyn Center 763-5693382 jericksen@ci.brooklyn-center.mfl.US City llnlI Community Center - PolIce 1 Fire Departments 6301 Shingle Creek Parkway 6301 Shingle Creek Parkway 6645 Humboldt Avenue Worth Brooklyn Center, MN 55430 Brooklyn Center, MN 55430 Brooklyn Center, MN 55430 763.569.3300. Fax: 763.569.3494 763.569.3400W Fax: 763.569.3434 763.569.3333 Fax: 763.561.0717 Brooklyn Area Babe Ruth Baseball cE ii L1 Q) I .0 4 Iwo E Q 0 I 00 hi laD) ce jo MA 0 'A DO © [yj UM © © © © rdo:O © NO rA o\T1 © © •• \ (^ D--D fr FM In nLJ E cd o 0 Cl) Cd 4 co-cd cD rEd o 0 0 0 Cd Cd 0 . 0 bJ3 c=l0 (D0— — o 00 Q ©co CO cd k CO Cd pq cd co KA F 0 o 0 0 0 EE0 CO 0 r 0 ° 0 Cd CSW co 0 a g 0 1\ •'= \_J c=4 AJ j •v1 oç3 .1 0 C 0"J - C tA ThuJJ0 ' 0:iDclçc H00 0000000 .1 .1 o 000000 0 0 0 C 0 00 E [- - I fl \ - ', 0 (IJ 0 .p. _0 fl 0 ' [1U 0 Cd Cd NO LO Cd bio co bno 0 Cd 0 Iil bio cd w co k L5 p Cd x bn cd Cd I-' FdF dddFd 0 0 0 @1 ) L riJ L;1 p6o) © On o] v- ° C\1 el Pi ^To4LOA Cd LO ct) L NO 0 CdE 0 C (I C 000 CC'I o 0 Cd C 0 co C o) E C (iE C C0 (U C 0 0 (U .1 co C C0 C co NO(U (U(U .1(U C (fECd(U co (U (U (U 0 co Cd C 0Ccoco 0 Cd (U.1 ct:(U 0 Cd Cd .1.1 C C ci.1.1C0 0 co 0 cd .1.1Cd (U0 Cd Co I o © a C)y=l g L) ) cq al .1 F1 00 W ry:4 Cd I I o o vd oco I 0 AIN JI No oJ IDOl '- LL cu o cd Xv RO (0 0 0 ww O! 1 1Lal cn Fl Uo L EiJ P n 6 =) J= I F OO°a O) 5)0 co^) vo —d 0 PA o w cd Cd p L 0Po QD oo r-H o [ [2 © ©L. © ©© © P-h g c1Cf) 00 Lj- 11liE© Ci) 00 0=1 =1Ci)co Co 00 00 p\0 cd cd © c © o0:EcL o co un Cd W-4 © 0 © o o 0 iH (1\CIU) o 0 0 'flML ___o ra^ ci 1:Q oj 2 V^l WooE [0 t)- o L) VN GN o n=< - oct) 6P (L , ©L) 0 Tc Q o 0 o OL o o '= I 0 NO 0 ril o E ±=e= N f IfJ\ v= - o 0 LAO o L) ^0 21 AlNO o jt 0 ((1.LH 1LLL--IJ Ino x1 bio (^ co) (6E EcCO F E° cd v 10 += 0 ° EE S 0 VA Co S Co E 0 cd 0 0 09 o Co 0 S0ECo0E 2Co00 L ^A ILA 0 0 0000 cd 4) 00 P-4 04 E E Cl) 0 Cd 0 CD C ct E EC0 C-6 row C 0 C Cd C C C EC 0 Cd'I0 .1 00 CIO 00 00 0C Cd .1'I 0 CDCD C cd CY 0 C 00 0 0C C N C C CE0 C 0 No ii CDCDC © .1 CD 0 Cd CCD C 0 II oii1 0 xi M Idcd Wr (0)0 crj .10cd- jJ E coCd o z ri: flt fi 0 Cd0 ii 04 dd0 r1 '1.++= _- 0 0=1 ' flfl)=1 W .0=1 )(D c PA^ C) (?Ip) ci EEC C I cd I C C bJ3 C CtCCtCtC Ct C C C C CCt C 0 C 0 C Ct 0 .1 VP- lei cd W CIO Cd CII C C C C ° C Ct 0C C C C C Ct C Ct -CC 0 CtC C C ct 0 Cdhi I 0 0 0 2 Cd.- CI) Cdrl 64 ;s0 0 Cd AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION March 9, 2015 Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M. Council Chambers City Hall A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. ACTIVE DISCUSSION ITEMS 1.TH 252 Corridor Study Update 2.Discussion on Potential Sales and Development of Economic Development Authority (EDA) Properties Within the Brooklyn Boulevard Corridor (6101, 6107, and 6121 Brooklyn Boulevard) PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1.E-Cigarettes in Public Places 2.Sister City Voinjama Visit Update 3. Paperless Packets Report Work Session Agenda Item No. 1 MEMORANDUM - COUNCIL WORK SESSION DATE: March 3, 2015 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer 5 SUBJECT: TH 252 Corridor Study Update Recommendation: It is recommended that the City Council consider providing direction to staff regarding civic engagement pertaining to the Trunk Highway 252 Corridor Study. Background: In April 2012, the City directed staff to proceed with transportation planning initiatives and develop a strategy that could be used to identify and address the multiple transportation issues associated with the Trunk Highway (TH) 252 corridor. Funding was designated to hire a consultant and perform a feasibility study. WSB was hired and has completed the majority of the work including data collection and evaluation, developing a long-term vision for the corridor, and developing and evaluating alternative designs. As part of this work, civic engagement included an initial Open House No. 1 on May 21, 2014 where the existing conditions were reviewed and input from the public was gathered. A technical advisory committee (TAC) was assembled that include the Cities of Brooklyn Center and Brooklyn Park staff, Minnesota Department of Transportation, Metropolitan Council, and Metro Transit. Alternatives to address the identified transportation issues were developed and evaluated by the TAC team and then presented at Open House No. 2 on February 10, 2015. At Open House No. 2, residents suggested additional alternatives for consideration, which have subsequently been included in the alternative evaluation as requested. In an effort to ensure short- and long-term planning alternatives are coordinated, three corridor options have been developed (see Options 1, 2 and 3). These options demonstrate logical changes to the corridor pertaining to access revisions along the corridor that would be necessary based on the many factors and requirements that determine interchange locations. Based on this ultimate conversion of the existing TH 252 expressway to a freeway, interim alternative improvements have been developed that could be used to strategically convert this roadway to a freeway over time. This strategy will help ensure the investment of public funds are maximized towards the long-term development of this corridor and do not end up as "throwaway" interim projects. The TAC developed many different alternatives, focusing on the 66th Avenue intersection, and performed an in depth evaluation of the alternatives as presented at Open House No. 2. Several of these alternatives were eliminated due to critical design issues and the remaining were evaluated using criteria including safety, congestion, cost, property impacts, access impacts, pedestrianlbicycle connectivity and safety, development impacts, neighborhood connectivity, environmental impact and emergency response. The TAC then narrowed the alternatives down to a preferred alternative. As indicated, additional alternatives were then developed as requested by i11ission: Ensuring an attractive , clean, safe, inclusive conununitj' that enhances the qualitr of life n all people and preserves the public trust MEMORANDUM - COUNCIL WORK SESSION the public during Open House No. 2. The preferred alternative and these three additional alternatives have been created to assist in developing a feasible interim project for the three intersections in Brooklyn Center (see attached Alternatives 1, 2, 3 and 4). Two different matrices where then prepared comparing the different evaluation criteria (see attached). A presentation will be provided to the Council at the, work session to further discuss the alternatives, public involvement and to discuss a strategy in developing a final preferred alternative for the City to champion as we proceed. Policy Issues: Does the City Council desire to present these corridor alternatives to the public for input as an inclusive civic engagement priority at this point? Strategic Priorities: . Civic Engagement Mission: Ensuring an attractive, clean, s/?, inclusive coinmun ity that enhances the quality of life for al/people andpreserves the public trust %n CODINMUM4maaltLeeU LL U.J l UT QJ U 0I I \ \ \ CD = = '-I CD - 0 - D - - .22 •=cmILL.1:;; • -s a) 1 CD a) - LL.U 1411 \\ \JiV-- co LOco \ 77 I I ii _____ I- - Oi==HLnboIdtrAve=i Ll - 0aJ Iu 'L CO Lam Nei •ctfl IK 0• C)--- -=- '-I- CD CD 14 1[ LJ11 SO F-- CD a)= -= 1 CD LeiCD . = a) U- It 0U Itn p OLI U I ED LO Oo Li/1 I ==—Humbodt=Ave= YF TH 252 Corr'Wor Study Alternative 1 66th Avenue Folded Diamond and 73rd Avenue Half Diamond TH 252 CorrHor Study Alternative 2 66th Avenue West Side Folded Diamond and 73rd Avenue Half MR-w rowl TH 252 Corrkdor Study Alternative 3 70th Avenue Interchange with Bridges at 66th Avenue and 73rd TH 252 Corr '^dor Study Alternative 4 Close Access to East Side at 66th Avenue Evauaton TH 252 nterllrn AOternaUves in Brookyn Center Evaluation Criteria Alternatives 1 2 3 -- 4 66th Folded Diamond with 73rd Half Diamond 66th West Folded Diamond with 73rd Split Diamond - 70th Interchange with Bridges at 66th and 73rd At-Grade with Access to East at 66th Closed Level of Service High High High Low Safety/Crash Reduction High High High Low Compliance with Design Standards High High High Moderate Construction Cost Low-Moderate Low Moderate High Potential for Regional Funding Grants High High High High Minimize Right-of-way Impacts Low-Moderate Low-Moderate Low High Access High High Moderate Moderate Pedestrian/Bicycle Connectivity/Safety 1/High High High High Development Impacts/Potential High High Low Moderate Transit Service High High Moderate High Compatibility with Long-Term Vision for TH 252 High High High Low Neighborhood Impact and Connectivity Benefits Low-Moderate Moderate Low Low Minimize Environmental Impacts Moderate Moderate Moderate High Emergency Response High-High High Low- - Total Score 59 59 49 45 Alternatives are rated from low to high with a low rating meaning it does poor relative to the criterion and high meaning it does well relative to the criterion. Note that for construction costs, right-of-way impacts, and environmental impacts the alternatives are rated based on how well they minimize costs or impacts. 1/ Assumes that a grade separated crossing will be provided at 66th Avenue for bicycles and pedestrians 2/ These alternatives assume that access to TH 252 at 70th Avenue will be closed. It is anticipated that a grade separation would be provided. 70th Grade separation not included in construction costs. Evaluation Criteria Scale Color Scale Low I Low-Moderate Moderate Moderate -High High Score 1 2 IIIIL 3 4 Evaluation TH 252 Interim Alternatives in Brooklyn Center Alternatives 1 2 3 4 Evaluation o Criteria 66th Folded Diamond with 73rd Half Diamond 66th West Folded Diamond with 73rd Split Diamond 70th Interchange with Bridges at 66th and 73rd At-Grade with Access to East at 66th Closed High Level of Service because it eliminates at-High Level of Service because it eliminates at-High Level of Service because it eliminates at-Improves 66th Intersection but still poor level of Level of Service grade intersections grade intersections grade intersections service due to at-grade intersections Some improvement at 66th Intersection but still Significant improvement in safety by eliminating Significant improvement in safety by eliminating Significant improvement in safety by eliminating has many conflicts and weaving with at-grade Safety/Crash Reduction intersection conflicts intersection conflicts intersection conflicts intersection. Compliance with Design Standards Can be designed to meet design standards Can be designed to meet design standards Can be designed to meet design standards Can be designed to meet design standards 66th Interchange $17-$25 million 66th Interchange $22-$30 million 70th Interchange-- $15-$25 million. Bridges at Construction Cost 70th and 73rd Improvements $25 Million 70th and 73rd Improvements $25 Million 66th and 73rd --$10 -$15 million $2 to $3 million Potential for Regional Funding Grants High High High High Will need to acquire significant right-of-way on Will require acquistion of SA but less impact to either east side or west side of TH 252. Aparment residents on east side of TH 252 near interchange,buildings on west side or 10-15 homes on east Will require acquistion of SA and will impact Still have potential acquisition of 2 residents on side. Will also likely result in acquisition of residents on east side of TH 252 near interchange.East side. Potential need to acquire 2-3 more commercial properties at 66th Avenue due to Minimize Right-of-way Impacts Potential acquisition of 2 residents on East side,residential properties on west side elimination of access.Minimal Right-of-way Impacts Maintains good access to TH 252 at 66th and Maintains good access to TH 252 at 66th and Maintains good access to TH 252 at 66th and Emergency access to east side at 66th eliminated. 73rd. Access across TH 252 improved through 73rd. Access across TH 252 improved through 73rd. Access across TH 252 improved through Residents must travel farther to get access to TH Access Impacts grade separation grade separation grade separation 252. Improves Ped/Bike Connectivity and Safety by Improves Ped/Bike Connectivity and Safety by Improves Pad/Bike Connectivity and Safety by Does not address the ped/bike safety or Pedestrian/Bicycle Connectivity/Safety 1/providing grade separated crosssing of TH 252 providing grade separated crosssing of TH 252 providing grade separated crosssing of TH 252 connectivity Maintains good access to 66th Avenue which Maintains good access to 66th Avenue which Provides poor access to 66th Avenue which serves high density housing and commercial serves high density housing and commercial serves high density housing and commercial Minimal Impact on existing commercial Development Impacts/Potential development to Shingle Creek Parkway area development to Shingle Creek Parkway area development to Shingle Creek Parkway area,development Can include a bus stop at interchange. Relocates Transit Service Can include a bus stop at interchange Can include a bus stop at interchange where transit stop is provided Can maintain existing transit service Compatibility with Long-Term Vision forTH 252 Is compatible with long term freeway vision Is compatible with long term freeway vision Is compatible with long term freeway vision Is not compatible with long term freeway vision. Maintains good neighborhood connectivity and Significantly changes neighborhood traffic Maintains good neighborhood connectivity and access to TH 252. Maintains existing travel patterns. Will divert 66th and 73rd traffic to 70th access to TH 252. Maintains existing travel patterns. Minimizes traffic increases on east side Street and increast traffic on 70th Street, West Will increase traffic volumes on West River Road Neighborhood Connectivity Benefits patterns of TH 252 River Road and Humboldt and on 73rd. Potential water resource impacts with construction and additional impervious surface. Potential water resource impacts with Potential water resource impacts with Will also potentially impact park on east side and Minimize Environmental Impacts construction and additional impervious surface construction and additional impervious surface will need to relocate trail Minimal construction and environmental impacts Emergency Response Improved Improved Improved Significantly Worsened , 04 H •-4. - T1TJI1 IJñ1Thq L ii1±jii_iJif : 1JI11± T-ILL H lk, • __ 1 ) U - Leero] + Park & Ride Lots Church I I Commercial [ School i R2 - R5 j -i - City Owned Property Other Properties4 • -, Work Session Agenda Item No. 2 l!4 I M'4 0) 11I a]JJYA [I1IJ[iJ I itLI) ti Si *E1 0JI DATE: March 9, 2015 TO: Curt Boganey, City Manager FROM: Gary Eitel, Director of Business & Development SUBJECT: Discussion on Potential Sales and Development of Economic Development Authority (EDA) Properties within the Brooklyn Boulevard Corridor (6101, 6107, and 6121 Brooklyn Boulevard Recommendation: It is recommended that the EDA consider providing direction to staff regarding the potential sales and redevelopment of 6121, 6107, and 6101 Brooklyn Boulevard as an affordable assisted care senior apartment development. Background: The real estate agent representing SCA Properties, LLC, contacted Told Development, the developer that was marketing the redevelopment of the EDA's 57 th and Logan Site, regarding the possibilities of providing a 4-5 acre site for a senior housing project. Upon examination of this site, SCA Properties, LLC determined that the triangular configuration of the property and the location of the Excel Energy transmission line were restricting factors that disqualified the 57th & Logan Site.as a potential site. Continued discussions relating to developer's site search criteria lead to an alternative location being suggested for the developer's consideration. The EDA properties along Brooklyn Boulevard comprise approximately 5.5 acres between 61 Ave. and Ewing Ave. This site, which included the former Cars with Heart auto dealership, had been identified during the Brooklyn Boulevard Corridor Study as a preferred land use for senior housing opportunities. The developer's review of the location and configuration of this area, resulted in the developer providing the attached sketch which illustrates the construction of a four story apartment building providing 140 one bedroom senior assisted care units and a one story building providing 24 studio units offering specialized assisted care for seniors.. Attached are the following items to assist in your consideration of this potential senior housing project: A narrative provided by the SCA properties and Evergreen Real Estate Development Corporation on their plans to develop and operated an affordable assisted senior project using Low Income Housing Tax Credits and Medicaid Elderly Waiver reimbursements. A copy of their preliminary market report A sketch illustrating their initial development concept overlaid on an aerial photo of this area. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust k'4 I Dk'4 [I) t11I 1Ih I1flIJ[SJ I !i'LI) 1 *'Fi (IIkI Alternate sketches prepared by the project architect relating to expanding the surface parking lot and removing the underground parking as a cost saving measure.. A building elevation illustrating the architectural features of the 4 story apartment building. Additionally, the following site related items have been provided: This portion of the Brooklyn Boulevard Corridor Study, A senior housing project located along France Ave. in Edina that was considered by the Planning Commission in their recommendation of a preferred land use. A V2 section map illustrating the properties located between 61st Ave. and Ewing Ave. Policy Issues: Does the EDA believe the conceptual development illustrated by SCA Properties is consistent with the EDA' s development vision for this site? Does the EDA wish to proceed with negotiating a Letter of Intent with SCA Properties for the development of an affordable assisted care senior housing project? Strategic Priorities: Focused Redevelopment Mission: Enssiiiizg an attractive, clean, safe, inclusive coininunhty that enhances the quality of life for all people and preserves (lie public trust !LiFj[ \\\\I\, l' 4 C 'I , ^/Jg ZA lop- tf IL LLJ pr I 1 .r,. • /1 ;t th\\\ H•j jr r\\\\ ; rz I ;' _ c:•' ___ " r •- _ 1 / ! \ \\\'r-.='- • U\L14\ /ri" -- HL . 0 :• - ' I.:1 t:IJI •.• AC 1^7121: I$L- !711 1211L) SIRLLT '.VEcT 1* • •i-r l, t& I '4 __ Parcel 31-IJ2&24-1 1-B:'7I A-T-9 : Torrens Map Scale: 1 100 ft ID. Print Date: 3/4/2015 - Owner Sunrise Eclina Astd Lvno Lic Market o73 400 Name: Total: Parcel 7128 France Ave S Tax $126218.06 Address: Edina, MN 55435 Total: (Faiable: 2014) Property SaleMnrrnnt i 4i]Oflui]T e Rice: -I This i'.sp 5 a coTpIB:ion of dsts from vp rcuE EoLrcES and IS furnished A2 I. :tI no Home- Sale B3'i rors-t9on orwrrsrit' expressed CrNon-Homestead •stead: Date.irnpI ir'udir. fitness of any picuIt ( -pur p os e , r risn:sbiIIt, cr the cursy and conroletsrsss ciths irrfrms:ion shown. Parcel 41 acres Sale COPYR IG HT :HNNEFNCouNTh'2c•1Area: 12.2.154sqft Code:ThhikGreen ! no- 8do ! c G 0 z 402 nQ COO CQ j . qI - S 0eY Ow role 09 OG RUM OL OL UO I \ \ c;__ __ \ • - 0 0F 2 -----OS HL e- \ oo - OOSO 00 L TTTii - H -1 BROOKLYN CENTER AFFORDABLE ASSISTED LIVING PROJECT DESCRIPTION SCA Properties LLC and Evergreen Real Estate Development Corporation propose the development of The Sanctuary at Brooklyn Center, a 164 unit affordable assisted living community to be built on approximately 5 acres of land in Brooklyn Center, Minnesota. The property is located on Brooklyn Blvd at the intersection of 62nd Ave N. This high traffic location is perfect for this type of project because it provides visibility and easy access to the community the property will serve. Affordable assisted living uses Low Income Housing Tax Credits (LTHTC) to help finance the building and Medicaid Elderly Waiver reimbursements through the Minnesota Department of Human Services to fund needed services. It is designed to serve income-eligible individuals who need help with a host of Activities of Daily Living (ADL) and can no longer live on their own. The maximum income currently allowed under the LIHTC program for the Twin Cities metropolitan area for a single individual is $34,850. The current maximum income for the Medicaid Waiver program is about $26,500. The Waiver program also has an asset cap so some individuals may come in and "spend down" to the asset cap before being eligible for services reimbursement. The market area for this location contains a significant number of people that are in need of assisted living services yet do not have sufficient incomes to afford to move to a market rate community. A market snapshot of the area, which follows this description, shows that the area preliminarily delineated as the market contains over 8,200 people over the age of 75 and over 2,300 households with at least one individual 75 years of age or older with a household income less than $25,000 (40% of households over age 75). Further, the area contains 6,160 individuals over the age of 65 with at least one disability including ambulatory, self care, independent living, hearing, vision or cognitive difficulties (37.5% of the population over the age of 65). Detailed information on this is included in the report. The property will consist of a main four story L-shaped building with 140 one-bedroom units and significant common areas. The one-bedroom units would be approximately 585 square feet in size. Common areas would include a commercial kitchen, dining room, activity rooms, exercise center, beauty parlor, offices, facilities for bathing and assistance with other ADL's, nursing stations and medical examination rooms. Adjacent to the main building and connected by a walkway in order to share staff and some common facilities would be a one story building consisting of 24 studio units for higher acuity residents needing more specialized services. The studio units would be approximately 480 square feet in size. Each unit will have a residential feel and will include a small kitchen with cupboards, a small refrigerator and a microwave. All units will be fully handicap accessible. All utilities except telephone will be included in the rent. The financing described below will allow the building design and materials, the interior amenities and finishes and the grounds to be indistinguishable from a market rate property. A site location map, concept site plan and preliminary building rendering follow this description. The development team is made up of SCA Properties LLC and Evergreen Real Estate Development Corporation. The individuals at SCA include Gary Carlson, Sr. and Andy Aulde. Mr. Carlson is a native of Minneapolis and founded www.scapropertiesllc.com . Many of the properties listed on this website developed by him or those that worked for him are in Minnesota or are housing for lower income seniors. Mr. Aulde has worked in the fields of affordable housing, senior's housing and assisted living for almost 30 years, most notably with the firm, The Shelter Group based in Baltimore. Greg McClenahan is the founder and President of www.evergreenredc.com , based in Prior Lake, MN. His firm has developed a number of LIHTC properties in Minnesota and six affordable assisted living properties in Iowa, which are similar in nature, but were financed somewhat differently than what is proposed here. Once the property is constructed, the property will retain either www.bma-mgmt.com orwww.pathwaysl.com to operate and manage the property and provide the services. Both of these companies manage large numbers of affordable assisted living properties in Illinois, Indiana and other states where the LIHTC with Medicaid Waiver model has been used for many years and are considered the premiere management companies for this type of property. We are pursuing a number of projects in Minnesota including one in West St Paul that serves as our prototype with respect to market, design and financing. As mentioned, properties of this nature are in part financed using low income housing tax credits. Tax credit allocations provide for a 30% boost if the site is located in a I{[JD designated Qualified Census Tract" (QCT). This provides 30% more equity available to finance the project. Our project in West St Paul is significantly helped by the fact that it is located within a QCT. Unfortunately, the site in Brooklyn Center is not in a QCT. Therefore, to help compensate for the difference, we are requesting the City's participation in the project in the form of establishing a Tax Increment Financing (TIF) district and financing the cost of the land. :<>\ _TCk1A \\ I1 [1 j Jfl /- • _=.-.--'I! - jt F RANCE AVE N -- - L - -.-• 15 j*T : 21 c2 OPP- LL - ---- P !'..i; • 0 MIN •-(2I •.: I it 4'\\ \r:w - "\\1 H - ^^^.Avlf —i, ;Zia I?2 __- - --- 1r\ -- -----------, - - , - - . % REAL PROPERTY RESEARCH GROUP WASHINGTON/BALTIMORE 0 ATLANTA Memorandum Gary Carlson, SCA Properties From: Bob Lefenfeld Date: 1/9/2015 Brooklyn Center Assisted Living Demographic Data As you requested, attached is statistical information for the site located at 6000-6100 Brooklyn Boulevard in Brooklyn Center, MN. For the site, we have defined a market area and compiled demographic information, comparing market data to data on the county in which the site resides. Information compiled includes: o A Market Area Map (Map 1). o Market Area Map with 3,5&7 Mile Radius (Map 2) o Market Area Summary (Table 1). o Population and Household projections based on ESRI projections (Table 2). o 2015 Age Distribution (Table 3). o Senior Household Trends (Table 4). o 2015 Household Income (Table 5). o 2015 Income by Age of Householder (Table 6). o Income for Households 75 and Older (Table 7). o 2013 Net Worth (Table 8). o 2013 Net Worth by Age of Householder (Table 9). • Persons 65 and Older with Disability (Table 10). Table 1 summarizes statistical indicators of this market. We also computed two ratios to understand the capture rate for a 100 unit community: o A ratio based on 75+ households with incomes below $25,000 and one disability, o A ratio based on 75+ households with incomes below $25,000 applying national fragility rate of persons requiring three to five Activities of Daily Living (ADLs) as predictive for need for assisted living care. We note that this is not the a capture rate analysis which would be included in a market analysis, which requires more detailed analysis by age cohort and converting senior households to persons. 10400 little Patuxent Parkway Suite 450 0 Columbia, Maryland 21044 0 410.772.1004 0 Fax 866.243.5057 3227 South Cherokee Lane n Suite 1360 • Woodstock, Georgia 30188 r 770.517.2666 fl Fax 866.243.5057 SCA Properties I Assisted Living Data- Brooklyn Center Market Area fl?1I] Efftft V}K[F LJ\ Table 1 Market Summary - Brooklyn Center Market 2015 Population Age 75+ / % of Total Population 8,714 52% 2015 Households with Hhldr 75+ / % of Total Households 5,766 9.5% 2015 75+ Hhlds with Incomes less than $25k / % of Hhlds over 75 2,327 40.4% 2013 75+ Hhlds with Net Worth under $100k /% of Hhlds over 75 12,749 27.7% 2009-2013 Population 65+ with Disability! % of Population 65+6,160 37.5% TffHg0ii1it@!JThiThJi1h9/ ;. Hhlds 75+ w incomes <$25 with a Disability 11.5% Hhlds 75+ w incomes <$25 and applying national fragility rate 30.9% Map 1 Primary Market Area — Brooklyn Center Market -:.- . Q.j. U 89hlIEH-I 61) 9 2 A -. Osseo - Brooklyn ,, Pork a c, h LI 2 Fl 8 1 V, El u B I)H II V 44 Pad. .thA'Il t - — :L5a.,tW(aAW I i Th 41 B •-,'..0..ö1'' Tracts rr W(-' i 1.01 215.03 ..'9 1.02 263.07 ...Vnl-. let 3 260.09 56O,Av!lI 202 2E9.10 <, - l\ --203.01 266.11 - 2A23.02 263.14 42th-1, Fl r, .N 4o,A, • ., 203.03 268.10 ----Cal uniblaN H op e ..'1, heights2030-a 26816 20.4 250.13 205 268.19 .!"lhi,F 206 268.22 3 27 683 20301 100-4 1002 206.04 FlELos-'yAv 209.03 1007 211 1033 0.c,ne 212 1003 . ?s.......912131013V9ll)- cr... 215.01 1010 215.22 1257 lAfl - ' ':,,ll.-! - Page 2 SCA Properties I Assisted Living Data- Brooklyn Center Market Area Map 2 Brooklyn Center Market and 3, 5 & 7 Mile Radius -I MO,AIi iE .CR4ii al Ii •\,ipI- Lexins I A •I,FONNcrBrooklyn SI rorje 4.I LI di \ I -I / -_-- -:\ -'--471 -r 2,t 6,4 .41 110eLI - I - - ---\4thA lIE.Jr ' nt 410, A,11490.-I\.Met D. Coturnbt8 - /.-A- ICI Eo}ldcW -'C / CA,1ir9 I_,'_'Il,ni p StArtthony I4 F III I' F-4Il - I4 = ELSA A Medicine CR4 11 FI -V.1fth P t-,j.Heights 1 31t -- - - - IICn I-I,n, I1I3I/ "II 35 :=I II -?' aperIls - C '437 /7 .=== IISLW R-riAh SIp—1194 -.614 -J F—I' -5S-61us isi-- - -'I I Li Page 3 SCA _Properties _I_ Assisted _Living _Data- _Brooklyn _Center _Market Area Table 2 Population and Household Growth Population Count Total Change Annual Change ## % 2000 2010 2015 2020 1,116,200 1,152,425 1,198,349 1,247,515 36,225 45,924 49,166 3.2% 4.0% 4.1% 3,623 9,185 9,833 0.3% 0.8% 0.8% Households Count Total Change Annual Change %% 2000 2010 2015 2020 456,129 475,913 496,446 518,168 19,784 20,533 21,721 4.3% 4.3% 4.4% 1,978 4,107 4,344 0.4% 0.8% 0.9% Source: 2000 Census; 2010 Census; Esri; and Real Property Research Group, Inc. llyi Count Total Change Annual Change # %% 165,113 160,104 165,371 171,138 -5,009 5,267 5,767 -3.0% 3.3% 3.5% -501 1,053 1,153 -0.3% 0.6% 0.7% Count Total Change Annual Change U %% 61,904 58,929 60,816 62,888 -2,975 1,887 2,072 -4.8% 3.2% 3.4% -298 377 414 -0.5% 0.6% 0.7% Annual Change in Number of Households, 2000 to 2020 n Hennepin County 5,000 4,000 3,000 2,000 1,000 0 -1,000 2000-2010 2010-2015 2015-2020 Page 4 SCA Properties I Assisted Living Data- Brooklyn Center Market Area Table 3 Age Distribution of Population lJiiIi1 ___________LUtT Children/Youth 295,929 24.7%48,150 29.1% Under 5 years 74,377 6.2%13,351 8.1% 5-9 years 74,711 6.2%12,493 7.6% 10-14 years 73,672 6.1%11,553 7.0% 15-19 years 73,169 6.1%10,753 6.5% Young Adults 272,996 22.8%37,079 22.47 20-24 years 89,768 7.5%11,715 7.1% 25-34 years 1 183,228 15.3%25,365 15.3% Adults 425,269 35.5%55,140 33.3% 35-44 years 158,228 13.2%21,984 13.3% 45-54 years 160,804 13.4%20,214 12.2% 55-61 years 106,237 8.9%12,941 7.8% Seniors 204,155 17.0%25,002 15.1% 62-64 years 45,530 3.8%5,546 3.4% 65-74 years89,459 7.5%10,742 6.5% 75-84 years 44,689 3.7%5,554 3.4% 85 and older 24,476 2.0%3,160 1.9% TOTAL 1,198,349 100%165,371 100% Median Age 36 33 Source: Esri; RPRG, Inc. 2015 Age Distribution E Brooklyn Center Market Area 0 Hennepin County 15.1% Seniors -- - 1 17.0% 33.3% Adults -35.5% Young -- - - 22.4% Adults 22.8% Child/Yout - 29.1% h -ANKM- 24.7% 0%10% 20% 30% 40% % Pop Table 4 Trends in Senior Households 0, 81ii%@cryI() T6 /Thiiis1l iiftrUi%L%tjtosll 55 to 61 7,325 35.5%7,750 33.2%8,004 30.9%425 5.8%85 1.1%254 3.3%51 0.6% 62-64 2,660 12.9%3,321 14.2%3,430 13.2%661 24.8%132 4.5%109 3.3%22 0.6% 65 to 74 4,957 24.0%6,518 27.9%8,116 31.3%1,561 31.5%312 5.6%1,598 24.5%320 4.5% 75 and older 5,670 27.5%5,766 24.7%6,361 24.6%96 1.7%19 0.3%595 10.3%119 2.0% Householders 20,612 100.0%23,356 100.0%25,911 100.0%2,744 13.3%549 2.5%2,556 10.9%511 2.1% Householders 13,287 15,606 17,907 2,318 17.4%464 3.3%2,301 14.7%460 2.8%62+ Source: 2010 census; Esri; RPRG 2015-2020 Older Adult Householders by Age 9,000 7,750 8,004 02010 8,000 7 ,325 112015 7,000 D2020 6,0001 4,000 3,321 3,430 3,000 2,660 2,000 - - 1,000 0 -- -;.- - -- - - 55 to 61 62-64 8,116 6,5181 1 6,361- 5,670 5,766 65 to 74 75 and older Page 5 SCA Properties I Assisted Living Data- Brooklyn Center Market Area LtLI Table 5 2015 Household Income lm1I4iM I DiIcQ less than $15,000 50,918 10.3%7,003 11.5% $15,000 $24,999 36,920 7.4%5,736 9.4% $25,000 $34,999 39,314 7.9%6,154 10.1% $35,000 $49,999 62,898 12.7%9,789 16.1% $50,000 $74,999 83,569 16.8%12,114 19.9% $75,000 $99,999 65,290 13.2%8,432 13.9% $100,000 $149,999 80,648 16.2%8,393 13.8% $150,000 Over 1 76,889 15.5%1 3,196 5.3% Total 496,446 100%60,816 100%1Median Income $67,402 1 $53,562 Source: Esri; Real Property Research Group, Inc. 2015 Household Income $150+k 15.5% $100.$549K 13.8%I 16.2% $75-$99K - - - Y. J 13.2% asE $5o.$741(19.9%--o 'fl 16.8% C 2 $35-$49K 16.1%1 12.7% $25.$341< r - 10.1% Li Brooklyn Center--I .9% Market Area7 $15.$24K D Hennepin County <$15K 1ILI1 11.5% 0% 5% 10% 15% 20% 25% % Households Table 6 Income by Age of Householder _______ffrr j4T WTAI oLUJII%aIOC -LL,IOft Il[Q ilJJffiJ7ti[(1 less than $15,000 7,003 614 1,254 1,067 1,084 1,275 688 1,020 $15,000 $24,999 5,736 382 992 779 726 886 664 1,307 $25,000 $34,999 6,154 367 1,182 1,117 933 834 743 978 $35,000 $49,999 9,789 345 1,677 1,599 1,483 1,554 1,774 1,356 $50,000 $74,999 12,114 378 2,436 2,576 2,684 2,309 1,149 582 $75,000 $99,999 8,432 178 1,754 1,916 1,944 1,599 737 304 $100,000 $149,999 8,393 127 1,626 2,305 1,877 1,784 537 136 $150,000 $199,999 1,872 21 295 330 570 480 112 63 $200,000 over 1,324 10 191 346 294 349 115 19 Median Incornel $53,562 $30,844 $56,145 $64,124 $64,638 $60,677 $44,848 $30,680 Source: Esri; RPRG, Inc. 2015 Median Household Income by Age of Householder $70,000 $64,124 $64,638 $60,677 $60,000 $53,562 $56,145 $50,000 --$44,848 .8 $40,000 $30,844 $30,680 $30,000 '$20,000 $10,000 $0 -------------------------------- -- - - - -- _ s_r::r___u All Hhlds Age < 25 25-34 35-44 45-54 55-64 65-74 75+ Age of Householder Page 6 2013 Net Worth -500+1<I 12,1%23.3% $250-$4991 --- ----- $150-$2491<1 7%,$100-$149l<---.---_1 6.2/oE,L Brooklyn Center 1 4% Market Area $50-$74K li-i--.-[J Hennepin $3.$a9< $15.$341< <$153 . 0% 5% 10% 15% 20%25% 30% 35%% Households SCA Properties I Assisted Living Data- Brooklyn Center Market Area Table 7 Income Households 75 and Older %'j4f4 jjj llirulil11r - less than $15,000 1,020 17.7%1,171 18.4% $15,000 $24,999 1,307 22.7%1,084 17.0% $25,000 $34,999 978 17.0%852 13.4% $35,000 $49,999 1,356 23.5%1,567 24.6% $50,000 $74,999 582 10.1%806 12.7% $75,000 $99,999 304 5.3%469 7.4% $100,000 $149,999 136 2.4%209 3.3% $150,000 $199,999 63 1.1%141 2.2% $200,000 over 1 19 0.3%1 62 1.0% Total 5,766 100%6,361 100%1Median Income $30,680 $35,710 Source: American Community Survey 2009-2013 Estimates, RPRG, Inc. 2015 & 2020 HH Income for Householders 62+ $2003>03S° 2020 Household Income $150-$1993 2 112015 Household Income% $100-$149s , $75.$991( __J74% 0 $50.$741< 1 10127% I -_____ $35-$491( _i 24.6%-- -. ••---'-'--1 23.5% $25-$341( - - $15-$241< 1 J1,9% 22.7% 0.0% 10.0% 20.0% 30.0% % of Households Table 8 2013 Net Worth less than $15,000 138,071 28.2%18,776 31.3% $15,000 $34,999 31,608 6.5%4,485 7.5% $35,000 $49,999 16,482 3.4%2,398 4.0% $50,000 $74,999 28,765 5.9%4,334 7.2% $75,000 $99,999 19,531 4.0%2,983 5.0% $100,000 $149,999 30,449 6.2%4,462 7.4% $150,000 $249,999 42,038 8.6%6,309 10.5% $250,000 $499,999 68,750 14.0%9,072 15.1% $500,000 Over 114,269 23.3%7,248 12.1% Total 489,963 100%60,067 100% MedianNetWorth $114,386 $75,279 Source: Esri; Real Property Research Group, Inc. Page 7 SCA Properties I Assisted Living Data- Brooklyn Center Market Area Table 9 2013 Net Worth by Age of Householder ifi1r0 B1T1tII 1X 2shf ______t7f J46i (v^ ^_ 7f,7F,r less than $15,000 138,071 17,775 45,259 27,911 18,516 15,042 6,327 7,241 $15,000 $34,999 31,608 3,430 10,797 7,012 4,830 3,006 1,251 1,282 $35,000 $49,999 16,482 682 4,786 4,770 2,502 2,030 1,216 496 $50,000 $99,999 48,296 1,277 11,537 13,459 8,794 5,720 3,779 3,730 $100,000 $149,999 30,449 545 6,351 6,940 5,163 5,069 3,851 2,530 $150,000 $249,999 42,038 478 5,265 8,306 8,832 8,707 4,962 5,488 $250,000 over 183,019 360 1 7,947 19,103 1 46,243 1 51,679 32,498 25,189 1 Tlc9fl rT2 -10IT CYCJJ1)I I ij7T I Ci Median Net Worthi $114,336 $10,357 j $1 $232,008 I $250,001 1 $250,001 1 $2501 Source: Esri; RPRG, Inc. 2013 Median Net Worth by Age of Householder - Hennepin County $300,000 $250,001 $250,001 $250,001 $250,000 - $232,008 ---- $200,000 $150,000 -. -$114,386 -, $100,000 $60,217 $50,000 L $10,357 $15,761 L_ :_: ----- -s$0 All Hhlds 1524 25-34 35-44 45-54 55-64 65-74 75 + Age of Householder Table 10 Persons 65 and Older with Disability 114i (cir? Any Disability 41,014 31.4%6,160 37.5% Ambulatory Difficulty 24,589 18.8%3,740 22.8% Self-Care Difficulty 10,176 7.8%1,740 10.6% Independent Living Difficulty 18,558 14.2%3,026 18.4% Hearing Difficulty 17,409 13.3%2,557 15,6% Vision Difficulty 6,583 5.0%1,137 6.9% Cognitive Difficulty 9,460 7.2%1,643 10.0% Total 65+ Population 130,594 16,428 Source: Census Bureau; 2013 ACS 5-year data Page 8 / 6 / RE 77 24-O / I / - - - - Av L PARCEL SURFACE SCHEME - 108 SURFACE PARKING STALLS / 1 Site an - Surface Parking Scheme a S West Saint Paul Senior Living Site Plan Ow 8 t7 (\ \7 \7 /1 244thAeneS.Su4eB Pr04410um0e6 440 4/ '/ 141k444 M504O4L \\ A /®,054i44 0444 DOe 222444 Date: SD 1 01 .1 1 r I / JO At I I CI INC I / 4 / 3 H PARCEL 3' \ I.17 UNDERGROUND SCHEME -. -58 UNDERGROUND PARKING STALLS -51 SURFACE PARKING STALLS 1 Site Plait - Underground Parking Scheme 1" =60-0' West Saint Paul Senior Living Site Plan I V 7/1244thAvensneB Pro;Nb i44o RsN /iiLI CeuOav. 1022e4 nsooav SD1 01 .2 ) L