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HomeMy WebLinkAbout2015 06-22 CCP Regular SessionAGENDA CITY COUNCIL STUDY SESSION June 22, 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. 1.City Council Discussion of Agenda Items and Questions 2.Miscellaneous Discussion of Work Session Agenda Items as Time Permits 4. Adjourn CITY COUNCIL MEETING City of Brooklyn Center June 22, 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.June 8, 2015 - Study/Work Session 2.June 8, 2015 - Regular Session b. Licenses C. Resolution Adopting Revised Tobacco-Free Parks Policy 7. Presentations/Proclamations/Recognitions/Donations a. CenterPoint Energy Presentation of Community Partnership Grant Requested Council Action: —Motion to accept grant award. CITY COUNCIL AGENDA -2- June 22, 2015 8. Public Hearings a.Resolution Giving Host Approval to the Issuance of Conduit Charter School Lease Revenue Bonds Under Minnesota Statutes, Sections 469.152 through 469.1655 (New Millennium Academy Project) On May 26, 2015, the Council called for a Public Hearing to be held June 22, 2015; notice was published in the official newspaper on June 4, 2015. Requested Council Action: —Motion to open Public Hearing. —Take public input. —Motion to close Public Hearing. —Motion to adopt resolution. b.Acquisition of Tax Forfeited Property Located at 3112 67th Avenue North An Ordinance Authorizing the Acquisition of Tax Forfeited Property and Execution of a Quit Claim Deed to Dispose of the Property This item was first read on May 26, 2015; published in the official newspaper on June 4, 2015; and is offered this evening for Public Hearing. Requested Council Action: —Motion to open Public Hearing. —Take public input. —Motion to schedule second reading and continue Public Hearing to July 13, 2015. 2. Resolution Approving Purchase and Conveyance of Parcel #34-119-21- 14-0004 (3112 67th Avenue North) Requested Council Action: —Motion to adopt resolution. 9. Planning Commission Items a. Planning Commission Application No. 2015-003 Submitted by MBC II, LLC (Hyde Development) for 2nd Amendment to the Original 2008 Minneapolis Building Center II Planned Unit Development Project, Located on the former Howe Fertilizer Site, 4821 Xerxes Avenue North The Planning Commission recommended approval of this Application at its June 11, 2015, meeting. 1. Resolution Regarding the Disposition of Planning Commission Application No. 2015-003 Submitted by MBC II, LLC (Hyde Development) for 2nd Amendment to the Original 2008 Minneapolis Building Center II Planned Unit Development Project (Former Howe Fertilizer Site - 4821 Xerxes Avenue N.) Requested Council Action: —Motion to adopt resolution. CITY COUNCIL AGENDA -3- June 22, 2015 b. Planning Commission Application No. 2015-004 submitted by CS Property NMA, LLC (New Millennium Academy) for Approval of a New Planned Unit Development with New Zoning Classification of PUD-MIXED R-2/R-3 (Planned Unit Development - Two Family Residence and Multiple Family Residence) and Development Site Plan of a New K-8 Public Charter School Facility, Located at 5120 Lilac Drive North The Planning Commission recommended approval of this Application at its June 11, 2015, meeting. Resolution Regarding the Disposition of Planning Application No. 2015- 004 Submitted by CS Property NMA, LLC (New Millennium Academy) for Approval of a New Planned Unit Development with New Zoning Classification of PUD-MIXED R-2/R-3 (Planned Unit Development - Two Family Residence and Multiple Family Residence) and Development Site Plan of a New K-8 Public Charter School Facility (Property Located at 5120 Lilac Drive North) Requested Council Action: —Motion to adopt resolution. 2. Ordinance Amending Chapter 35 of the City Code of Ordinances Regarding the Zoning Classification of Certain Land Generally Located in the South Section of the City, Generally Situated Between HWY 100 to the West, Brooklyn Boulevard to the East and Happy Hollow Park to the South, and Locally Identified as 5120 Lilac Drive North Requested Council Action: —Motion to approve first reading and set second reading and Public Hearing for July 27, 2015. 10. Council Consideration Items a. Consideration of Type IV 6-Month Provisional Rental Licenses 1.4013 65th Avenue North 2.6607 Beard Avenue North 3. 6712 Beard Avenue North 4.5147 Drew Avenue North 5.5432 Dupont Avenue North 6.6907 Quail Avenue North 7.Resolution Approving a Type IV Rental License for 6337 Bryant Avenue North 8. Resolution Approving a Type IV Rental License for 5700 Camden 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. CITY COUNCIL AGENDA -4- June 22, 2015 11.Council Report 12.Adjournment City Council Agenda Item No, 6a MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY/WORK SESSION JUNE 8, 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, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Finance Director Nate Reinhardt, Director of Business and Development Gary Eitel, Director of Community Activities, Recreation and Services Jim Glasoe, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Melissa Manderschied, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS City Manager Curt Boganey stated the items just distributed relate to updated bond amounts for Item 10b, Resolution Awarding the Sale of $6,900,000 General Obligation Utility Revenue Refunding and Improvement Bonds, Series 201 5A; Fixing Their Form and Specifications; Directing Their Execution and Delivery; and, Providing for Their Payment; and, Item 10c, Resolution Awarding the Sale of $6,600,000 Taxable General Obligation Tax Increment Refunding Bonds, Series 201513; Fixing Their Form and Specifications; Directing Their Execution and Delivery; and Providing for Their Payment. Councilmember Ryan referenced the estimated savings should both bond sales move forward. Finance Director Nate Reinhardt reviewed the number of bids opened this morning and an estimated savings of $495,000 (the Build America Bonds at $70,450; and, the tax increment bond at $424,000). Mr. Boganey pointed out the Standard & Poor's report also indicates the City retained its AA rating. Mayor Willson noted the bidder at 2.02% is not the lowest bidder. Doug Green, Springsted, explained the bids are awarded based on the true interest rate and described the calculation used to determine the net interest rate. He stated municipal bonds have 06/08/15 -1- DRAFT been favorable over the past few years because of the lower interest rates and desire of investors for premium bonds to assure coupon protection. Mayor Willson asked if the federal government raising the interest rate will impact municipal bonds. Mr. Green stated in theory that could impact the yield curve but not necessarily, as it may already be built into the market. He noted there was an increase in interest rates and market impact as a result of the recent favorable jobs report. MISCELLANEOUS Community Garden Plots Councilmember Myszkowski stated it appears that only four community garden plots have been tilled. Director of Community Activities, Recreation and Services Jim Glasoe stated 5 of the 18 garden plots have been rented and a newspaper article will be placed to increase interest. Councilmember Lawrence-Anderson asked about connecting with the City's faith-based organizations to promote the community gardens. Mayor Willson stated that is an option but many are already promoting it. Mr. Glasoe stated last year all but one plot was rented. Status of Sears Building Councilmember Myszkowski asked if there are plans for the Sears building. Mr. Boganey stated the developer is in contact with Sears and they have been negotiating for a period of time. However, it appears that Sears has had some staffing turnover and broader corporate activities that have resulted in reduced communications with the developer. Councilmember Myszkowski stated she hopes it is resolved soon because the area has become very attractive with the exception of that one standalone building. Vacation Dates Councilmember Myszkowski stated she will be gone from June 11 to June 15 to attend her child's college graduation. 65th Avenue Traffic Concerns Councilmember Ryan stated traffic has significantly increased on 65th Avenue due to activity on 63rd Avenue. He asked staff to respond to complaints relating to speeding vehicles. Mr. Boganey stated he will refer this matter to the Police Department. Brooklyn Center Business Association Golf Tournament Councilmember Lawrence-Anderson asked whether the City Council would be interested in helping to sponsor a hole at the September 11, 2015, Brooklyn Center Business Association Golf 06/08/15 2- DRAFT Tournament. Following discussion, the City Council agreed to jointly sponsor a hole at $100. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS TOBACCO FREE PARKS Mr. Boganey introduced the item, reviewed the Council's discussion at its May 11, 2015, Work Session, and presented the draft Tobacco-Free Parks Policy and draft Ordinance revision for a complete ban of smoking and the use of tobacco and tobacco related products in all City parks and open spaces. Mayor Willson stated during the last discussion, a unanimous consensus was not reached on whether to regulate this issue through a Policy or Ordinance revision. Councilmember Lawrence-Anderson stated after reading the Policy, her concern is in the statements that refer to 'tobacco products' but do not include vaping. She suggested renaming the Policy to: 'Tobacco Vaping-Free Parks Policy' and changing the language within the Policy to add clarity. Mayor Willson suggested using the Ordinance language reflected in Section 1 to add that clarity to the Policy. Councilmember Lawrence-Anderson stated she prefers to regulate this through an Ordinance amendment but if there are not adequate staffing resources to enforce an Ordinance, she is more inclined to consider a Policy with those language clarifications. Councilmember Ryan stated previously the City Council received information relating to other communities that do ban smoking in their parks. As far as enforcement, he noted that whether by Ordinance or State law, littering is banned and for good reason. He agreed that the Police Department has better things to enforce than littering but he found an Ordinance amendment would give a stronger statement than if regulated through a Policy. Councilmember Myszkowski stated after the last City Council discussion, she was sure an Ordinance amendment was the right way to go but after considering the comments of Councilmember Graves, she would support a Policy if clarified with the Ordinance language as suggested by Mayor Willson. Mr. Boganey stated with respect to the question of staffing levels, for the past several years the City has assigned Community Service Officers (CSOs) to conduct park patrol so there is sufficient staffing during the summer months as that is part of their expected duties. Director of Community Activities, Recreation and Services Jim Glasoe stated the draft Ordinance includes the Hennepin County language from its Clean Indoor Air Act. 06/08/15 -3- DRAFT Councilmember Lawrence-Anderson noted that even with a Policy, the CSOs can still discourage the use of tobacco and vaping in City parks. Mayor Willson stated if a Policy is adopted, data can be generated and if found to be appropriate, an Ordinance can be considered by the City Council at a later date. Councilmember Graves stated she supports the stronger language and use of a Policy rather than an Ordinance. It was the majority consensus of the City Council to direct staff to revise the current Policy with the clarifying language as discussed for consideration at the next City Council meeting. ADJOURNMENT Councilmember Graves moved and Councilmember Myszkowski seconded to close the Study Session at 6:32 p.m. Motion passed unanimously. 06/08/15 -4- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JUNE 8, 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, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Finance Director Nate Reinhardt, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Melissa Manderschied, and Carla Wirth, 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 Myszkowski moved and Councilmember Graves seconded to close the Informal Open Forum at 6:47 p.m. Motion passed unanimously. 2.INVOCATION Councilmember Myszkowski read a Helen Keller quote as the Invocation. 3.CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:03 p.m. 4.ROLL CALL Mayor Tim Willson and Councilmembers April Graves, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Finance Director Nate Reinhardt, Director of Business and Development Gary Eitel, Assistant City 06/08/15 -1- DRAFT Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Melissa Manderschied, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. 5.PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6.APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to approve the Agenda and Consent Agenda and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. May 26, 2015 - Special Session 2. May 26, 2015 - Study Session 3.May 26, 2015 - Regular Session 4.June 1, 2015 —Joint Work Session with Financial Commission 6b. LICENSES AMUSEMENT DEVICE Metro Coin of Minnesota Theisen Vending FIREWORKS - TEMPORARY TNT Fireworks 14940 28th Avenue N., Plymouth 2335 Nevada Avenue N., Golden Valley 2109 59th Avenue S., Fargo, ND LIQUOR ON-SALE 3.2 PERCENT MALT LIQUOR UEC Hospitality, LLC dba Wingstop #1005 1180 Shingle Creek Crossing Gi 12 MECHANICAL Air Mechanical, Inc. Comfort Solutions Heating & Cooling Differ, Inc. Kath Fuel Oil Service Co. Liberty Comfort Systems Southtown Refrigeration RENTAL INITIAL (TYPE III— one-year license) 6811 Colfax Avenue N. INITIAL (TYPE II— two-year license) 2023 Brookview Drive 6039 Girard Avenue N. 16411 Aberdeen Street NE, Ham Lake 11 First Street NW, Osseo 820 Tower Drive, Medina 3096 Rice Street, Little Canada 627 Eat River Road, Anoka 6325 Welcome Avenue N., Brooklyn Park Ayantu Gemeda Gavin Kleinknecht Terri Siebrasse 06/08/15 -2- DRAFT RENEWAL (TYPE III - one-year license) 6915 Humboldt Avenue N. Brookdale Towers 330067 th Avenue N. 5518 Irving Avenue N. RENEWAL (TYPE II— two-year license) 4408 69th Avenue N. 4824 71st Avenue N. 5637 Emerson Avenue N. 5603 Knox Avenue N. 4207 Lakeside Avenue #238 7019 Morgan Avenue N. 7224 Noble Avenue N. 5937 Vincent Avenue N. 7212 Willow Lane N. 3706 Woodbine Lane RENEWAL (TYPE I— three-year license) 1302 69th Avenue N. Carrington Drive Apts. 3815 52 Avenue N. 5600 Lilac Drive N. 5349 Northport Drive 6700 Perry Avenue N. Hillaway Investments LLC Sergey Kunin Tsongna Yang Eugene & Diane Wright C&D Angell's Property Management Douglas Pederson Paul Johnson Peng Zhao Candlewood Home Buyers Quoc Nguyen Jack Johnson Michael Beasley Heidi Borgheiinck Myra Chazin Jeffrey Sandberg Sue Xiong Paul Ferfon PWS Holdings LLC SIGNHANGER Serigraphics Sign Systems, Inc. 2401 Nevada Avenue N., Golden Valley Signs Unlimited of Plymouth 22400 Highway 55, Hamel 6c.RESOLUTION NO. 2015-95 ACCEPTING THE 2014 COMPREHENSIVE ANNUAL FINANCIAL REPORT 6d.APPLICATION AND PERMIT FOR TEMPORARY ON-SALE LIQUOR LICENSE SUBMITTED BY ST. ALPHONSUS CATHOLIC CHURCH, 7025 HALIFAX AVENUE NORTH, FOR A SOCIAL EVENT TO BE HELD JULY 10 THROUGH 12,2015 Motion passed unanimously. 7.PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS - None. 8.PUBLIC HEARINGS 06/08/15 -3- DRAFT 8a. ORDINANCE NO. 2015-06 AMENDING CHAPTER 6, SECTION 6.02, SUBDIVISION 3, OF THE BROOKLYN CENTER CITY CHARTER City Manager Curt Boganey introduced the item, discussed the history, and stated the housekeeping nature of the proposed ordinance amendment. It was noted this Ordinance was first read on May 11, 2015, published in the official newspaper on May 14, 2015, and is offered this evening for second reading and Public Hearing. Councilmember Lawrence-Anderson moved and Councilmember Ryan seconded to open the Public Hearing. Motion passed unanimously. No one appeared to speak. Councilmember Lawrence-Anderson moved and Councilmember Graves seconded to close the Public Hearing. Motion passed unanimously. Councilmember Ryan moved and Councilmember Graves seconded to adopt ORDINANCE NO.20 15-06 Amending Chapter 6, Section 6.02, Subdivision 3, of the Brooklyn Center City Charter. Motion passed unanimously. 9.PLANNING COMMISSION ITEMS - None. 10.COUNCIL CONSIDERATION ITEMS lOa. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSES 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 0a2. lOal. 5617 LOGAN AVENUE NORTH 10a2. RESOLUTION NO. 2015-96 APPROVING A TYPE IV RENTAL LICENSE FOR 1510 69TH AVENUE NORTH 06/08/15 4- DRAFT Councilmember Myszkowski moved and Councilmember Ryan seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 5617 Logan Avenue North and adopt RESOLUTION NO. 2015-96 Approving a Type IV Rental License for 1510 69 th 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. RESOLUTION NO. 2015-97 AWARDING THE SALE OF $6,900,000 GENERAL OBLIGATION UTILITY REVENUE REFUNDING AND IMPROVEMENT BONDS, SERIES 2015A; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND, PROVIDING FOR THEIR PAYMENT Finance Director Nate Reinhardt introduced the item and provided a PowerPoint presentation relating to the Sale of $6,900,000 General Obligation (GO) Utility Revenue Refunding and Improvement Bonds, Series 2015A as well as Awarding the Sale of $6,600,000 Taxable General Obligation Tax Increment Refunding Bonds, Series 2015B. He stated the bonds will be used to finance infrastructure improvements, refinance existing City debt (Build America Bonds, Series 2010A) at a lower interest rate, and to reduce issuance costs by selling both bonds at the same time. Mr. Reinhardt stated ten bids were received for Series 2015A, which includes $5,240,000 of new debt and $1,660,000 of refunded debt. The average maturity on this issue is 5.9 years at a net interest rate of 2.02%. If awarded, the net present value savings would be $70,450 and eliminate the risk that the subsidy could be further reduced. Mr. Reinhardt presented the Standard & Poor's Credit Rating Report, noting the City had retained its AA bond rating. He recommended award of Series 2015A to FIN Financial Capital Markets for $6,900,000. Mayor Willson stated during the financial audit meeting, it was mentioned that if the City's median income was higher, there is a possibility of receiving a higher bond rating. Mr. Reinhardt reviewed the factors that can impact the City's rating including a substantial increase in the City's median income and/or market values. Doug Green, Springsted, Inc., stated there are well-defined guidelines to determine this rating as mentioned during Mr. Reinhardt's presentation and includes market values, wealth levels, and the City's financial stability. He noted the City received a perfect score on financial management, which he had not seen before. Mr. Green explained the initial comparison is to United States averages, but Standard & Poor's also compares Brooklyn Center with comparable municipalities. Mayor Willson asked what would the average income have to be to raise the City's bond rating to AAA. He felt that would be a worthy goal, noting the Council has attempted to address this by bringing additional jobs into Brooklyn Center. 06/08/15 -5- DRAFT Councilmember Graves stated she would also like to know the factors and numbers for median income and market value and what other communities are doing to increase those factors. Mayor Willson stated if the City Council knows what the matrix needs to be, it provides a goal. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2015-97 Awarding the Sale of $6,900,000 General Obligation Utility Revenue Refunding and Improvement Bonds, Series 2015A; Fixing Their Form and Specifications; Directing Their Execution and Delivery; and, Providing for Their Payment. The City Council acknowledged the comment of Mr. Green indicating the City had received a perfect score relating to financial management, which is a direct reflection of Mr. Boganey' s leadership and City staff's professionalism. Motion passed unanimously. lOc. RESOLUTION NO. 2015-98 AWARDING THE SALE OF $6,600,000 TAXABLE GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 201513; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT Mr. Reinhardt stated eight bids were received for Series 2015B that, if awarded, would result in a net present value savings of $424,059. The average maturity on this issue is 3.1 years at a net interest rate of 1.85%. He recommended award of Series 2015B to Robert W. Baird & Company for $6,600,000. Councilmember Myszkowski moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2015-98 Awarding the Sale of $6,600,000 Taxable General Obligation Tax Increment Refunding Bonds, Series 201513; Fixing Their Form and Specifications; Directing Their Execution and Delivery; and Providing for Their Payment. Councilmember Ryan commented on the City's favorable debt position as a result of prudent financial management. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: • June 1, 2015: Joint City Council! Financial Commission Work Session • June 3, 2015: Brookdale Covenant Church Meeting relating to potential Charter School • June 13, 2015: Brooklyn Center Lions Club Flea Market • June 18, 2015: Riverdale Park Neighborhood Meeting 06!08/15 -6- DRAFT Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: • June 1, 2015: Brooklyns Youth Council Celebration • June 1, 2015: Joint City Council / Financial Commission Work Session • June 2, 2015: Filmed Channel 12 Segment with Brooklyn Center Lions Club Member to promote Earle Brown Days • June 2, 2015: Earle Brown Days Committee Meeting • June 4, 2015: Financial Commission Meeting Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: • May 28, 2015: Brooklyn Center Business Association Luncheon • May 28, 2015: Brooklyn Center High School Athletic Banquet • June 1, 2015: Brooklyn Center Business Association Board Meeting • June 1, 2015: Odyssey Academy Interview of Executive Director Finalist • June 4, 2015: 54th Annual Brooklyn Center High School Commencement Ceremony • July 8, 2015: Cross of Glory Lutheran Church Annual Community Garage Sale Councilmember Graves reported on her attendance at the following and provided information on the following upcoming events: • Participated for five days at North Dakota State University Leadership Retreat • June 1, 2015: Joint City Council / Financial Commission Work Session • June 3, 2015: Brooklyn Center KinderC are Graduation • June 9, 2015: Youth Outreach Team Meeting Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: • May 28, 2015: Dangerous Dog Hearing • June 6, 2015: Joint City Council / Financial Commission Work Session • June 7, 2015: Spoke on behalf of Brooklyn Center at Palmer Lake VFW's 50th Anniversary Mayor Willson read a Senate Resolution recognizing and commending the staff of Evergreen Park World Cultures Community School for its extraordinary support of students and the community during the aftermath of several tragedies. Councilmember Myszkowski stated additionally, the Governor proclaimed May 28, 2015, as Evergreen Park World Cultures Community School Appreciation Day. 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded adjournment of the City Council meeting at 7:47 p.m. Motion passed unanimously. 06/08/15 -7- DRAFT City Council Agenda Item No. 6b COUNCIL ITEM MEMORANDUM DATE: June 16, 2015 TO: Curt Boganey, City Manager FROM: Maria Rosenbaum, Deputy City CW SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses on June 22, 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. GARBAGE HAULER Allied Waste Services of North America LLC Curbside Waste Darling International, Inc. Walz Brothers Sanitation MECHANICAL Airics Heating Airtech Thermex LLC Centraire Heating & A/C Cheyenne Plumbing & Ht First Choice Plumbing & Htg Perfection Heating & Air Peterson & Pinney, Inc. Total Comfort Twin City Mechanical Westair Corporation RENTAL See attached report. SIGN HANGERS Crosstown Sign Inc. DeMars Signs Inc. Signcrafter' s Outdoor 8661 Rendova Street NE, Circle Pines 4465 Trenton Lane #210, Plymouth 9000382 nd Avenue, Blue Earth P.O. Box 627, Maple Grove 2609 Highway 13 W, Burnsville 4918 W 35 th Street, St Louis Park 7402 Washington Avenue S, Eden Prairie 25903 Rabbit Street, Zimmerman 29948 Highway 47 NW, Isanti 1770 Gervais Avenue, Maplewood 4151 Coon Rapids Blvd, Coon Rapids 4000 Winnetka Avenue N, New Hope 2141 108 tLane NE, Blame 11184 River Road NE, Hanover 16307 Aberdeen Street NE, Ham Lake 41093 d Avenue NW, Coon Rapids 2405 Annapolis Lane N, Plymouth JWiss'ion: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Inspected Unit 1-2 units 0-1 3+ units 0-0.75 -1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 1-2 units Greater than 8 3+ units Greater than 3 COUNCIL ITEM MEMORANDUM Rental License Category Criteria Policy - Adopted by City Council 03-08-10 Property Code and Nuisance Violations Criteria License Category I Number of Units I Property Code Violations per (Based on Property Code Only) Type I - 3 Year Type 11-2 Year Type III - 1 Year Type IV —6 Months 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 Budget Issues: There are no budget issues to consider. Mission: E;isaring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust a)0 a)CL a)0 cr a)Ca) 04-a)() a) V) 0LI. '4 CUU (,) LL * a)0>- a) Ca) L0 0 a) 0. co 0 0 Ca) '4 '4 0'4 C an COa)a)a) '4CW I—a) —Ca ** ** * a)>(CU >-a) 00 0 CU a) 4-, >-4-, L) C 0 4-,Ca) Ua) co '-4a) -ta)00 0 City Council Agenda Item No. 6c COUNCIL ITEM MEMORANDUM DATE: June 15, 2015 TO: Curt Boganey, City Manager FROM: Jim Glasoe, Director of Community Activities, Recreation & Services SUBJECT: Resolution Adopting Revised Tobacco-Free Parks Policy Recommendation: 'I It is recommended that the City Council consider adopting the revised Tobacco-Free Parks policy. Background: Over the course of the past few months, the City Council has had anumber of conversations regarding the use of tobacco and tobacco related products in city parks and open spaces. At their June 8t11 Study Session, the City Council directed staff to revise the Tobacco-Free Parks Policy to include all parks and open space areas. Additionally, they asked that staff include detailed definitions of tobacco products/use and smoking in the revised policy. The revised policy is attached, for City Council Consideration. Policy Issues: None noted. Strategic Priorities: Enhanced Community Image Mission: Eiisiiiiizg 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 ADOPTING REVISED TOBACCO-FREE PARKS POLICY WHEREAS, the City of Brooklyn Center has a Tobacco-Free Parks Policy that prohibits the use of tobacco and tobacco related products in designated youth areas; and WHEREAS, the City Council wishes to extend that ban to all parks and open space areas; and WHEREAS, the City Council wishes to add specific language defining Tobacco Product, Tobacco Use and Smoking to the policy. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the revised Tobacco-Free Parks policy is hereby approved and adopted. June 22, 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. City of Brooklyn Center Tobacco-Free Park System Policy SUBJECT City of Brooklyn Center, Parks and Open Spaces Tobacco-Free Policy: In order to protect the health, welfare and safety of our park patrons, the City of Brooklyn Center prohibits smoking and the use of tobacco products in our parks and open space areas. "Tobacco Product" means any product containing, made, derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, part, or accessory of a tobacco product, including but not limited to cigarettes, cigars and other smoking tobacco; snuff and other chewing tobaccos; and any other kinds and forms of tobacco. "Tobacco Use" means the act of smoking, the use of smokeless tobacco, or the use of any other tobacco product in any form, including the use of electronic delivery devices. "Smoking" is defined as: The inhaling, exhaling or combustion of any cigar, cigarette, pipe, tobacco product, tobacco-related product, weed, plant or any other similar article. "Smoking" includes possessing or carrying a lighted cigar, cigarette, pipe or any other lighted tobacco product or tobacco- related device. "Smoking" also includes the use of, or the inhaling or exhaling of vapor from any electronic delivery device, as well as carrying an electronic delivery device that is turned on or otherwise activated. POLICY STATEMENT The City of Brooklyn Center is committed to the quality of life for all residents, therefore, we believe that: 1.Tobacco product use in the proximity of children and youth engaging in recreational activities is unhealthy and detrimental to the health of others. 2.Tobacco products once consumed in public spaces are often discarded on the ground, thus posing a risk of ingestion to toddlers and causing a litter problem. 3. As parents, leaders, coaches, and officials, we are thought of as role models, and the use of tobacco products around youth has a negative effect on their lifestyle choices. TOBACCO—FREE FACILITIES The City of Brooklyn Center does not allow the use of any tobacco, or tobacco related products on city- owned property, such as parkland, park facilities, open space or joint city/school district properties. COMPLIANCE PROCEDURES The emphasis on enforcing the Tobacco-Free park policy is through voluntary compliance: 1.Appropriate City-owned parkland, park facilities, open space or joint City/school district properties will be appropriately signed. 2.City of Brooklyn Center staff will meet with activity organizations and/or leaders or coaches to discuss the policy and to distribute flyers with the "Tobacco Free" policy. 3. City of Brooklyn Center staff will make periodic observations of activity sites to monitor compliance. Policy Adoption Date: June 22, 2015 City Council Agenda Item No. 7a COUNCIL ITEM MEMORANDUM DATE: June 8, 2015 TO: Curt Boganey, City Manager FROM: Nathan Reinhardt, Fiscal & Support Services SUBJECT: CenterPoint Energy Community Partnership Grant Recommendation: It is recommended that the City Council consider acceptance of a $2,500 Community Partnership Grant from CenterPoint Energy. Background: CenterPoint Energy has awarded grants to cities served by the company through the Community Partnership Grant Program. In 2015, the program is awarding grants for up to $2,500, giving priority to applications focusing on safety equipment or safety-related projects. The funding request cannot exceed 50 percent of the total equipment or project cost. The grant will allow the City to purchase three automated external defibrillators (AEDs), cabinets and signage. The AED's will be placed in public areas that experience high levels of traffic, which include the two municipal liquor stores and the lower level of City Hall. Staff at City Hall, the Community Center, the Earle Brown Heritage Center, Police and Fire Departments received hands only CPR training and AED training earlier this year from the Brooklyn Center Fire Department. This training will be offered to liquor store staff and neighboring business after the installation of the AEDs. The City continues to move forward with our efforts of becoming a "Heart Safe City". This designation, sponsored by the American Heart Association, is a community-wide effort to educate citizens on the dangers of Sudden Cardiac Arrest. The "Heart Safe City" initiative calls for the placement of AEDs in public places throughout Brooklyn Center. These easy to use AEDs are equipped with simple step-by-step instructions and will be maintained by the City, Budget Issues: The anticipated total equipment cost is $5,100 with the Community Partnership Grant providing approximately 50 percent of the funding for the equipment. The remaining matching funds will be provided from the General Fund - General Government Buildings Department and Liquor Store Fund. Strategic Priorities: Enhanced Community Image Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of ilfe for all people and preserves the public trust City Council Agenda Item No. 8a O]SJ[.J I N U U M S I M'A 0) tUI 1SIAi DATE: June 22, 2015 TO: Curt Boganey, City Manager FROM: Nathan Reinhardt, Finance Director ML SUBJECT: Public Hearing for Host Approval on the Issuance of New Millennium Academy Conduit Charter School Lease Revenue Bonds Recommendation: It is recommended that the City Council consider host approval to the issuance by the City of Columbus, Minnesota of revenue obligations, under Minnesota Statutes, Sections 469.152 to 469.1655, relating to municipal industrial development. The Statute gives municipalities the power to issue revenue obligations for the purpose of promoting the welfare of the state by active attraction and encouragement and development of economically sound industry and commerce. The City of Brooklyn Center has received from CS Property NMA, LLC, a Minnesota limited liability company, the sole member of which is Hmong America Partnership, a proposal that the City of Columbus, Minnesota assist in financing the New Millennium Academy project, which is located in Brooklyn Center through the issuance of revenue bonds. The adoption of this resolution authorizes the City of Columbus, Minnesota to issue bonds to finance the project, but does not constitute approval of the project or constitute a determination or approval regarding any additional City requirements related to the construction of the project. Background: CS Property NMA, LLC, a Minnesota limited liability company the sole member of which is Hmong America Partnership, a Minnesota corporation and 501(c)(3) organization, proposes to finance a project consisting of the acquisition, construction and equipping of an approximately 85,000 square foot school facility that will include a gymnasium, auditorium, cafeteria, media center, office spaces and approximately 34 classrooms for a kindergarten through grade 8 public charter school to be located at 5120 Lilac Avenue North in Brooklyn Center. The project will be owned by CS Property NMA, LLC and operated by New Millennium Academy, a Minnesota nonprofit corporation and public charter school. A public hearing notice was published in the Brooklyn Center Sun Post on June 4, 2015. Budget Issues: The Bonds will not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of Brooklyn Center. The issuance of the Bonds will not affect the City's credit rating, bond limits or create a potential liability to the City in any way. Strategic Priorities: . Resident Economic Stability Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Extract of Minutes of a Meeting of the City Council of the City of Brooklyn Center, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Brooklyn Center, Minnesota, was duly held at the City Hall in said City on Monday, June 22, 2015 at7:00 P.M. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION GIVING HOST APPROVAL TO THE ISSUANCE OF CONDUIT CHARTER SCHOOL LEASE REVENUE BONDS UNDER MINNESOTA STATUTES, SECTIONS 469.152 THROUGH 469.1655 (NEW MILLENNIUM ACADEMY PROJECT) The motion for the adoption of the foregoing resolution was duly seconded by member and after full discussion thereof 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. 4623 82v1 JSB CL290-10 RESOLUTION GIVING HOST APPROVAL TO THE ISSUANCE OF CONDUIT CHARTER SCHOOL LEASE REVENUE BONDS UNDER MINNESOTA STATUTES, SECTIONS 469.152 THROUGH 469.1655 (NEW MILLENNIUM ACADEMY PROJECT) (a)WHEREAS, the purpose of Minnesota Statutes, Sections 469.152 through 469.1655 as amended, (the "Act"), is, among other things, to promote the welfare of the State of Minnesota (the "State") by the active attraction and encouragement and development of economically sound industry and commerce to prevent so far as possible the emergence of blighted and marginal lands and areas of chronic unemployment; (b)WHEREAS, CS Property NMA, LLC, a Minnesota nonprofit limited liability company (the "Borrower") the sole member of which is Hmong American Partnership, a Minnesota nonprofit corporation and tax exempt organization pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Sole Member") (the "Code") has proposed that the City of Columbus, Minnesota (the "Issuer") issue conduit revenue bonds under the Act, in one or more series, in an aggregate amount not to exceed $18,000,000 (the "Bonds") to (i) finance the acquisition, construction, and equipping of an approximately 85,000 square foot school facility that will include a gymnasium, auditorium, cafeteria, media center, office spaces and approximately 34 classrooms for a kindergarten through grade 8 public charter school to be located at 5120 Lilac Drive North in the City (the "Facility"); (ii) fund a debt service reserve fund; (iii) pay a portion of the interest on the Bonds; and (iv) pay the costs of issuing the Bonds (collectively, the "Project"). The Facility will be owned by the Borrower and leased to and operated by the New Millennium Academy, a Minnesota nonprofit corporation (the "School"); (c)WHEREAS, the City has been advised that the Bonds or other obligations, as and when issued, will not constitute a charge, lien or encumbrance upon any property of the City or the Issuer, except the Project and the revenues to be derived from the Project. Such Bonds or obligations will not be a charge against the general credit or taxing powers of the City or the Issuer, but are payable from sums to be paid by the Borrower pursuant to a loan agreement; (d)WHEREAS, the Borrower has agreed to pay any and all costs incurred by the City in connection with the issuance of the Bonds, whether or not such issuance is carried to completion; (e)WHEREAS, the Borrower has represented to the City that no public official of the City has either a direct or indirect financial interest in the Project nor will any public official either directly or indirectly benefit financially from the Project; (f)WHEREAS, as required by the Act and Section 147(f) of the Code a notice of public hearing was published in the City's official newspaper and newspaper of general circulation, for a public hearing on the proposed issuance of the Bonds and the proposal to undertake and finance the Project; (g) WHEREAS, as required by the Act and Section 147(f) of the Code the City Council has on this same date held a public hearing on the issuance of the Bonds and the proposal to undertake and finance the portion of the Project located within the jurisdictional 2 462382v1 JSB CL290-10 limits of the City, at which all those appearing who desired to speak were heard and written comments were accepted. NOW, THEREFORE, BE IT RESOLVED, by the City Council (the "Council") of the City of Brooklyn Center, Minnesota (the "City") as follows: 1.The City Council hereby gives the host approval required under Section 147(f) of the Code and, pursuant to Minnesota Statutes §471.656, Subd. 2(2), the City Council hereby consents to the issuance of the Bonds by the Issuer. 2.The adoption of this Resolution authorizes the issuance of the Bonds by the Issuer to finance the Project, but does not constitute determination or approval regarding any City requirements relating to the construction of the Project. Adopted by the City Council of the City of Brooklyn Center, Minnesota, this 22nd day of June, 2015. Mayor ATTEST: Clerk 3 4623 82v1 JSB CL290-10 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF BROOKLYN CENTER I, the undersigned, being the duly qualified and acting Clerk of the City of Brooklyn Center, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City duly called and held on the date therein indicated, insofar as such minutes relate to granting host approval to the issuance of revenue bonds for a project in the City. WITNESS my hand this day of , 2015. City Clerk 4 4623820 JSB CL290-10 City Council Agenda Item No. 8b [I1IJ[iJ I fll N 1k'A L'A I 3k'A (I] 11I IIJJk'A I DATE: June 22, 2015 TO: Curt Boganey, City Manager FROM: Vickie Schleuning, Assistant City Manager/Director of Building and Community Standards SUBJECT: An Ordinance Authorizing the Acquisition of Tax Forfeited Property and a Resolution Approving Purchase Agreement Recommendation: Staff recommends that the City Council consider approving first reading of an ordinance authorizing the acquisition of tax forfeited property, and a resolution approving a Purchase Agreement and directing staff to acquire property; and scheduling second reading and Public Hearing for July 13, 2015. Background: On May 26, 2015 the City Council reviewed the ordinance and called for a Public Hearing. However, there was a typo in the Public Hearing notice and documents regarding the property legal description. Therefore, a revised Public Hearing Notice will be published to set the Public Hearing to July 13, 2015. Hennepin County notified the City of Brooklyn Center that the property located at 3112 67 th Ave N is owned by Hennepin County due to tax forfeiture and is available for the City to purchase. The City inspector, HRA Specialist, and a Construction Manager from Greater Metropolitan Housing Corporation visited the property. After review, it was determined that the property would qualify for rehabilitation under our current Neighborhood Stabilization Program (NSP), which is federally-funded. Property Description: The house is a three-bedroom, one-bathroom rambler with a detached garage. The basement of the house is partially finished; however, it has water damage. The garage is in poor condition and many of the finishes in the property are in poor condition. Anticipated Construction at Property: Based on the review of the property, the following improvements are projected to occur in conjunction with all NSP requirements: new mechanical systems in compliance with green building requirements, new flooring, interior painting, new kitchen cabinets, new bathroom fixtures, new windows, repaired or replaced siding, repair or replaced driveway, new roofing, repairs to the garage, landscaping repairs, and review of floor plan for improvements. Under the City's current program, Neighborhood Stabilization Program's properties are typically purchased and owned by Greater Metropolitan Housing Corporation. GMHC is the contracted Developer for the City of Brooklyn Center's Neighborhood Stabilization Program. For tax forfeited properties, Hennepin County requires the property be purchased by a government Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [S[I1SJ[J I fl I V Dk'A L!A I ik'A [I) t1I 1U I entity. The City may then facilitate the pass thru conveyance of the property to the Greater Metropolitan Housing Corporation pursuant to the terms of the attached Purchase Agreement. The steps required to execute a pass-thru conveyance are: • City Council approve an Ordinance (first reading and second reading) authorizing the acquisition of tax forfeited property from Hennepin County and pass-thru sale to Greater Minnesota Housing Corporation. • City Council passes a Resolution authorizing the Purchase Agreement and directing staff to make application to Hennepin County for the tax forfeited parcel. • All parties sign the Purchase Agreement, contingent upon passage of the Resolution approving the Purchase Agreement. • Upon acquisition from Hennepin County and 30 days after publication of the ordinance, close on the property. After these steps are completed, the property will be rehabilitated and sold for owner-occupancy under our current NSP program. Budget Issues: The NSP program is funded through a federal grant that is passed through Hennepin County. These federal funds would be used to purchase and renovate this house. Strategic Priorities: oN/A Attachment: Attachment I - Hennepin County Cost Sheet Attachment II - Photos of Property Attachment III - Hennepin County Property Information Attachment IV - Ordinance Attachment V - Resolution Mission: Ensuring an (itllactil'e, clean, saft, inclusive community that enhances the quality of life for all people and preserves the public trust Attachment I- Hennepin County Cost Sheet From: Abby Majeske - Hennepin County Tax Forfeited Lands Date: 03104/15 Call 612-348-2995 NER# 225 IPURCHASE COSTS: 34-119-21-14-0004 Assessed Value Specials After Forfeiture Assurance Fee (3%) State Deed Preparation Fee: Filing Fees: (TFL to file deed) State Deed Tax: 1.65! SSOO orpMtthereof see chart TFL Holding Costs per State Statute 282.01 Subd 1. IF FULL PAYMENT REQUIRED:Total: $35,000.00 $3,648.93 $1,159.47 $25.00 $51.00 $119.00 CERTIFIED FUNDS PAYABLE AT TIME OF APPLICATION MAKE PAYABLE TO: HENNEPIN COUNTY TREASURER SUBJECT PARCEL: 3112 67th Ave N Brooklyn Center PID NUMBER: 34-119-21-14-0004 EPARED FOR: City of Brooklyn Center hone #: 763-596-3300 Calculated: 04-Mar-15 Attachment 11 - Photos of Property MA 'II Attachment III - Hennepin County Property Information Parcel Data for Taxes Payable 2015 Property ID:34-119-21-14-0004 Address:3112 67TH AVE Municipality:BROOKLYN CENTER School Diet:279 Construction year: 19139 Watershed:8 Approx. Parcel Size: S 75X1 43X78X1 45 Sewer Dist: Owner Name:E-IENNEPIN FORFEITED LAND Taxpayer Name HENNEPIN FORFEITED LAND & Address: Sale Information Sales prices are reported as listed on the Certificate of Real Estate Value and are not warranted to represent arms-length transactions. Sale Date: September, 1970 Sale Price: S22,500 Transaction Type: Tax Parcel Description The following is the County Auditor's description of this tax parcel. It may not be the legal description on the most recent conveyance document recording ownership. Please refer to the legal description of this property on the public record when preparing legal documents for recording Addition Name: Lot: Block: First Line Metes & Bounds: Full Metes & Bounds: Abstract or Torrens: ELSEN'S CITY VIEW 3RD ADDITION 026 003 Note: To read full tax parcel description, click here, TORRENS Attachment IV - Ordinance CITY OF BROOKLYN CENTER Notice is hereby given that a Public Hearing will be held on the 13th day of July 2015, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an ordinance providing for the acquisition and pass-through sale of certain land in the City. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763-569-3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AUTHORIZING THE ACQUISITION OF TAX FORFEITED PROPERTY AND EXECUTION OF A QUIT CLAIM DEED TO DISPOSE OF THE PROPERTY. THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: I. BACKGROUND 1.1. Hennepin County acquired through tax forfeiture a parcel of real property in the City legally described as (the "Subject Property"): Lot 26, Block 3, ELSEN'S CITY VIEW 3RD ADDITION 1.2. The City wishes to facilitate the pass through conveyance of the Subject Property from Hennepin County, to the City, to the City's Economic Development Authority ("EDA"), and then to the Greater Metropolitan Housing Corporation on the condition that the property is used for the Neighborhood Stabilization Program. II. ACQUISITION OF SUBJECT PROPERTY 2.1 The Mayor and City Manager are authorized and directed to take all steps necessary to acquire the Subject Property from Hennepin County. III. SALE OF PROPERTY 3.1 The Mayor and City Manager are authorized and directed to execute a quit claim deed to the Subject Property and take all steps necessary to affect the transfer thereof to the EDA to facilitate the transfer to Greater Metropolitan Housing Corporation. IV. EFFECTIVE DATE 4.1. This Ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of ,2015. Tim Willson, Mayor ATTEST: Sharon Knutson, City Clerk Date of Publication Effective Date (Strikeout indicates matter to be deleted, double underline indicates new matter.) Attachment V - Resolution Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING PURCHASE AND CONVEYANCE OF PARCEL # 34-119-21- 14-0004 (3112 67 t' N) WHEREAS, The City wishes to facilitate the pass through conveyance of the tax forfeited parcel located within the City and describe as Lot 26, Block 3, Elsen's City View 3rd Addition ("Subject Property") from Hennepin County, to the City, to the City's Economic Development Authority ("EDA"), and then to the Greater Metropolitan Housing Corporation; and WHEREAS, it is beneficial to the City to facilitate this acquisition and conveyance; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Brooklyn Center, Minnesota, approves the purchase of the Subject Property from Hennepin County and the conveyance of the Subject Property to the EDA for the purpose of reconveyance to the Greater Metropolitan Housing Corporation; and BE IT FINALLY RESOLVED, City staff are authorized and directed to take such actions as are needed to negotiate the acquisition and conveyance of the Subject Property and the Mayor and Manager are authorized to execute such documents and to take such other actions as may be needed to complete the acquisition and conveyance. 22, 2015 Date Tim Willson, Mayor ATTEST: Sharon Knutson, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 9a COUNCI{L U[]EM MEMORANDUM DATE: June 22, 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 Application No. 2015-003 submitted by MBC II, LLC (Hyde Development) for 2 nd Amendment to the Original 2008 Minneapolis Building Center II Planned Unit Development Project, located on the Former Howe Fertilizer Site, 4821 Xerxes Avenue N.) Recommendation: It is recommended that the City Council adopt the Resolution regarding the disposition of Planning Application No. 2015-003 submitted by MBC II, LLC (Hyde Development) for 2nd Amendment to the Original 2008 Minneapolis Building Center II Planned Unit Development Project, located on the Former Howe Fertilizer Site, located at 4821 Xerxes Avenue N. Background: On June 11, 2015, the Planning Commission reviewed Planning Application No. 2015-003 submitted by MBC II, LLC (Hyde Development) for a 2'' Amendment to the 2008 Minneapolis Building Center II Planned Unit Development Project. The subject site is locally identified as the former Howe Fertilizer Site, located at 4821 Xerxes Avenue North. The City Planner's Report (dated 06/11/2015), which includes the City Engineer's Review Memo and other supporting documents, are attached for the City Council's review. This planning item was presented before the Planning Commission under a public hearing item, whereupon conclusion of the hearing, the commission adopted Planning Commission Resolution No. 2015-03, which provides a favorable and unanimous recommendation of the proposed Planned Unit Development (PUD) Amendment. This resolution is attached for review. Excerpts from the June 11th Planning Commission meeting minutes regarding this matter are also attached. Budget Issues: There are no budget issues to consider. Strategic Priorities: Targeted Redevelopment Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the qualiti' of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. 2015- RESOLUTION REGARDING THE DISPOSITION OF PLANNING APPLICATION NO. 2015-003 SUBMITTED BY MBC II, LLC (HYDE DEVELOPMENT) FOR 2 nd AMENDMENT TO THE ORIGINAL 2008 MINNEAPOLIS BUILDING CENTER II PLANNED UNIT DEVELOPMENT PROJECT (FORMER HOWE FERTILIZER SITE —4821 XERXES AVENUE N.) WHEREAS, the City Council for the City of Brooklyn Center previously considered Planning Commission Application No. 2008-001 submitted by Real Estate Recycling Acquisitions, LLC, which approved the rezoning from 1-2 (General Industry) to PUD/I-1 (Planned Unit Development/Industrial Park) of a 5.03 acre site located at the southwest corner of 49th Avenue North and Brooklyn Boulevard, commonly known as the former Howe Fertilizer Site and addressed as 4821 Xerxes Avenue North ("Subject Property"); and WHEREAS, the 2008 Planned Unit Development rezoning considered the acceptance and approval of a new PUD development plan for a 51,000 sq. ft. office/industrial/warehouse facility on the subject property; and WHEREAS, on February 25, 2008, the City Council adopted City Resolution No. 2008-23, which in effect approved the original 2008 Planned Unit Development of the Minneapolis Business Center II Project for the for the Subject Property; and WHEREAS, on June 10, 2013, the City Council adopted City Resolution No. 2013- 65, which approved the First Amendment to the 2008 Planned Unit Development, whereby requesting certain and additional modifications and allowances from the 2008 PUD approvals, including: 1.enlarging a pre-approved office/warehouse building from 51,000 sq. ft. to 60,000 sq. ft.; 2.allowing a minor relocation of the new building on the subject parcel; 3.reducing certain boundary setbacks; and 4.allowing a small expansion of new driveway/parking areas, which would impact the required buffer areas required under the established PUD/1-1 District. WHEREAS, the Planning Commission considered under Planning Application No. 2015-003, submitted by MBC II, LLC, an application that comprehends the approval of the Second(2 Id) Amendment to the 2008 Planned Unit Development, whereby requesting certain and additional modifications and allowances from the 2008 and 2013 PUD approvals, including: a. enlarging the pre-approved office/warehouse building from 60,000 sq. ft. to 68,000 sq. ft., of which the 8,000 additional square feet will be used as RESOLUTION NO. 2015- covered storage area; and b. allowing a 4,000 sq. ft. outdoor storage area in the I-i Industrial Park District. WHEREAS, the Planning Commission held a duly called public hearing on June 11, 2015, whereby this item was given due consideration, a staff report was presented, and a public hearing was opened to allow for public testimony regarding this planning application, all of which were received and noted for the record; and WHEREAS, the Planning Advisory Commission of the City of Brooklyn Center did hereby find that Planning Application No. 2015-003 may be approved based upon the following findings: 1.The Amendment to the Original 2008 and Amended 2013 Planned Unit Development is compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. 2.The 2'' Amendment to the 2008 Planned Unit Development proposal keeps and maintains for the utilization of the land in question in a manner which is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding land. 3.The utilization of the property as proposed under the 2008 Planned Unit Development Rezoning remains a reasonable use of the property and will conform to ordinance standards, including those allowed under City Resolution No. 2008-23 and 2013-65, which remain in effect or modified herein by this approval. 4.This 2' Amendment to the 2008 Planned Unit Development proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city. 5. This 2nd Amendment to the 2008 Planned Unit Development proposal appears to be a good long range use of the existing land and this development can be considered an asset to the community. AND WHEREAS, upon due and proper consideration of this matter, and in light of all testimony received, utilizing the guidelines for evaluating rezoning contained in Section 35-208 of the City's Zoning Ordinance and the provisions of the Planned Unit Development ordinance contained in Section 35-355 of the City's Zoning Ordinance and the City's Comprehensive Plan, the Planning Advisory Commission did formulate a favorable and unanimous recommendation of approval be forwarded to the City Council. RESOLUTION NO. 2015- NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Planning Application No. 2015-003 as submitted by MBC II, LLC, requesting approval of the 2nd Amendment to a Planned Unit Development, specifically the 2008 Minneapolis Building Center II Project, be approved based upon the following additional allowances and conditions: 1.Allow a revision from the 2013 MBC II PUD Plans to increase the proposed building from 60,000 sf. to 68,000 sf., and also the 4,000 sf. of outdoor (uncovered) storage area to the new proposed office/warehouse/light manufacturing facility. 2.All standards regarding the outdoor storage areas, as noted under City Code Section 35-330. Subsection 3.i., shall be adhered to as part of any future development of this site utilizing outdoor storage in this PUD/1-1 District. 3.Allow the minor relocation of the new building on the subject parcel as shown or indicated on the 2013 MBC II PUD Plan set; 4.All previous conditions memorialized in City Resolution No. 2013-65 and 2008-23, including those not affected by these new allowances, shall remain in effect and complied with as part of this 2015 PUD Amendment approvals; 5.All conditions or requirements as noted in the City Engineer's Review Memorandum, dated May 23, 2013 and the updated memo of June 3, 2015, shall be complied with as part of this 2015 PUD Amendment approval. 6.Execution of a PUD Amendment agreement as prepared by the City Attorney. June 22, 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: RESOLUTION NO. 2015- whereupon said resolution was declared duly passed and adopted. MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA JUNE 11, 2015 1.CALL TO ORDER The Planning Commission meeting was called to order by Chair Christensen at 7:00 p.m. 2.APPROVAL OF AGENDA There was a motion by Commissioner Schonning, seconded by Commissioner Sweeney, to approve the agenda as amended to add Item 3, Administer Oath of Office. The motion passed. 3.ADMINISTER OATH OF OFFICE Secretary to the Planning Commission Tim Benetti administered the oath of office to Alexander Koenig and Jack MacMillan. Chair Christensen welcomed both to the Planning Commission. 4.ROLL CALL Chair Randy Christensen, Commissioners Benjamin Freedman (arrived at 7:02 p.m.), Alexander Koenig, John MacMillan, Carlos Morgan (arrived at 7:02 p.m.), Stephen Schomiing, and Rochelle Sweeney were present. Also present were Councilmember Ryan, Secretary to the Planning Commission Tim Benetti, Director of Business & Development Gary Eitel, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. 5.CHAIR'S EXPLANATION Chair Christensen 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. 6.APPROVAL OF MINUTES - MAY 14, 2015 There was a motion by Commissioner Freedman, seconded by Commissioner Schonning, to approve the minutes of the May 14, 2015 meeting as submitted. The motion passed. PC Minutes 06-11-15 -1- DRAFT 7. PLANNING APPLICATION ITEMS 7a) APPLICATION NO. 2015-003 MBC II, LLC (HOWE DEVELOPMENT) - PLANNED UNIT DEVELOPMENT TO ENLARGE APPROVED BUILDING AREA AND ALLOW OUTDOOR STORAGE AREA Chair Christensen introduced Application No. 2015-003, consideration of a Planned Unit Development Amendment to Enlarge Approved Building Area and Allow Outdoor Storage Area, located at 4821 Xerxes Avenue North. (See Planning Commission Reports dated 06-11-2015 for Application No. 2015-003.) Mr. Benetti stated Mr. Paul Hyde, acting on behalf of MBC II, LLC is requesting a Planned Unit Development (PUD) Amendment to a previously approved How Fertilizer Site PUD Redevelopment Plan. This second amendment consists of the following requests: 1.To enlarge a pre-approved office/warehouse building from 60,000 square feet to 68,000 square feet of which 8,000 additional square feet will be used as covered storage area; and, 2.To allow a 4,000 square foot storage area in the I-i Industrial Park District. Mr. Benetti explained the building addition and outdoor storage area is for the benefit of a local plumbing supply company that requires outdoor storage of various raw materials, while maintaining enough space inside the building for light manufacturing and processing of said materials. It was noted that legal notice was published in the local Sun Post and notice letters were delivered to all neighboring properties within 350 feet of the subject site. Mr. Benetti displayed aerial maps of the subject site, noting the three buildings had been removed as part of the recently approved mitigation. He then presented background information relating to the former Howe Fertilizer site and terms of the original PUD approved in 2008. Mr. Benetti noted the amended set of plans reflects the applicant's request to separate the two storage areas on the site, which does not take away from the original intent of this PUD amendment request or review process. Mr. Benetti stated Planning Staff recommends the Planning Commission provide a recommendation to the City Council to approve Planning Application No. 2015-003, the Planned Unit Development (PUD) Amendment to the 2013 Minneapolis Building Center II Planned Unit Development Project, subject to the same conditions and allowances as specified in the 2013 review and approvals, with the conditions noted in the Planning Staff report and also similar in the Resolution. OPEN TO PUBLIC COMMENTS —APPLICATION NO. 2015-003 Chair Christensen recognized residents in the audience who wished to speak on this matter. There was a motion by Commissioner Sweeney, seconded by Commissioner Schonning, to open the public hearing on Application No. 2015-003, at 7:10 p.m. The motion passed unanimously. PC Minutes 06-11-15 -2- DRAFT Chair Christensen called for comments from the public Randy Grist, 4920 Zenith Avenue, asked if there are two different driveways, noting the existing driveways are set up differently. He also asked if they were purchasing houses along Xerxes Avenue to accommodate locating the two driveways farther to the west than the current driveway locations. Mr. Benetti stated no houses are being purchased to accommodate this proposal. He used an aerial map to identify the location of the first and second driveways. Mr. Grist asked about plans for storage on this site and if the proposed tenants will store tank trucks, expressing concern should highly flammable fuel be stored on the site. Mr. Benetti suggested the applicant address that question. Paul Hyde, Hyde Development, 1320 West Lake Street, stated there is a tenant with a primary business of manufacturing and fabricating steel pipe such as sprinkler pipes. Chair Christensen noted all ordinances would be followed relating to flammable products. Mr. Hyde assured the Commission that no flammable liquids would be stored on this site. Mr. Benetti stated should there be flammable liquids, it requires approval by the Fire Chief and Police Chief as well as a building that is specially constructed. Chair Christensen reviewed the Planning Commission's past consideration to address outdoor storage. Mr. Grist asked whether there will be overhead outdoor lighting that would create light pollution into the neighborhood and if the business will be in operation during regular business hours. Mr. Hyde answered there have been no changes to the photometric plan that was approved several years ago. The site will have standard lighting to assure safety when walking to cars. The business operates during traditional business hours and there will be outdoor storage of pipe. Mr. Hyde stated the tenant is an internationally-known company, one of the largest in the world, but he is under a confidentiality agreement until the PUD is approved and agreements are signed. Terry Nelson, 3001 5 l't Avenue N., asked about additional truck traffic delivering steel and if that delivery will occur during evening hours. Mr. Hyde responded they project less truck traffic than when it was a multi-tenant building and the trucks will be in operation during the business day. Mr. Hyde noted it has taken nearly seven years to get this site ready for development and three rounds of $1.5 million grant applications. He thanked the City and Planning Commission for their assistance, noting his Dad had died during this long process but the site is now ready for occupancy. Judy Broeren, 5007 Zenith Avenue North, stated there is a nice office building across the street and asked if that architecture will be duplicated on this site. Mr. Hyde stated they constructed the building across the street and this site will compliment that site including building style, materials, and fence. PC Minutes 06-11-15 -3- DRAFT Chair Christensen agreed it has been a long time for the site to get to this stage when it can be developed. MOTION TO CLOSE PUBLIC COMMENTS (HEARING) There was a motion by Commissioner Schonning, seconded by Commissioner Sweeney, to close the public hearing on Application No. 2015-003. The motion passed unanimously. Chair Christensen called for questions and comments from Commissioners. Commissioner Sweeney questioned whether Item 2c on Page 6 contained a mathematical error, and if 13,000 square feet should be 12,000 square feet. Mr. Benetti explained the covered storage area is considered an addition to the building since it has a roof structure; however, the uncovered storage area does not count towards the building square footage. He reviewed Page 6, Item 2c, and agreed it should be corrected to reflect 12,000 square feet. Chair Christensen asked whether the covered storage area is fenced. Mr. Benetti stated it is fenced for security, covered with a roof, and will also be screened. He indicated the project will be required to meet Code requirements. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2015-03 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2015-003 SUBMITTED BY MBC II, LLC (HOWE DEVELOPMENT) There was a motion by Commissioner Sweeney, seconded by Commissioner Freedman, to approve Planning Commission Resolution No. 2015-03, as corrected on Page 6, Item 2c, to reflect 12,000 square feet. Voting in favor: Chair Christensen, Commissioners Freedman, Koenig, MacMillan, Morgan, Schonning, and Sweeney. And the following voted against the same: None The motion passed unanimously. The Council will consider the application at its June 22, 2015 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. PC Minutes 06-11-15 -4- DRAFT OK!.) V -\7LR Planning Commission Report Meeting Date: June 11, 2015 • Application Filed: 05/22/15 • Review Period (60-day) Deadline: 07/21/15 o Extension Declared: N/A o Extended Review Period Deadline: N/A Application No. 2015-003 Applicant: MBC II, LLC (Paul Hyde) Location: 4821 Xerxes Avenue North (former Howe Fertilizer site) Request: Planned Unit Development - 2nd Amendment to Enlarge Approved Building Area and Allow Outdoor Storage Area INTRODUCTION Mr. Paul Hyde, acting on behalf of MBC II, LLC is requesting a planned unit development (PUD) amendment to a previously approved Howe Fertilizer Site PUD redevelopment plan. This second amendment consists of the following requests: enlarge a pre-approved office/warehouse building from 60,000 sq. ft. to 68,000 sq. ft., of which the 8,000 additional square feet will be used as covered storage area; and b. allowing a 4,000 sq. ft. outdoor storage area in the I-i Industrial Park District. This building addition and outdoor storage area is for the benefit of a local plumbing supply company that requires outdoor storage of various raw materials, while maintaining enough space inside the building for light manufacturing and processing of said materials. This item is being presented as a public hearing item. Legal notice was published in the local Sun-Post paper; and notice letters were delivered to all neighboring properties within 350-feet of the subject site. COMPREHENSIVE PLAN AND ZONING STANDARDS Land Use Plan. Industrial Current Zoning: PUD/1-1 Planned Unit Development/Industrial Park Surrounding Zoning: North: RI One Family Residence East: Industrial (City of Minneapolis) South: 1-2 General Industry West: RI One Family Residence & 1-2 General Industry Neighborhood: Happy Hollow Site Area: 5.03 acres Setback Standards: Building: Front Yard = 50-ft.; Side Yard 10 ft.; Rear Yard = 25-ft. Parking: 15-ft. from any street right-of-way line Howe Fert. Site - MBC, II PC 06/11/15 Page 1 Conformity to: Land Use Plan: YES Zoning Ord.: YES, subject to PUD approvals. Subdivision Ord.: YES, although no platting is required in this case. Sign Ord.: Unknown at this time due to incomplete development of site. Variance Neededfor Request. NO, but PUD Amendment does provide a mechanism to grant flexibility and allowances normally approved by a variance. BACKGROUND The former Howe Fertilizer site was originally developed with a number of different buildings used for the manufacturing, storage and distribution of various fertilizers, insecticides, and agricultural related chemicals from 1940 to approximately 2001. The site also contained a full- service gas station from 1946 to 1970. The manufacturing of chemical fertilizers at this site ceased in 1994. Due to a major industrial fire a number of years ago, the site and part of the surrounding properties were inadvertently contaminated due to chemical and fertilizer wash-out from the fire-fighting operations. Mr. Hyde has secured Minnesota Department of Agriculture's approval of his site clean-up (mitigation) plan, which includes a large amount of contaminated soils to be removed and hauled off site, with new fill material brought in to stabilize the new building foundation and parking areas. In 2008, MBC, II received approval to build a new 51,000 sf. office/warehouse facility with parking on the site. This site was originally zoned 1-2 (General Industry), but the 2008 approvals included a rezoning to PUD/1-1 (Planned Unit Development/Industrial Park). This PUD allowed certain modifications to the 100-ft. and 50-ft. buffer requirements where industrial uses abut residential zoned properties, either at the property line or the street lines. In 2013, the developer requested an amendment to the 2008 PUD to enlarge the original proposed building by 9,000 sf. to 60,000 sf.; and reaffirmed the reduced buffers and reduced parking setbacks for the subject site. The City Council approved this first PUD Amendment under City Resolution No. 2013-65 (June 10, 2013). PLANNED UNIT DEVELOPMENT PROCESS A Planned Unit Development proposal involves the rezoning of land with a PUD designation followed by an alpha numeric designation of the underlying zoning district. This underlying zoning district provides the regulations governing uses and structures within the Planned Unit Development. Rules and regulations governing that district (in this case, I-i - Industrial Park) would apply to the development proposal. One of the purposes of the PUD district is to give the City the needed flexibility in addressing development and/or redevelopment problems that may be associated when presenting the site for review. Regulations governing uses and structures may be modified by conditions ultimately imposed by the City Council on the development plans. Howe Fert. Site - MBC, II PC 06/11/15 Page 2 OUTDOOR STORAGE STANDARDS for I-i USES 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: 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 (15%) 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, 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. Howe Fed. Site - MBC, II PC 06/11/15 Page 3 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. PLANNED UNIT DEVELOPMENT (AMENDMENTS) 1. Enlarge the pre-approved office/warehouse building from 60,000sf to 68,000sf by means of a covered outdoor storage area. The overall design and layout of the approved 2013 Site Plan is virtually unchanged under this second amendment request. The 60,000 sf building is not being revised or moved; nor is any loss of parking spaces. 2013 Site Plan .APPROVED fc _____Vi1 1 \ IL The PUD standards contained in City Code allows for buildings to be increased by no more than 5% after official city approval. Under this allowable standard, only 3,000 sf1 could be added without special approvals. The request from 60,000 sf1 to 68,000 sf. represents a 13.3% increase. Howe Fert. Site - MBC, II PC 06/11/15 Page 4 The additional building area is actually an extended roof covering attached to the main building, which by State of Minnesota Building Codes is considered an addition to the building (noted in red shading in the site plan drawing below). 2015 Site Plan -PROPOSED !'-V T C _I I \ n H \—--- huT £ I -\ \ \ IEI D I - \ \ \ -L / I I \ rL I. / I i-f- I \\\II Ht 7 CII TFE 1r:__ Hi-;- J;- J 1 41L T ii :OLE MINNEAPOLIS BUSINESS CENTER II - COVERED STORAGE SITE PLAN 3 This new covered storage area does not negatively impact the approved site plan in 2013, and does not cause a loss of parking or impact of vehicle movements, since this area of the building was reserved for loading/unloading. Other areas of the building will remain available for loading/unloading outside the storage areas. 2) Allow a 4,000 sq. ft. outdoor storage area in the I-i Industrial Park District The yellow shaded region (in the plan above) represents the 4,000 sf. outdoor (uncovered) storage area called for under this PUD Plan Amendment. The City recently approved (February 9, 2015) a new ordinance that allows outdoor storage areas for I-i uses, but only by means of a special use permit. Under this PUD application, the special use permit is essentially waived and will be considered tinder this PUD Amendment process. The analysis will still follow the same special use permit standards however, which are noted as follows by italic style text headings, and planning staff analysis thereafter: Howe Fert. Site - MBC, II PC 06/11/15 Page 5 a) The establishment, maintenance or operation of the special use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. The area will be used to store related plumbing supply materials for the future tenant/user of this office/warehouse site. The screened, fenced in areas will provide adequate security and protection for all goods and displays by the company. This new outdoor storage areas will not be a detriment to this industrial site, or the surrounding neighboring uses or residential neighborhood to the west, since this area will be screened itself by a separate 8-foot high, solid wooden fence provide by the site developer. There should be no 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 property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values.within the neighborhood. 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 of surrounding property for 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 60,000 sf which under a standard special use permit process would allow up to 9,000 sf. dedicated to outdoor storage areas. If the Planning Commission were to accept the findings made previously by staff that the 8,000 sf. covered area is considered "added building space" then the 4,000 sf. uncovered, outdoor storage area would meet this standard. Even if the city chooses to count or combine both areas as 12,000 sf. as "outdoor storage" area, this total amount can be approved under this PUD Amendment process, as part of the flexibility given under this application. In any event, 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 will have two access points off 491h Avenue North. There are no changes to these accesses as part of this PUD Amendment. All planned parking will remain intact, with no changes or relocated spaces needed for these outdoor storage areas. 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 meet the overall and general standards for the Howe Fert. Site - MBC, II PC 06/11/15 Page 6 I-i Industrial Park District, and all new standards created under City Code Sect. 35-330, 3.1i .1 which have been found to be acceptable by the developer. RECOMMENDATION Staff recommends the Planning Commission adopt the attached Resolution No. 20 15-04, which comprehends the approval of Planning Application No. 20 15-004, the Planned Unit Development (PUD) Amendment to the 2013 Minneapolis Building Center II Planned Unit Development Project, subject to the same conditions and allowances as specified in the 2013 review and approvals: 1.Allow a revision from the 2013 MBC II PUD Plans to increase the proposed building from 60,000 sf. to 68,000 sf., and also the 4,000 sf. of outdoor (uncovered) storage area to the new proposed office/warehouse/light manufacturing facility. 2.All standards regarding the outdoor storage areas, as noted under City Code Section 35- 330. Subsection 3.i., shall be adhered to as part of any future development of this site utilizing outdoor storage in this PUD/1-1 District. 3.Allow the minor relocation of the new building on the subject parcel as shown or indicated on the 2013 MBC II PUD Plan set; 4.All previous conditions memorialized in City Resolution No. 2013-65 and 2008-23, including those not affected by these new allowances, shall remain in effect and complied with as part of this 2015 PUD Amendment approvals; 5.All conditions or requirements as noted in the City Engineer's Review Memorandum, dated May 23, 2013 and the updated memo of June 3, 2015, shall be complied with as part of this 2015 PUD Amendment approval. 6.Execution of a PUD Amendment agreement as prepared by the City Attorney. Attachments o 2015 MBC II Planned Unit Development Plan Set o PC Resolution No. 2015-03 (draft) o CC Resolution No. 2013-65 (executed) o CC Resolution No. 2008-23 (executed) Howe Fert. Site - MBC, II PC 06/11/15 Page 7 !H Tm F ! H c j /V:..JflfT71nffnrrH111/) I I '\jY / I Lr1T- /I tt// CD MEMORANDUM DATE: June 3, 2015 TO: Tim Benetti, Planning and Zoning Specialist FROM: Andrew Hogg, Assistant City Engineer SUBJECT: Public Works - PUD 2' Amendment Review for HOWE PUD Public Works Department staff has reviewed the submissions enumerated below for a PUD 2'' Amendment, prepared by Mohagen Hansen Architectural Group dated May 21, 2015. Previous PUD review comments, dated May 23, 2013 are attached. We offer the following comments: Sheet Covered Storage Site Plan 3 Exhibit Verify 50' screening buffer in northwest.corner of the site. Sheet C6.0 The devolvement shall tie into the 12" main at location of existing 6" hydrant lead and water meter structure (which shall be removed by developer) thus avoiding an additional street cut. Miscellaneous o The City has submitted the plans to Hennepin County for review. Applicant must meet requirements from the Hennepin County review. All aforementioned items, comments and recommendations are provided based on the information submitted by the applicant at the time of this review. The site plan must be developed and maintained in substantial conformance with the referenced plans, unless modified by the staff recommended conditions above. Subsequent approval of the final plan may require additional modifications based on engineering requirements associated with final design of the water supply, storm drainage, sanitary sewer, final grading, geometric design and other design elements as established by the City Engineer and other public officials having jurisdiction over approval of the final site plans. MEMORANDUM DATE: May 23,2013 TO: Tim Benetti, Planning and Zoning Specialist FROM: Steven J Jankowski, Assistant City Engineer SUBJECT: Public Works - PUD Review for HOWE PUD Public Works Department staff has reviewed the submissions enumerated below for a PUD application, prepared by Opus Architects & Engineers Inc.: CS Cover sheet 1/17/08 Al .1 Architectural Site Plan 3/26/13 A2.1 Architectural Floor Plan 3/26/13 A3.1 Building Elevations 3/26/13 L1.0 Landscape Concept Plan 3/26/13 ES1.0 Photometric Site Plan 3/26/13 C1.0 Existing Conditions Plan 3/16/13 C4.0 Preliminary Grading, Drainage Plan 3/16/13 C5.0 Phase 1 SWPPP 3/16/13 C5.1 Phase 2 SWPPP 3/16/13 C5.2 SWPPP Notes and Details 3/16/13 C6.0 Utility Plan 3/16/13 C8.0 Detail Sheet 3/16/13 PUD Public Works Review Memo - Howe Property Page 2 May 23, 2013 We are also in receipt of a Storm Water Management Plan for Minneapolis Business Center II prepared by Jared Jones PE of MRFA dated March 26, 2013. We offer the following comments: Sheet CS o The drawing index needs to be revised to be consistent with the plan sheets submitted as noted above. Sheet L1.0 A retaining wall is proposed along the north side of the eastern drive entrance; however, a berm is shown along this area on sheet C4.0. The plans shall be modified to eliminate this inconsistency. Sheet C4.0 o The sizes of the storm sewer and structure inverts need to be added to the plan. o A review of city documents indicates that a storm sewer may exist draining from the rear yard of 3135 49th Avenue (two lots west of the site) easterly through the southern portion of the site. An effort should be made to verify the existence of this line and if its existence is confirmed to redirect the discharge into the storm pond. o Typical cross section of the storm pond basins need to be provided showing side slopes and safety benches. o The location of the silt fence identified on sheet C5.0 is in nearly the identical location of the proposed storm sewer along the southern boundary of the site. Redesign or explain how this installation will be possible. o Plans and specifications for any retaining wall greater than 4 feet shall be designed by a registered professional engineer. o Slopes along turfed area shall be no greater than the 3:1 proposed on the plan. Sheet C6.0 The area of the site immediately west of the drive access contains a hydrant, hydrant valve and a water meter manhole which are not shown on the plan. In addition there is a 12" gate valve located in 49th Avenue which is not shown. These features should be located and added to the plan. The hydrant, valve and meter manhole shall be removed as part of the site redevelopment. The existing service line will need to be removed back to the 12" main and plugged at the service tee. Storm water treatment from the site consists of on-site ponding along with an infiltration basin. The rules of the Shingle Creek Watershed Management Commission regarding abstraction (infiltration) for storm water are contained in Section 3 (h) (2) (vi)(e) of Rule D of Appendix C of the Third generation plan and state as follows: "(vi) Constructed bio retention and infiltration practices such as rain gardens, infiltration trenches and infiltration benches shall not be used when (e) sites contain contaminated soils or groundwater" PUD Public Works Review Memo Howe Property Page 3 May 23, 2013 This site is known to have a number of contaminations issues and the proposed infiltration basin may not be acceptable. A summary of the known commination issues need to be documented along with an assessment of the degree of remediation which the developer anticipates to achieve. This data will be utilized by the Watershed in their review to determine whether infiltration is appropriate for this project. As mentioned above there will need to be removals of existing water main and appurtenances. A new hydrant should be added on the 8" service main near the western site entrance to provide fire coverage for the northwest quadrant of the site. Below are additional requirements for the redevelopment of this site: General Items: 1.The proposed plat is located adjacent to Hennepin County right-of-way. Minnesota Statutes require that the City submit the PUD to Hennepin County Transportation for written comments and recommendations. All Hennepin County comments will be conditions of approval. 2.The final construction plans must be certified by a licensed engineer in the state of Minnesota to the City Engineer for approval. 3.This development is required to be reviewed by the Shingle Creek Watershed Management Commission. All City and Watershed storm drainage, treatment and infiltration (if applicable) standards are required to be met. 4.All work performed and materials used for construction of utilities must conform to the City of Brooklyn Center's standard specifications and details. The City's standard details must be included in the final site plans. 5.A general project phasing and sequencing plan must be provided for the development. 6.During construction of the site improvements and until the permanent turf and plantings are established, the developer will be required to reimburse the City for the administration and engineering inspection efforts. 7.Upon project completion, the applicant must submit an as-built survey of the property, improvements and utility service lines and structures, and provide certified record drawings for any associated private and/or public improvements prior to issuance of the certificate of occupancy. The survey must also verify that all property corners have been established and are in place at the completion of the project as determined and directed by the City Engineer. 8.Inspection for the private site improvements must be performed by the developer's design/project engineer. Upon project completion, the design/project engineer must formally certify through a letter that the project was built in conformance with the approved plans and under the design/project engineer's immediate and direct supervision. The engineer must be certified in the state of Minnesota and must certify all required as- built drawings. 9.Irrigation is required for the site. A copy of the irrigation plan needs to be provided. 10.Vehicle turning movement diagrams need to be submitted documenting the adequacy the paved area in front of the loading area. PUD Public Works Review Memo - Howe Property Page 4 May 23, 2013 Easements, Agreements and Plat: 1.Legal descriptions and easement vacation documents must be obtained for all existing easements. Existing public easements as determined by the City must be vacated and proposed easements must be dedicated. 2.A Construction Management Plan and Agreement is required that addresses general construction activities and management provisions, traffic control provisions, emergency management provisions, storm water pollution prevention plan provisions, tree protection provisions, general public welfare and safety provisions, definition of responsibility provisions, temporary parking provisions, overall site condition provisions and non- compliance provisions. A $5,000 deposit will be required as part of the non-compliance provision. 3.A PUD Development Agreement is required that includes all conditions of the project approval, subject to the final site plan approval by the City Engineer. 4.An overall easement agreement is required that will provide the City perpetual accessibility to all private utilities and storm drainage areas to inspect and enforce proper utility service and maintenance for the entire site. This easement agreement also includes private inspection, maintenance and reporting responsibilities and must be executed prior to issuance of building and land alteration permits. 5.A 10-ft drainage and utility easement must be dedicated around the entire perimeter of the site. 6.The applicant shall be responsible for coordinating site development plans with all private utility companies (Xcel Energy, CenterPoint Energy, Qwest Communications, etc.). Easements necessary to provide utility service to the proposed site development should be dedicated as necessary. 7. Private site appurtenances (e.g. light poles, signs, etc.) must not encroach on public easement areas. If such an encroachment exists and is determined by the City to be not adverse to the public interest, such encroachments will require an Encroachment Agreement. Anticipated Permitting: 1.A City of Brooklyn Center sewer and water disconnect permit is required. 2.A City of Brooklyn Center land disturbance permit is required. 3.A MPCA NPDES permit is required. 4.A Minnesota Department of Health department permit is required for the watermain extension. 5.A Hennepin County permit is required for work within Hennepin County right-of-way. 6.Shingle Creek Watershed Management Commission (SCWMC) plan review and approval are required. 7.A portion of this project will require construction on the adjacent railroad property. Documentation must be submitted showing authorization for this activity. 8.Other permits not listed may be required and is the responsibility of the developer to obtain and warranted. 9. Copies of all required permits must be provided to the City prior to issuance of applicable building and land disturbance permits. FA 'C/ 0 ,< = Cr g I j. 2 I /- /E .1 ^I F F F V- LI-i0=> LIJ JLU0= z LU (r LU 0 Ln LU CieLU >Z0 OE Zo U — ZN LU zLUU J-)LUz LM 0 LUzz C0)0)0 C-. C 4 QJ o J - - uJ o—0cC cC-J = Ui C/iCr0 Cr =0= o r o CD Member Kay Lasman introduced the following resolution and moved itsI. adoption:. RESOLUTION NO. 2008-23 RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2008-001 SUBMITTED BY REAL ESTATE RECYCLING ACQUISITIONS, LLC WHEREAS, Planning Commission Application No. 2008-001 submitted by Real Estate Recycling Acquisitions, LLC proposes rezoning from 1-2 (General Industry) to PUD/1-1 (Planned Unit Development/Industrial Park) of a 5.03 acre site located at the southwest corner of49th Avenue North and Brooklyn Boulevard and currently addressed as 4821 .Xerxes Avenue North; and WHEREAS, the proposal comprehends the rezoning of the above mentioned property and development plan approval for a 51,000 sq. ft. office/industrial/warehouse facility on that lot; and WHEREAS, the City Council considered Application No. 2008-001 at its February 25, 2008 meeting; and WHEREAS, the City Council considered this Planned Unit Development request in light of all testimony received, the guidelines for evaluating rezonings contained in Section 35-208 of the City's Zoning Ordinance, the provisions of the Planned Unit Development ordinance contained in Section 35-355 of the City's Zoning Ordinance, the City's Comprehensive Plan and the Planning Commission's recommendations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Application No. 2008-001 submitted by Real Estate Recycling Acquisitions, LLC. be approved based upon the following considerations: 1. The Planned Unit Development is compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. 2, The Planned Unit Development proposal will allow for the utilization of the land in • question in a manner which is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding • land. RESOLUTION NO. _200823 3.The utilization of the property as proposed under the Planned Unit Development Rezoning is considered a reasonable use of the property and will conform with ordinance standards except for allowing drive lane encroachments into the 100 ft and 50 ft. buffer requirements where industrial uses abut R1 zoned property at a property line and a street line respectively. These modifications from the I-i standards are justified on the basis of the development being an appropriate redevelopment of this area and that they are offset or mitigated by various factors contained in the approved site plan. 4.The Planned Unit. Development proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city. 5.The Planned Unit Development proposal appears to be a good long range use of the existing land and this development can be considered an asset to the community. 6.Based upon the above considerations, it is believed that the guidelines for evaluating rezonings as contained in Section 35-208 of the City's Zoning Ordinance are met and the proposal is, therefore, in the best interest of the community. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that Application No. 2008-001 be approved subject to the following conditions and considerations: 1.The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2.Grading, drainage, utility and, erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3.A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of building permits to assure completion of all required site improvements. 4.B-612 curb and gutter shall be provided around all parking and driving areas. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 6. . The buildings shall be equipped with an automatic fire extinguishing system to meet RESOLUTION NO.2O08-23 8.Plan approval is exclusive of all signely which is subject to Chapter 34 of the City Ordinances. 9.The applicant shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 10.The owner of the property shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems as approved by the City Engineer prior to the issuance of building permits. 11.The existing water and sanitary sewer services shall be properly disconnected from city systems in a manner approved by the City Engineer prior to the demolition of existing buildings on the site. 12.Driveway entrance construction is subject to the issuance of permits from the City Engineering Department and compliance with city standards and specifications. 13.All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center Standard Specifications and Details. 14.The applicant shall provide appropriate erosion control during construction as approved by the City Engineering Department and obtain an NPDES construction site erosion control permit from the Minnesota Pollution Control Agency prior to disturbing the site 15.Storm water drainage systems and the detention pond plan shall be approved by the Shingle Creek Watershed Management Commission prior to the issuance of permits. 16.Approval of this Planned Unit Development acknowledges the I-i underlying zoning district as authorizing allowable used generally within this development site. This site, however, may not be used as an "adult establishment" as indicated in Section 35-330, Subdivision la, 13. Such uses are specifically prohibited within this Planned Unit Development. 17.The owner shall enter into a PUD agreement with the City of Brooklyn Center to be reviewed and approved by the City Attorney prior to the issuance of building permits. Said agreement shall be filed with the title to the prOperty and shall acknowledge the specific modifications to the I-i underlying zoning district as well as all other conditions of approval. The agreement shall further assure compliance with the development plans submitted with this application. 18. The owner of the property shall execute a deed restriction, as approved by the City Attorney, requiring a small parcel of land lying easterly of this site in the . City of Minneapolis and identified as Parcel 2 on the land survey submitted with this ( RESOLUTION NO. 2008 -23Iproposal binding it to Lot 1, Block 1, Howe, Inc. 2'' Addition so that it shall not be used, sold or conveyed as a separate parcel. Said deed restriction shall be filed with the titles to the properties prior to the issuance of building permits for this project. 19. The applicant shall provide the City with assurance that their plan to remediate hazardous substances and petroleum products that present a threat to public health or the environment is acceptable with Minnesota Department of Agriculture and/or Minnesota Pollution Control Agency standards prior to the issuance of building permits. February 25.2008 Date Mayor ATTEST: N" City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Dan Ryan and upon vote being taken thereon, the following voted in favor thereof: Tim Willson, Kay .lasman, Mary O'Connor, Dan Ryan, and Mark Yelich; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted. Member Dan Ryan introduced the following resolution and moved its adoption: RESOLUTION NO. 2013-65 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING APPLICATION NO. 2013-003 SUBMITTED BY MBC II, LLC / PAUL HYDE FOR AN AMENDMENT TO THE 2008 MINNEAPOLIS BUILDING CENTER IT PLANNED UNIT DEVELOPMENT PROJECT (FORMER HOWE FERTILIZER SITE -4821 XERXES AVENUE N) WHEREAS, the City Council for the City of Brooklyn Center previously considered Planning Commission Application No. 2008-001 submitted by Real Estate Recycling Acquisitions, LLC, which approved the rezoning from 1-2 (General Industry) to PUD/I-1 (Planned Unit Development/Industrial Park) of a 5.03 acre site located at the southwest corner of 49 th Avenue North and Brooklyn Boulevard, commonly known as the former Howe Fertilizer Site and addressed as 4821 Xerxes Avenue North ("Subject Property"); and WHEREAS, the 2008 Planned Unit Development rezoning also considered the acceptance and approval of a new PUD development plan for a 51,000 sq. ft. office/industrial/warehouse facility on the subject property; and WHEREAS, the City Council, upon favorable recommendation from the Planning Commission, did adopt City Resolution No. 2008-23, which in effect approved the original .008 Planned Unit Development of the Minneapolis Business Center II Project for the for the Subject Property; and WHEREAS, on May 30, 2013, the Planning Commission also considered Planning Application No. 2013-003, submitted by MBC II, LLC (the successors and assigns of Real Estate Recycling Acquisitions, LLC of the Subject Property), which application comprehends the approval of an Amendment to the 2008 Planned Unit Development, whereby requesting certain and additional modifications and allowances from the 2008 PUD approvals, including: 1.enlarging a pre-approved office/warehouse building from 51,000 sq. ft. to 60,000 sq. ft.; 2.allowing a minor relocation of the new building on the subject parcel; reducing certain boundary setbacks; and 4. allowing a small expansion of new driveway/parking areas, which would impact the required buffer areas required under the established PUD/I-1 District. WHEREAS, the Planning Commission held a duly called public hearing on May 30, 2013, whereby this item was given due consideration, a staff report was presented, and a public. hearing was opened to allow for public testimony regarding this planning application, all of which were received and noted for the record. RESOLUTION NO. 2013-65 AND WHEREAS, upon due and proper consideration of this matter, and in light of all testimony received, utilizing the guidelines for evaluating rezonings contained in Section 35-208 of the City's Zoning Ordinance and the provisions of the Planned Unit Development ordinance contained in Section 35-355 of the City's Zoning Ordinance and the City's Comprehensive Plan, the Planning Advisory Commission did formulate a recommendation to be forwarded to the City Council. 1 NOW, THEREFORE, BE IT RESOLVED, the Planning Advisory Commission of the City of Brooklyn Center, does hereby recommend to the City Council that Planning Application No. 2013-003 as submitted by MBC II, LLC, requesting approval of an Amendment to a Planned Unit Development, specifically the 2008 Minneapolis Building Center II Project, be approved based upon the following considerations: 1.The Amendment to the 2008 Planned Unit Development is compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. 2.The Amendment to the 2008 Planned Unit Development proposal keeps and maintains for the utilization of the land in question in a manner which is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding land. 3.The utilization of the property as proposed under the 2008 Planned Unit Development Rezoning remains a reasonable use of the property and will conform with ordinance standards, including those allowed under City Resolution No. 2008-23, which remain in effect or modified herein by this approval. These modifications and standards are contained in the updated 2013 Minneapolis Business Center II Project development/site plans. 4.The Amendment to the 2008 Planned Unit Development proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city. 5. The Amendment to the 2008 Planned Unit Development proposal appears to be a good long range use of the existing land and this development can be considered an asset to the community. BE IT FURTHER RESOLVED the Planning Advisory Commission of the City of Brooklyn Center, recommends to the City Council that Planning Application No. 2013-003 as submitted by MBC II, LLC, requesting approval of an Amendment to a Planned Unit Development, specifically the 2008 Minneapolis Building Center II Project, be approved based upon the following additional allowances and conditions: RESOLUTION NO. 2013-65 All previous conditions memorialized in City Resolution No. 2008-23, including those not affected by these new allowances, shall remain in effect and complied with as part of this 2013 PUD Amendment approvals, which are noted as follows: a)The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. b)Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. C) A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of building permits to assure completion of all required site improvements. d)B-612 curb and. gutter shall be provided around all parking and driving areas. e)Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. f)The buildings shall be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. g)Underground irrigation shall be installed in all landscaped areas to facilitate site maintenance. h)Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. i)The applicant shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. j) The owner of the property shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems as approved by the City Engineer prior to the issuance of building permits. RESOLUTION NO. 20165 k) The existing water and sanitary sewer services shall be poper1y disconnected from city systems in a manner approved by the City Engineer prior to the demolition of existing buildings on the site. 1) Driveway entrance construction is subject to the issuance of permits from the City Engineering Department and compliance with city standards and specifications. m)All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center Standard Specifications and Details.n)The applicant shall provide appropriate erosion control during construction as approved by the City Engineering Department and obtain an NPDES construction site erosion control permit from the Minnesota Pollution Control Agency prior to disturbing the site. o)Storm water drainage systems and the detention pond plan shall be approved by the Shingle Creek Watershed Management Commission prior to the issuance of permits. p)Approval of this Planned Unit Development acknowledges the I-I underlying zoning district as authorizing allowable used generally within this development site. This site, however, may not be used as an "adult establishment" as indicated in Section 35-330, Subdivision la, 13. Such uses are specifically prohibited within this Planned Unit Development. ci) The owner shall enter into a PUD agreement with the City of Brooklyn Center to be reviewed and approved by the City Attorney prior to the issuance of building permits. Said agreement shall be filed with the title to the property and shall acknowledge the specific modifications to the I-i underlying zoning district as well as all other conditions of approval. The agreement shall further assure compliance with the development plahs submitted with this application. r) The owner of the property shall execute a deed restriction, as approved by the City Attorney, requiring a small parcel of land lying easterly of this site in the City of Minneapolis and identified as Parcel 2 on the land survey submitted with this proposal binding it to Lot 1, Block 1, Howe, Inc. 2nd Addition so that it shall not be used, sold or conveyed as a separate parcel. Said deed restriction shall be filed with the titles to the properties prior to the issuance of building permits for this project. RESOLUTION NO. 2013-65 s) The applicant shall provide the City with assurance that their plan to remediate hazardous substances and petroleum products that present a threat to public health or the environment is acceptable with Minnesota Department of Agriculture and/or Minnesota Pollution Control Agency standards prior to the issuance of building permits. 2.Allow a revision from the 2008 MBC II PUD Plans to increase the proposed office/warehouse building from 51,000 sq. ft. to 60,000 sq. ft.; 3.Allow the minor relocation of the new building on the subject parcel as shown or indicated on the 2013 MBC II PUD Plan set; 4.Allowing the reduced boundary setbacks of the parking area from 15-feet to 10-feet in certain locations; 5.Allowing a small expansion of new driveway/parking areas, which would impact the required buffer areas required under the established PUD/1-1 District. 6.The Applicant shall provide a paved pedestrian/bicycle connection between the parking lot area near the front entryway leading out to the existing sidewalk along Osseo Road. 7.All conditions or requirements as noted in the City Engineer's Review Memorandum, dated May 23, 2013 and referenced herein shall be complied with as part of this 2013 PUD Amendment approvals 8.Execution of a PUD Amendment agreement as prepared by the City Attorney. 9.•A final landscape and screening plan must be approved by the Planning Commission prior to the issuance of a building permit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that Planning Application No. 2013-003 as submitted by MBC II, LLC, requesting approval of an Amendment to a Planned Unit Development, specifically the 2008 Minneapolis Building Center II Project, is hereby approved subject to the conditions memorialized herein. RESOLUTION NO. 201365 June 10, 2013 Date ATTEST: 'YL 4^City Clerk Mayor The motion for the adoption of the foregoing resolution was duly seconded by member Lin Myszkowski and upon vote being taken thereon, the following voted in favor thereof: Tim Willson, Carol Rieven, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted. ( (n IL I U Commissioner Sweeney introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 2015-03 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING APPLICATION NO. 2015-003 SUBMITTED BY MBC II, LLC / HYDE DEVELOPMENT FOR A 2' AMENDMENT TO THE ORIGINAL 2008 MINNEAPOLIS BUILDING CENTER II PLANNED UNIT DEVELOPMENT PROJECT (FORMER HOWE FERTILIZER SITE - 4821 XERXES AVENUE N.). WHEREAS, the City Council for the City of Brooklyn Center previously considered Planning Commission Application No. 2008-001 submitted by Real Estate Recycling Acquisitions, LLC, which approved the rezoning from 1-2 (General Industry) to PUD/1-1 (Planned Unit Development/Industrial Park) of a 5.03 acre site located at the southwest corner of 49th Avenue North and Brooklyn Boulevard, commonly known as the former Howe Fertilizer Site and addressed as 4821 Xerxes Avenue North ("Subject Property"); and WHEREAS, the 2008 Planned Unit Development rezoning considered the acceptance and approval of a new PUD development plan for a 51,000 sq. ft. office/industrial/warehouse facility on the subject property; and WHEREAS, on February 25, 2008, the City Council adopted City Resolution No. 2008-23, which in effect approved the original 2008 Planned Unit Development of the Minneapolis Business Center II Project for the for the Subject Property; and WHEREAS, on June 10, 2013, the City Council adopted City Resolution No. 2013- 65, which approved the First Amendment to the 2008 Planned Unit Development, whereby requesting certain and additional modifications and allowances from the 2008 PUD approvals, including: enlarging a pre-approved office/warehouse building from 51,000 sq. ft. to 60,000 sq. ft.; 2. allowing a minor relocation of the new building on the subject parcel; reducing certain boundary setbacks; and 4. allowing a small expansion of new driveway/parking areas, which would impact the required buffer areas required under the established PUD/I-1 District. WHEREAS, the Planning Commission considered under Planning Application No. 2015-003, submitted by MBC II, LLC, an application that comprehends the approval of the Second (2') Amendment to the 2008 Planned Unit Development, whereby requesting certain and additional modifications and allowances from the 2008 and 2013 PUD approvals, including: a. enlarging the pre-approved office/warehouse building from 60,000 sq. ft. to 68,000 sq. ft., of which the 8,000 additional square feet will be used as PC RESOLUTION NO. 2015-03 covered storage area; and b. allowing a 4,000 sq. ft. outdoor storage area in the I-i Industrial Park District. WHEREAS, the Planning Commission held a duly called public hearing on June 11, 2015, whereby this item was given due consideration, a staff report was presented, and a public hearing was opened to allow for public testimony regarding this planning application, all of which were received and noted for the record. AND WHEREAS, upon due and proper consideration of this matter, and in light of all testimony received, utilizing the guidelines for evaluating amendments to a Planned Unit Development, as contained under Section 35-355 of the City's Zoning Ordinance and the City's Comprehensive Plan, the Planning Advisory Commission did formulate the recommendation noted herein and forwarded to the City Council. NOW, THEREFORE, BE IT RESOLVED, the Planning Advisory Commission of the City of Brooklyn Center, recommends to the City Council that Planning Application No. 2015- 003 as submitted by MBC II, LLC, requesting approval of the 2nd Amendment to a Planned Unit Development, specifically the 2008 Minneapolis Building Center II Project, be approved based upon the following findings: The Amendment to the Original 2008 and Amended 2013 Planned Unit Development is compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. 2.The 2nd Amendment to the 2008 Planned Unit Development proposal keeps and maintains for the utilization of the land in question in a manner which is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding land. 3.The utilization of the property as proposed under the 2008 Planned Unit Development Rezoning remains a reasonable use of the property and will conform to ordinance standards, including those allowed under City Resolution No. 2008-23 and 2013-65, which remain in effect or modified herein by this approval. 4. This 2nd Amendment to the 2008 Planned Unit Development proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city. This 2' Amendment to the 2008 Planned Unit Development proposal appears to be a good long range use of the existing land and this development can be considered an asset to the community. P C RESOLUTION NO. 2015-03 BE IT FURTHER RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center, recommends to the City Council that Planning Application No. 2015-003 as submitted by MBC II, LLC, requesting approval of the 2' Amendment to a Planned Unit Development, specifically the 2008 Minneapolis Building Center II Project, be approved based upon the following additional allowances and conditions: Allow a revision from the 2013 MBC II PUD Plans to increase the proposed building from 60,000 sf. to 68,000 sf., and also the 4,000 sf. of outdoor (uncovered) storage area to the new proposed office/warehouse/light manufacturing facility. 2.All standards regarding the outdoor storage areas, as noted under City COde Section 35-330. Subsection 3.i., shall be adhered to as part of any future development of this site utilizing outdoor storage in this PUD/1-1 District. 3.Allow the minor relocation of the new building on the subject parcel as shown or indicated on the 2013 MBC II PUD Plan set; 4.All previous conditions memorialized in City Resolution No. 2013-65 and 2008-23, including those not affected by these new allowances, shall remain in effect and complied with as part of this 2015 PUD Amendment approvals; 5.All conditions or requirements as noted in the City Engineer's Review Memorandum, dated May 23, 2013 and the updated memo of June 3, 2015, shall be complied with as part of this 2015 PUD Amendment approval. 6. Execution of a PUD Amendment agreement as prepared by the City Attorney. June _11, 2015 Date Chair ATTEST:- ^ -1 -, =: ^ ^- ^2 Secretary The motion for the adoption of the foregoing resolution was duly seconded by member Freedman and upon vote being taken thereon, the following voted in favor thereof: PC RESOLUTION NO. 2015-03 Chair Christensen, Commissioners Koenig, MacMillan, Schonning, Freedman, and Sweeney. and the following voted against the same: None whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 9b COUNCI{JLJ I{ThM MEMORANDUM DATE: June 22, 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 Application No. 2015-004 submitted by CS Property NMA, LLC (New Millennium Academy) for Approval of a New Planned Unit Development with new Zoning Classification of PUD- MIXED R-2/R-3 (Planned Unit Development - Two Family Residence and Multiple Family Residence) and Development Site Plan of a New K-8 Public Charter School Facility, located at 5120 Lilac Drive North. -And- Ordinance Amending Chapter 35 of the City Code of Ordinances Regarding the Zoning Classification of Certain Land Generally Located in the South Section of the City, generally situated between HWY 100 to the West, Brooklyn Boulevard to the East and Happy Hollow Park to the South, and locally identified as 5120 Lilac Drive North. - Motion to approve First Reading of Ordinance and set Second Reading and Public Hearing for July 27, 2015. Recommendation: It is recommended that the City Council adopt the resolution regarding the disposition of Planning Application No. 2015-004, submitted by CS Property NMA, LLC (New Millennium Academy) for approval of a new Planned Unit Development with new zoning classification of PUD-MIXED R-2/R-3 (Planned Unit Development - Two Family Residence and Multiple Family Residence) and a Development Site Plan of a New K-8 Public Charter School Facility, located at 5120 Lilac Drive North. Subsequent to this action, it is recommended the Council make a Motion to approve the First Reading of the Ordinance authorizing the rezoning component of this PUD, and set a second reading and public hearing for the July 27, 2015 meeting. Background: On June 11, 2015, the Planning Commission reviewed Planning Application No. 2015-004 submitted by CS Property NMA, LLC for approval of a new Planned Unit Development with new zoning classification of PUD-MIXED R-2/R-3 (Planned Unit Development - Two Family Residence and Multiple Family Residence). The proposed PUD request also includes consideration of a new Development Site Plan for a new K-8 public charter school facility, to be Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the qiuillty of life for a//people and preserves (lie public trust [I[I1lJ[I flu k'A Ih'i I k'A El) UI 1SA'A I knowns as New Millennium Academy, located on the former Malmborg' s Nursery site located at 5120 Lilac Drive North. The City Planner's Report (dated 06/11/2015), which includes the City Engineer's Review Memo and other supporting documents, are attached for the City Council's review. This planning item was presented before the Planning Commission under a public hearing item, whereby a number of comments (both for and against the project) were conveyed by neighboring residents, school staff and supporters. Upon conclusion of the hearing, the commission adopted Planning Commission Resolution No. 2015-04, which provides a favorable and unanimous recommendation of the proposed Planned Unit Development (PUD) Amendment. This resolution is attached for review. Excerpts from the June 11th Planning Commission meeting minutes regarding this matter are also attached. Budget Issues: There are no budget issues to consider. Strategic Priorities: Targeted Redevelopment Mission: Ensuring an attractive, clean, safe, inclusive co,ninuniij' that enhancesces the (JIi(llitj' of life for al/people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. 2015- RESOLUTION REGARDING THE DISPOSITION OF PLANNING APPLICATION NO. 2015-004 SUBMITTED BY CS PROPERTY NMA, LLC (NEW MILLENNIUM ACADEMY) FOR APPROVAL OF A NEW PLANNED UNIT DEVELOPMENT WITH NEW ZONING CLASSIFICATION OF PUD- MIXED R-2/R-3 (PLANNED UNIT DEVELOPMENT - TWO FAMILY RESIDENCE AND MULTIPLE FAMILY RESIDENCE) & DEVELOPMENT SITE PLAN OF A NEW K-8 PUBLIC CHARTER SCHOOL FACILITY (PROPERTY LOCATED AT 5120 LILAC DRIVE NORTH) WHEREAS, Planning Application No. 2015-004 submitted by CS Property NMA, LLC (New Millennium Academy) proposes a new Planned Unit Development with new Zoning Classification of PUD-Mixed R-2/R-3 (Planned Unit Development - Two Family Residence and Multiple Family Residence) and a Development Site Plan of a new K-8 Public Charter School Facility, located at 5120 Lilac Drive North; and WHEREAS, the proposal comprehends the rezoning of the Subject Site to facilitate the planned and future redevelopment of the site with a proposed three-story, 82,000 sq. ft. public charter school facility with outdoor surface parking areas, and playground; and WHEREAS, the subject property is identified and guided in the 2030 Comprehensive Plan as THIMF/OS/RB/PS (Townhome-Med. Density/Multi-Family High Density/Office-Service Business/Retail Business/Public & Semi-Public, and the proposed PUD- MIXED R2/R3 Zoning comprehended under this application would be consistent with this underlying land use category; and WHEREAS, on June 11, 2015, the Planning Commission held a duly called public hearing, whereby a planning report was presented and public testimony regarding this proposed planned unit development were received and noted for the official record, and the request was duly considered in light of all testimony received; and WHEREAS, the Planning Commission considered the rezoning comprehended under this planned unit development request in light of all testimony received, the guidelines for evaluating rezoning contained in Section 35-208 of the City's Zoning Ordinance, along with the provisions and standards of the R2 (Two Family Residence) and R3 (Multiple Family Residence) districts, as contained in Section 35-311 and Section 35-312, respectively, along with the provisions and standards of the Planned Unit Development district contained in Section 35-355 of the City's Zoning Ordinance; and WHEREAS, on June 11, 2015, the Planning Commission reviewed and considered the proposed new PUD Development Plans, which included the new site and building plans of the new 82,000 sq. ft. K-8 public charter school, elevation plans, and civil plans completed by DSGW RESOLUTION NO. 2015- Architects and their consultants, and found the plans to be in order and approved for the Subject Site. WHEREAS, the Planning Advisory Commission of the City of Brooklyn Center recommends to the City Council that the rezoning element comprehended under the proposed Planned Unit Development submitted under Application No. 2015-004 by CS Property NMA, LLC (New Millennium Academy), may be approved based upon the following findings: A.The proposed rezoning appears to demonstrate a clear and public need or benefit to the community and regional area, as it will improve the appearance of the city and enhance the quality of life, property values and civic pride in this neighborhood area; and provide an excellent educational opportunity for the children of our growing and diversified population groups. B.The rezoning and its related development proposal will not be a detriment to the neighborhood, and should provide a positive effect on the community; C.The rezoning will facilitate the redevelopment plan of this site, which will be compatible with the goals and policies of the City's Comprehensive Plan and underlying land use plan. D.The proposed zoning is consistent and compatible with the surrounding land use classifications; E.The proposed rezoning will provide an opportunity to provide an ideal redevelopment of a targeted area for the community's education needs, eliminates an obsolescent or deteriorating nursery garden center; and will stimulate new investment in the neighborhood and community. F.The Development/Site and Building Plan is compatible with the standards, purposes and intent of the City's Zoning Ordinance; G.The Development/Site and Building Plan, in relation to the Planned Unit Development proposed on the Subject Site, will facilitate the redevelopment and improvement of this site, will allow for the utilization of the land in question in a manner which is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding land; H.The improvements and utilization of the property as proposed under the planned redevelopment of this site is considered a reasonable use of the property and will conform with ordinance standards; RESOLUTION NO. 2015- I.The Development/Site and Building Plan proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city; and J.The Development/Site and Building Plan proposal appears to be a good long range use of the existing land and this proposed development can be considered an asset to the community. AND WHEREAS, upon due and proper consideration of this matter, and in light of all testimony received, utilizing the guidelines for evaluating rezoning contained in Section 35-208 of the City's Zoning Ordinance and the provisions of the Planned Unit Development ordinance contained in Section 35-355 of the City's Zoning Ordinance and the City's Comprehensive Plan, the Planning Advisory Commission did formulate a favorable and unanimous recommendation of approval be forwarded to the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Brooklyn Center, Planning Application No. 2015-004 submitted by CS Property NMA, LLC (New Millennium Academy) proposes a new Planned Unit Development with new Zoning Classification of PUD-Mixed R-2/R-3 (Planned Unit Development - Two Family Residence and Multiple Family Residence) and a Development Site Plan of a new K-8 Public Charter School Facility, located at 5120 Lilac Drive North; is hereby approved based on the following conditions: 1.All conditions noted in the City Engineer's Review Memorandum (dated 06/03/15) and all other subsequent or updated conditions required by the City Engineer are submitted and/or fulfilled, including approval by the City Engineer and Hennepin County officials of a final traffic study and traffic management plan. 2.The Developer (CS Property NMA, LLC / New Millennium Academy) agrees to dedicate to the city (with no compensation) the added right-of- way necessary to complete the Lilac Drive roadway extension along the westerly project boundary line, which will be made part of the overall Brooklyn Boulevard roadway improvements in this area. 3.Developer shall plant additional coniferous (evergreen) trees in a staggered row along the south edge of the easterly parking lot to effectively screen the adjacent single family home to the south. 4.Developer shall provide a clearly marked and striped pedestrian walkway across the main drive aisle, from the north parking lot to the front door entry. 5. The building plans are subject to review and approval by the Building RESOLUTION NO. 2015- Official with respect to applicable codes prior to the issuance of any building permits. 6.The buildings are to be equipped with an automatic fire extinguishing systems to meet NFPA standards and connected to a central monitoring device in accordance with Chapter 5 of the city ordinances. 7.The location or placement of any proposed or future fire hydrants and other fire related building code items shall be reviewed and approved by the Fire Chief. 8.Final grading, drainage, utility and erosion control plans and any other site engineering elated issues are subject to review and approval by the City Engineer prior to the issuance of permits. 9.The Developer shall submit a site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure the completion of all site improvements. 10.Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. 11.An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 12.Plan approval is exclusive of all final signs on this site, including any new freestanding, wall (building) signs and directional signs, which shall remain subject to Chapter 34 of the city ordinances, and subject to separate sign permit submittals and approval. 13.All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center current Standard Specifications and Details. 14.Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City's Engineering Department and applicant shall obtain an NPDES construction site erosion permit from the Minnesota Pollution Control Agency prior to disturbing the site. 15.The owner of the property shall enter into a utilities and facilities maintenance agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of permits. RESOLUTION NO. 2015- 16.Storm water drainage systems shall be approved by the Shingle Creek Watershed Management Commission prior to the issuance of any permits. 17.The Developer shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 18.The owner shall enter into a PUD Agreement and/or Declaration of Covenants and Restrictions Agreement with the City of Brooklyn Center to be prepared and approved by the City Attorney prior to the issuance of building permits. Said agreement shall be filed with the title to the property and shall acknowledge the specific standards and regulations provided by the underlying PUD-MIXED R2/R3 zoning district, as well as all other conditions of approval. This agreement shall further assure compliance with the development/site plans submitted with this application. 19.Any major changes or modifications made to this PUD Development/Site and Building Plan can only be made by an amendment to this PUD, which shall include an updated Development/Site Plan if necessary. 20. The Developer shall provide the Planning Commission an opportunity to approve the final architectural treatments, finishes and materials prior to building permit submittals; and satisfactorily address the screening issues between the neighboring residents and project site. June 22, 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. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 27th day of July, 2015, at 7:00 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land, generally located in the South Section of the City, generally situated between HWY 100 to the West, Brooklyn Boulevard to the East and Happy Hollow Park to the South, and locally identified as 5120 Lilac Drive North. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at (763) 569-3300 to make arrangements. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY CODE OF ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND GENERALLY LOCATED IN THE SOUTH SECTION OF THE CITY, GENERALLY SITUATED BETWEEN HWY 100 TO THE WEST, BROOKLYN BOULEVARD TO THE EAST AND HAPPY HOLLOW PARK TO THE SOUTH, AND LOCALLY IDENTIFIED AS 5120 LILAC DRIVE NORTH. THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 35-1120. MULTIPLE FAMILY RESIDENCE DISTRICT (R3). The following properties are hereby established as being within the (R3) Multiple Family Residence District zoning classification: I asn.yasanar.mnS2r.yeaas2aatttanaIIICIfl114Thh'UIIEII1111 LJI1IIJI 1ll$Iff11JOi MTUii1'I1um]Liliriiiiit 1IJTIIj_iILIrrLu1rhhI&__ ' ..2.- Section 35-1240. PLANNED UNIT DEVELOPMENT DISTRICT (PUD). The following properties are hereby established as being within a (PUD) Planned Unit 1 Development District zoning classification: 10. The following properties are designated as PUD-MIXED R2/R3 (Planned Unit Development-Mixed Two Family Residence and Multiple Family Residence) District: That part of Section 10 described as follows: Commencing at the northwest corner of the northeast 1/4 of the northeast 1/4; thence south 518 feet: thence east to the southwesterly line of Highway No. 152: thence southeasterly 600 feet along said southwesterly line to the actual point of beginning: thence west 200 feet: thence northwesterly 150 feet parallel with said highway line; thence west to the southeasterly line of State Highway No. 100: thence southwesterly to the south line of the northeast 1/4 of the northeast 1/4: thence east to the southwesterly line of Highway No. 152; thence northwesterly to the point of beginning; except highway. Section 2. This ordinance shall become effective after adoption and upon thirty days following its legal publication. Adopted this day of , 2015. Mayor ATTEST: City Clerk Date of Publication Effective Date (Note: Strikcout text indicates matter to be deleted, while underline indicates new matter.) 7b) APPLICATION NO. 2015-004 CS PROPERTY NMA, LLC (NEW MILLENNIUM ACADEMY) - PLANNED UNIT DEVELOPMENT WITH NEW ZONING CLASSIFICATION OF PUD-MIXED R-2/R-3 (PLANNED UNIT DEVELOPMENT - TWO FAMILY RESIDENCE WITH MULTIPLE FAMILY RESIDENCE) AND DEVELOPMENT SITE PLAN OF A K-8 PUBLIC CHARTER SCHOOL FACILITY Chair Christensen introduced Application No. 2015-004, consideration of a Planned Unit Development with New Zoning Classification of PUD-Mixed R-2/R-3 (Planned Unit Development - Two Family Residence and Multiple Family Residence) and Development Site Plan of a K-8 Public Charter School Facility, located at 5120 Lilac Drive North. (See Planning Commission Reports dated 06-11-2015 for Application No. 2015-004.) Mr. Benetti stated CS Property NMA, LLC (NMA), acting on behalf of the property owners Lucht Properties, Inc., is requesting rezoning from R3, Multiple Family Residence, to new PUD- Mixed R-2/R-3, Planned Unit Development-Mixed of Two Family Residence and Multiple Family Residence District. Coupled with this zoning request is consideration of the Development/Site Plan for a new three-story, 81,903 square foot kindergarten through eighth (K-8) grade charter school facility. This PUD is planned for the redevelopment of the current Malmb org's Nursery site. It was noted that legal notice was published in the local Sun Post and notice letters were delivered to all neighboring properties within the Happy Hollow Neighborhood. In addition, as part of their outreach to the surrounding neighborhood, NMA conducted a public information/open house meeting on June 3, 2015, and have indicated this event was well attended. Mr. Benetti displayed several aerial maps of the subject site, pointing out the location of the existing buildings and parking as well as the Happy Hollow Neighborhood and Park. He explained the site is currently zoned R-3 and surrounding by R-1 uses on three sides with R-5 across the highway. Mr. Benetti presented the background of the subject site, explained the purpose of a PUD to create flexibility. He then reviewed the Development Plan/Site, Building Plan, Landscape Plan, Photometric Plan. Mr. Benetti displayed three-dimensional exterior views of the proposed building plan and floor plan diagrams for each floor. He advised of proposed building setbacks, primary access from Brooklyn Boulevard, Parking Plan, and that the school has agreed to dedicate additional right-of- way so the City can extend Lilac Drive in several years. Mr. Benetti also displayed an aerial map that identified the location of the Brooklyn Boulevard frontage road, which may be dedicated back to adjoining property owners. He noted the section of roadway that actually lies within private property owned by Malmborg' s Nursery. Mr. Benetti described the traffic control changes that will be made at the Highway 100 and Brooklyn Boulevard interchange in the next two to three years as well as the location and types of access to serve the proposed school. Mr. Benetti stated the applicant submitted a Parking and Trip Generation Analysis to determine the level of traffic into and out of this site during peak hours. He presented the analysis of traffic levels generated during a.m. and p.m. peak hours. With regard to parking spaces, it is assumed PC Minutes 06-11-15 -5- DRAFT that the current parking spaces at 105 will be adequate but he will defer to a final recommendation by the City Engineer on the parking requirement. Mr. Benetti described the plantings in the Landscaping and Screening Plan, noting it meets the City's threshold and will include and extend the screen at the southwest corner. The trash enclosure will also have a screen and landscaping. Mr. Benetti used an aerial site plan to point out where a row of staggered trees will be planted to provide additional screening for the residential home. Mr. B enetti presented staffs rezoning analysis and recommended adding language to a condition indicating: '...including approval by City Engineer and Hennepin County official of a final traffic study and traffic management plan.' He stated staff feels the Planning Commission can trust the expertise of the City and County Engineers to assure the site works from a traffic standpoint prior to any permits being approved. He explained the Traffic Analysis was just submitted today so staff recommends that additional condition be placed. It was noted the staff report indicates that staff believes the rezoning element of this PUD application can be given a favorable recommendation since the rezoning portion meets the criterion used to evaluate such change, and the proposed concept plan associated with this PUD would be an acceptable means of achieving what the applicants seek in the redevelopment of this site. The related Development/Site Plan of this PUD application also appears to be well thought out and well planned for this area, and staff finds the overall plan acceptable. It was also noted that Planning Staff recommends the Planning Commission provide a recommendation to the City Council to approve Planning Application No. 2015-004, for the zoning change of this site from R-3 Multiple Family Residence to the new PUD-Mixed R-3/R-3 Planned Unit Development - Two Family Residence and Multiple Family Residence, and the New Millennium Academy Development Site Plan of a new K-8 Public Charter School Facility, based on the findings noted in the Planning Staff report and memorialized in the Resolution, and subject to the conditions noted in the Planning Staff report and also similar in the Resolution. Chair Christensen asked if the applicant wished to step forward and make a statement or add anything to the staff presentation. J. Kou Vang, 2557 Maplewood Drive, St. Paul, Development Manager with CS Property New Millennium Academy, LLC, stated staff has done a good job of explaining the proposal. He stated his firm is just building the building and suggested the School Director be allowed to describe the school and the success they are having. Yee Yang, Executive Director of New Millennium Academy, stated this is a charter school that was founded in 2005 and has 10 years in operation. There are 495 students and 85 on staff. Students are 95% Asian, 1.4% American Indian, and 3.5% African Americans. Ms. Yang described the student profile and mission to build a better life for students by providing an environment of high academic achievement including Hmong culture and literacy. They believe students can learn if provided the right environment and support. Ms. Yang described the recognition that New Millennium Academy has received from the Department of Education, noting parent communication is also an important part of the school. She stated since opening, PC Minutes 06-11-15 -6- DRAFT they have been looking for a home for the school that will provide a playground, athletic field, and safe environment. Ms. Yang felt this was an ideal location. OPEN TO PUBLIC COMMENTS —APPLICATION NO. 2015-004 Chair Christensen recognized residents in the audience who wished to speak on this matter. There was a motion by Commissioner Freedman, seconded by Commissioner Schonning, to open the public hearing on Application No. 2015-004, at 7:52 p.m. The motion passed unanimously. Chair Christensen called for comments from the public. Judy Broeren, 5001 Zenith Avenue North, stated she was born and raised in Happy Hollow Neighborhood, knows the neighborhood, and asked why the City would not consider using the Kohl's property for a school. She stated her one concern with this application related to Lilac Drive. She lives at 50th and Zenith Avenue but if she lived on Lilac Drive, would be concerned about the location of the student drop-off. She felt Lilac Drive should be a dead end to prevent cut-through traffic to 50th or Beard to 49th Avenues. Ms. Broeren stated this neighborhood has many young families that use the park, which raises a safety concern. She asked where parents will park when picking up children and if vehicles will extend into the neighborhood. She also asked whether the garbage enclosure will be viewed from the park. Mr. Benetti stated the City Planners and Engineers and Fire Chief and Building Departments have all looked at the submittals and at this point, the Engineers have determined it will work but still needs to weigh in on the Traffic and Parking Studies. As part of the Brooklyn Boulevard project, Hennepin County will also have to sign off on the application. Ms. Broeren asked about the location of the Academy's soccer field and if it will extend into the park for use by the school. Chair Christensen stated several plans have been submitted and at this time, it is somewhat fluid with regard to that. He noted the park has changed and evolved in response to how the City has evolved. Ms. Broeren stated this is a tight-knit and wonderful neighborhood and her concern is traffic and especially down Lilac Drive. Mr. Benetti stated staff did note the potential of a soccer field. He used an aerial site plan to point out the potential location of a soccer field in the area to the south of the existing building. Mr. Benetti stated the Park Commission considered that concept and while not diametrically opposed to a new soccer field or having it partially extend in the park, it would remove the ball diamond, which raised concern. The City's CARS Director (Mr. Jim Glasoe) indicated due to demand for soccer in the community, it would not be objectionable to install a soccer field in the future. Mr. Benetti explained that at this point, the applicant has decided to focus on the school and not pursue the soccer field. Melanie Tapelt, 5042 Lilac Drive N., stated her concern relates to privacy as their yard has been a 'sanctuary' and they enjoy the calm park activity that occurs. She stated a school would result in more people and change in activity that will impact the neighborhood. In addition, the soccer PC Minutes 06-11-15 -7- DRAFT field will create light pollution and increase her discomfort. Ms. Tapelt stated she is unhappy with this proposal and while they understand the school needs a location, she thinks the Kohl's site would be a great location as it will not impact people and their homes. She stated if the project moves forward, they need a privacy fence that provides security and peace of mind. Ms. Tapelt stated it is proposed that the gymnasium and loading docks will be oriented towards her property and the smell of diesel (school buses and delivery trucks) makes her very nauseous. She stated she understands that things need to move forward, but this will take her a long time to get used to and cause her a lot of stress, as this was to be their retirement home. Ms. Benetti asked if she would want a higher fence or something more substantial. Ms. Tapelt answered in the affirmative to both and stated the existing fence belongs to Malmborg' s. She also felt there was the need for privacy for the park. Mr. Benetti asked if she would want an eight to ten foot tall fence. Ms. Tapelt answered in the affirmative. Kris Kuduk, 4938 Zenith Avenue N., stated the New Millennium Academy sounds like a wonderful thing and that they are on the right path in wanting to improve their school, its location, and expand. He stated Brooklyn Center has some neighborhood schools such as Earle Brown and Evergreen Elementary but this is not a neighborhood school, it is a Charter School with 95% of the students being bussed in, meaning a large percentage do not live in Brooklyn Center. This results in parents driving in at a higher percentage than experienced at Earle Brown School. Mr. Kuduk stated the site would have to be rezoned for a three-story building, which is higher than any building at Shingle Creek Crossing. He noted it will be difficult to block the view of this tall building with trees. Mr. Kuduk stated Brookdale Ford, Pet Boys, Circuit City, and Kohl's are all vacant sites so he thinks there are plenty of great places for the school besides this small residential neighborhood that would be impacted by a lot of traffic. He stated the plans look nice but a two-story home is the tallest in the neighborhood at this time and asked about building beautiful new homes instead. Maureen Dougherty, 5036 Lilac Drive N., stated she is also representing Stephen Maslowski who also lives at this property. She commented that Malmborg's has been an outstanding business and community member and has earned the trust of the neighborhood. She stated this is a comfortable neighborhood and when change comes, it is challenging so it raises questions. She stated she visited several elementary and middle schools in the past few weeks and does not think there will be only eight buses as the building has a larger footprint. She asked how long their properties will be blocked by traffic dropping off and picking up students. Ms. Dougherty stated this will be a not-for-profit entity and Columbus will have a leasing agreement so the school can be not for profit; however, their role and accountability is not known. She noted that as schools evolve, it is normal for issues to occur and asked who will take care of those things, the City, the State Board of Education, or would it be private matter between the not-for-profit organization and this Charter School. She stated she assumes there will be good accommodation for children with disabilities and restated their concern relates to access to their driveway. Ms. Yang, Executive Director of New Millennium Academy, explained they transport 100% of the students so there will be no problem with many parents dropping off students in the morning. Also, New Millennium is a culture school with focus on teaching discipline. Since the Academy opened, they have had no fights in the school. Ms. Yang stated their students are well-behaved PC Minutes 06-11-15 -8- DRAFT and parents will be willing to work with the community to address any concerns or issues that might arise. Melisa Kuduk, 4938 Zenith Avenue N., stated she appreciates those concerns being addressed but does not think it is realistic to assume a growing school will move to this area, improve on their current facility to a larger space, and know that 100% of the students will be bussed. She stated they have lived in this neighborhood since 1991, open enrolled their children in Brooklyn Center public schools, and drove them to school every day. Also, considering the school is growing in size, she asked how they can possibly assume there might not be issues in the future or how they will deal with those issues until it actually occurs. Ms. Kuduk stated Earle Brown Elementary School increased in size and did not have parking to accommodate special events where parents attended. She questioned whether the proposed parking will be adequate as there will probably be a lot of parent involvement and asked where they will park since there is no overflow. She asked if it will be at the church or along Lilac Drive. Ms. Kuduk stated it may be a solution to dead end Lilac Drive at some point or treat it more like a community development where it's labeled as private property. Ms. Kuduk stated the neighborhood children feel this is their park and this neighborhood is a community. Melanie Tapelt, 5042 Lilac Drive N., stated a section of the road has never been maintained and she feels strongly if this is approved, Lilac Drive should become a dead end to stop school traffic so it does not disturb their neighborhood. Amy Erickson, 19116 Clear View Drive, Minnetonka, Director of Teaching and Learning, stated some questions have been raised about charter schools, students and accommodations. She explained that charter schools are public schools so the same laws, rules, and requirements are followed. Information is available on Minnesota Department of Education's website as it is public information. In addition, charter schools have to follow all State laws and financial rules. Their financing is per pupil and a charter school has a neighborhood capacity for students to attend but it does not have property boundaries so that is why 100% of their students are bussed in. With regard to the park, there is no planned programming that would occur within the City's park. That is why the large sized green space has been left, noting the location of the playground at the end of the building, which is far from the neighborhood and park. The school's green space will accommodate phy-ed class and class activities. Ms. Erickson stated they are currently located in a retail area and do not have a playground so the students play on a tar-surfaced area. She stated they have heard assurances this school of children and staff have a strong sense of community and are looking for a community to share it with. Ms. Erickson stated they would like to be considered and offered to address questions related to charter schools. Mai Xiong, 6400 Humboldt Avenue N., stated she is the parent of four children and has lived in Brooklyn Center since 2004. Currently, three of her children attend the New Millennium Charter School in north Minneapolis and her oldest son is in High School. Before, all of her children attended the Earle Brown Elementary School. She described her involvement as a parent and decision to look for an option other than a public school because they were moving children and it had become too large to meet the needs of her children for learning. They found the New Millennium Charter School in north Minneapolis so they transferred their children. She reviewed the positive things they and their children have found at New Millennium Charter PC Minutes 06-11-15-9- DRAFT School. Ms. Xiong stated the New Millennium Charter School currently does not have a play ground so she supports it moving to a new location. She stated the school is growing, needs a large playground, and cutting edge technology. She felt the proposed location was a benefit as this is a diverse community and asked for the Planning Commission's support. Xia Vang, 4643 Lyndale Avenue N., stated she is an 8th grade student of New Millennium Charter School, which has become like a second home to her as teachers are like moms and dads, her second parents. She stated her friends are like siblings because they get to know each other at this School like a family where no one is left out. Ms. Vang stated she was proud to hear her school was considering a new location as it does not have a place to play tag or run and have fun. She stated her siblings love to run and play tag but during gym class, the current location is too small. She stated if they are able to have a new building, her siblings and friends will get a chance to go outside and enjoy the sun and run. She stated she hopes the community will welcome them as a family. Matt Greseth, 4953 Zenith Avenue N., stated he knows this is a good school and supports their proposal but they do not have control over how people drive. He expressed concern with speeding and increased traffic levels, noting Malmborg's trucks zoom by now but this will add school buses and delivery trucks. He stated signs may help but a dead end would be even better. Mr. Greseth stated when there are special events, parents will have to park on residential streets, including his neighborhood, and walk across the park. He repeated he does support the school but there are a lot of questions and his concern is what the school cannot control. Troy Lucht, 5101 Brooklyn Boulevard, owner of Malmborg's, stated they have thousands of cars that come to them and few have figured out they can use 50th and 49th Avenues. He stated they have three trucks per day at the maximum and the school buses can be told to access the site from the stop light. Mr. Lucht stated they share parking with the Brookdale Covenant Church and the church is open to work with the school to allow parking to flex into their parking lot during special events. He stated the church lacks a gym so they would like to partner with the school for that need and to flex into the school parking lot when they have a wedding or other large event. Mr. ?? Kong introduced himself and acted as an interpreter for Vie Gee Yang of 3505 5th Street Minneapolis, stating he is a parent with children at New Millennium Academy, this new building is a dream with more space, it will allow their children to have proper recess, he hopes the Planning Commission will welcome them into the neighborhood, wished them luck, and thanked the Planning Commission for their time. Sai Yee (Shawn) Vue, 4950 Abbott Avenue, stated he attended Brooklyn Center High School and is all for this school as education is important for every kid. Mr. Vue stated he has been involved with soccer and his concern is that the school will use this as a 'stepping stone' to get in and then build the soccer field. His concern is traffic at night that is traveling at top speed with loud music. He stated he has already had to confront a Malmborg's truck driver who was driving too fast. Mr. Vue stated he is not saying there will be problems with the students or parents but there could be problems with some of their friends and he wants to know what the school and City will do to accommodate him and his neighbors as currently they do not need to be PC Minutes 06-11-15 -10- DRAFT concerned relating to safety of their property or possessions. Mr. Vue stated he does not think the neighborhood supports this school or that this site can hold a school and a soccer field. If approved and a soccer field is constructed, he stated he and his family will have to leave. Mai Xiong, 6400 Humboldt Avenue N., stated traffic has been the largest concern. She stated she and her husband are involved with the parent advisory group and but only about 25 parents attend the meetings and because the students are bussed, there will not be a lot of parents dropping off students. Melanie Tapelt, 5042 Lilac Drive N., stated their journey is our journey, and they have lived there many years so their journey will have to take a turn. She stated this is a small neighborhood and park and asked the Planning Commission to consider another location. She stated she knows children are full of energy and asked where they will 'run' as the park is not large enough to contain them. Karen Lucht, 5105 Brooklyn Boulevard, stated her children grew up in that park and they love it. She stated she is a teacher in a public school and if a school is allowed to let their children run, there would be strict State penalties. She stated the school is a wonderful thing and when she thinks about the application and noise (laughter) from the school, those are wonderful sounds. Ms. Lucht stated the school will have windows and air conditioning, so the noise to the neighborhood will not be anything different than the families have known in the past when the park was full of children, in the days of the 1960s-1980s. Ms. Lucht stated she hopes the community will embrace a new group of students, teachers, and faculty that are doing a wonderful thing and can bring a wonderful thing to Brooklyn Center so it can be known for another wonderful school within its boundaries. Mr. Vang stated they have been working with staff on this process for the past six months, developed countless site plans to address concerns that have been raised including traffic and a noise barrier on the southwest corner, which is why the building has been oriented as proposed in the northwest corner and the playground in the northeast corner to create a barrier. He stated they fully understand that it is a public park and the surrounding neighbors have taken affinity with the park, which they understand. He stated they do not intend to infringe on that public amenity so they have dropped the soccer field. They currently bus 100% of their students and anticipate that trend will continue, as they will serve the same demographics. Mr. Yang stated their demographics show 40% of students come from Brooklyn Center so it is a community school. 60% of students come from suburbs north of Minneapolis. He presented the increasing demographics of Hmong living in Brooklyn Center and surrounding communities that showed a large increase in the Hmong population. He stated these are students who have been born and raised in the United States who cherish their Hmong heritage. He pointed out that Brooklyn Center is one of the most diverse communities in the country and it will be a benefit to have this type of Charter School. Mr. Yang stated they can't control traffic but they can control the contract bus traffic and will direct those traffic routes. They will also educate their families and parents on the route to drive to the school. He stated at the current site then can load and unload 500 students in 15 minutes PC Minutes 06-11-15 -11- DRAFT and at this site, they can stage 12 buses. He stated City staff has made it clear they need to meet the needs of this neighborhood. With regard to parking, Mr. Vang stated they have 135 spaces that will accommodate 95% of the school's events, noting that no school, business, or entity builds parking for maximum peak but they can flex into the church parking lot through a partnership. He stated he would like the Planning Commission to consider their application, the time and energy they have used to create this plan to address many of the neighborhood concerns and staff suggestions. MOTION TO CLOSE PUBLIC COMMENTS (HEARING) There was a motion by Commissioner Morgan, seconded by Commissioner Schonning, to close the public hearing on Application No. 2015-004. The motion passed unanimously. Chair Christensen called for questions and comments from Commissioners. Chair Christensen stated the Planning Commission just received the Traffic Study and he thinks there will be several questions relating to it. Mr. Benetti stated staff expected to receive the report earlier than today so they were not able to completely review it but the City Engineer believes that in cooperation with Hennepin County and the applicant's consultant, they will determine a workable plan to help this development and the neighborhood. During the interim period, a safe route to and from the school is needed and the school can control the bus routes. Mr. Benetti stated when the Brooklyn Boulevard improvement is made, it will be the primary access in and out of this site. The church is also thrilled with this improvement and is willing to dedicate the excess right-of-way needed to accommodate it. He stated the school will be charged to educate parents in how to access the school site, noting it may not eliminate all use of Lilac Drive but he does not think the City Engineer would ever support making it a dead end. Mr. Benetti stated the City Engineer will provide a finding and recommendation once the Traffic Study is analyzed. Mr. Benetti stated enough Brooklyn Boulevard studies have been completed to identify it is an immediate need and the City Engineer has indicated there is funding to improve that interchange so by 2017, there should be activity on the south leg of Brooklyn Boulevard. Mr. Benetti explained that the Kohl's site and other vacant retail sites were not considered due to the zoning that does not allow elementary or secondary schools. Chair Christensen thanked all who attended the meeting tonight and stated they will try to get through the questions that were raised as well as their own questions. He stated he is also concerned with the parking and traffic piece and thinks there was a need to fix the entrance before this application is considered, which will alleviate a number of concerns. Chair Christensen noted the plan eliminates some parking for the church so a shared parking arrangement will be needed by the church. He stated he thinks the shared parking arrangements will be worked out between the church and school. PC Minutes 06-11-15 -12- DRAFT Commissioner Schonning stated with the traffic situation, the sooner the interchange is updated the better, as it is a horrible situation. He stated he has shopped at Malmborg's for years and understands the difficulty in accessing that site. Commissioner Schonning stated he knows that is a secondary issue but believes it will resolve traffic concerns with the school. On the building image, he is a little concerned with the proposed height, noting that taller buildings do dominate as he witnessed with the LA Fitness site. He noted the exterior materials appear to be concrete and he would prefer use of materials that are more similar to Shingle Creek Crossing with less of an industrial appearance. Commissioner Schonning stated he understands the concern of the neighborhood about change and supports requiring good screening, and setting criteria for timing of garbage pickup so it does not occur at 5:15 a.m. as it does at Earle Brown Elementary. He stated this proposal is 'shoe horned' into a tight space so he supports addressing the neighborhood's concern. He stated the location of the park creates is beautiful chance for it to be used in a better and expanded way while students are in school. Commissioner Schonning stated those are his concerns and he thinks the parking will work itself out between the two parties. Commissioner Freedman stated he noticed while at Como Zoo that there was a lot of traffic but no parking in the neighborhood because it is permit parking only. He stated if parking in this neighborhood becomes an issue, permit parking may be an option to alleviate that type of issue. Chair Christensen stated at one point, he was in the audience arguing about a three-story building going into a residential neighborhood so he understands that concern. He stated that is what led him to serve on the Planning Commission and he wants to assure the neighborhood that the Planning Commission wants to work with staff and the applicant to address those concerns. He asked where the parking for Happy Hollow Park is located. Mr. Benetti used an aerial map to point out the location of the small eight-stall parking lot on the southwest corner. Chair Christensen stated he remembers the discussion about community gardens and questions raised about limited parking in that area. He asked whether the 36 parking stalls proposed for the east side of the school could be used by park users. Mr. Benetti stated the school can police their own parking lot but if off hours, the school may not be concerned about vehicles parking on their property to use the park. He noted comments were made that many walk to Happy Hollow Park as it serves that neighborhood. Chair Christensen stated as a youth soccer coach, he would want to assure there is adequate parking should a soccer field be constructed at this park. Mr. Benetti stated the Park Commission and staff would address parking and if found to be not adequate, make that recommendation to the City Council. He noted that if constructed by the school, the City could have an agreement with the school that the school maintain the field and allow public use of the field and school parking lot after school hours. Chair Christensen thought it would be an opportunity to lower traffic by moving the parking from there to the school site if a shared agreement can be reached. Mr. Benetti stated staff has considered that option. Chair Christensen stated he knows there are dead end streets in the City but that option would have to be determined by City and County Engineers. With regard to zoning, he asked if the request is for concurrent approval of rezoning and PUD. Mr. Benetti explained the zoning needs to be consistent with the Development Plan and under R-3, a school cannot go in because it is PC Minutes 06-11-15 -13- DRAFT not identified as a permitted or special use. Under R-3, a school can be considered by special use. Mr. Benetti stated the PUD will act as the special use permit because the development is tied to the Zoning District. He stated if the PUD is approved, the PUD will indicate all they can do and any building expansion, shift in parking, or soccer field cannot be done without approval of a PUD amendment. The PUD is the mechanism is to assure the building is constructed as approved and limits the use to what is approved. Chair Christensen asked if a PUD amendment, such as a soccer field, would trigger another public hearing. Mr. Benetti answered in the affirmative and stated the Park Commission would be the venue to make comments at that time since it would involve a park activity. Commissioner Sweeney asked if there are height limitations in the R-2, R-3 zoning. Mr. Benetti stated there are not but under the R-3 District, the City allowed a limited number of office uses by Special Use Permit (i.e., Boulevard Plaza Offices). A typical office building in a C-1 District is limited to three stories in height so staff felt the proposed building at three stories should be acceptable. He stated Brookdale Covenant Church does have some height and mass and the two and one-half story house also has some height. Mr. Benetti explained if a two-story the building, the school's footprint would have expanded. He stated in talking with contractors, they will say it is negligible when going from a two story to a three story as they have to include an elevator anyway. In this case, a three-story design worked better to accommodate the site, orientation of parking, and the playground. Mr. Benetti stated staff is confident that once the Brooklyn Boulevard interchange is improved, it will be the main point of access to this site. Chair Christensen stated from the drawings, it looks like it is one story in the section closest to the house on the southwest side. Mr. Benetti stated that is the location of the 26-foot gymnasium, or about two stories. He noted the setbacks remain the same. Mr. Vang used an exterior slide of the proposed school to describe building heights, noting only the north portion (classrooms) is three stories in height. Chair Christensen stated he hopes that provides for a nicer transition between heights. Chair Christensen stated several raised concerns with traffic and if a recommendation is formulated, it should address how traffic will be handled. He also supported considering shared parking between the school and Happy Hollow Park and the church. Chair Christensen supported the parking arrangements to be contained in a formal agreement. With regard to screening, he supported enhanced screening on the southeastern border to create a transitional appearance that retains the resident's oasis. Chair Christensen stated he noticed that both 500 students and 750 students are mentioned in the Parking Study and asked if that addresses future growth. Mr. Vang explained the current enrollment is 500 and anticipated full enrolment at the new location is 750. Brooklyn Center does not have specific parking guidelines so from a planning perspective they looked at parking requirements of other municipalities and considered 1 parking space per FTE. This school would have 85-97 FTE so to be more conservative, they plan to provide 135 parking stalls. PC Minutes 06-11-15 -14- DRAFT Chair Christensen asked about the exterior materials. Commissioner Schonning stated a unified standard for exteriors has been discussed and it was determined the City does not want concrete block structures. Mr. Vang stated the exterior is designed for precast panels, the most economical and fastest method of construction with the bottom ten feet being brick veneer and the upper portion above 10 feet a precast finish that has color or maybe an aggregate. The introduction of windows and mullions brings it back to a more residential feel and the steel roof and glass glazing brings less of an industrial feel. He stated precast has evolved tremendously in the past few years with enhanced textures, integral vibrant colors, and veneer finishes. Chair Christensen stated the Brooklyn Boulevard corridor has created a different 'look.' Director of Business & Development Gary Eitel explained the City has a vision for the Brooklyn Boulevard corridor with architectural standards for the Shingle Creek Crossing project. He described those standards and stated the City chooses to promote a positive image for Brooklyn Boulevard, which feeds its neighborhoods. He stated the City has addressed this area and the interchange has been funded, so it will happen but the question is interim steps to protect people going into the site and the neighborhood until the interchange is improved. Chair Christensen stated he does not want to lose sight of helping them to select the look as this is a cornerstone and visible from Highway 100 and Brooklyn Boulevard and the new bridge. He stated the City Council is the final determiner but this is another recommendation he would support. Mr. Eitel stated the Planning Commission may want the applicant to return for final architectural review. He assured the Planning Commission that a lot can be done with precast panels, such as seen with the Upsher buildings in Plymouth that were constructed by Ryan Companies. Commissioner Schonning stated one of his regrets with the Hyde building on Highway 100 is that they did not roll the raked pattern onto the Highway 100 side. He noted this building will also be exposed to Highway 100. Mr. Eitel agreed and stated it is noticeable and they talked about wrapping windows as it is a premiere location on Highway 100 that carries 84,000 vehicles per day. Chair Christensen asked whether a motion can be considered that addresses these few concerns and suggestions, and requirements of timeliness of this application process. Mr. Benetti stated staff has made a recommendation to approve with conditions and that the City Engineer will determine if the traffic will work. He assured the Planning Commission that if approved, the project will not move forward until the City and County Engineers are supportive. He stated if the Planning Commission is confident in staffs ability to work with the applicant, satisfy the neighbors, and add architectural elements for subsequent review, a recommendation can be considered tonight. Mr. Benetti explained the PUD is all encompassing so it takes longer than a typical site plan review. If moved to the City Council, they will consider the rezoning ordinance element on June 22, 2015, and set another public hearing will be scheduled so there will be a three-week delay before the second reading and final review of the PUD. During that time, staff can get a finding and recommendation from the City and County Engineers so if the Planning Commission is comfortable with that, it has the prevue to make a recommendation. He stated if tabled, it will still give the applicant enough time to meet their schedule for a fall start. PC Minutes 06-11-15 -15- DRAFT Chair Christensen asked if tabled, could the Planning Commission see a more complete architectural rendition prior to Council review. Mr. Benetti stated that could be a condition before a building permit is issued. If the Planning Commission does not support the architectural rendition, revisions can be requested. Mr. Eitel stated the architectural review could be completed prior to City Council consideration. He stated the Planning Commission could make a recommendation with added conditions to address concerns raised and consider the architectural review on June 25, 2015. The Planning Commission supported that suggestion. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2015-04 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2015-004 SUBMITTED BY CS PROPERTY NMA, LLC (NEW MILLENNIUM ACADEMY) There was a motion by Commissioner Schonning, seconded by Commissioner Morgan, to approve Planning Commission Resolution No. 2015-04, as revised to address approval by the City Engineer and Hennepin County officials of a final traffic study and traffic management plan; the Developer shall provide the Planning Commission an opportunity to review and give final approval of all architectural (building) treatments, finishes and materials prior to building permit submittals; and satisfactorily address the screening issues between the neighboring residents and project site. Voting in favor: Chair Christensen, Commissioners Freedman, Koenig, MacMillan, Morgan, Schonning, and Sweeney. And the following voted against the same: None The motion passed unanimously. The City Council will consider the application at its June 22, 2015 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. Chair Christensen recognized Councilmember Ryan and again thanked the audience for attending and offering comment. City Councilmember Ryan thanked the Planning Commission and staff for their efforts and due diligence during this difficult hearing to address the resident's concerns with change in their neighborhood. PC Minutes 06-11-15 -16- DRAFT ,- (_Th f CT BI?OOKLF\ -CENTER Planning Commission Report Meeting Date: June 11 2015 - o Application Filed: 05/22/15 o Review Period (60-day) Deadline: 07/21/15 o Extension Declared: N/A Extended Review Period Deadline: N/A Application No. 2015-004 Applicant: CS Property NMA, LLC / Lucht Properties, Inc. Location: 5120 Lilac Drive North Request: Planned Unit Development with New Zoning Classification of PUD-Mixed R- 2/R-3 (Planned Unit Development - Two Family Residence and Multiple Family Residence) & Development Site Plan of a K-8 Public Charter School Facility INTRODUCTION CS Property NAM, LLC (hereafter referred to as NMA), acting on behalf of the property owners Lucht Properties, Inc. , are requesting rezoning from R3 (Multiple Family Residence) to new PUD-MIXED R2/R3 (Planned Unit Development-Mixed of Two Family Residence and Multiple Family Residence) District. Coupled with this zoning request is consideration of the Development/Site Plan of a new three-story, 81,903 sf1 kindergarten through eighth grade (K-8) charter school facility. This PUD is planned for the redevelopment of the current Malmborg's Nursery site (identified on the aerial map below). : L '.w' .. •b? L-• IJ J '/1 )/j4 //':i• I' '////# 4N.r J :. // I This report will provide background information, an analysis, and staff recommendations on this proposed rezoning and development/site plan request. This item is being presented under a public hearing, with proper notice published in the local newspaper, and mailed notices to all those properties located within the Happy Hollow Neighborhood. As part of their outreach to the surrounding Happy Hollow neighborhood, NMA conducted a public information/open house meeting last Wednesday night, June 3rd in the adjacent Brookdale Covenant Church. NMA reps indicated this event was well-attended, with brief comments noted on the attached meeting synopsis and attendance sheet. New Millennium Academy PUD PC 06/11/15 Page 1 of 18 \ç\\ t 1 COMPREHENSIVE PLAN AND ZONING STANDARDS Land Use Plan: TH[MF/OSIRBIPS (Townhome-Med. Density/Multi-Family High Density/Office-Service Business/Retail Business/Public & Semi-Public Current Zoning: R3 Multiple Family Residence (Townhouses/Garden Apartments & Condominiums) Surrounding Zoning: North: RI One Family Residence East: Ri One Family Residence South: RI One Family Residence (Happy Hollow Park) West: R5 Multiple Family Residence (HWY 100 corridor) Neighborhood: Happy Hollow Site Area: 4.77 acres Setback Standards: Building: Front Yard = 35-ft.; Side Yard = 10 ft.; Rear Yard = 25-ft. Parking: 15-ft. from any street right-of-way line Conformity to: Land Use Plan. YES Zoning Ord.: YES, subject to PUD approval. Subdivision Ord.: YES, although no platting is required in this case. Sign Ord.: N/A - unknown at this time. Variance Needed for Request: NO, but PUD Amendment does provide a mechanism to grant flexibility and allowances normally approved by a variance. 2030 LAND USE PLAN .JLLiLLLL MIXED [ /4- Note: Planned land uses for:1E F 1" /\Approved Land Use Changess 1) France Avenue Business New Millennium Academy PUD PC 06/11/15 Page 2 of 18 ZONING MAP 53RD AVE .1 LU -- i1I 5151 AVE r ci R5 R5 C) R5 51ST AVEi -. - HOLLOW- PARK ri LU \\ - -- - -_OTHAVE ZONING DISTRICTS - RI One Faniiy Rirrnc CIJRSR4 ORicelSernIct a Ilcitipic Faceup Rotidecice R2TUIS Fancily Ridence RU lilaitlpie Fancily RcniUenca'- - PUORI Planned Unit ---- Centiop cOUnt Family Res.ro 54 Clnielpie Family Rasldnnnn . - I P DIR3 Planned Unit--'- Ce- ap cIddrrit.FamUy RU liiaittpte Family Residence p---- PUOiCC Plar-acad UnitE12 RU Multiple Family Reside—I Denn(opncenUOttion-Semvice IZI RI Multiple Family Residence PUOttAPlonnedUnit CevnlnpmnnoOiflce-nencinefl Cl SemviceiOlflce r, PUO!C2 Piarenad UnitE CIA Uenlcelofflce CentlopeoentiCnerrmnnncc Li Ct Comnttmec pn PUDUI Piannnd Unit [ i-I IflUnOimiti Pack -Dcvciopemmonitmrdrrntmiai Panic PUS-tAXEd-2 Rent rai Industry tn Central Commerce Ottidy Carol01 PIOUS Open Upace 02 Public & Private Open Space BACKGROUND A Planned Unit Development proposal involves rezoning of land with a PUD designation followed by an alpha-numeric designation of the underlying zoning district; or in this case an R2 and R3 respectively. The PUD also provides for the "mixing" of different zoning district standards as needed, which is the case under this application. These underlying zoning districts provide the regulations governing uses and structures within the new PUD. The rules and regulations governing these districts would apply to the development proposal. One of the purposes of the PUD district is to give the City Council the needed flexibility in addressing development and redevelopment issues. Regulations governing uses and structures may be modified by conditions ultimately imposed by the City Council on the development plans. The Planning Commission should reference Zoning Code Section 35-355 that fully addresses Planned Unit Developments. The current Malmborg's Nursery site consists of 4.77 acres, which houses a large combined greenhouse structure, along with a small attached retail/office/operations building. The property also contains a well-kept two-story residence with a two-car detached garage. Subject to approval of this PUD and development plan, the entire greenhouse structures will be removed to make room for the new school; and NMA has indicated to city staff that they will make efforts to sell or give the home away for relocating to another site. New Millennium Academy PUD PC 06/11/15 Page 3 of 18 This new PUD will provide the ability for NMA to redevelop the site with the proposed 82,000 sf. K-8 school facility, which will serve approximately 550 of their current students, with a projected growth number of 700 to 750 students in the next few years. REZONING ANALYSIS The proposed mixed zoning offered under this PUD application is to provide the opportunity for NMA to request the allowance of a public elementary school use in the R2 Two-Family District, whereas the existing R3 Multiple-Family District does not allow public schools. By retaining the R3 Zoning district (and combining it with the R2 Two Family), the highest and best use of the property is not lost, even in the event the school decides to close down in the future or relocates from the area or city. The City is also ensuring the proposed use remains compliant with the 2030 Comprehensive Land Use Plan for this site and surrounding properties. The PUD process involves a rezoning of land and, therefore, is subject to the rezoning procedures outlined in Section 35-210 of the zoning ordinance as well as being consistent with the City's Rezoning Evaluation Policy and Review Guidelines contained in Section 35-208. The Policy and Review Guidelines are attached for the Commission's review. As with all rezoning requests, the Planning Commission must review the proposal based on the Rezoning Evaluation Policy and Review Guidelines contained in the zoning ordinance. The policy states that rezoning classifications must be consistent with the City's Comprehensive Plan and must not constitute "spot zoning", which is defined as a zoning decision which discriminates in favor of a particular land owner and does not relate to the Comprehensive Plan or accepted planning principals. Each rezoning proposal must be considered on its merits and measured against the City's policy and against the various guidelines, which have been established for rezoning review. The following is a review of the rezoning guidelines contained in the zoning ordinance as we believe they relate to the applicant's comments and their proposal: a. Is there a clear and public need or benefit? Malmborg's Nursery has been a fixture in the City for a number of years, and historically maintains a loyal customer base and following from within and outside the city. This nursery business has been in slow decline over the last few years (due to large retail box competition), and the owner decided to consolidate this business into their Rogers and Blame operations once this site is closed. The current site is listed on Hennepin County Assessor records with an overall (combined farm/residential/commercial) assessed value of approximately $584,000, which generates over $8,900 of annual property tax revenue. The new school property would be considered tax-exempt if allowed to develop this site. The loss of this tax revenue from Malmborg's seems minimal, and should be easily absorbed by the city, or cause any financial hardship or impact existing city services. It is staff's opinion that this redevelopment proposal can be viewed as meeting a clear and public need or benefit, as it may be consistent with the redevelopment criteria established by the City, and is consistent with the City's Comprehensive Plan. The redevelopment and planned improvements on the site will remove an outdated and obsolete garden nursery center, and provide a new elementary school facility for segments of the city's population to New Millennium Academy PUD PC 06/11/15 Page 4 of 18 use and enjoy. This new zoning district will provide the opportunity for NMA to build this very important school for their children they serve, who live in Brooklyn Center and surrounding communities. In the city's 2030 Compressive Plan, under the heading "Geographically Dispersed Non-Housing Issues", it generally states: - "Neighborhoods are the building blocks of the community, and neighborhood schools and parks are the foundation of neighborhoods. The concept of combining school and park uses adjacent to each other is economically efficient from a public service perspective. It has been applied repeatedly and successfully in the City and in many cities." Staff believes this development proposal will not be a detriment to the neighborhood, and should provide a positive effect on the community. The school use proposed by NMA in their narrative and the development/site plans are consistent with what is acknowledged in the Comprehensive Plan. Overall, this redevelopment plan appears to be compatible with the goals and policies of the City's Comprehensive Plan and underlying land use plan. b.Is the proposed zoning consistent and compatible with the surrounding land use classifications? Staff believes the proposed zoning, which would accommodate the development of this site into a public school site, is consistent and compatible with the surrounding uses, such as the church, single-family homes and public park. The new PUD-Mixed zoning will provide an opportunity not only for the school, but for future development plans that may occur as necessary. The R2/R3 combination will ensure the site is left to provide for lesser multiple family residential land uses that would fit better in this area, and the school is nothing different than other schools typically found in the RI-One Family Residence districts throughout the city. c.Can all proposed uses in the proposed zoning district be contemplated for development of the subject property? Under the current R3 zone, the proposed school would not be allowed in this district; hence the reason for providing (adding) the R2 District elements to this proposed PUD-Mixed zoning category. The new R2/R3 Mixed provides a reasonable alternative to having the school application proceeds under the R2 district standards, but still retain the higher development potential of the R3 zoning district. The PUD-Mixed R2/R3 also ties in the site development plan of the school, which is the only development that can be approved under this application. Should the need arise, other types or forms of developments would need to amend or re-file under a brand new development plan, which would be subject to Planning Commission considerations and City Council approvals. d. Have there been substantial physical or zoning classification changes in this area since the subject property was zoned? From old city zoning files, it appears the subject site and surrounding neighborhood was New Millennium Academy PUD P006/11/15 Page 5 of 18 zoned RI Single Family residence in 1961. In 1968, the site was identified as R3 Multiple Family under Ordinance 68-10, which amended the entire (previous) 1957 Zoning Ordinance, where it has remained this same zoning since that time. It does not appear this site or the surrounding areas have seen any substantial physical land use or zoning changes in the last 47+ years. For the most part, the underlying land uses have kept pace with the respective zoning classifications. e.In the case of City initiated rezoning proposals, is there a broad public purpose evident? This evaluation criterion is not applicable in this case because it is not a City initiated rezoning proposal, but rather a developer initiated proposal. f.Will the subject property bear fully the ordinance development restrictions for the proposed zoning district? Staff believes this school proposal will bear fully the development restrictions for this Planned Unit Development without any deviations or modifications from the standard ordinance requirements. The new facility will have adequate setbacks in place, along with screening measures to protect the adjacent neighborhood residents. g. Is the subject property generally unsuited for uses permitted in the present zoning district with respect to size, configuration, topography or location? The exiting R-3 District was created in 1968 for Townhomes and Garden Apartments (later added Condominiums). The R3 District allows one residential unit per 5,400 sq. ft. of land area, or in this case up to 39 units. Density calculated as follows: 43,560 sf. (one acre) /5,400 sf. = 8.1 units per acre. 4.77 ac. x 8.1 units 38.47 units, or 39 possible units. The current R-3 zone does not specify or allow "garden centers" or similar uses inside this district, so when this site was re-zoned in 1968, it essentially created a legal, non-conforming use under this R3 District. It is unknown if the Malmborg family agreed to have their property rezoned knowing this may occur; or did agree to the rezoning to accommodate for future multi-family residential development when the time came to sell the land or redevelop into something other than the nursery site. A number of years later, the city allowed certain Cl Service/Office uses to be allowed in the R3 District by means of a special use permit, which still did not apply to "garden nursery centers" or "public schools". In any event, the business continued to operate under this non- conforming status, and now that the site is considered for redevelopment, the R3 would not allow the site to be developed as a public school without the new PUD-Mixed R2/R3 classification. The allowable density and number of units that could have been developed on this site may have had a considerable impact upon the surrounding single-family neighborhood, with higher levels or traffic generated and increased vehicle movements to and from the site. The proposed school project will also generate a considerable level of traffic, but only during New Millennium Academy PUD PC 06/11/15 Page 6 of 18 peak hours (morning and afternoon school hours), with little if any during summer months. The Developers have been very diligent and careful in laying out this building on this very tight and small site, but selected this site due to its proximity to their student population and availability. For all intents and purposes, it seems appropriate to move ahead with the planned unit development comprehended under this application, as it seems good fit for this area and community. h. Will the rezoning result in an expansion of a zoning district warranted by: I. Comprehensive Planning; 2. Lack of developable land in the proposed zoning district, or; 3. The best interest of the community? The proposed PUD-Mixed R2/R3 does not necessarily expand the district, but provides a reasonable mechanism for the school project to be considered by the city; and can be supported by certain comprehensive plan goals and objectives, noted as follows: GOALS 1)Protect and enhance the residential neighborhoods. 2)Continuously renew and redevelop to make better use of land in City Center and the Brooklyn Boulevard Corridor. 3)Improve the appearance of the city to enhance quality of life, property values and civic pride. 4)Improve the image of the City through branding and coordinated theme development in public areas. LAND USE AND REDEVELOPMENT OBJECTIVES 1) Gradually reduce and eliminate incompatible relationships among land uses (such as industry vs. housing). 3,) Continue the selective redevelopment of targeted areas, commercial, industrial and residential, to eliminate obsolescent or deteriorating land uses and stimulate new investment. 5,) Enhance and strengthen City Center's economic viability and status in the regional marketplace. o Promote the redevelopment of obsolete, underutilized or vacant sites into uses that address needs in the marketplace, and that provide a more pedestrian- friendly atmosphere. o Explore the use of shared parking as a means of potentially increasing density and diversity of uses. o Assist in the gradual evolution of the Brooklyn Boulevard corridor consistent with the 1996 plan so that it offers a positive, complementary but different environment from that of the City Center. New Millennium Academy PUD PC 06/11/15 Page 7 of 18 6) Use the zoning ordinance to provide for a more flexible mix of land uses and to encourage good design. COMMUNITY IMAGE OBJECTIVES 1) Improve the connections and linkages between neighborhoods, major corridors, parks and open space, and City Center, through streetscape enhancements, signage systems, and other public way improvements. Improve the Brooklyn Boulevard corridor through redevelopment and intensification of underutilized sites, traffic improvements, and appearance enhancements, as outlined in the Brooklyn Boulevard Redevelopment Study (1993) and the Brooklyn Boulevard Streetscape Amenities Study (1994). Staff believes that a new elementary school at this location and the new zoning classification to allow such development to proceed, is supported by the goals and objective found in our 2030 Comprehensive Plan, and as such, this may be considered in the best interests of the community to permit the introduction of a new school to community and a reasonable use and suitable redevelopment of this site as proposed. i. Does the proposal demonstrate merit beyond the interests of an owner or owners of an individual parcel? Staff believes that the new zoning has merit beyond just the particular interests of the owners and/or developer(s), as this is for the benefit and betterment of many local children's' education, and an ideal means of formalizing their continued growth and development in this community and metropolitan area. The benefit of the R2/R3 Mixed is to ensure that not only this developer is allowed to develop the land, but future generations may have the right to secure other forms of development should this project fail to take place or ceases in the future. The zoning would provide an opportunity for quality development that is consistent with the City's Comprehensive Plan and be considered in the general best interests of the community. DEVELOPMENT PLAN/SITE & BUILDING PLAN REVIEW The PUD plan that is tied in with this rezoning request provides for the construction of a three- story, 81,903 sf. facility with typical classrooms on each floor, music hall, cafeteria/kitchen, gymnasium, and administration offices. The site contains three separate parking areas, which was designed to provide separation between the parent drop-off and bus drop-off areas, and a smaller secondary lot for over-flow or visitor parking during school events and future soccer games. A small playground is planned for the area on the east wing of the school building. The plans identify four (4) new drive/access points into the site, with one access to the east from the Brooklyn Boulevard frontage road, and three separate access points on the west off Lilac Drive. The parking and accesses will be addressed later in this report. The building elevations and floor plans for the proposed building addition are attached to this New Millennium Academy PUD PC 06/11/15 Page 8 of 18 report. The first floor elevation plan calls for full use of the building footprint with 38,611 sf. of space; while the 2nd and 3rd floors will be a partial footprint of 21,646 sf. dedicated to each floor. The building's exterior will be comprised of tip-up concrete panels, with different colored bands to separate the materials. The entryways along the north and west sides of the building will have a covered canopy, with connecting sidewalks along the front sections of the building. The main west entry will open up into an A-framed roofline structure atrium, with windows allowing natural sunlight from the east, south and west elevations of the atrium. The remaining or majority of the school building will be a flat-topped roof line. It appears a small parapet wall extending past the flat roof line, which Staff hopes will provide effective screening for any roof-top mechanicals. The required building setbacks (indicted previously) are noted again: Front Yard 35-ft.; Side Yard = 10 ft.; Rear Yard = 25-ft. The plans for the school reveal 75-foot setback along Lilac Drive, a 180± feet from Brooklyn Boulevard frontage road, and 25.08 feet from the side yard setback from Happy Hollow Park boundary line. The plans do not indicate what the height of the new school building, but staff assumes a three story building to be approximately 36± feet in height. The R-2 and R-3 zones do not have any height limitations; but in other multiple family districts, the height limits range from 1 - 2 stories in the R-4 zone; 2.5 - 3 stories in the R-5 zone; 4 - 5 stories in the R-6 zone; and unlimited in the R-7 zones. The nearby church looks to be a 2.5 to 3 story high structure; and the Malmborg's residence is a 2.5 story residential structure; and the apartment buildings across Brooklyn Boulevard are all three story buildings. Although some may argue this 3-story structure as "too big" or out of character in this area, other existing developments appear to give slight higher height allowances for this school, and the three story school building should pose little if any impacts upon the surrounding single family neighborhood to the south. The Planning Commission should determine if this building height is acceptable on this site,; and if not, you must provide justifications or reasons to NMA to lessen or reduce the height of the building. ACCESS/PARKING The subject site's primary access is from Brooklyn Boulevard to the east, which is served by the local frontage road that runs parallel with Brooklyn Boulevard, and serves the Malmborg Nursery and Brookdale Covenant Church property to the north. This access road entrance currently lines up with or across from 51st Avenue North. From its entry point off Brooklyn Blvd., this frontage road turns north and essentially ends at the apex of the Brookdale Covenant Church property. The "road" or driveway does continue around the north and west sides of the church, and eventually ties back into Lilac Drive near the southwest corner of the Malmborg site. At that point, Lilac Drive right of way begins and it continues down and connects into 50th Avenue North. NMA plans to have one access drive off the east frontage road, which driveway will lead to two separate parking areas. The larger parking area located to the north of the site will have 81 spaces, while the smaller over-flow parking has 37 spaces. The drive coming off Brooklyn Blvd. travels to the west and connects to the Lilac Drive frontage road. The parent New Millennium Academy PUD PC 06/11/15 Page 9 of 18 drop-off and visitor parking area located near the main front entrance to the west is designed for one-way vehicle traffic, with angled parking and 14 + 2 handicap parking stalls. This parent drop off area was encouraged by city staff to ensure separation of parent traffic from the school bus drop off traffic, which is shown to take place on the main parking area to the north of the school site. All parking areas appear to have adequate sidewalk connections. Although not shown yet, Staff recommends that a wide pedestrian walkway from the north parking to the school building be painted across the driveway leading up to the school entry. The far southwest driveway opening off Lilac Drive also provides access to the delivery/loading area of the school, located on the south end (wing) of the school. There is a proposed retaining wall (height unknown) along the south driveway line, with a trash enclosure. 1 ick\4- ".. f \\ NEVIA ,_ _EIS ' I I42 -_RECONSTRUCT ION - I I RTHT [L-7 As part of the Brooklyn Boulevard Corridor Improvements project, slated for 2017 or thereafter, Hennepin County, in cooperation with the City, will be making some significant changes in the area adjacent to this new school site. As illustrated on the plan above, the current access across from 51st Avenue is eliminated, and moved farther north by approximately 100 feet. This access will no longer have free turning movements due to the new curbed-median, but will allow only right-in/right-out movements at this location. The clover-leaf ramp at Hwy. 100 and Brooklyn Blvd. is also being revised, by removing the northbound on-ramp from Brooklyn Blvd. and creating a full signalized intersection at he ramp and Brooklyn Blvd., with the road continuing across the road westerly and into the north side of Brookdale Covenant Church, whereby this roadway will likely connect down into the Lilac Drive right of way near the southwest corner of the Malmborg site. As part of this connection, the City and/or Hennepin County will be securing some additional right of New Millennium Academy PUD PC 06/11/15 Page 10 of 18 way from the school (and Brookdale Covenant Church, which may include some excess right-of-way land swapping, due to the no longer segment of the north/south Brooklyn Blvd. frontage road between both properties. \ °o ' TE M PORARY BITUMINOUS APRON )ox 1 -;; V,-LLE( GUflCURRENT ROW-/ PROPOSED RETAINING WAFUTURE / A7 As part of this future road improvement and Lilac Road connections, and since the Lilac Road right of way does not extend into the current Malmborg's site, NMA has identified the current and future right of way lines (see illustration above) as per the City Engineer's recommendations. NMA has agreed to grant to the city this future right of way area once the City/County begins work on the Brooklyn Boulevard roadway system, which will make access from the north much safer and easier for the school, church, buses, parents and visitors to this school site and surrounding sites. Parking areas are required to have a 15 foot setback from any street right-of-way line. The west parking (parent drop-off and short term visitor parking) is shown with an 18-19 foot setback from Lilac Drive frontage road (as seen in the blue dashed line - below). / K5 :/.//ç' \ iyr• o 2 / /A ;00 TDPOPA9Y RU N005APRON // V/)' o(J MASH EA/ ES1 )/// N N FJThNE RLRR (SEE ASC f /4 N cr New Millennium Academy PUID PC 06/11/15 Page 11 of 18 Once the city acquires the new (future) right of way for the Lilac Drive extension, it appears the new parking will only be approximate 5-feet from the right of way line. Even though this right-of-way is very narrow to begin with, there will be space available for a sidewalk along this section of Lilac Drive, and the Planning Commission should determine if this 5-foot reduced setback is acceptable. Similarly, the school is also planning to have a 5-foot setback from the Brooklyn Blvd. (frontage road) right of way as well (see diagram below). As part of this PUD process, flexibility of this type can be granted if the Planning Commission and City Council accept these reduced setbacks as part of the overall PUD site plans. c33 00 - \\\ \ ' -- \ 8 O 0lii180o_2400 l '. 0 From a Planning Staff perspective, the allowance of the reduced setbacks appears reasonable and not a concern at this time, as this area along Brooklyn Blvd. will likely be considered excess right —of way once the access points and frontage road is eliminated, and the reduced setback will no longer be an issue. The overall number of parking spaces is noted at 134 spaces. While City Code is silent on this number of required spaces for schools, NMA's consultants from SRF Engineering are working on a traffic demand and parking study, which unfortunately was not ready for this planning commission packet. Staff anticipate SRF will provide adequate and justifiable findings on the traffic impacts of this area (due to the new school project), especially bus routes and traffic, along with the appropriate number of parking needed for this school use. The leaders of New Millennium Academy agreed to provide strict guidelines and directions for all parents and visitors to the site in order to lessen any increased traffic impacts on Lilac Drive from the south. Additional traffic safety measures may be needed in the interim period (such as the intersection of 51 " Avenue and the frontage road access) until Brooklyn Boulevard is improved; however, Planning Staff is unable to address or require these needs until Hennepin County determines the best course of action or approves any other traffic safety measures as part of this or other development needs inside this corridor. Although not shown or identified on these plans, nor made an official part of this PUD New Millennium Academy PUD PC 06/11/15 Page 12 of 18 submittal, NMA and Brookdale Covenant Church officials have mutually agreed to share their parking areas between both properties for any special school or church event, or regular Sunday services as needed. • LANDSCAPING/SCREENING The applicant has submitted a landscape plan as part of this PUD. All new landscape plans must comply with the City's "Landscape Point System" policy, which is evaluated and determined by the LPS worksheet, This 4.77 acre site was based on the "Office" type development (per Planning Staff recommendation), which requires a total of 422 planting points. The current plan submitted by DSGW Architects indicates 22 required shade trees, but list only 18 to be planted, along with 30 coniferous trees, 14 decorative trees, and 100 new shrubs and over 100 new plantings. The total number calculated by staff equals 431 points provided, which meets the landscape point system. The plan also points out that a few existing trees will be remain or be saved as part of this project, which is always commendable in redeveloping existing sites. The landscape plan also identifies an existing 6-foot high privacy wood fence that will remain under this plan (see diagram and Street View photo below). El GRASS 6- ROCK F DUMPSTEU ) / "-.. I - 12&L11. F1 NEW WOOD FENCE' - - -/ TO MATCH EXJS11UG Al Plans call for the extension of the fence by another 120 feet along this fence line, to screen New Millennium Academy PUD PC 06/11/15 Page 13 of 18 off the delivery area of the school. The Planning Commission should determine if this 6-foot wood fence screen is adequate or high enough to screen this loading area. Staff is also recommending NMA consider adding conifer (evergreen) plantings along the south edge of the easterly overflow parking area (see diagram below) to help screen this parking lot and part of the school site from the adjacent single-family home to the south. I -.ftAYUOUND LtrftATtLU-(UJII ULLOU PLVO,flER - PEUCE FULIJE1E ALfl)L DUE IUIUSCAEUM(A USUILUIUU, FEUUEUUL EILCSASSCHLDULLO OUMULURCOYLL 1UUSIUL_EUUJILU -I If" U -. U The Planning Commission should make a determination as to the adequacy of the screening plan and provide recommendations on this plan at the public hearing. ° GRADING/DRAINAGE/UTILITIES The developer has provided preliminary grading, drainage, utility and erosion control plans which are being reviewed by the Director of Public Works/City Engineer. His written comments are attached for the Planning Commission's review. Sanitary sewer and water main are located within the Brooklyn Boulevard right of way and should adequately be able to serve this new school facility. Plans call for the installation of an infiltration basin and storm water pong area along the north side of the site's parking lot areas, which will be fed or connected to the interior storm drain inlets and pipes which should serve this area. The new infiltration basin #1 near the southeast corner of the site appears to take in the storm water treatment from the easterly parking lot areas, along with the roof drainage from the new school building. As part of any new plan submittals, these drainage plans will be thoroughly reviewed and need to be approved by the local watershed district, along with final approvals by the City Engineer. It appears from the engineer's review memo there are no concerns of this drainage plan at this time. New Millennium Academy PUD PC 06/11/15 Page 14 of 18 •: LIGHTING/TRASH The developer's lighting plan for this school site is noted with 30 new LED lights. Most of the parking lot light standards are shown as 25-feet in height, with single or dual luminaire heads. The outer walls of the building will have 19 new wall sconces or light packs that will provide lamination for access doors and security lighting. All new lighting needs to meet or exceed those requirements established under Section 35- 712 of the city ordinances. City ordinance require that all exterior lighting be provided with lenses, reflectors or down-cast shades so as to concentrate illumination on the property. Illumination is not permitted at an intensity level greater than 3 foot candles measured at property lines abutting residentially zoned property. Review of this photometric plan indicated all new lighting meets or exceeds this standard. RECOMMENDATION Staff believes the rezoning element of this PUD application can be given a favorable recommendation, since it is believed the rezoning portion meets the criterion used to evaluate such change, and the proposed concept plan associated with this PUD would be an acceptable means of achieving what the Applicants seek in the redevelopment of this site. The related development (site) plan of this PUD application also appears to be well thought out and well planned for this area, and Staff finds the overall plan acceptable. Staff recommends the Planning Commission consider approval of the zoning change of this site from R-3 Multiple family Residence to the new PUD-Mixed R-2/R-3 (Planned Unit Development - Two Family Residence and Multiple Family Residence), and the New Millennium Academy Development Site Plan of the new K-8 Public Charter School Facility, based on the following findings (also memorialized in the attached Planning Commission Resolution No. 2015-04): A.The proposed rezoning appears to demonstrate a clear and public need or benefit to the community and regional area, as it will improve the appearance of the city and enhance the quality of life, property values and civic pride in this neighborhood area; and provide an excellent educational opportunity for the children of our growing and diversified population groups. B.The rezoning and its related development proposal will not be a detriment to the neighborhood, and should provide a positive effect on the community; C.Neighborhoods are the building blocks of the community, and neighborhood schools and parks are the foundation of neighborhoods. The concept of combining school and park uses adjacent to each other is economically efficient from a public service perspective. D.The rezoning will facilitate the redevelopment plan of this site, which will be compatible with the goals and policies of the City's Comprehensive Plan and New Millennium Academy PUD PC 06/11/15 Page 15 of 18 underlying land use plan. E.The proposed zoning is consistent and compatible with the surrounding land use classifications; F.The proposed rezoning will provide an opportunity to provide an ideal redevelopment of a targeted area for the community's education needs, eliminates an obsolescent or deteriorating nursery garden center; and will stimulate new investment in the neighborhood and community. U. The Development/Site and Building Plan is compatible with the standards, purposes and intent of the City's Zoning Ordinance; H.The Development/Site and Building Plan, in relation to the Planned Unit Development proposed on the Subject Site, will facilitate the redevelopment and improvement of this site, will allow for the utilization of the land in question in a manner which is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding land; I.The improvements and utilization of the property as proposed under the planned redevelopment of this site is considered a reasonable use of the property and will conform with ordinance standards; J.The Development/Site and Building Plan proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city; and K.The Development/Site and Building Plan proposal appears to be a good long range use of the existing land and this proposed development can be considered an asset to the community. With these findings, Staff recommends the Planning Commission provide a recommendation to the City Council to authorize the change of zoning of the subject site from R-3 Multiple family Residence to, the new PUD-Mixed R-2/R-3 (Planned Unit Development - Two Family Residence and Multiple Family Residence) district, subject to the following conditions: All conditions noted in the City Engineer's Review Memorandum (dated 06/03/15) and all other subsequent or updated conditions required by the City Engineer are submitted and/or fulfilled. 2. The Developer (CS Property NMA, LLC / New Millennium Academy) agrees to dedicate to the city (with no compensation) the added right-of-way necessary to complete the Lilac Drive roadway extension along the westerly project boundary line, which will be made part of the overall Brooklyn Boulevard roadway improvements in this area. Developer shall plant additional coniferous (evergreen) trees in a staggered row New Millennium Academy PUD P006/11/15 Page 16 of 18 along the south edge of the easterly parking lot to effectively screen the adjacent single family home to the south. 4.Developer shall provide a clearly marked and striped pedestrian walkway across the main drive aisle, from the north parking lot to the front door entry. 5.The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of any building permits. 6.The buildings are to be equipped with an automatic fire extinguishing systems to meet NFPA standards and connected to a central monitoring device in accordance with Chapter 5 of the city ordinances. 7.The location or placement of any proposed or future fire hydrants and other fire related building code items shall be reviewed and approved by the Fire Chief. 8.Final grading, drainage, utility and erosion control plans and any other site engineering elated issues are subject to review and approval by the City Engineer prior to the issuance of permits. 9.Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. 10.An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 11.Plan approval is exclusive of all final signs on this site, including any new freestanding, wall (building) signs and directional signs, which shall remain subject to Chapter 34 of the city ordinances, and subject to separate sign permit submittals and approval. 12.All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center current Standard Specifications and Details. 13.Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City's Engineering Department and applicant shall obtain an NPDES construction site erosion permit from the Minnesota Pollution Control Agency prior to disturbing the site. 14.The Developer of the property shall enter into a utilities and facilities maintenance agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of permits. 15.Storm water drainage systems shall be approved by the Shingle Creek Watershed Management Commission prior to the issuance of any permits. New Millennium Academy PUD PC 06/11/15 Page 17 of 18 16.The Developer shall submit a site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure the completion of all site improvements. 17.The Developer shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 18. The Developer shall enter into a PUD Agreement and/or Declaration of Covenants and Restrictions Agreement with the City of Brooklyn Center to be prepared and approved by the City Attorney prior to the issuance of building permits. Said agreement shall be filed with the title to the property and shall acknowledge the specific standards and regulations provided by the underlying PUD-MIXED R2/R3 zoning district, as well as all other conditions of approval. This agreement shall further assure compliance with the development/site plans submitted with this application. New Millennium Academy PUD PC 06/11/15 Page 18 of 18 DATE: June 3, 2015 TO: Tim Benetti, Planning and Zoning Specialist FROM: Andrew Hogg, Assistant City Engineer SUBJECT: Site Plan Review —New Millennium School Public Works Department staff reviewed the following documents submitted for review on May 22, 2015, for the proposed New Millennium Charter School: Civil Site Plans dated May 22, 2015 Subject to final staff Site Plan approval, the referenced plans must be revised in accordance with the following comments/revisions and approved prior to issuance of Land Alteration permit: Title Sheet 1.No Comments. Cl - Site Plan 2.Label accessible ramps. 3. Narrow the throat at northwest entrance of site. C2 - Grading Plan. Drainage, and Erosion Control Plan 4. Provide and list a SWPPP inspector/manager with contact information that must be available within 4-hrs notification to respond to and implement S'WPPP related corrective measures. If the applicant is found to be non-responsive, the City may issue a stop work order and/or take other means necessary to correct SWPPP related issues. 5. Provide quantities of erosion control BMP's. C3 - Utility Plan 6. Coordinate site storm water outlet with MNDot including drainage calculations to match existing conditions. C4 - Detail and Specifications Plan 7.All work performed and materials used for construction of utilities must conform to the City of Brooklyn Center standard specifications and details. The City's standard details must be included in the plans. Al.! -Landscape Plan 8.Provide irrigation plan. New Millennium Charter School Page 2 of 3 Site Plan Review Memo, June 3, 2015 E1.O - Site Photometrics 9.No comments. Miscellaneous 10.See redlines for additional Site Plan comments. 11.Provide and include Demolition Plan. 12.Upon project completion, the applicant must submit an as-built survey of the property, improvements and utility service lines and structures; and provide certified record drawings of all project plan sheets depicting any associated private and/or public improvements, revisions and adjustments prior to issuance of the certificate of occupancy. The as-built survey must also verify that all property corners have been established and are in place at the completion of the project as determined and directed by the City Engineer. 13.Inspection for the private site improvements must be performed by the developer's design/project engineer. Upon' project completion, the design/project engineer must formally certify through a letter that the project was built in conformance with the approved plans and under the design/project engineer's immediate and direct supervision. The engineer must be certified in the state of Minnesota and must certify all required as- built drawings (which are separate from the as-built survey). 14.The total disturbed area exceeds one acre, an NPDES permit is required. In addition, the total disturbed area is less than 5 acres; applicant must submit plans to the City of Brooklyn Center for project review on behalf on the Shingle Creek Watershed Commission. 15.Provide traffic memo highlighting a traffic summary and bus routes, both temporary and long term. It should be understood that the primary access (ultimate) will be from Lilac Drive once the new intersection is constructed at Brooklyn Boulevard (south Hwy 100 ramp location). The temporary interim primary access will be the current access at 51st Avenue, which is expected to be removed in the future (shifted north and modified to a right in/right out only). 16.The City has submitted the plans to MNDot for review. Applicant must meet requirements from the MINID0t review. 17.The City has submitted the plans to Hennepin County for review. Applicant must meet requirements from the Hemepin County review. 18.Applicant must apply for a land disturbance permit. G:\Engineering\Development & Planning\ACTIVE Development Projects\New Millennium School 2015Wlan Reviews & Applications\Preliminary Plan Reviews\l 50603 —Plan Review Memodoc New Millennium Charter School Page 3 of 3 Site Plan Review Memo, June 3, 2015 19.A cross access and parking agreement is required. 20.Utility Facilities Easement Agreement required. 21.Developer shall dedicate and work with the City of Brooklyn Center to make ensure roadway easements for Lilac Dr. is sufficient. Prior to issuance of a Land Alteration 22.Final construction/demolition plans and specifications need to be received and approved by the City Engineer in form and format as determined by the City. The final plan must comply with the approved preliminary plan and/or as amended as required by the City Engineer. 23.A letter of credit or a cash escrow in the amount of 100% of the estimated cost as determined by City staff shall be deposited with the City. 24.During construction of the site improvements and until the permanent turf and plantings are established, the developer will be required to reimburse the City for the administration and engineering inspection efforts. Please submit a deposit of $2,500 that the City can draw upon on a monthly basis. 25.A Construction Management Plan and Agreement is required that addresses general construction activities and management provisions, traffic control provisions, emergency management provisions, storm water pollution prevention plan provisions, tree protection provisions, general public welfare and safety provisions, definition of responsibility provisions, temporary parking provisions, overall site condition provisions and non- compliance provisions. A separate $2,500 deposit will be required as part of the non-compliance provision. Anticivated Permitting: 26.A City of Brooklyn Center land disturbance permit is required. 27.Watershed plan review is required. 28.A MPCA NPDES permit is required. 29.Conditions specified by the City to meet the requirements of the Shingle Creek Watershed Commission must be met. 30.Other permits not listed may be required and is the responsibility of the developer to obtain and warranted. 31.Copies of all required permits must be provided to the City prior to issuance of applicable building and land disturbance permits. 32.A preconstruction conference must be scheduled and held with City staff and other entities designated by the City. G:'Engineering\Development & Planning\ACT1VE Development Projects\New Millennium School 2015\Plan Reviews & Applications\Preliminary Plan Reviews\l 50603 —Plan Review Memodoc New Millennium Charter School Page 4 of 3 Site Plan Review Memo, June 3, 2015 The aforementioned comments are provided based on the information submitted by the applicant at the time of this review. Other guarantees and site development conditions may be further prescribed throughout the project as warranted and determined by the City. G:\EngineeringDevelopment & Planning\ACTIVE Development Projects\New Millennium School 2015\Plan Reviews & ApplicationsPreliminaiy Plan Reviews\150603_Plan Review Memo.doc CS Property NMA, LLC I New Millennium Academy Neighborhood Meeting Name of Location: Brookdale Covenant Church Location: 5139 Brooklyn Blvd, Brooklyn Center, MN 55429 Date: Wednesday, June 3, 2015 Time: 7:00 pm - 8:00 pm Duration: 1 hour Presenter: Mr. J. Kou yang, Project Manager for CS Property NMA, LLC (Developer) Ms. Yee Yang, New Millennium Academy (Tenant) Ms. Amy Erickson, New Millennium Academy (Tenant) Recorder: Ms. Deu Xiong-Vang, JB Realty Company Attendees: Seethe attached sign-in sheet. Minutes of the Meeting: Mr. J. Kou yang, welcomed everyone to the neighborhood meeting and was very pleased at the large attendance despite the pouring rain outside. Mr. yang gave a brief summary of the purpose of the meeting and introduced Ms. Yee Yang, the Executive Director of New Millennium Academy (NMA). Ms. Yang presented the history of NMA and introduced her Director of Teaching and Learning, Ms. Amy Erickson. Ms. Erickson provided some information on what a charter school is, and the successes that the students at NMA are having and concluded that NMA is ranked as a Celebration Eligible school by the Minnesota Department of Education for proficiency, growth and closing the achievement gap of their students. Mr. yang presented the proposed site plans and talked about the traffic flow and circulation of the site. Along with the presentation, Mr. yang showed the neighbors a number of preliminary site drawing; Hwy 100 re-alignment, site plan, building elevations and floor plans. The new building will house students from Kindergarten to the 8 t grade. It will be approximately 80,000 square feet. In anticipation of NMA moving in July 2016, the purchase should close in the middle of August, 2015 and start construction in the fall of 2015. With these information, Mr. yang opened the floor for comments and questions. There was a good amount of conversation between the Developer, NMA and the Neighbors. Below is a summary of the concerns that was raised by the Neighbors: • The Neighbors are concern about how the new school will impact the amount of traffic within the neighborhood. How will it be dealt with? Will south bound Lilac be block off so that the traffic does not flow into the neighborhood? Will traffic increase? • The resident on the SW corner wants to make sure that there is a separation between the School's property and theirs. A fence would be a good idea. • The Neighbors are concerned that the staffs, parents and visitors will park on the streets and thus limit the amount of on-street parking for the residents. • How will NMA handle parking during events that would require additional parking outside of the 100+ stalls that are currently being proposed? • What is the likelihood that NMA will expand beyond K-8? • What will happen to the school building if NMA's enrollment deceased and they cannot support the obligations of the bonds? • How the School's finances are being managed, how is the school governed and the hierarchy of decision making? • Will the School affect the property value of surrounding properties? • Is the proposed school constructed to support additional stories in the future? • Why is the education wing three stories and not only two? • The neighbors have seen preliminary renderings showing a soccer field on Park land ... are we still proceeding with this as an option? • Neighbors commented on the proposed flow of traffic specifically with the re-alignment of the Brooklyn Boulevard and Hwy 100 inter-change. This was an overall comments and not specifically related to the proposed development. • What is the construction schedule? What happens if the new building is not completed on time? • What will the hours of construction activities be? They do not want it to go 24hrs per day. • How will construction traffic be managed during the construction period? How will we handle road restrictions? • How will the building be built and what kind of materials? • There were a number of general questions on; What is a Charter School? How is it funded? Are there any enrollment restrictions? Why would students attend a Charter School? • Why did NMA select Brooklyn Center? Will their students in North Minneapolis follow them? Will the demographics in Brooklyn Center support them? What is the racial make-up of their current student population? What is the difference between NMA and other Charter Schools? Where do the current student body come from ... geographically? Questions and comments ended at 7:50pm and Mr. yang thanked everyone for their time and the meeting was adjourned at 8:00 pm. 'I c -1 rN c Ai ; -Jcu-iI •-)-.-('()cv'-\ }))r\ •v 'I fl cJ Sc) *v t fl/b WN r'1S\S/S\s,t/)iv -'S f555 —)t c '-'- IN -sL (_S\c - will° St ea 7i QzZN 'N lZr JjT c X c 0 ; II Wc w WOLn CO 0 wLU - a) 0< LU 0 If) ( Q -i N m If)N m If) LO N- 00 0 0 H c'i cnrn kzt Ln (.0 N 00 a —p I --------J\-----•.-"O'()V\ O\U') t\f1 ' ly : c'n Qc 06 y- p2 -S lull LA c)( JI1 0) Wc WOLn LULU 0QJ 0< LU0 Zc4 Lfl LL C z Dc TQ) Wc WOLn, LU -'wm a) 0< Zri 0 r4 c'1 mN m r Lfl (D N. 00 O INITIAL ASSESSMENT OF TRIP GENERATION & PARKING DEMANDS BY SRF ENGINEERING Submitted 06/11/2015 Trip Generation Estimates Due to the lack of comparable charter school trip generations from ITE, SRF utilized trip generation from a similar type (i.e low drop off rates, high bus usage) of school study that was completed in the fall of 2014. It should be noted that the client for this study stated that all students would arrive via bus; however, to remain conservative, a percentage of students doing a parent drop off/pick up was included. This drop off rate was consistent with the rate at the similar school site from 2014. The trip generation for two scenarios was developed using the following assumptions: o All busses enter and exit during the peak hours o 95% of staff enter during the AM peak hour o 8% of the students are dropped off via parents during the AM peak hour o 75% of the drop offs are picked-up in the afternoon (caused by parents having to work) o 25% staff leaves during the PM peak hour Two scenarios were developed for the trip generation: Scenario 1: 500 Students. 60 staff. and 8 busses AM Peak: 105 in/48 out • Drop offs = 8% of 500 = 40 drop offs in/40 out • Busses = 8 in/8 out • Staff = 95% of 60 = 57 in/0 out • AM peak hours of schools generally occur during the typical adjacent street peak hour, which is consistent with the proposed 8:30-8:45 bus drop off time. School PM Peak: 38 in/53 out o 75% of 40 = 30 pick-ups in/30 out o Busses = 8 in/8 out o Staff = 25% of 60 = 0 in/15 out o The after school peak time is expected to occur between 4:20 and 4:45 PM, which is during the PM peak hour. Scenario 2: 750 students, 85 staff, 11 busses AM Peak: 152 in/71 out School PM Peak: 56 in/78 out Summary of the trip generation: Number of Students AM In AM Out School PM In School PM Out 500 105 48 38 53 750 152 71 56 78 It is important to note that these estimates will be compared to the trips generated at the existing land use (greenhouse) in order to determine the trip generation comparison. This will be completed when the peak hour traffic counts are completed next week. INITIAL ASSESSMENT OF TRIP GENERATION & PARKING DEMANDS BY SRF ENGINEERING Submitted 06/11/2015 Parking Demand Estimates Parking demand rates from both the previous school study and ITE were completed and the results are shown below. Since this school is both an elementary school and a middle school, both rates are shown. Parking Demand Peak Rate (85%ile)500 Students 750 Students SimilarSchool 0.15veh/student 75 112 Elementary School (ITE)0.2 veh/student 100 150 Middle School (ITE)0.1 veh/student 50 75 NMA Estimate*1 veh/employee 60 85 *Sin ce the City does not have a parking requirement, it is assumed that the requirement can be 1 parking spot per full time employee From the parking demand estimates, it is seen that there is a variation in the parking demand numbers depending on which school you identify with. Since the similar type school was used for the trip generation, it can be assumed for the parking demand as well. This would result in a minor possible shortage of 7 parking spaces, based on 105 parking spaces provided. This estimate is conservative as there are only expected to be 85 staff members, which would leave 20 parking spaces for visitors/guests (assuming 105 parking spaces total). It is assumed that the current spaces provided are adequate. Thanks! Leif A. Garnass, PE (MN IA MO), PTOE Senior Associate SRF Consulting Group, Inc. (763) 452-4725 I igarnass@srfconsulting.com One Carlson Parkway North, Suite 150, Minneapolis, MN 55447 www.srfconsulting.comISREU Updated traffic volume data will be collected next week i ;HHUHHH / I/3 3 J -' xg i \ .i I S 00x tL1 Lii S L)z 0roe oo Lii> =o =:J Ln id S co ! I fl LLJ 4 I. 'Coil 4. (a I IJ, 1 LJ_!I - .4 =i 2v L I It p / IAT / 1 .1 m cn ! - - / - 'I \1 1/11 F Z_ - •II vow",I-' 1 1 1:0 'II f / I!I A ! It r , im11111 U Ii IIII U II ii iiU II II Ll owns U U II I.••U.c;\ -h ,r I '1I •2J 1 t Ij. I I-ci) WE OL :q (r Izz L ILI SZA -4 HUi0 Z!oifL (D> H &S ci) ci) Iii U0-J Ui0- ifl OL Z. EzIptJ;. v. 0'Hz Z!oE11ccl WLLfLn O p<-0- a.1 4 z4 IlL00 LL z00 C') ILci) (N Kola I! ZH LU ca Z!o > OL A E4 4 0z4 00 0 (J) ofLli 2iz-t El BON pmi 0 ig : I!Ii iIl. -- \ \ \- \ (1• \\\j- 1.1 - __III jJ uI) IR It . 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Commissioner Schoiming introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 2015-04 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2015-004 SUBMITTED BY CS PROPERTY NMA, LLC (NEW MILLENNIUM ACADEMY) FOR APPROVAL OF A NEW PLANNED UNIT DEVELOPMENT WITH NEW ZONING CLASSIFICATION OF PUD-MIXED R-2/R-3 (PLANNED UNIT DEVELOPMENT - TWO FAMILY RESIDENCE AND MULTIPLE FAMILY RESIDENCE) & DEVELOPMENT SITE PLAN OF A NEW K-S PUBLIC CHARTER SCHOOL FACILITY (PROPERTY LOCATED AT 5120 LILAC DRIVE NORTH) WHEREAS, Planning Commission Application No. 2015-004 submitted by CS Property NMA, LLC (New Millennium Academy) proposes a new Planned Unit Development with new Zoning Classification of PUD-Mixed R-2/R-3 (Planned Unit Development - Two Family Residence and Multiple Family Residence) and a Development Site Plan of a new K-8 Public Charter School Facility, located at 5120 Lilac Drive North; and WHEREAS, the proposal comprehends the rezoning of the Subject Site to facilitate the planned and future redevelopment of the site with a proposed three-story, 82,000 sq. ft. public charter school facility with outdoor surface parking areas, and playground; and WHEREAS, the subject property is identified and guided in the 2030 Comprehensive Plan as TH/MF/OS/RB/PS (Townhome-Med. Density/Multi-Family High Density/Office-Service Business/Retail Business/Public & Semi-Public, and the proposed PUD- MIXED R2/R3 Zoning comprehended under this application would be consistent with this underlying land use category; and WHEREAS, on June 11, 2015, the Planning Commission held a duly called public hearing, whereby a planning report was presented and public testimony regarding this proposed planned unit development were received and noted for the official record, and the request was duly considered in light of all testimony received; and WHEREAS, the Planning Commission considered the rezoning comprehended under this planned unit development request in light of all testimony received, the guidelines for evaluating rezoning contained in Section 35-208 of the City's Zoning Ordinance, along with the provisions and standards of the R2 (Two Family Residence) and R3 (Multiple Family Residence) districts, as contained in Section 35-311 and Section 35-312, respectively, along with the provisions and standards of the Planned Unit Development district contained in Section 35-355 of the City's Zoning Ordinance; and WHEREAS, on June 11, 2015, the Planning Commission reviewed and considered the proposed new PUD Development Plans, which included the new site and building plans of the new 82,000 sq. ft. K-8 public charter school, elevation plans, and civil plans completed by DSGW PC RESOLUTION NO. 2015-04 Architects and their consultants, and found the plans to be in order and approved for the Subject Site. NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that the proposed Planned Unit Development submitted under Application No. 2015-004 by CS Property NMA, LLC (New Millennium Academy), may be approved based upon the following findings: A.The proposed rezoning appears to demonstrate a clear and public need or benefit to the community and regional area, as it will improve the appearance of the city and enhance the quality of life, property values and civic pride in this neighborhood area; and provide an excellent educational opportunity for the children of our growing and diversified population groups. B.The rezoning and its related development proposal will not be a detriment to the neighborhood, and should provide a positive effect on the community; C.The rezoning will facilitate the redevelopment plan of this site, which will be compatible with the goals and policies of the City's Comprehensive Plan and underlying land use plan. D.The proposed zoning is consistent and compatible with the surrounding land use classifications; E.The proposed rezoning will provide an opportunity to provide an ideal redevelopment of a targeted area for the community's education needs, eliminates an obsolescent or deteriorating nursery garden center; and will stimulate new investment in the neighborhood and community. F.The Development/Site and Building Plan is compatible with the standards, purposes and intent of the City's Zoning Ordinance; G. The Development/Site and Building Plan, in relation to the Planned Unit Development proposed on the Subject Site, will facilitate the redevelopment and improvement of this site, will allow for the utilization of the land in question in a manner which is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding land; H. The improvements and utilization of the property as proposed under the planned redevelopment of this site is considered a reasonable use of the PC RESOLUTION NO. 2015-04 property and will conform with ordinance standards; I.The Development/Site and Building Plan proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city; and J.The Development/Site and Building Plan proposal appears to be a good long range use of the existing land and this proposed development can be considered an asset to the community. BE IT FURTHER RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Application No. 2015-004 be approved subject to the following conditions and considerations: All conditions noted in the City Engineer's Review Memorandum (dated 06/03/15) and all other subsequent or updated conditions required by the City Engineer are submitted and/or fulfilled, including approval by the City Engineer and Hennepin County officials of a final traffic study and traffic management plan. 2.The Developer (CS Property NMA, LLC / New Millennium Academy) agrees to dedicate to the city (with no compensation) the added right-of- way necessary to complete the Lilac Drive roadway extension along the westerly project boundary line, which will be made part of the overall Brooklyn Boulevard roadway improvements in this area. 3.Developer shall plant additional coniferous (evergreen) trees in a staggered row along the south edge of the easterly parking lot to effectively screen the adjacent single family home to the south. 4.Developer shall provide a clearly marked and striped pedestrian walkway across the main drive aisle, from the north parking lot to the front door entry. 5.The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of any building permits. 6. The buildings are to be equipped with an automatic fire extinguishing systems to meet NFPA standards and connected to a central monitoring device in accordance with Chapter 5 of the city ordinances. 7. The location or placement of any proposed or future fire hydrants and PC RESOLUTION NO. 2015-04 other fire related building code items shall be reviewed and approved by the Fire Chief. 8.Final grading, drainage, utility and erosion control plans and any other site engineering elated issues are subject to review and approval by the City Engineer prior to the issuance of permits. 9.The Developer shall submit a site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure the completion of all site improvements. 10.Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. 11.An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 12.Plan approval is exclusive of all final signs on this site, including any new freestanding, wall (building) signs and directional signs, which shall remain subject to Chapter 34 of the city ordinances, and subject to separate sign permit submittals and approval. 13.All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center current Standard Specifications and Details. 14.Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City's Engineering Department and applicant shall obtain an NPDES construction site erosion permit from the Minnesota Pollution Control Agency prior to disturbing the site. 15.The owner of the property shall enter into a utilities and facilities maintenance agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of permits. 16.Storm water drainage systems shall be approved by the Shingle Creek Watershed Management Commission prior to the issuance of any permits. 17.The Developer shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. PC RESOLUTION NO. 2015-04 18.The owner shall enter into a PUD Agreement and/or Declaration of Covenants and Restrictions Agreement with the City of Brooklyn Center to be prepared and approved by the City Attorney prior to the issuance of building permits. Said agreement shall be filed with the title to the property and shall acknowledge the specific standards and regulations provided by the underlying PUD-MIXED R2/R3 zoning district, as well as all other conditions of approval. This agreement shall further assure compliance with the development/site plans submitted with this application. 19.Any major changes or modifications made to this PUD Development/Site and Building Plan can only be made by an amendment to this PUD, which shall include an updated Development/Site Plan if necessary. 20. The Developer shall provide the Planning Commission an opportunity to approve the final architectural treatments, finishes and materials prior to building permit submittals; and satisfactorily address the screening issues between the neighboring residents and project site. r June 11, 2015 Date Chair ATTEST: Secretary The motion for the adoption of the foregoing resolution was duly seconded by member Morgan and upon vote being taken thereon, the following voted in favor thereof: Chair Christensen, Commissioners Freedman, Sweeney, Koenig, MacMillan, Schonning, and Morgan. 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 WJ[I1 I U N N h'A U I k4 (1) 1I 1If'AI DATE: June 22, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 4013 65th1 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 4013 65th 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 dwelling. The previous rental license was a Type I Rental License. This property qualifies for a Type IV Rental License based on eleven (11) 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: 09-30-2014 The previous rental license expired. 10-20-2014 The Owner, Gao Qiang Liu, applied for renewal of the rental dwelling license for 401365 th Ave N, a single family dwelling. 10-30-2014 An initial rental license inspection was conducted. 11 property code violations were cited, see attached rental criteria. 12-01-2014 A second rental inspection was conducted and failed. 12-15-2014 A third inspection was conducted and passed. 01-07-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust 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. 02-18-2015 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. 03-24-2015 A $125 Administrative Citation was issued for not submitting a mitigation plan. 04-02-2015 A $250 Administrative Citation was issued for not submitting a mitigation plan. 04-10-2015 A $300 Administrative Citation was issued for renting without a license. 04-22-2015 A $500 Administrative Citation was issued for not submitting a mitigation plan. 05-07-2015 A $1000 Administrative Citation was issued for not submitting a mitigation plan. 06-01-2015 A Mitigation Plan was submitted. 06-05-2015 The Mitigation Plan was finalized. 06-15-2015 A letter was sent to the owner notifying that the hearing before the Council will be held June 22, 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. 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 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust kI1IJ(Si I L' I k'A 0) 11I 1BJiY I Manager's designee as to the disposition thereof After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people cud preserves the public trust i1IJ[i1 I R V I'A L'A I MhYA (I) P1k'A I 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. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units.rroperty Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit Type I - 3 Year 1-2 units 0-1 3+ units 0-0.75 Type II - 2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 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). Mission: Ensuring an attractive, clean, Safe, inclusive community that enhances the quality of life for all people amid preserves (lie public trust 1SI[i1 I N UI 3 i I I'A Eli 1I P1IJ I 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 0-0.3 5 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 umts 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. Strategic Priorities: o Community Image Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for (l/people and preserves (lie public trust BUILDING AND COMMUNITY STANDARDS Xtyi of Rental License Mitigation PlanGENTERType IV License Handwritten Mitigation Plans will flCr;can be on website at www.cityofbrookIyncenter.orgxall (63) 569-333 van electronic copy sent to you via email. N 'N Property Address: 4013 65th Ave N Owner's Name(s): Gao Qiang Liu Local Agent(s): Ting Lia Liu Owners Address: 159 Walerford Cir Agent's Address: 145 Dongoa Ln Winona MN 55987 Shakopee MN 55379 Owner's Phone: (917)868-8739 Agent's Phone: (646) 709-7389 Owner's Email: Agent's Email: sweet tnn ie@hotmafl corn Current Expiration Date: 5131/18 Pending Expiration Date: iiio;is I Current License Exp. 09-30-2014 (ax months from current e4lratio1 Pending License Exp. 03-31-2015 vss vssI Based on property conditions andlor validated police nuisance incidents, the above referenced property qualifies for a Type IV-6 Month Rental License. Prior to application approval by the City Council a fully completed Mitigation Plan must be completed and approved by City staff, A Mitigation Plan must be completed immediately in order to ensure timely completion of the license, application process. The Mitigation Plan should indicate the steps being taken to correct identified violations and the measures that will be taken to ensure ongoing compliance with City Ordinances and applicable codes. A Mitigation Plan allows the owner and the City to review concerns and identify possible solutions to improve overall conditions of the property. If the Mitigation Plan is not submitted, and all items are not completed within the pending license period, or the above property operates beyond the license expiration date, enforcement actions such as citation, formal complaint, or license review may result. Before submitting, fill-out Sections A, B, and C located on pages 2, 3, 4, and S. pave 1(6 Type IV Ren1I Licen se Mfflg.JJon Plan, Rev. 4-14-15 City of YBroohlyn Center—Building and Communily Standards Department vewcItyorbrooklynceflrer,Org 6301 Shingle Creek Piikvay, Brooklyn Coner, MN $5430-219 1 Phcie: (763) 563-3330 I TTY: 711 I Fax: (763);680-3360 BUtLDThG AND COMMUNITY STANDARDSc1ty OfXBRC00j,LLyX 4a13 65th AV N Rental License Mitigation PlanCENTER Type IV License Sections ACrime tree Housing Program Requirements Phase I J 1) Use a written lease agreement. The lease agreement shall include the Crime Free Housing Lease Addendum. A copy of the tease agreement and Crime Free Housing Lease Addendum must be attached to the Mitigation Plan when submitted. 2)Agree to pursue the termination or lease agreement or eviction of tenants who violate the terms of the lease or any addenc1ums 3)Conduct criminal background check for all new prospective tenants. If it is a current tenant a new background check is not required. Must be able to provide documentation to City if requested J 4) Attend a City approved eight-hour Crime Free housing training course. Information for approved courses can be found at wwwmncpa.net under the Training and Events tab. A copy of the Crime Free Housing Certificate must be attached to the Mitigation Plan when submitted. Crime Free Housing training was completed on/is scheduled for:] W1I, uic Owner or agent attended/is planning to attend training at city of, Louis Park J 5) Submit Monthly Update by the 1& day of each month. Phase IIEI 1) Complete a Security Assessment and implement improvements requested by the Brooklyn Center Police Department, To schedule an initial or follow-up Security Assessment, call (763) 569-3344k A follow-up assessment must he completed before the license expiration date to verify the security improvements have been implemented, If a Security Assessment has been previously completed, write the completiort date. Security Assessment was completed on/is scheduled for: 6115115 Security Assessment follow-up was completed onus scheduled for Continue Sections A, Phase lit on page 3 Fe 2/t5 Type VRn& Lkense MJYgtiQn F1in, Rev, 4-1 4-1 City of Boo1yn Cente—But1ding and Community Standards Ppatmett wwwdyobraktyncentr.or 6301 Shingle Creek P&kwy, nrcioktyn Center, MN 5430-2199 1 Phone. (70)W-338063330 I TTY: 711 I Fax: (76) 6-33Q BUILDING AND COMMUNITY STANDARDS Ië City of 13RC00KLyN [013 Wh Ave N Rental License Mitigation PlanCENTER Type IV License Sections A—Crime Free Housing Pr ogram Requirements (con tinued) Phase ill 1)Owner or agent will attend at minfrnurn 50% (2) of the A.R.M. meetings. The A.R.M. meetings must be completed within the rental license period and before the pending Type IV License expiration data, Registration is not required, however you must sign-in during the meeting. Write two meeting dates an owner or agent plan to attend. Owner or agent will attend AR.M_ meetings scheduled on 7/9/15 9110115 2)Have no repeat code violations previously documented with the past year. The following actions are required for properties with four (4) or more units ElI! 1) Conduct resident training annually that includes crime prevention techniques. 2) Conduct regular resident meetings. page 3/6 Typo fl' Ren/a! Lxe Mifigation P1JFPr Rev- 4-14-15 City 1Brotd1yn CeterThxi1ding and Conim,infty Standards Department w,cityothrok1yncterur 0301 Shingle Creek P&kway, Brooklyn Center, MN 55430-21()q I Phone: (763) 563-30 1 1T(: 711 1 Fax: (73) 36O BUILDING AND COMMUNITY STANDARDS J City ofROOXLYN 403 65th Ave N j Rental License Mitigation PlanC ICI ENTER Type IV License Sections 8-Lotig Term Capital Improvement Plan Based on condition and age, estimated replacement dates need to be provided for common capital items. Funding should be considered accordingly. Items that are broken, worn, or otherwise in violation prior to the estimated replacement date need to be replaced sooner. All items must have a date for Estima ted Replacement Date, Dates such as:"unsure", "don't know" or "when broken" will not be accepted If you are unsure of when an item will need to be replaced, you can make a prediction based on the age, appearance, condition, or manufacture/industry recommendations. Additional information on Expected Useful Life can be found at www.hudgov. Item Date Last Replaced Condition*Expected Replacement Date Example: Waler Heater May 210 P May 2020 Furnace 2010 G 2030 Water Heater 2007 2017 - Kitchen Appliances 2014/2010 G 2020 Laundry Appliances NA Smoke Alarms! Ca r bon Monoxide Alarms 2014 G Exter i or -Items Faint/Siding 2008 ______2016 Windows 2008 203a* Roof pie-2008 p 2020 Fence pre200 F not rpIc Shed NA Garage pre-2008 F 2016 Driveway pre-2008 F 2030 Sidewalks r2008 F 2030 Other: *COfl(JjtiOfl Abbreviations:GQOdG FirF Weeds RepIacementR Pago 416 Type /V R en tal Lkie MUigoffon Plan, Rot,. 4-14-15 City McwkLyn Center—Building and Comxttwiity tadards Department viyfbrOk1yncenterorg 6301 Shingle Creek Prkwy, Brooklyn Cerner, MN 65430-2109 1 Phone: Th)565-3330 I TTY-.711 I Fax:(76) 56-360 BUIIJMNG AND COJVI1VIUNITY STANDARDS XBRC0103KLY14ty of O13 65th Av N Rental License Mitigation PlanCENTER Type IV LIcensG Sections C—Steps to Improve Management and Conditions of Property The items in this section have been proven to assist with property management and property image. The following actions are required:[Z 1)Check-in with tenants every 30-days. 2)Drive by property to check for possible code violations. 3)Evict tenants in violation of the lease or any addendurns 4)Remain current on all utility fees, taxes, assessments, fines, penalties, and other financial claims/payments due to the City. ElI 5) The following actions are optional unless required by the City. LI 1) Provide lawn/snow service. D 2) Provide garbage service. 3) Install security system. LI 4) Provide maintenance service plan for appliances. Name of service company: 0 5) Other:.________________________ If the Type IV-6 Month Rental License is approved by the City Council, the licensee must comply with the approved Mitigation Plan and all applicable City Codes. A written report must be submitted by the 10 day of each month with an update of actions being taken by the owner andlor agent to comply with this Mitigation Plan. A copy of the Monthly Update can be found on page 7. A tillable form can be found on the Citys website at w w.cityofbrooktyncenteror or call (73) 56-3330 to have an electronic. copy sent to you via email Please attach additional information if necessary. p Type WR'mfal J&etke Mftigion Plan, R 44445 City of Boak1yn Center—Bai1dth M corntiiy 5tadiIs Department wwvtyo!bcIyncen1e.or 53131 SMngIa Creek Perkwsy, 13rroklyn CriIr, MN 543O-2l Phone: (763) 530 I TTY 711 1 Fax (765) 56-356U BL1thtItcG AND COMMUNITY STANDARDSrCity of BROOKLYN CENTER 5th Ave N Rental License Mitigation Plan Type IV License Sign and Verify I verify that all information provided is true and accurate. I understand that if I do not comply with the approved Mitigation Plan, comply with all items within the license period, or operate beyond the license expiration date, enforcement actions such as citations, formal complaints, or license review may result. arAgerfl Name and Title (Please Wre Date Additional Owner or Agent Name aid Title 7fApplicaNe, Please Pthit AckEthfaI Owner or Agent Signature (if Applicable) Dale City Staff only e,c o d Police Department / Date 1912 kmDate Pace 61 Type IV Fn/& Licensti Mi1igiion Plan, Ri'- 4-1445 Cy of Brooklyn Center—Building and Community Standard Depeteit iivivi,cityofbrooklynoeriter.-Drg €301 Shingle Creek Parkway, Oreokiyn Oenter MN 543O2i99 [ pi-re: 53-333O I TTY: 711 I Fax:(73) -3O City Council Agenda Item No. lOa #2 I1PJ[iJ I R U U Mh'A SY I k'4 (I) 1I PlIIhYA I DATE: June 22, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 6607 Beard 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 6607 Beard 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 dwelling. The previous rental license was a Type II Rental License. This property qualifies for a Type IV Rental License based on eighteen (18) 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: 02-26-2015 The Owner, Ernie Zheng, applied for renewal of the rental dwelling license for 6607 Beard Ave N, a single family dwelling. 04-15-2015 An initial rental license inspection was conducted. 18 property code violations were cited, see attached rental criteria. 04-28-2015 A second rental inspection was conducted and passed. 05-06-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 05-06-2015 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 JJ'I!ssioii: Ensuring an attractive, dean, safe, inclusive community that enhances the quality of life or all people and preserves the public trust EI1JIJ I N I I Dk'4 UYA I DIk'4 0] 1II 1 IJ'kl license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 05-26-2015 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. 05-29-2015 A Mitigation Plan was submitted. 05-31-2015 The previous rental license expired. 06-01-2015 The Mitigation Plan was finalized. 06-15-2015 A letter was sent to the owner notifying that the hearing before the Council will be held June 22, 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 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 ]Iiission: Ensuring an attractive, clean, safe, inclusive coJnnnhI1ity that enhances the quality of life for alipeople and preserves the public trust ,iuJ.i iui is u i w nu i seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, Mission: Ensuring an attractive, clean, safe, inclusive community (Ii at en/sauces the quality of life for al/people and preserves the pu b/ic trust EllihYl) IU I I Mk'4 U I Mk"A (Ii 1IhI I1IA1 perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type l-3 Year 1-2 units 0-1 3+ units 0-0.75 Type II - 2 Year 1-2 units Greater than I but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3 + units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 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). Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [iIO]JJ[iJ I U aIL' U I DI'A (1) 1iI WJkA I 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 10-0.3 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 Budget Issues: There are no budget issues to consider. Strategic Priorities: Community Image 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 /RU COMMWT FLY STANDR IJ -ING AND XIBIRO tyf O1 ReiitaI LEcn ttiori Fiar Type lv U ce n ao Ra dwriUen hf ilfga Pla as ivIII,iot p!d. A ffl1bie form on be found on the C ity's web s ito at o r call 47 -3C to live an e lecuoril000py sent to yu'[a is m a il, Pperty A 67 15 ei N rclyn C anter, MN Owriera me): Ernie Zhn Ow ner's Addr 551 1 RRrij A N Crsti1, tlr4 $9 Lcie 1 .Ant) Tang Zheng Ageit'a Addea: 551E1 REriL?weNCryti1, I1r1 Ckw niWi 6t2)2Ei4 P h o ne; t612) 63 Owneril;: AerVs ErpiI bjmafide'miI corn Crr Ejlrelj Dté: Periti Date [iJi ck rtwn Based jan p ro pextVndifcuns and!ôr vadated pollee nuisarw nidnt, the above referiiei pro perry qualIfis (Ora Type lV Month R e fltall Lkne PriorppIictjcn pprovaI by øe C i ty c ou n cil a fully 4-Ompl eted Miiiatin Pan iiu st be competed and apprvd by City s ta ff, A Mitifcurb Plan iu b cmpetecf i dialeI In de t' erure timj nteUori The Iicenc appIictin puceas. The Mltri Pl a n should [nd1e the steps being taken l a correct fltied vblac rid the rneaeirra -that will be tkei to ensure oni]r ornpiiuee with C ity Ordi na ni ces arid app l icable codes. A Miiatln Pn all o m the owner and the City to review concerns and idenif,' po ss f b le s oIuiUon ta impro"i Q'eIl1 nd iitlons of the proprty. If the MItiation Plan i s not sbrntted, arid all i le ms a re not oorn ittI w it hin the pending license percf, o r the above prpr1y Ortea beyond 11a ine expiron dato ,enforcemrtt actions such -as n it a ti o n, fornial compl a In t , or license review may res-ulL Before bmEttin, fRkft sections A, 8, and C kiated cn pag e s 2, 3 4. arid S . ofP_93T4^9 kj Mrftj n rL4 Dptmit W11 1 ig Crh PVkway, Orfxa M y nMN SFA20 ,2i 0 it?; 711 : nuzLDnc AND COMMUI7ITY 1iTANDA1W City ofBROOKLYN RnL1 Ljn1V11t1at1OP1:fl CE=ER Type 11V LICOnse Sections:A—Crime. Freu i*uThg Pr&g('m RjirCr'iefl Phase I 1)Ue e written ie rterLt Th.0 tease agrrreFU thaiI includel the Cdrn Fr" Housing Lee Addendum, A cow iQf Oe lease nt and Cilrne Free Fi,ihi Le Mdndum m st he attvhed to the Mtiatiofl PFr 01h ubrnitted, 2)Are pure th emiktion r greeifl1 ei1tiOfl tenants wti violate the tonns of the JeaSe or 2fl 3 Cirdi4 cririina bkrurd checc for Ll tw prp iterrLt. If iti currn nam e'II bki'd clieck n rqLLired M''I b8 able t pvEde domtaifl to City if reiUe5ted, 4) Attend a City 2ppwed &ghthour CrOM Dee H training uoueae- htbrmatin pprad CUUFe ar b found at 'ncOt under the Trkfri nd Evrts t b A oy f the Crime F HousTn Crfiate must be ttach-d to the itQr Fn when eLbrnitted Crime Free H o wfl n g training wa s c ompteted onf In schedud for: 2ci.j12 Owrir or agent aftendedlis pEa niir to attend trainilng at city of; ) Sbnit Monthly Upthe by the I O b day of each nionth Phase 11 ) Ccimpl ete a S ritye ut and inpmntiniprveme red by the BrThn Cie n t-Rr o1ice DpctrrienL To hedu1e an Initial rroiiow- tJp S&ruity Ases&enL all (7&I 42.44. A IQWUp ae e3fliertiF1iLI5t be completed bfre the lre ep1r.tiori date io verify the S e rUrily I rove flte have beeil lmented if $ecurty esment ha he previoI'I compieted wrt the ipEetior date Surity Ae&e merLtwa crnpltec jri!is edUIed for: - Security Aes.&nen fIbwup ws riptted or0s sthdued for: MOM 5 continueSacti-ans A. Phase ifi on P2i TVia uiil Pi 4-4$ CIFr t BEno11yTL iLrBtkUdb id CornintThy ptErLht TTfIr?flI U1! E3CI1 E.ii rtq rrqik ro¼yaco tie ?,MN 421 Phi 5c3-iI TTY: i1 F R1IUD1NC AND COMMtINJTY STA NUZiJScity .01 1no nCnt&,MN 5421 Renta License Mitigation Plan ,CENTER Type IV TJceri ckti A—CrIme Free H&ng Pngrm Rqufrznen (nThii'ed) Phe In 1)owner ür agani will attend at mInhuni 50% 2I of the ARM rnetIng. The ARM. 1tflg iiiit b ItKi within th taI Ikn period and befo-re.th pendiiçj Type IV Utanse expErat-lon date. Reistran is not r€iuired. however you most sn-ii civring the rnetkig. Write tV0Q Meelifli,4 dts an w1r Or age nt pkn iü c'ner r g'nt 'Aill attend ARM nieeng scheduled en: IP$I'15 2)Have no repeat code viGlations previously documented with tfta past y2r. The following aGitions are required for properties with tour 4) or rnrE units. ') Conduct rvsWenttrafning o.nnLfall.lithatinoltideacCirrip- prevention teciinques. F1 2 Du nd u cl mg u lar resident r€tln. Mu ivl Piri Riv. 44- f T1t a,td Community ptiu 31 hiCk Pkcry, r kFti MP 4-1 Pr' (7E) I TTY: 711 I Fax; 7J330 U2iX CIE2UU6 Cii/O-1 I• (I'1'2CI1O Raik)US iding ldcw Roof Fence Shed Garat Drivewy , Sidewalks Other; - O2O1 -- G W2II1 C'2020 O5'2020 O42O CA U2 (3 o4i2rQ - BUILDING AND COIThWNIEY STAND UDS aeard SS429 Rental 11-1i Mitiq4tionFlan Typ IV Liore Setkis Sr--LQ"j Term CapHi Iipróement P1w Based on iIikrn And a, estimated replacement dates need lo be provided for cc'riwnin !apl1at items. FitiHn thôj1d be , cond€red accord.inly. ilerns that are brl<'n 1 wrn 1 or otherwise in violation pelor ,topriori the Lrnath rep rneM date. fled to be reiJkLCd fltr AH kom miu.5t have a data for ffsfir-,rwod Repilav ementD a ta.ts such unur' do knôw'1 or "when brkri" will not 40 accepted, If you are uivsvre of when an itern will need to b mplaced, you can Make a prediction ad on :age, apLearanc, condition, c manuthctkrre/ir1cEu1iy rcfcin Additional Inforwtion on Epect€rcE LleuL Lire can be found at, rJ'iudov, Item Ex a mple: Wr Heater Water Heater Kitchen Appliri L.uridry Appliarices Sni:ok Abmif Crbo Monoxide AIami I4201E rort m Cdltir* Exted pIaiitD May 2020 I22' 04i2X'2 G E1412G15 Date Lt Rep1cd My2OW O3t2O1 6 61 i, 10 indIl4 btvi2Un.: NwN FiFF FcElrrn1R NO 4/15 rjL 0 Y Pon rJ L'ni PM r4 R?L1, iy Bi1dyi i1ii1, Jwiuniiu1t7 &D9ptmt iC'1 Shirpgle re kI'r Vr1c, MN ]-2:1 E 1 TT?: 711 I c{?E3) 1ULUING AND COMMU1Ty STJLNDARDCity Q.1 4N04N Rrt Lns M it i ga t io n Plan. Typ e IV L 60 cen s e Sths •C-$rp 'Z Jmprov Mi dcdiffi,n FPperty The it -r in (his cn iv hfl pTOVeIi to sL with property gemen and p ro perty lnia, The tion re q uire d. 1)Ch e ck-in with terints eve 3O-iay. 2)Driv by ppr to cPekkr po ss ible code Iiun. 31 Evjt tnants in viol a ti o n of the,lease w any ddiidurii, A) Remain curM on all utility taxes , .asem--nth, fin,p e nalties, a nd O herThnthf C la lffis(p a y-ments due to the City , [] ) Other: The folt to w ^nqwtrojjs am O pfional unWss rqirtd by theOily. II Frki jJ 2) Provide ga rbage. s ervi ce, EJ InsthlI Gmj ity systni. 4) ProAde maintananoeserviGe pl a n fo r ppkce. Nrne of saNtfoo Comp a ny-[j 4 Other: If the T'F1 W-F.5, Morh RriLl Uuense is a pp f ve by the City Cunl, th e lien-alsee trnit complywith thn. approved Miti ga ti o n Plan and alpplicabIe CIty C'd. A wriltn r port must b ubititEd by the I &" day of e• h m th with n udt •o thr b e ] ng ta k e n by th ow nr agen t to cm ply wfth ths Mitati Fan. A copy of ft Mo ri ffify Updt e found anpago 7. A fillble forrn Carl be found on t he Gity' Ot ltyofbrkIynoenter.or r 1l76:l 9-53 23 0 to have n 1troriicpy sent to you via PlOase tth ad di t i onal Information if Pap a-16 I 4Y4$ City ii k1yn if i*ild ii irniiiityt a nd 'I1 6hIr..l a G f tt k PrIiw', B r.ic}fi ntr, M 543U1 1 f'Frp: I7E3t E3I TT). 7111 I F: 9631 EE4-310 IHJILD INC AND COMMUITT STANDARDSCiry of - - -Rooictyw 7BrAr Rental Ll:come MtFtkin Plan License Sign and Very I vrfy r-W all tF1ffflfltjLJn pro1Hd ru find Lrdertarid Iht If I ci nc rnp wIh the atpO1jid i111Ition PIr, cctriipty ith lI itefl' withirb the I period, of opera by4ind thelicense flxplrOon date, Worcemeril actiirjns sui ciatfon, formal compInt5. or libc-rise reviewrry reult. EMi Zi1'rg wr.r orA fJfNrnE aria Thk ft x Te.rtZhng Add6n') rJwr: 4J?1 Ala rTh9 jand Pj 2i Owr of A slukM ics City $Mf cry POW Dep-wMat2f ( r J Con. ffi j ip r Sowards cep i ieN RiXr? i?&i LWãtiwi Far ?i. 4f4ii 63c11 SNngfe Crk PrIwac BrkIw Cri1t, MrJ 54-1 !i1 P3 n: NJ J iT?: 711 I F9: () City Council Agenda Item No. lOa #3 COUNCIL ITEM MEMORANDUM DATE: June 22, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk 16JA vfpM4k SUBJECT: Type IV 6-Month Provisional Rental License for 6712 Beard 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 6712 Beard 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 twelve (12) 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: 12-03-2014 The Owner, Morris Matthews, applied for renewal of the rental dwelling license for 6712 Beard Ave N, a single family dwelling and residential care facility. 12-23-2014 An initial rental license inspection was conducted. 12 property code violations were cited, see attached rental criteria. 01-27-2015 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 !i'Iission: Ensuring an attractive, clean, safe, inclusive coinnnilzity that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 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. 03-31-2015 The previous rental license expired. 04-14-2015 A $125 Administrative Citation was issued for not submitting a mitigation plan. 04-22-2015 A Mitigation Plan was submitted. 06-16-2015 The Mitigation Plan was finalized. 06-16-2015 A letter was sent to the owner notifying that the hearing before the Council will be held June 22, 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. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves, an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, Mission: Ensuring an attractive, clean, safe, inclusive community ,that enhances the quality of life for alipeople and preserves the public trust COUNCIL ITEM MEMORANDUM perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: At least 75% of units will be inspected for properties with 15 or less units. At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type 1-3 Year 1-2 units 0-1 TypeiIi-2 units I 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 1-2 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 51813.01, Subd. 2 (a). Mission: Ei:siiring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 Sormore units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: • Community Image Attachment - Mitigation Plan Mission: Ensuring an ah/r(ICIIVe, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust ityf BUILDING AND COMMUNITY STANDARDS XERC,NTER Rental License Mitigation PlanOiT17N Type IV License t-landwriiten Mitigation Plans will not be accepted. A fillable form can be found on the City's website at www.0yolbroWyncentenorg or call (763) 569-330 to have an electronic COPY sent to you via email. Property Address; 671 rd AVe N Owner's. Name(s): Mn1s Matthews Owner's Address: 4720 HiVner Pointe Eagan, MN 55122 Owner's Phone: (612) 916-541 Owners Email: mmchpiaQ1com Current Expiration Date: 3/31115 Local Agent(s): Agents Address: Agent's Phone; Agent's Email; Pending Expiration Date: P130115 (Six innihs from cuiinI >Iration) Based on property conditions and/or validated police nuisance incidents, the above referenced property qualifies fora Type IV-6 Month Rental License. Prior to application approval by the City Council a fully completed Mitigation Plan must be completed and approved by City staff. A Mitigation Plan must be completed immediately in order to ensure timely completion of the license application process. The Mitigation Plan should indicate the steps being taken to correct identified violations and the measures that will be taken to ensure ongoing compliance with City Ordinances and applicable codes. A Mitigation Plan allows the owner and the City to review concerns and identify possible solutions to improve overall conditions of the property. If the Mitigation Plan is not submitted, and all items are not completed within the pending license period, or the above property operates beyond the license expiration date, enforcement actions such as citation, formal complaint, or license review may result. Before submitting, 1111-out Sections A, B, and C located on pages 2, , 4, and 5 Type IVRela? Llcr Mtita1ky Plan, Rev 4-44-15 City of Brooic]yn Citte'—BuUtlij and Comrnttntty 5tata4s Detet 0301 Sfirle Creek Pakwey, DrooklynCenter, MW 5"30-2199 1 PhQ$: (763)583-3330 1 1W: 711 I Fix: (783) 569336() AMqffMFW BUILDING AND COMMUNITY STANDARDSCity of oi l RobxLYNI 6712 Beard AVe N Rental License Mitigation Plan Type LV License Sections A—Crime Free Housing Program ReqLdrernent Phase I IZ 1) Use a written lease agreement. The lese agreement shall include the Crime Free Housing Lease Addendum. A copy of the lease agreement and Crime Free Housing Lease Addendum must be attached to the Mitigation Plan when submitted. J 2) Agree to pursue the termination or lease agreement or eviction of tenants who Violate the terms of the lease or any addend urns. 3) Conduct criminal background check for all new prospective tenants. If it is a current tenant a new background check 16 not reiutred. Must be able to provide documentation to City if requ&sted 7J 4) Attend a City approved eight-hour Crime Free Housing training course. Information for approved courses can be found at www.irrincpamet under the Training and Events tab. A copy of the Crime Free Housing Certificate must be attached to the Mitigation Plan when submitted. Crime Free Housing training was completed on/is scheduled for: Owner or agent attended/is planning to attend training at city of: yj ) Submit Monthly Update by the lO day of each month. Phase U J 1) Complete a Security Assessment and implement improvements requested by the Brooklyn Center Police Department. To schedule an initial or follow-up Security Assessment, call (763) 569-3344. A follow-up assessment must be completed before the license expiration date to verify the security improvements have been implemented, If a Security Assessment has been previously completed, write the completion date. Security Assessment was completed on/is scheduled for: - Security Assessment follow-up was completed on/is scheduled for: Continue Sections A, Phase Ill on page 3. Page 216 Typa IV RentaLfcrsc Mt4icn P1n, Rev, 4441 CIty of Boc'k1yi Ceite—Building and Cnimuni1y Standards Deertnent 6301 Shir-.910 creek Perkwey, Brooklyn , Center. MN 430-21 1 Phone: (763)563-53O I TTY: 711 I F:(763569.3360 EUIIDING AND COMMUNITY STANDARDSC4 0f :[BROOKLYN [6712 Beard AVe N Rental License Mitigation Plan Type IV License Sections A—Crime Free Housing Program Requirements (continued) Phase III J 1) Owner or agent will attend at minimum 50% (2) of the ARM. meetings. The A.R.M. meetings must be completed within the rental license period and before the pending Type IV License expiration date. Registration is not required, however you must sign-in during the meeting. Write two meeting dates an owner or agent plan to attend. Owner or agentwill attend A.R.M. meetings scheduled en: 710115 and Z 2) Have no repeat code violations previously documented with the past year. The following actions are required for properties with four (4) or more units.F] 1) Conduct resident training annually that includes crime prevention techniques J 2) Conduct regular resident meetings. Page 36 Type V Ren tal Lie Min Pla n, Re- 444-15 City of Brookipt Cente—BuiIding and Con=unftyStandards Depa rt mimf vAmx,1tyof brooklyncenter.org 6301 Shingle Creek Paikway, BrooWyn Center MN 55430-210 Piione: (T63) 5633a3C) I TTY: 711 I Fox: (763) 565336O BUILDING Mfl) COMMUNITY STANDARDS City *f BROOKLYN G712 Beard Ave N Rental License MItigatIon PlanAjL CENTER Type IV License Sections 13-Long Term Capital Improvement PTht Based on condition and age, estimated replacement dates need to be provided for common capital items, Funding should be considered accordingly, Items that are broken, worn, or otherwise in violation prior to the estimated replacement date need to he mplaced sooner. All items must have a date for Esimted Replacement Date. Dates such as '1 unsure", 'dont know 7 ' or "yThen broken" will not be acceptc1. If you are unsure of when an item will need to be replaced, you can make a prediction based on the age, appearance condition, or manufacturelindustry recommendations. Additional information on Expected Useful Life can be found at www.hud.gov . Item Example: Water Heater Furnace Water Heater. Kitchen Appliances Laundry Appliances Smoke Alarms! Carbon Monoxide Alarms Exterior Items Paint/Siding Windows Roof Fence Shed Garage Driveway Sidewalks Other: Date Lat Replaced Condition'Expected Replacement Date May 2010 F May 2020 F 2035 F 2020 G 2030 G -2030 -N 2020 R 2015 - summer F 2035 F 2030 2035 F 2030 P 2030 F 2030 NA *CondIflot AbbrevisUons: Nev=N F1rF Weeds RepacementR Page 41 Type IV Ren tal Ln Mitig aflcm P'w, Rev- 4-1445 City of Bo11yn Cente—Building and Community Standards Department yrDrackiynnt&Or 6301 Shingle Creek Pa4may, Brodyn Center, MN 55430-1 1 Por: (763) 563-3330 I M:711 I Fax: (763) 5593360 ____ B1J1LDThQ AND COMMUNITY STANDARDS City of B9N 6712 Beard AVe N j Rental License Mitigation PlanCENTER Type IV License Sections C—Steps to Improve Management a nd Conditions of Property The items in this section have been proven to assist with property management and property image The following actions are required: 1)Check-in with tenants every 30 -days. 2)Drive by properly to check for possible code violations. 3)Evict tenants in violation of the lease or any addendurns. 4)Remain current on all utility fees, taxes, assessments, fines, penalties, and other financial claims/payments due to the City. 5) Other; GRH Facility The following actions are optional unless required by the City. 1) Provide lawn/snow service. j 2) Provide garbage service. 3)Install security system. 4)ProvIde maintenance service plan for appliances. Name of service company: Eli 5) Other: If the Type MO Month Rental License is approved by the City Council the licensee must comply with the approved Mitigation Plan arid all applicable City Codes. A written report must be submitted by the O' day of each month with an update of actions being taRem by the owner and/or agentto comply with this Mitigation Plan. A copy of the Monthly Update can be found on page 7. A tillable form can be found on the City's website at v w.cftyofbrooklyncentercrg or call (763) 569-3330 to have an electronic copy sent to you via email. Please attach additional information if necessary. Page Typo N RntaI Liccn MWtin Plan, Rev. 44445 City of Brooklyn Canter—Building and Community StandaTds i)cpattment wxw.cityotbrookilyricenier.org 6801 51iir1 Creek Farkwy, Brooklyn Center, 11t. 55430-21 Phone (763) 6-333O I TTY: 711 t Fax: (763) 6-3&O •: BUILDING AND COMMUNITY STANDARDS City of BRa OKLYN 6712 Beard Ave Rental License Mitigation PlanCENTERType IV License Sian and Verify ny that a 1, infcmun proiided is I utn th cf i do rc conp?y with the approved Migacn Fn. crçy vith ai items wthin th 1icne pero. or o;rte beyond e hiise pr3tcc cae, e ronen acons such as ctas. omI corfçbrt, or 1ic*n review may rs.X MQ(J Matthews, CEOiPresidon( OwnerorAgonl Name- lid flUe (Please P/)t) wiier or Açjn1 Dale 0 ft t t A r: b; P; ri 1ti fA CWOriy $-? CU y4 B 13pi C 4;ui vy—b Lill 11q d Cii 4:d DprTh Fr:r, 1T?:rjI City Council Agenda Item No. Oa #4 EI1JJ[IJ I U U U k"4 Uh'A I Mk [I) 1I I1U I DATE: June 22, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk \j,"€W7& 1Uit{ SUBJECT: Type IV 6-Month Provisional Rental License for 5147 Drew 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 5147 Drew 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 dwelling. The previous rental license was a Type II Rental License. This property qualifies for a Type IV Rental License based on sixteen (16) 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: 02-27-2015 The Owners, Frank Jin and Emily Zhao, applied for renewal of the rental dwelling license for 5147 Drew Ave N, a single family dwelling. 03-20-2015 An initial rental license inspection was conducted. 16 property code violations were cited, see attached rental criteria. 04-28-2015 A second rental inspection was conducted and passed. 05-06-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 05-06-2015 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 tJi(n' enhances the quality of life for al/people and presen'es the public (rust [I[I1IJ[I1 I N I I I"A U'A I IhYA (I] 1I IlIMI license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 05-20-2015 A Mitigation Plan was submitted. 05-31-2015 The previous rental license expired. 06-01-2015 The Mitigation Plan was finalized. 06-15-2015 A letter was sent to the owner notifying that the hearing before the Council will beheld June 22, 2015. If approved, after six months, a new rental license is required. The license process will begin within three 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. 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 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves (lie public trust [EWJ[J I fl I I I'A LA I IYÀ [I] ns'ii consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Mission: Eiisui!izg an attractive, clean, safe, inclusive community f/ial enhances the quality of life for all people and preserves the public trust II1SJ[SJ I fl MA L' I Dk"A [I) 1Ih1 WJi 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 Onlv) 1-2 units 0-1 3+ units 0-0.75 1-2 units -Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 1-2 units Greater than 8 3+ units Greater than 3 Type 1-3 Year Type 11-2 Year Type III - 1 Year Type IV —6 Months 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). j''fjssjoji: Ensiiiiizg an attractive, clean, safe, inclusive community that enhances the quality of life for al/people andpresen'es the public trust i1IJLSJ I N U DIk"A UYA I D [I) 1I WAA1 LicenseNumber of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units ,Greater than 0.25 but not more than 1 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 S or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: Community Image 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 BUILDING AND COMMUNITY STANDARDS Ttyi *fBWOOKLYN Rental Ltoenso Wig ation Plan Type N Le Hndwdtn MWon Plans will riot be acepe. A fllbIform tI1 b faun.'J on the Citfs wbta t ' ityo1brcioklyroenteroi or call (73) -3O ri elee.Mflca opy eit t Wi. errI, FropertyAddress. $147DrveeAvuN Owtia" Nsm(s'): FrrikJin$EmilyZhaci Local AritC): Ovner Add re: A r. P1yri-uth MN Age n t Adlrss.51WI PFo 12 Apmea Pht Ownes Emi: ernllyzhao I flci /gent's Email , Current Expiration Date:ct Pendn g ExpirIion Date; 5k monihs fmrr3 cumrt expi.mbun) 5Id on property conditions a tWor validated pollt incicIeril1 Via above referriciid property quolifies for a Tp 1V6 Mtrnth Rental Licn, Prcr toapplICtiU approval by the City Cil i fLr4 Ity ,00mpleted v1 ti1ior'i Plan itL he corrple1ed arid approved by City staff. A Migaltork Ran must he ooirptethi1 Immediately irk order to ensure tiniey carnpletbmT of the llnee pro. The WgAori Plan should nBo the tep belng taken b orreot iderified vo1oris arid the ru $r$ that will bo taken to erieure otigoing complianoawith City Ordinances rd opplicable odes A Miatlon Pian allwm 1he Owner and The City to review concerns and idenliIy pcsiIlc Fwlwllon to improve overall wndifforts Otte propity, It the Mltior PIri i not submiUe4 and all'iterns are not ccrnpld with In -the pending Erene period, ortFe above property oratoe boyôid the liiqense ertion date, entormt acWm., wc.h aE5 cithticin, formal cnpir at Pion review may refflL FIFu bmttn riIIciut Sections A :a 1 and C lopMe4 on , 3, 4, and, 5. Typiq • r P,6or.W FSti. 4-14-15 i1dixg ri Crtmniilty Sfandax4s 1DOPRAmewt wow. rJri1&1 E.301 uig CrkPtk/,WN 654 -24-:21 1HP Prf r-: 4J). I iTu'; 111 II ru.,c i7o.6) -3U BUILDING AND COM1%IUNflIt ST)ARDSCRY ofXIBROJrXN 47 Drew Ave License Mitigation Plan Type IV License Sections A—Crime Free Housing Program Requirements Phase I 1)Use a written lease agreement. The lease agreement shall include the Crime Free Housing Lease Addendum. A copy of the lease agreement and Crime Free Housing Lease Addendum must be attached to the Mitigation Plan when submitted. 2)Agree to pursue the termination or lease agreement or eviction of tenants who violate the ternis of the lease or any addendums. J 3) Conduct criminal background check for all new prospective tenants. If it is a current tenant a new background check is not required. Must be able to provide documentation to City it requested. 4)Attend a City approved eight-hour Crime Free Housing training course. Information for approved courses can be found at wNi!nincpa.net under the Training a nd Events tab. A copy of the Crime Free Housing Grtiflcate must be attached to the Mitigation Plan when submitted. Crime Free Housing training was completed onñs scheduled for: 41W- Owner or agent attended/is planning to attend training at ON of: IUA 5) Submit Monthly Update by the le day of each month. Phase II l?1 1) Complete a Security Assessment and implement improvements requested by the Brooklyn Center Police Department To schedule an initial or follow-up Security Assessment, call (163) 569-3344. Afollow-iip assessment must be completed before the license expiration date to verify the security Improvements have been implemented- If a Security Assessment has been previously completed, write the completion date. Security Assessment was completed on/Is scheduled for, Security Assessment follow-up was completed on/is scheduled 1cr; J) ia-o3 Continue Sections A, Phase Ill on page 3. Pago 215 Type N RfmtufLkerte Miki Pian,Rev- 4444 Cf efr1iytt 11dIng and Community Sla—Addxds DepaAtueitt w!w/.cnerrg 601 ShIngI Cre& Parkway. Braekly Cr5.r, MN 543O-21 ] Phn.: (755) a-333O I TTY: 711 J Fax: (76.3-5360 Ufl1DiNG AND COMMEJfl1 STANDARDS XIMCOOKLYNty if 117 u- Mqtkn Pn Type IV ne Sectfons A—CrimeFree HoV sIn-4Pzrn Reqillrement4s (co'thrHiØ Pae III R1 1) Owner or agent will attend t minFriiwi 50% 2) if th' A,R,M, mp- The AM meotings rnuit be completod wiThiti thin rniai Ocanse Period said efre the pendltiq Type V Ute, expiration date.1r1in ] not rqulrd, however yt 'murpt riiqn-in during the rneefing. Write two.reting dat-eswer orageril plan to attr, Owrterut age.ntwiU attend kRA1. meefings Wwduled : 2 Have no rep at axie vlolallorit p'ka&y dcumenthdwth the patyar The fôUwig .atiuna are irequired for properties with four 4) or more units. fl I Conduct resident training tirw] that Indludes crime prevenbri techniques- EJ 2) Conduct rgita' reskleril ttln p6fta Y;vpr, W Penf dipl-ft 4-1445 Cy 1 I 1T(: i11 I BUnMING AND COMWUNITY 5147 i/We N Rnta] na Mittion Plan T. V Lkra Sectlori-s----Long Term CapiaI IMPrOW-Ment P!art Based on condition and a, estimated replacement dat n, need to be provided foF cornmri capi1 items Funding should be coristdered aocordl4gly, Iterrus that are bokeri worn, or ohewise in votatioi prior to the estimated replarementreplacement date need to be rp1acd s a a n'r. Alitems must have a date for Eied Repr3Ciflt De. Date such es: 41 unsura don't ktiow' or when brke will rt be epted. If you are urAwteof when an item wlI need to be repe Y01-ft-an make a predicikrn based on age ap€ararkre, cotidion, or rinuifatureTinduslry re dons. MdiIion,i tnformation un Expected Useful Lire ua.n be found atwiidV Item Date Let Replaced ndtri ExpertedKePlaceMORMOte Emp!e' rfr?eer My 2O if MLa 2.020 Water Healer 102000 G 1O/2C2O Kftc1ien A,piLiieea Liifl&y Ppplia1l4e5 Snijce Ma rrnsi CrIn MonIde Alarms E xterior Items P.i(Scfinç F Windows Roof F 712 Fence tJJA Shad NM Garage F NM Dvewy 20W 13 -SIdelivaNg 2010 -0 Me 113 0 Other- Condiion ibT'1thonE: &da. p - chy of j3rookly d Cnthxrimiify Slaudwxds DupaAmoiat yrrr.'Jr Ei2H Shi rig I? CreEk P ik', rad. fV Ceri1, 1 P M ow. (73:i 5-3O U TrY: 711 1 FaX II7€ -36(J B1JTLDIO AND COMMJJNflIt STAN ARD cityof 6147 Drew Ava M RJ LlcPe Mitioat i onCIENTERTrp V Li 50 0 6'nsC—eIJ5 to imprave hTan ag ernant and Conditions of Prcipertj Thi-- 11ams in CtIt) pjeriiManageMentand property The following ac ti o n s '[li Check -ira with nnt svay X-days. [] 2 Drive by properly to iecil for p os 5lbte cDde FV_j E viot tei ants iin vk4lion of the le as e or any dderidum 4) Rvn ain current on all uWity fees, ta.kas , ass%essme nts.,rie-, panatties,and ciTh& fiJal da l m s^pm ym e nlls due to th e City. The fIIowii to wils reqttLrd by the Cty . [j f) Prm1]dr lawnfsnowoe rVme . [III 2) Ptñi1a g arb a ge servicz,. [1] 3) hitalI eecurity ysIrri El 4) PFDVkfe m nt.rar wvie p1n 1r plarce N a m e S) Otfier; if Uie Type Ne-6 M o nth Fnti License s a pproved ti- ci CurdI the lin&e nhi rriy willi the apprvei Mitieiti PIrt and allAppil 'br aty Codes, A writter rep o rt must be 5LIbrnItted by the 10 " d ay of, aath rnnth with an updateof at-V o kU. being tkeri by the owner nd1or ag e nt to compry with this MIttIon Plan. A py of the Môhl' 4 bLR fUt Oifl pae 7 A fil1abi can bE fôind i the C1ty veb5ite at v cifbryncntor or .ai1 763 -33O to have n elEdronic py iit to yo 1hria Mail. PJir atta ch EddhknI info rm a tt o o j(:flary. pagej Tp JVr'J Lrii Pi. i. 4f$iL jf' n fEraoklyn Cm B1Liig iiA :fll 1adm*At Lbrcrn1nrJrq f13-331 SNn CrEk y. Bii Crr, .IN E(-2' Plr: { 33D [ rrv 711 F 17!&) 9II 1PThDLNG AND COMMUNrEY STANDARDSj Ciiyof IBROOKLYN j51 17 Ur o FT en1a L v?ne Mitrgatij PrCENTER L Te IVLk sbull arid Verify \rIfy that fi1itiDrI p'i'4 is trup and accurate, 1 underatancMiat If do not comply wiTh the privd Miff 1irsri P12n 1 compikywith all Items thtn th rkeie period, ircperate byOI4 the icerl --?e expirafion date, •eriforc2rnfl actions such as citafirons, tonTjaf eornpIrLt i or kense. re\iew may ri1. ErftyMao Qwnri!! N-rjq' Th.E (FY Prfti) 1irAg8n SirMur Dak 46,wi. 0 Woofr A genTJmr dnd TIti Pi& Pnn'J dc3.thrirrrA JEitiui ?ppfk'-e1 08 tip Gfty ,3 fa ft.onfy PI £'eptr11%'1 T) j(tt Jh1: jricf Cornmw?r drdDff.wfrnan f L Zoo Darg frm W. $$4-i5 '14t d Ebi hirijIt Crth %fliwny, L9r"-Alyn Cmtar, M 1321EI f Jhi-ie t7ED) 3-0 t TTY; 711 City Council Agenda Item No,, iCa #5 COUNCIL ITEM MEMORANDUM DATE: June 22, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk 14M SUBJECT: Type IV 6-Month Provisional Rental License for 5432 Dupont Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan and issuance of a Type IV 6-Month Provisional Rental License for 5432 Dupont Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a 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 nine (9) 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: 02-27-2015 The Owner, Xiangming Guan, applied for renewal of the rental dwelling license for 5432 Dupont Ave N, a single family dwelling. 03-18-2015 An initial rental license inspection was conducted. 9 property code violations were cited, see attached rental criteria. 04-16-2015 A second rental inspection was conducted and passed with weather deferral. 04-22-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 04-22-2015 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 (IU attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [ES1IJ[iJ I U I I k'A S'A I ØIhYA [I) flI ]iJA1 license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 05-13-2015 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. 05-31-2015 The previous rental license expired. 06-08-2015 A Mitigation Plan was submitted. 06-11-2015 The Mitigation Plan was finalized. 06-15-2015 A letter was sent to the owner notifying that the hearing before the Council will be held June 22, 2015. If approved, after six months, a new rental license is required. The license process will begin within three months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust EO1BJhSJ fl I U kTA VA I DIk"4 0] 1I IlPJh'A I seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy -Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people andpreserves the public trust SiS1uJIJ I N I M U I Dk'A (1] 1IhI PlIih'A I perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type 1-3 Year 1-2 units 0-1 3+ units 0-0.75 Type II - 2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 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). Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of ilfe for all people and preserves the public trust [EI1lI[iJ I i M 1k'A I'A I h'A (I) IJI 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. Strategic Priorities: Community Image Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, S(ife, inclusive community that enhances the quality of life for all people and preserves the public trust BIJ 1111 ,11M NL tJNT ;i'ND1UU)sCi cu Llcr M tIJLii TYne V L1ri Har? dvi Ff U e n Mi ii D n F!ris V.01 11.o o Y Ije A iaii form va n he fa ri d on t Cit/Web .1 * cii fbrnoktrcrrq or Ii 763 9333 in iiji ClEcrrIjc c-p ierd toyou viii ernaL Pmcerty AOrE: aiier Nd1fluj. Xi riin Local Ar: U rba.,i Erierpil cwnei 1 s Acdre&. 1417 iLl) a1re1 r 57U O'ier PJiupe: 0f-.)Q ^-4 -5 2 I - 1 Owner Ernal L E[)U Current Expirati on D: 1ith Agents Addrf,,rz,: 4844 ioi gweni)R F4)1lfl -pQIl s i1?,; Anta Phone., i52j th54011 Agent Email: prriioJJrbnrant,om Pe.ndirg ExpIion OEite: 11a(Ji5 (: rr TIFE f c M C k 17 0 I'l pIruflfjn Based on ppe -y conthir nd1cv aIj pofle rujñce incjdejiL 1 the above refrnodpropolty quiie : for a Type Month Rria L!oeris. Prior lo epp jag tkrj a ppmuel 1y he. C.iyCouncil fully rompi*d Mittln Ran must be oamplethd arid approved by Cl 1J stall. AMitloaLkin Fiii ir1fbL rpeted imrndia1&y i n ord.i t o ar'jre 5inJy completion of the licens eaJpiicaon proce The Miti flon Ran should ndie ths steps b eding taken k orrt IdeiIEolntkiris and the m e8..5,j ;FEjs thee wfl, be tareign to eriure onqIn coriprano vith City Ordin a nce s.and aDpIicb rude. A Mitjoi Plai- allows iie owner and th C1y to cievi c-orem$ ndkJendr- abl oiuions t irnproe cvariIl oidiion of the pmpev. f the FMii9aUon Pl a ni notsubmifle flL an l[en-ia re nai wmplel i:d within the P e nding ierie period, or the above propertyO,Peretvs beyond t1i lense epirio ain entoroemen ns s uotk i5s cithtkir fQri& rmplintOT lien5e rviewi -rey rsul[, efo!C ubrrithnq. fil1.otit Stic'r 4, d td -'i D 2., 4, eflt1 ii] 51rl Cc!Ik Pritj. Eli thyr C.rkr, ?.('1 Fi-c. 7Li) I Ti: n1 I F&: 7') -i) I -, - -•rFjti1 L in Ii Icj2 1 icr AP 0 Fl A -Crini iv FMA- p, o 1 1ng Pr;rn p equirma 1 U wr[tn !ei rerrnt The Jae qi'rn -iI sh[J Iic 4hu Crr'i FrF'IOL1&1q LJ9aSG AddrjLJi-n. A iopy of the fe ami :ncl rltme JreLLa AddTIdum metim b tthi mp thi ttjn PPri whr4 subrntic4d. 2) P4y.E t pursue th or Ie ¼ jiemert or eviction tenaith who iilt&k'rm- of I Ia cur any addfldIrnEi, 7J 3) Corfij crinl.iliai baEcRground chec?, tcir all new rpc1ive t&riant& IF ii is aV currr9tteiiirI riciw h k -cjun V, check Is rio I es qurJ. Must be a In e t o 'Ad orurn1aboto c iy 4 Acten] v Guy approved erq C;rinla l-r HusEnq tceirwj rout. 3rk)cn1tIc)fl O(ap proVe.d rcuurs es; vr bi rrd a I wkvof , nrp - e[ urc1Ei t1i klirl 9 1erc Eve thbipy of th 2 Cim; ffe III cl us I ng Ce rt Macat mu b' ttc1-d to th€ D'1E9L1*JiPlan Whr mftc, Grine -h:FLsiIo r2Iltiinq va s cor1ip1eted a Nis. sinhedul-r=la r: Owner tr .cint tt''riddfi prrtIr to 1Iro city of-, [] &rbnii! Monthly LIe by the 1 O day Of aazch month, ii: i &cudy rd irnp[mrji flPrOIrmfl re tretEd by131- FRA' C'rte T PIfte Dprtrni-i1. To swc hed'uie ar1 bIIiI o r fol low-up 6eruity cl {763) 669-3344. A 11owpiri1j mu( 32 npIer1th ip !]ns pirirIEIr thle 4'j i,rlfy the ec•uritv pr rerUs ha I14 imriepttd. FT Scuiit Asmr t ha be,r prEMouly 'rnptEd, wr1e thccrnp1ElJQr daj, ScLcJry smani w compleeJ oni. chathFhd fcr; GiIEt5__- :e.rit A -rent 0 r Io- jrp w rnpleci anis schduIaE br: aaa"S 1k0rtiueS€in 1 4•_t €tL)1 tri! P.5ch'.v. ociik-1 iTY: 711 k, J: (33 E;&j-33ijO Dirrl eni - - - - fltE L(r,.th t!1 : S4ct4f1 A—C -nm Free IL J71 ijr or E IIt will lewI at, mirlirnuni &% (2 f ui-a A.R.' r1inQ& Th AfUL rijF niu be omplGirJ w1h1r tha rrrti1 licenmse wiflod FkTI,d hcftr th pndIr Typi V LI-cG-riso egpIration [i-rL Is riot rqurrJ, hvru rndL ri-I1i dI.?rincl th rir'U, WJ tffi fmlo -iting rj,3 Wn, art owner Di a porO o llarl 4i c)I1&OJ jEfl wi! tterid A.R.M. rieiirs chduleii on: 2) Hv r rt cth vloltôn.pr rc'I. dtimeril iIh Ihe p yr. Thorwnactiori requiredor prpn wTh I rA i' f 4) ct more unTt 1) Gofiduct fesideratr-kiin iuIi' flt IrcIiiE-s crimo irVnon achiu j 2 Cond.l rer rein rn -tirig (Vi irr Tti. 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U14.Ltrze <FiMori m i{ J6d th b a replcd, you C;fl;i.e J re.cijc;tkn b -erJ n th-. pp iErice, cardiii)rj. ot Additlnffl rorriaUcn o C t E 0, i)efiuj Life Csr be P a 1 lomm.,hudiv, ItIT) EXeTIpr !1Jt He*r rre V'ki& Hetet Kitc h en LarLdry Apian Smo} P 'Al rms/ CarL,orj Nb FICIAde Al q rrris !)ti La plo1 My 2 U) FE b ZO1 J?fl 2I] JM 2 CID L J a n 2flE Feb 201 Cri1t Epvtcc ep1ec lent D.ile F May :2 020 Feb 2O2 LF1 jfl EF Jri2i] 1 t Rmt. 201 6 teiol em s Ffiv idino q 201 VfldD'h'5 ----\iL t ROOT t!hI2&1 --j E 12 115 Fence hinn.20 Shed -_-- Garq s Jan 2C-4',),q --Jan 2 Drlv ifl 2&IU F El An 2024:' Abfvfçjii N=N N'cl RUplaceni=R p_7p W I ito- Pkn. 4 r4- L c'iG3O lr-ili C IILI - Ef1tir 5-iil 21F F i fri. 'I I 711 Fc: (7i E33 ji)r - r r r Type ' LIc i sot a C t.ps t) "v' iLfri riFropryTJiE ier?.-i - Ifl 1t tiEve 'C } 3S I's ! WEh rpy L rrL rg n end riig.Tri. frIJ -icj L!J 11 Chek-in with ants everyRJ 2 Drr'e by prri o hck f -rib17] ½ VOfti1)rI c ihE J or 'L M hi -w-rent rn i9li utiliVy fees,1a rLt tin, pe1'r rdfitEflcsI dUe 1( t.h ilv. Thi t' ptç ti r'qL3Irri b the CID/, ) 1 QYid ii L r± :er'{.I? riir eeuiii[1 4 ivce rn.i ennce ric pari i OF c,ke L_J — If the Type IV Monj RrI Lken ppmv1 by ithe CRy Courc, th [cie 11pwiTh the eppmi 4iii.ain P]n er]cJ It JIICME iti C d a S., A wrft prt riu 1eThmiri by the 1th 1th an &d.tof jacti-Ords bel ,nn ta1n by jot O Amq r flior'mm Tc, ')rrI]]V wiLh this w1 IqiIon Plan. ?, copy Nhe MoThIy Ltpd can be found r47. A fill j€' on the Clty websftE w cit'j ibmcj er.rg cr OaII(73) $G-3Q b n &etcr -ri copy Seni o you via emeI, FJe afach ddri info Papa ID: rr - - - - .- iii. ier Dptc621 9htnt (:rekwvF.r:'--p E., IOE i7j .?I 71 7"Y:760 1 I Fi;: 7EiJ 5a W4j to —, F;:1ff[:e D8-Trnenj •j• -4r ) ) £JTFFk I 1',& ftF Iirii jft ôij'vi I IpIf Lir Sgi VrIj J rit'j IhI U inl L rue rJ ci I lift rsiriU U if co nil r1pI? wiIiiss Eppried !4iFktion P;i cirnpI# iMfi. R i ll Ii i rr vfi th IIieri Oi O r perx. I Gira L. irid th rcio thl, riorcrnii dc(!on IjL:h Itatluri., £r -ruI npIr c [ir vi'my ruFI, Pri-,riI F frjriar:j cwn&r'q ni rd Fthiri ,I ) --- /- 2fl1 Qjr f/fli, I)d )'& P.!E Pm?!i 'I1 Q Li r v fl j 1i fgrr;, (fAp&I,kJ iokr:J- J ,ql I Llii:i I"LCity Q j7 ,jyjj C .FM i-1th -rm 9COIAIYuunity-,^JELu L . a-(3 -j 1 S thre jjr.iLr1 lqH' 412 1 Pivr ?5! -33 I TIY 71 I :4: 17Iil -:33I City Council Agenda Item No. lOa #6 [S[O]BI[i1 I S Ih'A UhYA I DhT4 Li] 1II WJkA1 DATE: June 22, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 6907 Quail Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan and issuance of a Type IV 6-Month Provisional Rental License for 6907 Quail Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family property. The previous rental license was a Type III Rental License. This property qualifies for a Type IV Rental License based on eleven (11) 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: 03-12-2015 The Owners, Tony & Carmen Holder, applied for renewal of the rental dwelling license for 6907 Quail Ave N, a single family dwelling. 04-01-2015 An initial rental license inspection was conducted. 11 property code violations were cited, see attached rental criteria. 05-01-2015 A second rental inspection was conducted and passed. 05-20-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 05-20-2015 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 coininun fry that enhances the (Jilailty of life for all people and preserves the public trust [EI1SJ[i1 I fl U DIh'4 UhYA I Dk'1 (I) 1tI P1IJ I license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 05-31-2015 The previous rental license expired. 06-10-2015 A Mitigation Plan was submitted. 06-11-2015 The Mitigation Plan was finalized. 06-15-2015 A letter was sent to the owner notifying that the hearing before the Council will be held June 22, 2015. If approved, after six months, a new rental license is required. The license process will begin within three months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan, The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of fife for al/people and preserves the public trust I1IJ[iJ I fl I N Dk'4 I I (I) 1#I I1IJk'A I 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: EnsuringEnsuring au attractive, clean, safe, inclusive coininwuty that enhances the quality of life for alipeople and preserves the public trust COUNCIL ITEM MEMORANDUM Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and. Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I - 3 Year 1-2 units 0-1 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 - =3+ 1-2 units Greater than 8 units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). License Number of Units Category Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) 0-1 0-0.35 Greater than 1 but not more than 3 Greater than 0.25 but not more than 1 Greater than 0.35 but not more than 0.50 No Category Impact Decrease 1 Category Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for oil people and preserves the public trust S[I1IJ[iJ I i 1k'4 U' I k'A (I) 1I WJ!Ai Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: Community Image 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 COUNCIL ITEM MEMORANDUM 13U1L INC 2I?D COMMUNITY STANDARDS CiFy! 13R0 OKLYN CENTER Rt Lrene Mitigation Plion Type V Uceiie 1ndwri MWgafon Plans will not be pWd Afillable form ari be found or the Cty t vwijOb [yreneror' or call (7e3) 53t) to eeoronia copy t. you via emiL 07 iuiil Av N' Owrier rrios rmn Hjkfar Owner's Adde; 7723 fork Lane Nt iFcIin Park. MN 5544a Owner Phone: 7E 6-2G2 Ower'a Email'; choid@grseocorn Cuirrent Exp&athit Date.; m iis Agent's Address Agents PhcHi Email: Prid]r ;E-*pi tat ion Date: i1 iso 1l 15h frtoUfri ff.npirLNIT Based on property uondiUijn artiffir val,;O-ated police nufran Jii[dnt, the above rerce property ria for: a Ty" Mrnith RetI License. Prior to ppIrcakn approval by the City Mry complated Mifigatiork P1n rrrnt be rnjieted and approved by City A Mitigation Plan must be compfeted immediately i n order to ensure tinie1 ompin of the i[cene application pros, The Mitiga&n PIti s1idd indicate the steps beMg taken to kMi vlalations and the rauns that wIl be taken to ensure on&rig -cornpli-ance with City Ordinances CJId appicabre c'ode A MiU!ain Plan alrows. the owner and the City lo review Corerns and ir5erit1'/ poibe 5olution s Id Etyipmve overallondWort the property, if the Mltitiii Plan not 5ihrntted, and all Items are not completed within the pending lee period, or the above property QpeTaes beyond th iere expiration de, eforcmer aci[on' iich a oltation, icrmet oiplinL ar ierise relliew may Fsult. R-Opre submitfing,JlLoiit $ctns A, S, and C icivted on p-agas Z .I 4 and Page -/ ryp e JY Lte Wgiii Fn, ,'ei' 444-5 City OMXOORLyii CM Cny 5i f01 hirIr. Crs; PlarkkarV, Ekym r1r, MN ?-21 Phcin 1T'i: 7 11 [ F.': I7') E-3 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust BUILDrNU AND COl MUNfl 1T STANIIAIWS 007 OWN[ Avo No,RRT.r^^KR?CENTER Re ntal Lii Type IV 1-too nse Sti A —C,*ii' Fre e Wiuftg Pro9rm Req.ufrmen Phs I T) Use a wri tte n ree The ka rment thalt ffic l ude the C, rfrrio Free Hung Lease Adda Ourn, A copy iof the faso agre w an t and Crinie Free Hou s ing Lease Mdeiidrn must bel at ta c-hed to th Mttn Man when s ubmIne d, 2) Agree to pur s ue the temni natlon o rese rereri r ten a nts who Ete the terms of Ihi tease or any addethrn,) Ci nduct irininat back roundhe'k to all w spective If it s a rrrd - tenant a new b rourid check is not equrei PALost be able f o p'k1e domth1Jn to City if requs1ad. [] 4 A ttend a City app roved aht4iour Cfiie Free H ous^ng liainfng ccut's8. Informati fçg ,approved courses can h foind at vwwinopa net un d er the Tra ining aEvns taI A copy o f the Crh-rie Free H cius lng Certificate 1Muj be att a ched to the fifigatl1otiPlan when subrntted Criynet Pie H o using iraWn.o waz comprsted ork.tis scheduE'd tar; Owriei- ert ater1thI pIannin b attend trin at y ef; YJ 5 Subm it M o nthly Updazp by the I O day of each monlh. PhaeII 1) C ompl et e a Security srnent and 4rnp1erner iniproviant requested by the Brooklyn Center Police Dpnent To sthdu1e an Wtial or oIw-p SeuCity Arrd ca1 (763) 56 R-$344. A IoIkIw-t!p asses s mont mu s t be complete d before the -e exphaiJori date to verify M eud1y i mprove m e ntahave bn implernented If a SeurIy Asessni€iM h been preti I' rnpIeed write the mp1eliri d ate, UAesrnet w oorrkpleted onrissehedured for ,, 2ewity As stnt folkiwup was trleted n/s chdu led tan LaA4 S, CotIntie strors ft Phase 111,0a pe 3 . PaiN 2I Airi1'? P1'.-ui, 'C i ty if Ir i1yri RMI dinp arid C6ftLrnuni l y D4pT1fl jiij S h1rtl m e -_k BrcikIn ci1, AN '-21 1 Piw': [F EZ-31) E3-30 j TT(: 7 11 flFa r: J9-3EO BTJJLDINC AND COMMUNITY TANfl2R1 ity ci! FOILYN F) it 'e iENTER REfl1 Ls? Mitigation Plan Type V Lse Sections A—Crime Free Housing Program Rqtilrn. E1fl Phase 1i Ld ) Owner or aert will atteridat rnhiimijni 50% (2)f the &R.M. meetings, Th A.R. rnethi nut be completed Within the rental Icen5e perkd and batoic the pending Type flF Ui pIrar datia, Risft1iri is not qiird wevryc riiut giin during the meeting. Write two meeting datesan ovyner or agernil ptanto.. g Owner or agent w1 ailend A.R.M. meefings setieduled tvJ r 2 :i F-fave no repeat cede virilations previously dcicurrritd with the past year. The fOOWl ng intions are reired for PMPOrti0il with four (4) or more urnth —I 1) Cidit fpsideril tinin that liuds uirrip. preventiOn 100firINLIP-S. ) C duct eàr rednt nie1n. Tjipn P] tkere.w MiirIoi Flail F?'ii. 44415 City cif ky C —uiidtj and C'iui&iy StandaAls 6E1 !iIrl CiE: FfkVy, Erixiklyri Qenlr, MN ii219 1Phii: [7 1 1T 711 1 F: (I) -3 BUILDING AND COMMUNITY STANDARDS U7 Renta' LIcjie MEL1aL1n P12flCENTER -- Tp IV Lte SetToii B.—L ong Term Cspit irnprQvemw1t Plan Ba s ed or co ndifl o n and atp, etr ted rp oerrnt da t es need to be pôuidd for comm o n capit al ferns. Fundn hikfbe tiired ôrdintj. i tem s that are broken, w o rn, orPhNIIin vkiaLkri piir to the e.si.irnati rIar nd be rep1aed cjcner. Ai[ itarym niiit have s fe for E sfimatedPep!acerfjent DatE', nsur', ort know', Gr 'whn roken Will ri -at be aceptocf If y ou ac un s u re o f n itUi w i ll need to be repiaed, you make a pred]tior bad e, pprm ndition, ufac tureAndlis tiry recQmrnei1deffori Add itional I rrrU ri' pcte'i UseI Life an be found af%v v.%q-Ihijd .g Ow Item Date Last R eplaced dtr Expited ReEconit Dat ip?e: IrHeaer My 2010 P May 2020 N ova rftef 201 0 ri - -em w., Wafer -eateF tibJ 7A10 0Eflb22 Ken Applianefs seo tE1LYw - Ugu nift Applian c es S rrike Akmf Carbon F ricixide Al arm ,;Ncic9rnbr 2011 Nt',013er2015 Ecteriar Rem 0ernb'r2ULl4 F 00nt 2024 F Bete rnbw - Roof JuIEIcI7 Fence rift, - -nea '1" 2004 F Garage F 0 et6 mber.20.24 D.rivay rr1tier 2Q04 F Dmb'r2)24 rii Wa Ncvmbr2iFtt refrrBtcir Jun2O13 i1in1 NN Guctd Fir=F Heads RepimentR Pap^ 4A35 !1:08 JV Rr]E ATC riur P3r, Rw ,City o ffrOkiyii and Canununity -'1 SIrik PAW 421 I hqr; I?L3 TM-711 I F E9- BtILD!NG AND COMMUNII1 STANDARDS City aito OKLYN6 4,LN Cu.I Ave NG CENTER R e ntal Ltcris M i tigati o n Plan Type , [V Lic e il se St1 c —steps to improve and Condiflons of PrtperIy The itis in hi s er-tio n h a ve been pvn tci as si s t with property rnt and ppery im ag e. The f&wfr ar.0=5 a re requ]rd: i) with tena nts every 30.4y. 2 rive by pToperty to check fo r pb e viatior evict tena nts, in vio lation cwariy 4)Rema1ti cu e re ni on al l titHity fees, kxes,, asses s men 1s , finL5,5, prtaIt, and other firancIa1 dal /pym11 -doo to the Cfty . Oth e r: Tho following aefions are opflo na l unless rqurd by the C i ty. 1)Provi d e LwnJiiow service D ri 3)Iri&thils ecuri t y 4 P1oiide rrllrLteF1 r p.D pb ii Ioi- ppIiances N a mea.. of a ervioa cn rnpart y: 5)Other: If t Typa W-0 Mon t h Renti Lkena is appitt by the Cily CounciL the iicree must cmpty with the prfved Miti g ation Plan and, allaPpIibI City Codes. A written r e p o rt iius b uhrttd by the 10'day cd e ac h ninth with an ipdM of a ct ions b e lng taken by th e andIFOF ag ent to c o m ply w ith this Mfttri Fkiri A copy f th tnth1 Upt c•n be fDlrnd on pag i A flhllthle Form can be found on the City w e b te o r It {763 2O u eleDnic copy sent to you via eM-I. r1.e tthth addition a l information if P,3.90'W),,- i'He oa r Lke ose xffr^qp rftn Pfar .c. 4-4- City C1EBM61dYA C r iidi efsp I $hgIc r1iI C'rr, MN 521 Phn; 17) rW: 71 F .TB J COMMUNITY STANDARDScityiaf BROOKLYN 8^07 Q11211 A F1 - Ln M]ttc,n PlanNTER Typ e IV L ic en s o Sign d Verify iif' 11h a ll?J i nforma Wn. proided is R uend ac'ur. nrsi' Uiat if do cmptyw]thth a pprov e d Mi1igtIorb Pra,,rripIy with all itemi s within th Rene p e riod,r opera te bynid the k.?erbe cpIrtkn thite, c nfo roe ment aGffm s s uch as itaHoi, foFma I compfaints, orIknB review ma y rvft. — 2i -i1ki i/U{f T1'& (Pse Pn. OrvAt&if Slignpfure Ad-Mmaf &eaee of AgenimJ5 TWO Pi P,'wi City sta ff O nly / P& DFtTnI cf- a flr Gtmwy S9dr0 th&,rJ mie SIB TVP v Rd cir 4r1c,n Alm?. ' city f irik Clii =,R Commula ll y 9tand mAs DitL1It n Gsfite-y, MN 554M.21 LK? I TT-(-- 711 City Council Agenda Item No. lOa #7 [i1II1iJ I fl N N Dk'4 S'A I Dh'A (I) t1II hIM I DATE: June 22, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 6337 Bryant Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan, Resolution and issuance of a Type IV 6-Month Provisional Rental License for 6337 Bryant Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family property. The previous license was a Type IV Rental License issued on November 26, 2014, on condition of adherence to the Mitigation Plan and City Ordinances. The property would qualify for a Type III Rental License based on seven (7) 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.e 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 all people and preserves the public (rust COUNCIL ITEM MEMORANDUM Current rental license approval activities: 12-17-2014 The owner, Park Avenue Homes, LLC, applied for renewal of the rental dwelling license for 6337 Bryant Ave N, a single family dwelling. 01-09-2015 An initial rental license inspection was conducted. Seven property code violations were cited, see attached rental criteria. 02-10-2015 A second inspection was conducted and passed. 03-31-2015 The previous Type IV Rental License expired. 04-22-2015 A $125 Administrative Citation was issued for not meeting mitigation plan requirements. 04-23-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 04-23-2015 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. 05-13-2015 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. 05-19-2015 A Mitigation Plan was submitted. 06-01-2015 The Mitigation Plan was finalized. 06-15-2015 A letter was sent to the owner notifying that the hearing before the Council will beheld June 22, 2015. Prior Type IV Rental License approval activities: 06-20-2014 The Owner, My Truong, applied for renewal of the rental dwelling license for 6337 Bryant Ave N, a single family dwelling. 07-09-2014 An initial rental inspection was conducted. 52 property code violations were cited, see attached rental criteria. 09-29-2014 A second rental inspection was conducted and passed. 09-30-2014 The previous rental license expired. 10-08-2014 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 10-08-2014 A Mitigation Plan was submitted. 10-27-2014 The Mitigation Plan was finalized. 11-14-2014 A letter was sent to the owner notifying that the hearing before the Council will be held November 24, 2014. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust :EsisJcJ i u i to uswi Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5.Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1. Determining License Categories. !t'I!ssioii: Ensuring an attractive, clew!, stife, inclusive community that enhances the quality of life for al/people and preserves the public trust COUNCIL ITEM MEMORANDUM License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4. License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust iEI1SJ[IJ I N I k7A L'A I 1W'A 0) UI IMMI 3+ units Greater than 0.75 but not more than 1.5 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 1-2 units Greater than 8 Type III - 1 Year Type IV —6 Months b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-25 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 1 Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: - Community Image Attachment - Mitigation Plan - Resolution Approving a Type IV Rental License for 6337 Bryant Ave N Mission: Ensuring an attractive, clean, safe, inclusive community that en/lances (lie 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 6337 BRYANT AVE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 6337 Bryant Ave N, was issued a Type IV Rental License on November 26, 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 6337 Bryant 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 6337 Bryant Ave N, Brooklyn Center, MN. June 22, 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. B11L1 INC KM COMMUN1T STANDDS City ofBOON Renta' License iUitatiQTi Plan CENTER TYPO IV Hndwritt MtgtJoi Fiars wfl! rt e pcL A Iabe fm i b kjjnd on the Cit website at cir ca ll 76) 933O to have electraniccolyi rsent to you Via ernJI- Prop€rfy Address 0337 rynI A e Nrt 847, iükfl CErIr, MJ E43O Jwflr's (s):Park AveH'rr LW Loa1 Aeril{s) Sophia Phc Dwrber AcHreS L 8IatsaII ?ve u1 ti2 Aent Addres 2400 Biisd'1Ac South 2 PAinneep-blis, MU 5404 NET1 rIpD1 MN 5 5$c4 Owners Phone ii 481-0820 Aeris PhinlC (61,2) 481 132U Owner% Email rt Agenes Email p aaiioriiiC@mJi corn currerit Expiration Date,(1 Pend 'r Eirhon Date g 2,[4 pj ç ( Bad ci properly conditions anWr vaidLed police nuisarI ncklent5 i the O"d referenced property quaIifle for Type 1V8 Month Rental Lcense Prior to applic-ation approvrl by the Cily Ccicit a fully completed ti rk rflMi3on Plan be compl andeted and approved by City staff. Ari Mtiior* Plan must be completed immedfately in order to ensure irnely cômpltln of the. applitioi process. The Mitigation Plan should indiGate the steps being tlen to correct identified violalions and the measures thet will be ttheti to ensure oin rnp1iance with Gity Ordinances nd pUcable cd€. A Mitigation Pta-n alIow The owner arid the City to review and identity po&bt solutions to Improve oeraU corditk'n cf the property, If the MitaIion Plan Is not bmItted 1 2nd all iterne e not completed wIthin the pending IFen$e period o r the abeva property ape-rates beyond the license expiration date, enforcement actio fl a such a cIthtIOfl, formal corlaF4 or Iicei& review may reault E3*fora submnttthig fill-out Sections i B, and C- located an pageg 2, 3, 4, and rVpe oVAgw a rLiEurse V. n-f 445Page 191 City .4po1dyk Cent—ui1cIi n4 Cori1nIkuLliy H ianthi -ikL 3G1 in Ccee1 Pa1ey. Br.F1ri Can r1 i-21 :P.hcr I The: 711 1. F -- tFfliDiNC AND COMMTfl STANDARDS CLyf rukjflj MN554i1 RritaI Ura M]tI trCENTERType IV 11-tenseMJ Sections A—Crime &ee 1-busing Pro gram Thqufrements Phase I 1)Use a written lease agreement The lease arirrien hll Include the Cri m ee Free Hous-Ing tease Addendum . A copy of The h3ase aç rment ia nd Crime Free Hous hi Lease Addendum must be attached to the Mitigation Plan whet euimttd. 2)Are to purse the termination or tease agreement or evirflon of ieiaMs who violate the terms of the ease or any addend UM ) Conduct crimiiat batkgfaiund chk for all new prospective tenants. If t is currn view bakgrrund oheok i not required Mt b abk to provide deomentator to City it reques.te1. Z 4 Attend 9 City approved eight-hourGrimo Free Housing traIr Jt lnfDrrnalion for approve-il courses can, b found at ww,rnnpa.net under the Train !r and Ev9n! Lab, A copy fthe Crrne Free Maus] ng Corti $1cate tin 1st be attachedtG the Mt[jst[on Plan when subrialitted, Crime Free Houng training was foompleted onlis scheduted for 2120113 Owiler or agent attendedAs piniing to aftefid bthih1g at iti f.ng 5) S.tbmit Monthly Update by the 10 " day of each rtionth. Phaa II EZI 1) Compete a Seewity A snent and Implement rflprovements requested by the Brooklyn Center Police Department. To schedule an initial or tlow-up Security Aseessmnt, colt -r7G'3) 9-344 A fwip a8sess rnort must be coin piøted befort the tten5e expiration date to verify Tie sem rty ImprovemenlzImprovement have been ftrpernented lF,9 Security Assessment has beri previously cornple1ed1 write the comp1elon d.at. Secirriy Ass ment wau completed onus scheduled or 7/14 Securftr Assessment low-up was , mpleted 001is sheduld fork 611 -all 15 Continue Sections A Phase, II on page 3 IV. Ik-&i ulfadbori Fwt. Re7sr. 444.4:; City 101 Bron14y and CoirkimunitytazABJ 6301 5hii-1 P}cç kJn Crit'r, MN 4ir flrjr: (763 ) I iTh 711 1 F;c (6:3i -220 BUILDING AND COMMUNITY STANDARDSCily f --BEOjN Rental Lie MitigatiOn PICIEW ER Type IV License Seti A—Crime Free HousIig Pro-g ram Requirrnns (cic). Phase III jJ 1) Owner or ageril wW Retd atmirmiJm .50% (2) of a A.R.M. Meetinos, The &R.M methigs must be cornplated with the renta I license prbd and befors thG pending Type iv License expIration efate, Registration Fs not required, however you must Sig n- during the rrieefing. Write two meeting dates a ri wr or agent plarir to Owner of agent will attend A-R-M, rneefirigs scheduled 'n; 2) Have no tpet code violations previously docurrielited with the past year The following tions arD req u] rd for properVes with four (4) or mcre IlnFtL LI 1) conduct rid mt Iraining annually that includes crime prevention tecirniques. 2 Cünfuit rebr resdeiit rneeUngs rv r, e rr ,km- mY.;ga6arr FYBJ? V. 4-44- City afl.1601dyu and Community pimcn 3'i1 &kmy1 tar, P1N 6 6430-2i 1 TTY. 711 I Fax (73) BUILDING AND COMMUNITY STA"- DR k C VNRe nta l Licen s eian Fran Type IV Lic e n s e Se c tions B—Long Thmi CapItal irnproverzientFIzi Based on c oki d il lo rja nd age, tnia1ed rpIernent 4 a tes need to be proked for c-ornron cap it1 items. Fundings hould he condered rordirdy. Iterkis that a w biokn, worn, or otherwise In -,iiol a fiDn prio r to the e sfirn ated replacement dale need to b repIced ooiier. All [tern rnut h 2 Ve a date fo r E5im&ed Replacement Date. Data such"u nsu re", drt or "whe n brokerf! w i ll n o t be accepid. ycLI a re tMC f when an item wi[I need to be rep1aed, you can wo'kea preditlion bed on the age, ap pea ra n ce . cond ition , or man Lifacture rind u sty Additional inorrratiori D n Expected U s e ful Life cr be found a t vi vvw.1hil d .-qo-v Ltern Date Last Replaced Cond[tte Expected Repl a ceme n t D a te xr?1Ø: Wr He a te r My 2010 F Ma y 2020 Furriae Et2014 V'/air H eater Upt 2014 G ch ext- kirI2GZ1 Kitchiqn,Applfanc-ea Se pt 2014 G t42024 nd ry G sepA 202A Smoke A5ams/ Cibn M o no We Al a rni &Ept Ch inc kso IA201 5, qLl Lp^ PI 2 O 14 G Se p21 Windows J3t 204 G PI 2014 Reef pt 20M sept 204 Fence Spt2l)l4 Sept2024 1e41 Ga mge Sep 2014 If F4dc1 Sept 20 $4 D rieway 201 $P4 204 Oilier:._____________ Ccndilon M o ds RpImBn1R ,R^ap 44 W ita LkiE&t?&e !¼Ir] P&1 4#4 tM&AIYA cn 1iii' an d mity-taarie Department 6301 Shiqj C-M^'k.Pdiwj. Br-oin C ente r, MW ENEA30-2 1 I Phare- (?63 )° I tirY. 7 1f I F4 (7) EJ2-U - BUThDING AND COMMUNITY STANDARDS City of BROOKLYN 3•7 Br'r Ave . CENTER fuVEfl Cntcar. MN 54.Cl Rorita LIene - M ti gatin Plan Type IV Lcene SctIo C—Seeps 10 Improv Man agement and Coiidns of Property - The items ir this section hav been proven to ai with property rneiiient and property Th4p following actions are required:f 1) Check-irk Ywithi len nI5 every 31)ay. [J 2) Drre by prope1y t' check for possible cxe Evict tenants. violation of The lease or any addendurns, 4)T Rernair current on all uiIi'1ij i taxes, esrnn ftres, pnaIes, and other financlal dairmvpaynientsdue to the Ciy 5) Other:.________________________ The following acLons are optEnal un'less reu1rd by the City.. E1 i Provide IwW5now J 2)Prodida garb service- 3)]ntaH eui'ity sytern. f 4)Provide rrikitnance service plan for appliances, Narna of eriike company-!-F] -5) Other: If th Tye V-8 Month R-eita License.is approved by the City Council. the icense rrlut comply w]ti th 2pptiveJ MitiEon Mari and allappfictabfe City C od es. A wrteri report must he submitted by the 10 day ofech mrth with an updatoof actions bn taken by the o vini or and!or agent to crnpIywith this Mitigation Pati A copy of the M ontiily Update can be fovnd on pe L A tillbe firm can be found on the City weblLe at w.citUTh1ookir1oenter,oW or , lI 763) 6-30 to have 2t electronic. copy sit to you via email, Please attach zwddUtinal information if necessa Type rv rXI FJ Ct&y ikly Ct i11diti g a n d Coi'imunfly epalt 1Lygflcr1t'3r.or 6301 EHnge CrepA Parkway, BrjokI Cnbr, PAh h219 Phcn: (783) 663,3 5 0 TTY: 711 1 BtThDINrG AND COMUNTTY STDAEDS cExTTBRCOOICLYN j RntaI U4ense Mrttgatlon PlanEwiaklyn Type IV License [n and Verify verify that all inforrnatiiri prvldd is true and 2ccrate. J t.rridarstand 'that if I do not comply with the approved Mi1ti Plan, romplyarimall lrns withfri the license period, or operate beyond the Ji ems expiration date, enfo remetn acUons such 2s citations, formal compraIrt, orlire.ns review may 1SUiL ;phk Pho IPrrty rtr g er QIwJo1rAren ane .nd Th Pk-6 Pñ.?J - Ad12J Owirr r ar jPiJim a a &J T1IXE F?e P() kVt C'wir or Age t raWatc (if AppirhfJ Date aty StAff PO Or, rfmii iid C mrn y 5(&ndd frti 6h fj Dad. ?Ih Ats .F_44$$ Cily 04 DrOORDIF1 CeAter—HuRding Lnd Gorkuftukiity d3TJS Dttin1 6301 hi rgl -3 Creek Py, 9r.;lyri Oc4rItGr, MN Q-21 1 .pIip I itY: 711 1 F 72j' City Council Agenda Item No. lOa #8 COUNCIL ITEM MEMORANDUM DATE: June 22,2015 TO: Curt Boganey, City Manager -KW*FROM: Sharon Knutson, City C1erk''/2( SUBJECT: Type IV 6-Month Provisional Rental License for 5700 Camden 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 5700 Camden 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 January 14, 2015, on condition of adherence to the Mitigation Plan and City Ordinances. The property would qualify for a Type I Rental License based on zero (0) 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 and turn in monthly updates. 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 cud preserves the public trust COUNCIL ITEM MEMORANDUM Current rental license approval activities: 11-30-2014 The previous Type IV Rental License expired. 12-03-2014 A $125 Administrative Citation was issued for not submitting a mitigation plan. 12-03-2014 A $300 Administrative Citation was issued for renting without a license. 01-06-2015 A $600 Administrative Citation was issued for renting without a license. 01-29-2015 A $1,200 Administrative Citation was issued for renting without a license. 02-05-2015 A $2,000 Administrative Citation was issued for renting without a license. 02-18-2015 The owner, Mark Knerr, applied for renewal of the rental dwelling license for 5700 Camden Ave, a single family dwelling. 03-23-2015 An initial rental license inspection was conducted. No one was available for the inspection. 04-27-2015 A second inspection was conducted and passed. Property was vacant. Zero (0) property code violations were cited, see attached rental criteria. 05-06-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 05-06-2015 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. 05-19-2015 A Mitigation Plan was submitted. 06-01-2015 The Mitigation Plan was finalized. 06-15-2015 A letter was sent to the owner notifying that the hearing before the Council will be held June 22, 2015. Prior Type IV Rental License approval activities: 02-12-2014 The Owner, Mark Knerr, applied for renewal of the rental dwelling license for 5700 Camden Ave N, a single family dwelling. 03-04-2014 An initial rental inspection was conducted. 9 property code violations were cited, see attached rental criteria. 04-07-2014 A second rental inspection was conducted and failed. 04-23-2014 A third rental inspection was conducted and failed. $100 reinspection fee was charged to the property. 05-31-2014 The previous rental license expired. 06-05-2014 A fourth inspection was conducted and passed. The $100 reinspection fee was paid. 08-07-2014 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. 09-19-2014 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 11-30-2014 The previous Type IV Rental License expired. 12-03-2014 A $125 administrative citation was issued for not submitting a mitigation plan. 12-05-2014 A Mitigation Plan was submitted. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of fife for al/people and preserves the public trust COUNCIL ITEM MEMORANDUM 12-22-2014 The Mitigation Plan was finalized. 01-05-2015 A letter was sent to the owner notifying that the hearing before the Council will be held January 12, 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. 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 fife for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • 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 al/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 1-2 units Greater than 4 but not more than 8 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 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 I 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: Community Image Attachment - Mitigation Plan - Resolution Approving a Type IV Rental License for 5700 Camden 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 5700 CAMDEN AVE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 5700 CAMDEN AVE N, was issued a Type IV Rental License on January 14, 2015; 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 5700 Camden Ave N, Brooklyn Center failed to attend Owners/Managers Association Meetings and turn in monthly updates. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE IV Rental License is hereby approved for the property at 5700 Camden Ave N, Brooklyn Center, MN. June 22, 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. BWLDING AND COMMUNITY STANDARDS City of BROORLYN Rental License Mitigation PlanEx TER TypüUcense Hdwritten Mtigatn plans will not b e accepted. A fi[Iable form ionn be found. the City's web5ite at vwcitfbr0ok1c&nteror9 or tall (7 &B9333D to have er tonic copy sent to you VL email-AfAr1 Pfopelly I\ddre 5T1]fl Cnri+n A' N Owiers Nrne(s Rua I fl'Lo r (s) TriciALiIra FA' ? Si FL MNQrners Add res Ant a AddreSS L2IPiL,ri I SI P.ul Id Ywrr's Phone -,.'t1TT6fl2I Agent's F]ione (661) 77M)21 Owrers Em&l cm Agerit' Emi1 OtrI Ct,inent Expiration L?ate I / .fl)J Li..Pjidrn ExpirationDate 2?J2 / iui r;- niifrm tutfiiLejrahiXi} esed on property conditions idJor validated polLee n u1sance incidents, the above referenced propequlifieora1'ypV-MQflth Renial Licente, Prior toapplication approat by the City Cnci1 a fully rnpIed Mitigation Piali must he , completed and approved by City sff. A 1 ifigarjon plan must be compteted immediately in order to -ensure iimLi cornp1e1ior of the license application process- The Mlliatli Pr thoutd indicate the steps berg jaken to correct dentified vjlatiofls and the measuras that wlU be taken to eure onioini coriliane with City Ord inn and ppH2ble codes. A MlLgation Plan allows the owner and the city to review cGritern s aid identify possible a0ii,itionsto irnprve ovr11, ondions of the properly. It the Mitigation Plan is not suittei1, and all items io completed within the ped In lcene period, or the above property operates beyond The license expiration date, enbrcerri'it actions slioli as CitatiDr, formal cmpiInt 1 or liene review may reutt.. fore submttiny, fill-out Süctiona A, B and C located on paces 2, 1 .,4, gind ft3 Type R' ReMal Lft iic Yii RM 44M5 City 1dy Cent uithng ltwbI4V IiLTLdTc1 Pi-ttW ftrtIrg C,301 ;Shilol-_ Cre1 P'14wy, R',rooklym çeriIr, MJ 4I-21 NO t, Ptwr' çii TTY: 71 1 FE 75.13E? MEGEW B1JILDING AN: coMMrmTY STANDARDS LMOYN Rental Lens Mitigation PlanCENTERType IV Lrens echonACrime Free HoisIn Prgr Reqarnent phase I [J I) U wttten agrgiernent. The lease agreement shal [nckj1e the Crime Free Housing Lease AdderldurrL A copy if the lease agreement and Crime Free Housing Lease Addendum must be attached to the Mitation Plan when submitted [?] 2 Agree to pursue the terminetion or lease agreement or eviction of tenants who violate the terms of the lease or a ry adOend urns. 3 Conduct criminal background check for all new pro petie tenants. If Itis a current -tenant a new background check is not required. Must be able to provide dccumentation to City If (equested, Li 4) Attend a city apprd eight.hDur Crime Free Housing training course. lnfornia[on far approved courses oan be found at t mcpLrit undrth Trakn and Events tab, A copy of the Crime Fa Housing Certificate must be attached to the Mltlat1ori Han when submitted,. Crii Free HoIncj training vias wmp[eted oris sGhedulled far Owner or agent attended/is p!nnirg Ic' attrid training at city of -.- ____________________ 5 SubrIt MoUily Lfpdate by the 10th day of each month. Phase II I Compete a Security Mesmer and Implement mprovemerils reqs-ted by 11be rk!yfl Genter Police iJepavtrnent. To schedule an initial or follow-up Security Assessment cell (76) -344. Afollow-up assessment must be completed before the license expiration date to veftfy the security iniprovenleRts have been irnplemeited. if a SP-curly Assessment has been previously completed write the coo, mple1ion date. F' f5 (IJ1W1 L Seurlty M 'ri-eint W rciplc'tU ontis stiduIed for '4 Seorly Asseasment 1Ili'ip was ipId onar. sc'hsdulad for _wZM15 Continue Sections tA. Phase hil on,page 3. pa rp& Z15 Ty W ReMal LnMrP, Rev. 4-1445 City of BLy C—Blg and Community anitari Depai1mI wwDx1BflOf €3Q1 El'iInFE rk Prkw', rIn EIItr, MN O-2i I TTY- 711 I F: ?} -1 IJThD INC AND COMMUNITY STANDARDSTB tyf Rental License Mjtjaton Plan Typ V Ucense Sictions A—Cthe Frce i-toswig PrOrah qth1emeJU (ctitrnied) Pha Ill i Qwier or agentwill attend at minimum O% 2) AA-M. the &M. meetings. The AR,M ieetiris must be oompleted within the rental license period and before the pending Type IV Liens expiration date. Registration ig nL .qured, however you must sign-in during the mer. Write Nvo meeting dae5 an owner or agent plan to attend.. Owner or ntwIl 2ttrd k tiR.M.RM. rrcis htduJd on E1I 2) Have no rpt code Vio[atibas previously documented with the past year. The follownj act'lo'ns are required for oprtes with fou. (4) or more Units. - E i) Cndut raWent trainb'g a nruaIly that includes crime. prevention 2) Conduct reg War ident meeIins. Page 116 rp'E ii! PONIV Lcc-erEi 'ria? Plan, Rov. 4$$.12 City v f japc cIcIyi* c ui1di1 1Ld ilhij td21&s 1teiit ON Wigw Creek Pakway,ackI,itDnt'r N5-21' None- f5}-J I TT'I 711 FY ?E.3) 5 JB R72' 0 . BUILDING AND CQMIWLINITY STANDARDSty of - Rental License Mitijatriri PlanCENTERTyp1VLk Sections B—Long ,Tem .Caplfal Imprivemezt Plan Based on ondikt and, age, estimated repcer ertdaLe iied to be rvide for comnin capital Ins. Binding should I eoriidered accordrtg1y. Items that are brk%n, worn, or otirwI in vio1atn prior to the estimated reptaicament date riüd to be replaced. sconer. All Items must have a dats for EstirnadRpiacrn tDte. tlatc-s such as unsure", thtft know or "whon broken" wifi net he accepted. If yoi,i re unwre of when an item will rd to be replaced., you can make a preditioti bed on the age, appearance, condition, of mrnifturthidistry recornnieimdaiiors. Additional irifDirmaltion on Expected Jseftfl Life can be tourbci at wwwii ad .gw. Item Date Lest placed Condition' Expented Rcpaeernent Date £p!e:w(er Hasler My 201`0 . J,F: runnace 200 24 WaterHeater Kitchen App!iiires Lrthy Appliances Smoke 1irrn/ Carbon Monoxide Alarms 2015 Exterior Items PaintSkin rrIB!ri, fte Fe n Oe Shed Ga rage flrveway 2014 Other: *C cr#dit n Abbrvh31kt;Fair--F 2021 201 2040 2&40 2035 rwc 2020 teed Repl3cernenR ij. 4-4-i IyflxkIyn ex—iklimg and C mirnily wrtc1Errg •5i ShingI3 Crsk Pkay, OrvAlm Center, MI 42I-219 I Phonui(763)6024330 I M:711 I Fa: C3) BIYLD1N AND COMMIT C. STANDARDS CityM BRON Reritt License Mitigation PlanCENTER Type N License c1n C—Steps t Irnpr rnthffirns of ProprIy The items in IIi]s section h2ve been proven to assiat with property management and property The fOIIOWIn9 actions are re1Ldtec; 1) Check-In with tenants ser, O-dys EI 2) rjrfvo by property to diek for poibIe code v1atit. 3)Evict Ile nanis in violation, fihelease or any addendums- 4)RnIi current or all utlliy fee taxes, arts, fines, penalties, and other financial dalrnslpeyrnents due to the City. 0 5) Other: Tlio fo1kwiin actions pttti1 unless required by the City, II I) Provide kvinisnow El 2) Ptvide garbage service, J 3) Irst&I L 4) PriMde maintenance service plan for appliances. t4nie d eivice company. Elil ) If the Type .IV-4 Month Rental Lkerse is approved, by the City Council, the lcne must h the pprcived Mititlon Plan and i applicable City Cd A written report must be submitted by the I day of each month with on update of actions being ,taken by the owner undor agent to comply with this Mitigation Plan. A copy the Monthly Update can be fund on page 7. A fiIabIe form can be fGund on the Cft'fs websifoit w Ity rokntrrg or c1I (7) 56940 thave aneleotronto Oopy sentto You Via email , Please attach addifiGnal fnforrnat]oi If nary. - - - Ty1El Me Wta L !ri'r Rev, 4 f4-1 Ct i1 B 'k1y tvr Ccmnumity Standards p*iieiil 3O1 Gh jrI e Cr k. P.,rkwjiy I3rur)In 0 'r4, MN 6 54021 Wo j PJicrr [TTY. 71i I F2 7i9-3& 5- BWLDING A ND COMMUNITY STANDAIU)S City of - BROOKLYN Ru ntal Ucene Mtgatioi PlanCENTERType P/L Sign and Verifyri I 'verify that all Fnfor ikn provided fstruo anti a cc urate- I understa nd that if Ido inot ornply with the approv e d MitiaDn flan, c o rri ply with all items Mithin the li c ense period, or operate beyond th e tlreie expiration de, enforcement -a ctions. such as ci la-tion s Jo riTial rnplaints, or lic e nse review may resuli Tia Ajufi'Er.a Mngr awn erorAgelnrt Nam& rt T1 (Pee Pth.f) 11L1O15 D2f& Jason Dura nd fMBinna& fTp?b1e, PIe Pxiri1 5I125 AMUMO pp&) Dam Cfty Staff only Iciffta M1G,!ILJii3i CiriiunEy NU*/(ZDalo I ^ —j Typs V 1)Lç5 R h9jga NO?Pir R-3 V, #44 -5 "Ay if icyu c ent and C4immwtty Ppaimt dy11ontsr.Dr 5301 k 1 PIvay, mi kIY --1 to I Phmj; i73) -33 0 1 1T 711 I : 3:i 5 M - U AGENDA CITY OF BROOKLYN CENTER CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION June 22, 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 None. PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1.Sister City Voinjama Visit Update 2.Paperless Packets Report