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HomeMy WebLinkAbout2015 07-27 CCP Regular SessionAGENDA CITY COUNCIL STUDY SESSION July 27, 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 3.Discussion of Work Session Agenda Items as Time Permits 4.Adjourn CITY COUNCIL MEETING City of Brooklyn Center July 27, 2015 AGENDA AMENDED 07/27/15 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. July 6, 2015 – Joint Work Session with Financial Commission 2. July 13, 2015 – Study Session 3. July 13 , 2015 – Regular Session 4. July 13, 2015 – Work Session b. Licenses c. Resolution Authorizing the Addition of a Leave Donation Policy for City Employees d. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees e. Resolution Amending Special Assessment Levy Roll Nos. 19058 and 19059 to Provide for the Deferment of Special Assessments CITY COUNCIL AGENDA -2- July 27, 2015 AMENDED f. Resolution Establishing Improvement Project No. 2016-05, 57th Avenue Street Improvements g. Resolution Establishing Improvement Project No. 2016-06, Freeway Boulevard Street Improvements 7. Presentations/Proclamations/Recognitions/Donations a. Resolution Expressing Recognition and Appreciation of Benjamin Freedman for His Dedicated Public Service on the Planning Commission Requested Council Action: –Motion to adopt resolution. 8. Public Hearings a. 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 –This item was first read on June 22, 2015; published in the official newspaper on July 2, 2015; and is offered this evening for second reading and Public Hearing. Requested Council Action: –Motion to open Public Hearing. –Take public input. –Motion to close Public Hearing. –Motion to adopt ordinance. b. An Ordinance Authorizing the Conveyance of Property and the Land Exchange Agreement (3401 53rd Ave N) –This item was first read on July 13, 2015; published in the official newspaper on July 16, 2015; and is offered this evening for second reading and Public Hearing. Requested Council Action: –Motion to open Public Hearing. –Take public input. –Motion to close Public Hearing. –Motion to adopt ordinance. 9. Planning Commission Items a. Planning Commission Application No. 2015-006, Submitted by Jorri Carter for Special Use Permit Approval of a Special Home Occupation Allowing a Recording Studio Inside a Residential Dwelling in the R-1 One Family Residence District, Located at 2914 53rd Avenue North –The Planning Commission recommended approval of this application at its July 16, 2015, meeting. CITY COUNCIL AGENDA -3- July 27, 2015 AMENDED 1. Resolution Regarding the Disposition of Planning Commission Application No. 2015-006, Submitted by Jorri Carter for Special Use Permit Approval of a Special Home Occupation Allowing a Recording Studio Inside a Residential Dwelling in the R-1 One Family Residence District, Located at 2914 53rd Avenue North Requested Council Action: –Motion to adopt resolution. 10. Council Consideration Items a. Consideration of Type IV 6-Month Provisional Rental Licenses 1. 5401 Oliver Avenue North 2. 4201 Winchester Lane 3. Resolution Approving a Type IV Rental License for 1309 68th Lane North Requested Council Action: –Mayor poll audience for applicants to address Council. –Receive staff report. –Motion to open hearing. –Receive testimony from applicants in order. –Motion to close hearing. –Take action on rental license applications and mitigation plans. b. Mayoral Appointment of Member to Serve on Planning Commission Requested Council Action: –Motion to ratify Mayoral appointment. 11. Council Report 12. Adjournment City Council Agenda Item No. 6a MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITYOF BROOKLYN CENTER IN THE COUNTY OF HENNEP1N AND THE STATE OF MINNESOTA JOINT WORK SESSION WITH FINANCIAL COMMISSION JULY 6, 2015 CITY HALL - COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Joint Work Session with the Financial Commission and the session was called to order by Mayor Tim Willson at 6:37 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, Assistant City Manager/Director of Building & Community Standards Vickie Schleuning, Finance Director Nate Reinhardt, and Public Works Director/City Engineer Steve Lillehaug. Others present were Financial Commissioners Anna Burke, Teneshia Kragness, Steve Landis, Rex Newman, Dan Schueller, and Dean Van Der Werf. APPROVAL OF AGENDA Mayor Willson moved for adoption of the July 6, 2015, Agenda. With no objection, the Agenda was adopted. OVERVIEW/INTRODUCTION Mayor Willson provided a brief welcome and overview, along with City Manager Curt Boganey and Finance Director Nate Reinhardt. Mr. Boganey informed the purpose of tonight's meeting was to discuss the long-range Capital Improvement Plan and the annual Capital Program for the various Capital Funds of the City. CAPITAL IMPROVEMENTS PLAN 2016 - 2030 Public Works Director/City Engineer Steve Lillehaug provided a PowerPoint presentation and review of the Capital Improvements Plan 2016 - 2030. Mr. Lillehaug reviewed the Neighborhood Reconstruction Program. He said one of the City's Strategic Priorities is key infrastructure investments. He reviewed the project types and funding sources. He reviewed the history stating utilities that are older than 55 years are causing problems and need replacement, such as sanitary and water. After the neighborhood projects are completed, they often see additional pride and improvements by neighbors. 07/06/15 -1- DRAFT Mr. Lillehaug indicated there are some recommendations for project changes in upcoming years. He stated the Yellow Highlights for projects in the CIP indicate increase in costs in upcoming years. He also explained the challenges in recent years predicting project costs and extra diligence staff is taking to review bids. The price increases and fluctuations may be contributed to the 2006 housing market decline, as well as the reduced number of contractors; therefore not being able to keep up with market demand. INDIVIDUAL CAPITAL PROJECTS FUNDS Mr. Reinhardt provided a PowerPoint presentation and reviewed the various Capital Projects Funds including Capital Improvements Fund, Municipal State Aid Fund, Street Reconstruction Fund, Infrastructure Fund, Overview of Utility Fund, Technology Fund, EBHC Capital Fund, and BC Liquor Capital Fund. He provided an overview of CIP changes, costs, funds, and cash flow analysis. Mr. Reinhardt also spoke about neighborhood reconstruction projects and the increase due to rising construction costs beyond 3% inflation. Mr. Boganey explained the costs are based upon unit costs adjustment for construction, and then are adjusted to reflect inflation. Mr. Reinhardt reviewed the 2016 projects fund and the City's funding policy. Mr. Boganey stated the street reconstruction uses the general fund and sold bonds this year. The franchise fees won't cover the City's share of street reconstruction so it will come from property tax levy. Further, he stated the majority of investment will occur over five years. During the review of the BC Liquor Funds, questions were asked about the impact of Total Wine and More, which may have a greater impact if built in Maple Grove. It was mentioned that Costco is now selling Surly beer. When asked about the impact of the beer cave on the liquor store, Mr. Reinhardt stated sales improve along with operation efficiencies. The large 24-packs allow for inventory to be replenished by moving pallets versus individual boxes. In response to a question regarding issuing more bonds and debt vs. property taxes, Mr. Boganey stated that additional bonds are recommended to help smooth the impact to the annual levy; the costs do not go up and down so much. There were concerns that pushing back projects would lead to more maintenance costs and resident complaints. Mr. Reinhardt stated the interest rates could be higher and increase costs additionally in the future. Mr. Boganey stated these projects are long-life assets. He stated that as public investment is delayed, private investment is often delayed. Others agreed. A question was asked about how the City will be positioned after the first round of capital projects. Mr. Lillehaug stated that road conditions are ranked. With the current CIP, roads average 80 out of 100. Six and a half years ago, the roads were rated at an average in the low 70s. Mr. Reinhardt stated the next five years will be the most difficult financially, and then will balance out. It was asked if the transportation funding at the Capitol will affect Brooklyn Center. It was mentioned that it may not help cities, but maybe Hennepin County surtax. Another question was if there was an impact with the City being listed on the inflow infiltration list for Met Council. 07/06/15 -2- DRAFT Mr. Lillehaug said the transportation federal funding or future legislation of special districts may affect us. Mr. Boganey said if the street utility discussion is approved, Brooklyn Center could use a special tax but it is still a tax. Mr. Lillehaug stated Brooklyn Center is on the list due to surcharge sanitary sewer for one incident one year where someone lifted a manhole to drain rainwater. Tree roots and a substantial rain were problematic that incident. The City is now on that list to keep rainwater out of the sanitary sewer system. A question was asked about the Shingle Creek restoration project with Brooklyn Park. Mr. Lillehaug stated the first phase of the project was this year. Shingle Creek is impaired by chloride due to salt use in winter. The plan is to create a smaller channel and reduce erosion issues. The project cost is more than $300,000. Because of a federal grant, the cost to Brooklyn Center is $30,000. Options include clearing vegetative tall trees for sunlight or better rip raps for aeration. Other actions to reduce chloride include public education regarding prevention of contamination, reducing salt on roads, and improving landfills by cities that operate landfills. MISCELLANEOUS There were no miscellaneous items discussed. ADJOURNMENT Councilmember Ryan moved and Councilmember Myszkowski seconded to adjourn the Work Session at 8:32 p.m. Motion passed unanimously. 07/06/15 -3- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEP1N AND THE STATE OF MINNESOTA STUDY SESSION JULY 13, 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 6:02 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, Director of Business and Development Gary Eitel, Director of Public Works/City Engineer Steve Lillehaug, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, and Denise Bosch, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Lawrence-Anderson pointed out a pronoun that should be changed from her to his on Item 7a, Resolution No. 2015-111, Expressing Recognition and Appreciation for the Dedicated Public Service of Sergeant Frank Roth. City Manager Curt Boganey stated that Attorney Myron Orfield was advised that the City Council meeting started at 7 p.m. MISCELLANEOUS Dog Ordinance - Open Forum Request to Change the Limit on Dogs City Manager Boganey stated that this discussion is in response to the request made by Carole and Deb Davis at the June 22, 2015, City Council meeting regarding an exception to the dog ordinance limiting the number of dogs to two. They currently have four dogs. Mr. Boganey stated that he indicated in his response to them that this issue would be brought before the City Council for review, consideration, and direction. Mr. Boganey stated that this is not the first time this issue has been raised and he believes an exception would require an ordinance amendment. Mayor Willson stated that an ordinance change would not help them because they are already out of compliance. He stated that if the City Council was to change its ordinance to allow for special circumstances then he thinks it should go through an entire ordinance change. 07/13/15 -1- DRAFT Mr. Boganey stated that the City Council could suspend enforcement of the ordinance for a period of time and anyone in non-compliance would be treated similarly until the ordinance was amended or modified. Councilmember Lawrence-Anderson stated she would like to know if their living arrangement is permanent. Mr. Boganey stated that he did not think the ordinance allowed for a single case exception. He stated that it might be possible to direct staff to delay enforcement for a period of time for this specific case. Councilmember Myszkowski stated that she understands that dogs are incredibly important to the entire family, but if the City changes its process for one resident, it would have to do it for everyone. Councilmember Ryan agreed with Councilmember Myszkowski's comments. He related comments from a past Councilmember on how long the City Council struggled with establishing the ordinance standards. He suggested that a volunteer could take the dogs for a certain amount of time so that the homeowner could still see their dogs. Mayor Willson clarified that the homeowner and not the City would have to find someone to care for the dogs. Councilmember Graves stated that she believed two of the dogs were quite old. She does not think the ordinance should be revised, but thought it would be nice to have a way for someone to plead their case but acknowledged it could lead to a slippery slope. She stated that the idea of a surrogate home for the dog would be unlikely and she got the impression that the living situation was not a temporary one. She asked if the homeowner has received a citation. Mr. Boganey stated that as of today, there has not been a citation but the homeowner has been notified that they are in violation. He stated that the outcome of tonight's discussion will determine when the City moves forward with a citation. Councilmember Graves asked if anyone else has complained about the dogs. Mr. Boganey stated that he was not aware of any other complaints. Councilmember Graves asked how long the dogs have been there. Mr. Boganey replied that he got the impression that it had been a while. Councilmember Graves stated she feels bad that a disagreement between the neighbors led to the dogs being displaced. She suggested adding an element to the ordinance so that someone could plead their case. Mayor Willson recalled a previous dog issue when the City Council went by the ordinance despite negative press and news articles. He does not see why the City Council would equivocate at this time. 07/13/15 -2- DRAFT Councilmember Ryan recalled the same issue and how hard it was. He stated that the story went national. He stated this is a very emotional issue, he does not want to trivialize it, and again suggested that the homeowner get someone to help them out. He stated that it seems reasonable to make allowances for a dog that has as strong emotional tie with the owner, but then everyone that would want more dogs would plead that case. Councilmember Myszkowski stated there are a significant number of studies that show the healing power of pets and recognizes that the family has suffered a serious loss. She is not saying that the ordinance should be changed but wondered where compassion fit in. She suggested a Staff study to determine what other cities are doing regarding compassion clauses. She also stated she is fully aware of what could happen if they opened the door. Councilmember Graves asked what happens if we do nothing. Mr. Boganey stated that a citation would be issued. If the violation continued, tickets, fines, and potential court action/order would follow. Councilmember Myszkowski stated if it got to that, the City would be back in the news. Councilmember Ryan suggested allowing citizens to apply for some sort of care dog certification, but he fears that this is outside the expertise of Staff and will place an additional burden on them. Mr. Boganey stated there is a provision under State law that citizens can apply for a service dog designation. If received, it would allow the person to have their dog even when other regulations might not allow it. He does not know if the homeowner's dogs would qualify but this would be one option available to the homeowner. Councilmember Myszkowski stated it is a long process to get a service dog designation. Councilmember Lawrence-Anderson stated she has a lot of empathy for the family but understands the City needs to limit the number of dogs. She would also like an opportunity to slightly amend the ordinance or to allow for the discretion of the City Council. Councilmember Graves spoke about the balance to set ordinances that hold people accountable. She stated she hates to have ordinances set up to protect citizens from the worst situations and then end up penalizing those that aren't really violating what the ordinance was set up to prevent. Mr. Boganey stated that he looks at ordinances as a blunt instrument. The issue is equal protection but the more ordinance complexity, the more likely it is to prove difficult to enforce. Mr. Boganey asked for further direction or consensus on a response to the homeowner. Councilmember Graves asked if the homeowner was aware of this process. Mr. Boganey replied that the homeowner was aware that this discussion would take place. Councilmember Graves asked if the homeowner was aware of the option of getting her dog certified. Mr. Boganey replied that he did not know if she was aware of the process, but he would make her aware of the option. Mayor Willson stated that a citation will still have to be issued. 07/13/15 -3- DRAFT Mr. Boganey asked if the City Council would provide her with an additional 30 days to resolve her circumstances. Mayor Willson stated he would rather hear from the homeowner before providing the 30-day stay, noting the importance of following the processes already in place. Mayor Willson stated it is the consensus of the City Council to grant her the 30-day stay, but he does not agree. Councilmember Graves stated this would give the homeowner time to explore alternatives and she will be contacted again in 30 days. Mayor Willson clarified that the 30-day stay would start the day Mr. Boganey speaks to the homeowner. Councilmember Lawrence-Anderson stated this resolution shows that the City Council knows they have a job to do but there is compassion due to the circumstances. Other Mayor Willson stated that his Local Board of Appeal and Equalization certification expires this year and he is planning to attend their upcoming session. Councilmember Ryan stated he will be scheduling a session to maintain his certification sometime this year. Councilmember Graves asked if there are any other circumstances in which having the certification is helpful. Mayor Willson stated it was helpful in dealing with tax issues. Councilmember Lawrence-Anderson expressed her interest in being certified. Mayor Willson stated he has been asked to travel to Washington DC on July 23 and 24. Because this will be his second trip in a year outside of the State, he will need City Council approval. If approved, he would be attending a Building One America conference to be held at Georgetown University that will focus on cities dealing with racially diverse issues. There are ten mayoral scholarships being offered. Councilmember Ryan stated his approval to make an exception to the policy without changing it. It was the majority consensus of the City Council to authorize Mayor Willson to make a second trip outside of the State in 2015. Councilmember Graves asked about the date of the Brooklyn Bridge Alliance for Youth meeting. Mayor Willson stated that he will not be able to attend the July 22 Brooklyn Bridge Alliance for Youth session. 07/13/15 -4- DRAFT Councilmember Ryan stated he would attend as the Mayor's alternate. Councilmember Myszkowski stated she will be unable to attend the August 24 City Council meeting. ADJOURNMENT Councilmember Myszkowski moved and Councilmember Ryan seconded to close the Study Session at 6:40 p.m. 07/13/15 -5- 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 JULY 13, 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, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, Police Chief Kevin Benner, City Attorney Troy Gilchrist, and Denise Bosch, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Jerry Evans, 5049 Brooklyn Boulevard, a 50-year resident of Brooklyn Center, explained that while he has nothing against New Millennium Academy, he is concerned about the increased traffic and potential for more accidents. To address his concern with pedestrians crossing the street, he proposed a traffic signal at 52nd Avenue N. and Brooklyn Boulevard and getting rid of the cloverleaf on the other side. Mr. Evans described various routes for school-related traffic and stated he would like the street between Brooklyn Boulevard and Xerxes Avenue converted to a one-way. He noted several people who attended a previous meeting are willing to sign a petition to address traffic issues on Brooklyn Boulevard and offered to draw up his proposal for the Council. Mayor Willson asked Mr. Evans to submit a written proposal. Melinda Crowley, 4506 Bass Lake Road, Apt 105, Executive Director of Odyssey Charter School, introduced herself and invited Councilmembers to tour the school and attend an Open House this spring. Councilmember Ryan moved and Councilmember Graves seconded to close the Informal Open Forum at 6:58 p.m. Motion passed unanimously. 07/13/15 -1- DRAFT Councilmember Graves suggested extending invitations to the schools and residents for the City's Shingle Creek Clean Up Day. 2.INVOCATION Councilmember Graves shared a Cherokee legend entitled The Two Wolves. Mayor Willson commented on an excellent Facebook article that Councilmember Graves had forwarded to him dealing with diversity. He asked that it be distributed to Councilmembers. 3.CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:02 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 Bitel, Planning and Zoning Specialist Tim Benetti, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, Police Chief Kevin Benner, City Attorney Troy Gilchrist, and Denise Bosch, 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 Graves seconded to approve the Agenda and Consent Agenda, as amended, with an amendment to item 7a, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1.June 22, 2015 - Study/Work Session 2.June 22, 2015 - Regular Session 6b. LICENSES AMUSEMENT DEVICE Dandy Amusements International, Inc. 4109 Guardian Street, Simi Valley, CA Mendota Valley Amusement, Inc. 390 Richmond Street B, South St. Paul GARBAGE HAULER 07/13/15 -2- DRAFT Ace Solid Waste, Inc. Aspen Waste Systems, Inc. Budget Waste Systems, Inc. Dick's Sanitation Service, Inc. Farmers Union Industries dba Midwest Grease LePage & Sons, Inc. Randy's Sanitation, Inc. T & L Sanitation Service Walter's Recycling and Refuse MECHANICAL Aeshliman Plumbing, Inc. All American Heating & Air Anderson's Residential Htg & A/C Arrow Heating and Air LLC Binder Heating & A/C Boiler Services, Inc. Chesney Mechanical Group Commercial Plumbing & Ht. Grant Heating and Air, LLC High Road Heating & Cooling Joel Smith Heating & Air Conditioning MWJ Heating & Cooling Master Mechanical Marsh Heating & A/C Ray Welter Heating Co. Wilson HVAC Company 6601 McKinley Street NW, Ramsey 2951 Weeks Avenue SE, Minneapolis 3516 East Lake Street, Minneapolis 8984215 1 Street West, Lakeville P.O. Box 26, Redwood Falls 23602 University A'enue NW, Bethel P.O. Box 169, Delano P.O. Box 49695, Blame P.O. Box 67, Circle Pines 307 Jackson Avenue, Elk River 6824 Perry Avenue, Brooklyn Center 1628 County Hwy 10, Spring Lake Park 7152 nd Avenue SW, Pine City 222 Hardman Ave. No., South St. Paul 10327 Flanders Street NE, Blame 4118 Shoreline Drive, Robbinsdale 24428 Greenway Avenue, Forest Lake 19700 Embers Avenue, Farmington 6650 Winfield Circle No., Rockford 13915 Lincoln Street NE, Ham Lake 1110 Hwy. 55 #104, Hastings 1027 Gemini Road, Eagan 6248 Lakeland Avenue N., Brooklyn Park 4637 Chicago Ave. So., Minneapolis 15284117 th Street, Becker RENTAL INITIAL (TYPE II— two-year license) 2840 67 " Lane N Ryan Berner 6412 Humboldt Avenue N Tou Yang 5301 Logan Avenue N Marc Silverstein RENEWAL (TYPE III— one-year license) 1701 691h Avenue N Steven Scott Management Earle Brown Farm Apts 7206-12 West River Road 133067 1h Lane N 5834 Camden Avenue N 5448 Camden Avenue N 4207 Lakeside Avenue 4320 5720 Logan Avenue N No CPTED follow up Jason Ingbretson Mark Sibilev Missing 2 ARM Meetings and CPTED RHA 3,LLC Missing CPTED Blake Lehane Heinz Pollinger Missing CPTED and ARM meetings Jeniffer Kuria 07/13/15 -3- DRAFT Missing CPTED 3801 Woodbine Lane Tom Prasky RENEWAL (TYPE II - two-year license) 120067 1h Avenue N Tom Morrow Emerson Chalet 4214 Lakeside Avenue James and Gloria Shoultz 531362 d Avenue N Doua Yang 421363 d Avenue N Bryan Friendshuh 291865 th Avenue N Hong Yang 5024 71st Avenue N Dallas Worth 5311 Emerson Avenue N Kin Chew 5000 Howe Lane Kristen and Mark Blincoe 4207 Lakeside Avenue #123 Donna Kabanuk 4207 Lakeside Avenue #138 Mark Jacobs 4207 Lakeside Avenue #140 Joseph Drechsler 4718 Twin Lake Avenue Richard and Elizabeth Becht RENEWAL (TYPE I— three-year license) 7230 West River Road Nedim and Adisa Frlj 5200 France Avenue N Christian Knutson 546472 d Circle Katherine Banaszak 5319 Northport Drive Mindy Brummer 7024 Oliver Circle Juliana Koe SIGNHANGER Veo Sign, LLC 6353 Martin Avenue NE, Otsego 6c.RESOLUTION NO. 2015-106 APPROVING A TRANSFER OF FUNDS FROM THE GENERAL FUND AND THE MUNICIPAL LIQUOR STORE FUND TO THE CAPITAL IMPROVEMENTS FUND 6d.RESOLUTION NO. 2015-107 APPROVING TRANSFER OF FUNDS FROM EARLE BROWN HERITAGE CENTER OPERATING FUND TO EARLE BROWN HERITAGE CENTER CAPITAL FUND 6e.MOTION TO APPROVE PROPOSAL FOR BANKING SERVICES 6f.RESOLUTION NO. 2015-108 DECLARING A PUBLIC NUISANCE AND ORDERING REMOVAL OF DISEASED TREES AT CERTAIN PROPERTIES IN BROOKLYN CENTER, MINNESOTA 6g. RESOLUTION NO. 2015-109 AUTHORIZING PROPOSED USE OF AUTO THEFT PREVENTION GRANT 07/13/15 -4- DRAFT 6h. RESOLUTION NO. 2015-110 ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2014-11, 2014 CAPITAL BUILDING MAINTENANCE PROJECT Motion passed unanimously. 7.PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. RESOLUTION NO. 2015-111 EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF SERGEANT FRANK ROTH Mayor Willson read in full a Resolution expressing recognition and appreciation for Sergeant Roth and his dedicated public service as a Crisis/Hostage Negotiator, an Explorer Advisor, and role model. Councilmember Ryan moved and Councilmember Graves seconded to adopt RESOLUTION NO. 2015-111 Expressing Recognition and Appreciation for the Dedicated Public Service of Sergeant Frank Roth. Mayor Willson asked Police Chief Kevin Benner to convey the Council's sincere appreciation to Sergeant Roth for his service. Motion passed unanimously. 8.PUBLIC HEARINGS 8a. ORDINANCE NO. 2015-08 AUTHORIZING THE ACQUISITION OF TAX FORFEITED PROPERTY LOCATED AT 3112 67TH AVENUE NORTH AND EXECUTION OF A QUIT CLAIM DEED TO DISPOSE OF THE PROPERTY Assistant City Manager/Director of Building and Community Standards Vickie Schleuning introduced the item, discussed the history, reviewed the ordinance process, provided information about the property, and stated the purpose of the proposed ordinance amendment. It was noted this Ordinance was first read on May 26, 2015; published in the official newspaper on June 4, 2015; was offered for second reading and Public Hearing on June 22, 2015; was amended and re- published in the official newspaper on July 2, 2015; and is offered this evening for Public Hearing. The City Council discussed the purchase agreement and the transfer process. Councilmember Ryan moved and Councilmember Myszkowski seconded to open the Public Hearing. Motion passed unanimously. 07/13/15 -5- DRAFT No one appeared to speak. Councilmember Ryan moved and Councilmember Graves seconded to close the Public Hearing. Motion passed unanimously. Councilmember Myszkowksi moved and Councilmember Graves seconded to adopt ORDINANCE NO. 2015-08 Authorizing the Acquisition of Tax Forfeited Property and Execution of a Quit Claim Deed to Dispose of the Property. Councilmember Ryan stated that he supports this program. He stated Staff informed him that the improvements are beyond what a private developer would provide and the properties have to be owner occupied. He noted there is an incentive in the neighborhood for private investment and this is a great program with reasonable cost to the City. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS 9a. PLANNING COMMISSION APPLICATION NO. 2015-005, SUBMITTED BY LUTHER COMPANY, LLLP FOR APPROVAL OF A SITE PLAN AMENDMENT TO THE LUTHER BROOKDALE VOLKSWAGEN SITE, BY ALLOWING THE INTEGRATION OF THE ADJACENT COMMERCIAL SITE AND EXPANSION OF NEW VEHICLE DISPLAY AREA, LOCATED AT 6849 BROOKLYN BOULEVARD 1. RESOLUTION NO. 2015-112 REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2015-005, SUBMITTED BY LUTHER COMPANY, LLLP FOR APPROVAL OF A SITE PLAN AMENDMENT TO THE LUTHER BROOKDALE VOLKSWAGEN SITE, BY ALLOWING THE INTEGRATION OF THE ADJACENT COMMERCIAL SITE AND EXPANSION OF NEW VEHICLE DISPLAY AREA (6849 BROOKLYN BOULEVARD) Planning and Zoning Specialist Tim Benetti provided an overview of Resolution No. 2015-112 and advised the Planning Commission recommended approval of the resolution at its June 25, 2015 meeting. Councilmember Graves left the Council Chambers at 7:25 p.m. Mayor Willson asked if the underground water storage could be a source of water for landscaping. Sean Murphy, Landform Professional Services, on behalf of Luther Company, thanked the Mayor and City Council for allowing them to present the project. He stated the idea of using that 07/13/15 -6- DRAFT underground storage for water reuse is feasible but the site would need to be regraded and since it is underground, a pump system would have to be installed. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2015-112 Regarding the Disposition of Planning Commission Application No. 2015-005, Submitted by Luther Company, LLLP for Approval of a Site Plan Amendment to the Luther Brookdale Volkswagen Site, by Allowing the Integration of the Adjacent Commercial Site and Expansion of New Vehicle Display Area (6849 Brooklyn Boulevard). Motion passed unanimously 4-0. Councilmember Graves returned to the Council Chambers at 7:29 p.m. 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 lOal through 10a4. lOal. 370l69" AVENUE NORTH 10a2. 5740 IRVING AVENUE NORTH 100. 6901 QUAIL AVENUE NORTH 10a4. RESOLUTION NO. 2015-113 APPROVING A TYPE IV RENTAL LICENSE FOR 4407 66TH AVENUE NORTH Councilmember Myszkowksi moved and Councilmember Graves seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for the following: 3701 69th Avenue North; 5740 Irving Avenue North; 6901 Quail Avenue North; and, adopt RESOLUTION NO. 2015-113 Approving a Type IV Rental License for 4407 66th Avenue North, with the requirement that the mitigation plans and all applicable ordinances must be strictly adhered to before renewal licenses would be considered. Motion passed unanimously. lOb. AN ORDINANCE CONTINUING THE NATURAL GAS FRANCHISE FEES ON THE OPERATIONS OF CENTERPOINT ENERGY RESOURCES CORP IN THE CITY OF BROOKLYN CENTER 07/13/15 -7- DRAFT Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed ordinance. He stated a new franchise agreement will come back to the City Council before the year-end. Councilmember Ryan moved and Councilmember Myszkowski seconded to approve first reading of an Ordinance Continuing the Natural Gas Franchise Fees on the Operations of CenterPoint Energy Resources Corp in the City of Brooklyn Center and set second reading and Public Hearing for August 10, 2015. Motion passed unanimously. lOc. AN ORDINANCE AUTHORIZING THE CONVEYANCE OF PROPERTY AND THE LAND EXCHANGE AGREEMENT (3401 53 D N) Ms. Schleuning introduced the item, the process and property information and map, discussed the history, and stated the purpose of the proposed ordinance. Councilmember Graves asked if it will be a sidewalk or trail. Ms. Schleuning replied that it will be a designated trail. Mr. Boganey stated eventually this trail will cross Brooklyn Boulevard and go behind the Sears building. Councilmember Ryan stated that the objective is to integrate City trails with the Three Rivers Park District trail. Councilmember Lawrence-Anderson moved and Councilmember Ryan seconded to approve first reading of an Ordinance Authorizing the Conveyance of Property and the Land Exchange Agreement (3401 53rd Avenue N) and set second reading and Public Hearing for July 27, 2015. Motion passed unanimously. 11. COUNCIL REPORT Mayor Willson referenced a letter he received asking for public records that was addressed to the City of Brooklyn Park. City Attorney Troy Gilchrist stated his opinion that the City is obligated to respond to the request because it is being directed to the City of Brooklyn Center. Mayor Willson asked if the documentation could be corrected and re-sent. He also asked that the spelling of his last name be corrected. Mr. Gilchrist stated he will ask that the request be re-sent, and make it clear that it wouldn't delay the City's response. Mayor Willson asked Mr. Boganey to provide City Councilmembers with the corrected request. Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: • June 23, 2015: Proposed Twin Lake Expansion Meeting • June 23, 2015: MAC Meeting 07/13/15 -8- DRAFT • June 18, 2015: Riverwood Park Neighborhood Meeting • June 25, 2015: Earle Brown Days Parade • June 27, 2015: Met with Kenyan and Nigerian Community Members • July 6, 2015: Work Session with Financial Commission • July 13, 2015: Metro Transit Committee • July 15, 2015: Bellevue Park Neighborhood Meeting Councilmember Ryan also stated that his thoughts and prayers go to Mike Nelson, 46A Representative, and his family. Mr. Nelson is currently in ICU at North Memorial. Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: • June 23, 2015: Twin Lake Expansion Meeting • June 23, 2015: MAC Meeting • June 25, 2015: Earle Brown Days Parade • June 26, 2015: Set Up for Craft and Business Expo • June 27, 2015: Worked at the Craft and Business Expo • July 6, 2015: Work Session with Financial Commission • July 10, 2015: Volunteered at the Evergreen Community Garden Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: • June 23, 2015: MAC Meeting • June 25, 2015: Earle Brown Day Parade • June 27, 2015: Fireworks • July 6, 2015: Work Session with Financial Commission • July 11, 2015: Graduation party for her daughter at Highland Park • July 17-18, 2015: Family Reunion Councilmember Graves reported on her attendance at the following and provided information on the following upcoming events: • June 24, 2015: Met with Reva Chamblis Regarding the Light Rail • June 26-28,2015: Timber Bay Camp • July 2 and 9, 2015: Started Teaching Yoga at Curves on Shingle Creek Parkway • July 6, 2015: Work Session with Financial Commission • July 5-11, 2015: Get Ready Program • July 15, 2015: Bellevue Park Neighborhood Meeting Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: • June 18-23, 2015: US Mayor's Conference • June 20, 2015: Radio Interview • June 22, 2015: Radio Interview with WCCO • June 24, 2015: Mayor's Minutes • June 24, 2015: Met with Pastor Christian Vincent 07/13/15 -9- DRAFT • June 24, 2015: Riverdale Park Picnic • June 25, 2015: Earle Brown Days Parade and Band Awards • June 26, 2015: Met with the Brooklyn Center Little League • June 27, 2015: Met with the Liberian Ambassador • June 27, 2015: Greeted Earle Brown Days Craft and Business Expo Exhibitors • July 1, 2015: Phone Conference with the White House Office of the National Drug Policy Control • July 6,2015: Work Session with Financial Commission • July 15, 2015: Bellevue Park Neighborhood Meeting 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Graves seconded adjournment of the City Council meeting at 8:06 p.m. Motion passed unanimously. 07/13/15 -10- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION JULY 13, 2015 CITY HALL - COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session called to order by Mayor/President Tim Willson at 8:12 p.m. ROLL CALL Mayor/President Tim Willson and Councilmembers/Commissioners 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 Manager/Director of Building & Community Standards Vickie Schleuning, City Attorney Troy Gilchrist, and Denise Bosch, TimeSaver Off Site Secretarial, Inc. COUNCIL UPDATE REGARDING FAIR HOUSING AND SCHOOL DESEGREGATION COMPLAINTS FILED BY THE CITY OF BROOKLYN CENTER PRESENTER ATTORNEY MYRON ORFIELD City Manager Curt Boganey introduced Attorney Myron Orfield who provided an overview and update to the City Council regarding the fair housing and school desegregation complaints filed by the City of Brooklyn Center and several other parties. He stated that the City has withdrawn its petition to amend Minnesota Rule 3535. Attorney Orfield talked about a recent major decision by the United States Supreme Court in the case of Texas Department of Housing and Community Affairs vs. Inclusive Communities Project, Inc., which re-affirmed the central meaning of the Fair Housing Act as a tool to achieve a more integrated metropolitan society. He stated that this is a victory for civil rights. He also stated that this case is very similar to the case the cities of Brooklyn Center, Brooklyn Park, and Richfield are involved in and that a week or so after the decision, HUD issued new rules. Mayor/President Wilson stated that he was proud of the City of Brooklyn Center for leading the effort. Attorney Orfield spoke about the petition to amend Minnesota Rule 3535. He stated the case was complicated because at the time the rule was challenged, the State came up with a new rule. The court ruled that the City had standing in a desegregation matter. He also stated that the St. Paul NAACP has decided to file a complaint and asked that the City of Brooklyn Center 07/13/15 -1- DRAFT withdraw its petition to allow them to proceed because they have a greater chance of success on the merits and more serious resources, so the decision was made to withdraw the petition. Mayor/President Willson commented on how the housing disparity has spread in the northwest corner of the metropolitan area. He stated that the City of Brooklyn Center has more than its fair share of low-income housing and it is now more concentrated in a small area. He talked about studies finding that children do better in schools that are not segregated. He stated that the Met Council is working with light rail to add that element into their process. Attorney Orfield stated that the new rules clearly address the transportation issue and say that transportation is not a substitute for racial integration for purposes of the Fair Housing Act. Councilmember/Conimissioner Graves asked if the decision to do the petition set a precedent. Attorney Orfiéld replied affirmatively as Minnesota's existing rules stated there was no compelling interest in racial integration. Councilmember/Commissioner Graves talked about people of color trying to get their kids into a good school. She stated that she loves being in Brooklyn Center now but would liked to have found a home closer to where she grew up. She was forced to come to Brooklyn Center because she could afford to buy a home in the City. She spoke about the need to be careful when integrating neighborhoods not to push out the people that are already there. Mayor/President Willson stated that is not the intent. The intent is to level the playing field for kids across the school system in Brooklyn Center no matter what color they are. Councilmember/Commissioner Graves spoke about how the highway system was built in the country and how it pushed the poor out of the city. Attorney Orfield stated that the goal of the Fair Housing Act is that people can live wherever they choose. Councilmember/Commissioner Graves asked how the rules are going to be enforced. Attorney Orfield stated that the City of Brooklyn Center is trying to apply the new laws to make sure the Met Council and Minnesota Housing Finance Agency do their duty. Councilmember/Commissioner Ryan talked about getting the Met Council to change its housing formula. Attorney Orfield spoke about the inequity of the Met Council housing formula. Councilmember/Commissioner Ryan spoke about the Supreme Court decision also placing corporate standards on various legal instruments. Attorney Orfield stated that the law was clear before the decision but now is absolutely clear. The Supreme Court decision and clear new rule state that you cannot perpetuate segregation. Mayor/President Willson spoke about the City's Comprehensive Plan needing to match the Met Council's Plan and a previous Comprehensive Plan addressing affordable housing by the City that was not approved by the Met Council for three years. 07/13/15 -2- DRAFT Attorney Orfield spoke about the previous rules from the '70s and '80s as the best in the country and how this has been changed by political will. He stated that the metropolitan area now has 90 segregated schools and compared it with metropolitan areas in the State of Washington that have continued to pursue policies that the Twin Cities metropolitan area had abandoned. Mayor/President Willson stated that the City of Brooklyn Center took this issue on because it had been abandoned, and abandoning those policies caused a concentration of poverty and segregation of schools. Attorney Orfield stated that the policies were abandoned due to inertia from the Met Council and a lack of leadership. He stated that affluent suburbs are currently applying for low-income housing and being turned down due to the current point system used by the Met Council. Mayor/President Willson talked about the City's bond rating and its average income. He stated that this was another strategy to address this issue. Councilmember/Commissioner Graves stated she is hearing that some of the policies have been in place and are now gaining newfound attention and momentum. This goes back to leadership and holding people accountable. Attorney Orfield spoke about President Obama being a strong proponent for the Fair Housing Act. Mayor/Present Willson stated it was rewarding to hear the Supreme Court decision and asked if the City would be kept in the loop regarding the amendment of Minnesota Rule 3535. Attorney Orfield answered in the affirmative. Councilmember/Conimissioner Graves asked if the St. Paul NAACP is working with the Minneapolis NAACP. Attorney Orfield replied that he thought so but wasn't sure. Mayor/President Willson thanked Attorney Orfield for working with the City Council and making the issues clearer. ADJOURNMENT Councilmember/Commissioner Ryan moved and Councilmember/Commissioner Myszkowski seconded adjournment of the City Council/Economic Development Authority Work Session at 8:42 p.m. Motion passed unanimously. 07/13/15 -3- DRAFT City Council Agenda Ifttem No. 6b COUNCIL ITEM MEMORANDUM DATE: July 21, 2015 TO: Curt Boganey, City Manager FROM: Maria Rosenbaum, Deputy City C1*9 SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses on July 27, 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 Waste Management - Blame MECHANICAL A & A Heating and Air Air Comfort Htg & A/C Air-It Indoor Comfort Hoffman Refrigeration & Heating Precision Heating & Cooling, Inc. River City Sheet Metal Inc. Select Mechanical Services RENTAL See attached report. 10050 Naples Street NE, Blame 1206 5 th Avenue S, Buffalo 19170 Jasper Street NW, Anoka 10524 Quebec Avenue N, Brooklyn Park 5660 Memorial Avenue N, Stillwater 3650 Chestnut Street, Chaska 8290 Main Street NE, Fridley 6219 Cambridge Street, St. Louis Park I11ISS!On: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Rental License Category Criteria Policy - Adopted by City Council 03-08-10 Property Code and Nuisance Violations Criteria License Category (Based on Property Number of Units Code Only) Property Code Violations per Inspected Unit Type I - 3 Year 1-2 units 0-1 3+ units 0-0.75 Type II —2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. 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Background: The City of Brooklyn Center recognizes that a catastrophic or prolonged illness of an employee or their immediate family member may deplete the employee's available paid leave (vacation, sick, and other forms of compensated leave time). This policy is meant to provide staff with the option of assisting employees in such circumstances through voluntary donations of vacation sick leave accruals. Budget Issues: There are no budget issues to consider. Strategic Priorities: Not applicable 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 AUTHORIZING THE ADDITION OF A LEAVE DONATION POLICY FOR CITY EMPLOYEES WHEREAS, the City Manager has recommended a change in the Personnel Rules and Regulations regarding the addition of a leave donation policy for city employees; and WHEREAS, the proposed change is reasonable and proper. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to amend Section 7 of the City's Personnel Rules and Regulations by adding the Leave Donation Policy as attached. July 27, 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. Section 7.5 City of Brooklyn Center Leave Donation Policy The City of Brooklyn Center recognizes that a catastrophic or prolonged illness of an employee or their immediate family member may deplete the employee's available paid leave (vacation, sick, and other forms of compensated leave time). This policy is meant to provide staff with the option of assisting employees in such circumstances through voluntary donations of vacation / sick leave accruals. Application of this policy will be approved by the City Manager on a case by case basis. Eligibility: All regular full-time employees will be considered eligible to participate in this program. An employee will be eligible to receive donated leave only after all of that employee's accrued leave time has been exhausted. Donation of leave will not be allowed once it is known or has been determined that the employee will not return to work. Process: To receive donated leave time an employee will submit the following to Human Resources: • Request for consideration of leave time donation form • Certification from the attending physician or other applicable health care provider • Any other relevant information necessary in determining eligibility The City Manager will review the request and shall have the right to deny use of this policy or to limit its use based solely upon the Manager's discretion. To donate leave time participating employees shall complete a donation of leave time form. General Information Regarding Leave Donation: • The maximum leave time to be received is 160 hours per 12-month period per qualifying situation. This period begins the date that a request for leave time has been made. • Donated leave hours will be converted to sick leave and placed in the recipient's sick leave bank. The recipient will be allowed to use these hours in accordance with City Policy. • Donations will be made in two-hour increments consisting of one hour of vacation leave and one hour of sick leave. • Donors must have a minimum of 160 hours of sick leave in their own bank after donation to participate. • Donations will be made anonymously. • Donated time may not be reclaimed and the recipient is under no obligation to repay the donation. • The City Manager retains the right to apply this policy in any manner deemed to be in the best interest of the City. This includes amendment, alteration, and elimination of the policy without notice or negotiation. City Council Agenda Item No. 6d COUNCIL ITEM MEMORANDUM DATE: July 27, 2015 TO: Curt Boganey, City ManaRer FROM: Vickie Schleuning, ssistant City Manage irector of Building & Community Standards SUBJECT: Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees Recommendation: It is recommended that the City Council declare a public nuisance and order the removal of diseased trees for certain properties as listed in the resolution. Background: The attached resolution represents the official Council action required to expedite removal of diseased trees that were recently marked by the City Tree Inspector. The City of Brooklyn Center has maintained a policy of removing and properly disposing of diseased trees in order to prevent tree diseases from spreading throughout the community. The removal of diseased trees is defined in City Ordinance Chapter 20-301 to 20-306. Although the City has historically focused on Dutch Elm disease, other transmissible diseases and infestations are addressed as well. Property owners are given the opportunity to remove the diseased tree on their own or enter into an agreement to allow the City to remove the diseased tree. Where an agreement with the property owner is executed, a minimal administrative charge of $50 is applied to the costs associated with the tree removal. After a diseased tree is declared a public nuisance by the City Council, another Compliance Notice will be provided to the property owner allowing additional time, at least five days, for voluntary correction, again providing an option for an agreement with the City. If the property owner does not correct the violation or enter into an agreement, the City will remove the diseased tree. An administrative abatement service charge will be charged based on the cost of the abatement, with a minimum charge of $150. Budget Issues: The City's share of the cost of removal for diseased trees within the public right-of-way and on City property is included in the 2015 budget under the Public Works Forestry operating budget. The cost of removal for diseased trees located on private property is the responsibility of the Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust COUNCIL ITEM MEMORANDUM respective property owner, and if unpaid, is specially assessed to the property. Strategic Priorities: Enhanced Community Image Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES AT CERTAIN PROPERTIES IN BROOKLYN CENTER, MINNESOTA WHEREAS, Brooklyn Center City Code Section 20-301 declares any diseased tree a public nuisance and provides for abatement by the City if not corrected by the property owner; and; WHEREAS, removal of diseased trees and abatement of the public nuisances is necessary to prevent the spread of tree diseases and to protect the environmental quality and desirability of neighborhoods; and WHEREAS, a Notice to Abate Nuisance and a Diseased Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center allowing the owners twenty (20) days to remove diseased trees on the owners' property; and WHEREAS, the City can expedite the removal of these diseased trees by declaring them a public nuisance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The diseased tree at the following address is hereby declared to be a public nuisance. Property Address Tree No. and Type 6701 France Ave 38 Elm 6337 Bryant Ave N 41 Elm RESOLUTION NO. 2.After twenty (20) days from the date of the initial notice, the property owner(s) will receive a second written notice providing five (5) business days in which to contest the determination of the City Council by requesting, in writing, a hearing. Said request shall be filed with the City Clerk. 3.After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be removed by the City. The cost of abatement shall be recorded and become the personal responsibility of the owner of record. If unpaid, the costs shall be specially assessed to the property in accordance with city codes and Minnesota Statutes Chapter 429. July 27, 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 Council Agenda Item No. 6e [i[I1BJ[iJ I fl I I $hYA U'A I MhYA (I] 1II I1U I DATE: July 21, 2015 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer 5 J SUBJECT: Resolution Amending Special Assessment Levy Roll Nos. 19058 and 19059 to Provide for the Deferment of Special Assessments Recommendation: On January 12, 2015, the City Council by Resolution 2015-15, approved Special Assessment Levy Nos. 19058 and 19059 for the Freeway Park Area Street and Storm Drainage Improvements, Project Nos. 2015-01 and 02. The attached resolution amends the respective levy rolls to provide for the deferment of special assessments on one property where the qualifying person is eligible because they are at least 65 years of age or older, or permanently disabled, and whose household meets certain financial characteristics. The City of Brooklyn Center calculates and levies special assessments in accordance with Section 2.10 of the City Council Code of Policies. This document outlines the process and procedures within the City's Special Assessment Policy for funding of public improvement projects. Subsection 4 of the Special Assessment Policy provides for a program to defer a portion of the special assessments for qualifying persons under the provisions of Minnesota Statutes 435.193 through 435.195. A copy of subsection 4 of the Special Assessment Policy is attached to this memorandum. The City received three applications for deferment of special assessments that met the required standards to qualify under the attached Special Assessment Policy standards. These properties are as follows: o 3100 68th Avenue N o 3207 68th Avenue N 6719 Ewing Avenue N The applicants have provided Income Tax documentation meeting "very low income" limits established by HUD. Budget Issues: The proposed special assessments deferment for said properties total $10,912.06 ($8,393.57 for street and $2,518.49 for storm drainage). The amount to be certified for said properties total $4,945.94 ($3,804.43 for street and $1,141.51 for storm). Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves (lie public trust [I1I]JJ[IJ I N IN M'A U I Dk'A OJ UI PIJJ1 The total amount of special assessments previously levied was $1,277,460.74. The net reduction in short-term project revenue of less than one percent due to the proposed deferment and does not create a substantial funding concern based on an analysis of the project costs to date. Strategic Priorities: Key Infrastructure Investments Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of ilfe for al/people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING SPECIAL ASSESSMENT LEVY ROLL NOS. 19058 AND 19059 TO PROVIDE FOR THE DEFERMENT OF SPECIAL ASSESSMENTS WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed Special Assessment Levy Nos. 19058 and 19059 for the Freeway Park Area Street and Storm Drainage Improvements, Project Nos. 2015-01 and 02; and WHEREAS, Special Assessment Levy Nos. 19058 and 19059 were approved by the City Council on January 12, 2015, and was subsequently amended on April 13, 2015; and WHEREAS, the City Council has established a program to defer a portion of the special assessments of qualifying persons who are at least 65 years of age or older or who are retired due to permanent and total disability when said households meet certain financial characteristics. WHEREAS, three qualifying residents have requested for deferment of special assessments as assessed under Special Assessment Levy Nos. 19058 and 19059. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the following properties are eligible to defer a portion of their special assessment for Improvement Project Nos. 2015-01 and 02, therefore amending Levy Nos. 19058 and 19059 as noted below. Special Assessment Levy No.19058 is hereby amended to reduce the previous amounts of $4,066.00 per property to the new amounts of: Levy Deferred Interest PID No.Amount Amount Rate (%) 34-119-21-11-0065 $1057.77 $3008.23 4.0 34-119-21-11-0078 $1148.15 $2917.85 4.0 34-119-21-12-0004 $1598.51 $2467.49 4.0 RESOLUTION NO. Special Assessment Levy No.19059 is hereby amended to reduce the previous amount of $1,220.00 to the new amount of: Levy Deferred Interest PID No.Amount Amount Rate (%) 34-119-21-11-0065 $317.38 $902.62 4.0 34-119-21-11-0078 $344.50 $875.50 4.0 34-119-21-12-0004 $479.63 $740.37 4.0 July 27, 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. SECTION II— GENERAL POLICIES City Council Code of Policies Assessment Deferral Program There shall exist a program to defer a portion of the special assessments of qualifying persons under the provisions of Minnesota Statutes 435.193 through 435.195. Said program shall defer the payment of a portion of certified special assessments by property owners who are at least 65 years of age or older or who are retired due to permanent and total disability whose households meet certain financial characteristics. A. Eligibility 1.The property upon which the assessment is deferred must be homesteaded; 2.The property is owned by a person at least 65 years of age on January 1st of the year in which payment of the first installment of the subject assessment levy is due; or is owned by a person who is retired due to permanent and total disability. The applicant must have a "financial hardship" defined as: a.An annual income for the applicant's household size which is at or below the "Very Low Income" limit established annually by HUD for the Minneapolis and St. Paul Metropolitan Area; and b.The aggregate total of special assessment installments from previously existing special assessment levies plus the first year of the current levy will exceed 1 1/2 percent of the applicant's annual income. B. Calculation The portion of the current levy which will be deferred will be that portion of the levy against the applicant's property which requires a first year installment payment which, when added to the applicant's annual payments from previously existing special assessment levies, would result in an aggregate total of special assessment installments totaling more than 1 1/2 percent of the applicant's annual income. The portion of the current levy which can be paid without aggregating total installments above 1 1/2 percent of the applicant's annual income shall not be deferred. 2. Special assessments levied due to the applicant's failure-to-pay charges for City services or failure to comply to City codes (i.e. delinquent utility assessments, assessments for weed removals, assessments for nuisance abatement, etc.) shall not be deferred, and installment payments for existing levies for such services shall not be included in calculating the maximum 1 1/2 percent aggregate payment. City ofBrooklyn Center 05/09/11 Page 218 SECTION II— GENERAL POLICIES City Council Code of Policies C.Interest Simple interest at the rate of that particular assessment levy shall be added to the deferred assessment, calculated from the date interest started to accrue on the original levy (usually the October 1 immediately following the certification date) to the date of payment of the deferred portion of the assessment. D.Termination The option to defer the payment of special assessments shall terminate and all amount accumulated plus applicable interest, shall become due upon the occurrence of one of the following events: 1.The death of the owner, provided that the spouse is otherwise not eligible for the benefits. 2.The sale, transfer, or subdivision of the property or any part thereof. 3.If the property should for any reason lose its homestead status. 4.The City Council determines that a hardship no longer exists. Reference: City Council Resolution Nos. 2005-17; 2001-122; 2000-195; 97-214; 97-118; 94- 274; 93-49; 90-138; 90-137; 85-34; 84-175; 83-190; 82-226; 81-244; 80-292 City of Brooklyn Center 05/09/11 Page 219 City Council Agenda Item No. 6f COUNCW ITEM MEMORANDUM DATE: July 21, 2015 TO: Curt Boganey, City Manager FROM: Mike Albers, Project Engineer THROUGH: Steve Lillehaug, Director of Public Works/City Engineer f SUBJECT: Resolution Establishing Improvement Project No. 2016-05, 57th Avenue Street Improvements Recommendation: It is recommended that the City Council consider approval of the Resolution Establishing Improvement Project No. 20 16-05, 57th Avenue Street Improvements. Background: In accordance with the City's Capital Improvements Plan (CIP), the area referred to as the 57t1 Avenue Mill and Overlay from Humboldt Avenue to 1-94 has been programmed for improvements in 2016 (see attached map for specific street locations). The 57th Avenue Street Improvements project consists of approximately 2,900 linear feet of streets. This roadway was reconstructed in 1996. The pavement surface is failing and is requiring increased maintenance time and expense to keep the pavement intact. The area consists of approximately 42 residential properties. The CIP calls for the roadway to be improved with a 2-inch mill and overlay of the pavement surface with minor concrete curb and gutter replacements and minor utility repairs. This project will be programmed concurrently with the planned 57th Avenue Twin Lakes Regional Trail Project, which is also planned to be constructed in 2016. The primary source of funding for the project is through Municipal State Aid revenues (City's portion of gas tax and other state transportation tax sources). Typically, in order for a project to be completed within a specified calendar year, preliminary design must commence almost one year in advance. This includes initiation of the public notification and participation process that consists of informing affected property owners; conducting field surveys; at least one public informational meeting; and an extensive amount of information and data collection. Initial design also includes detailed technical engineering work, underground infrastructure inspections and assessments and soil/geotechnical investigations. At this time, staff requests that the City Council establish this 2016 street improvement project so investigative and preliminary engineering work may begin. Upon authorization by the City Council, the following actions would take place: Collect data, including field surveys, review traffic counts, and review maintenance records. Mission: Eiisiiriiig an attractive, clean, saft, inclusive community that enhances the quality of life for all people an (I preserves tile I1 blic tins! iEIi$I[iJ I N V I Dk'A L'A I Ik"A 0] 1WIi1IA'A I Conduct televised inspections of the sanitary and storm sewers and soil/geotechnical investigations. Conduct a public informational meeting in the fall of 2015 to present initial findings to the neighborhood, and to gauge public interest in the improvement project. Commence preliminary design and prepare a feasibility report for review by the City Council. The City Council could then consider setting a date for a project hearing. Budget Issues: The Avenue Street Improvements project is identified in the City's Capital Improvement Program with a preliminary project cost estimate of $440,000. The estimated cost for preliminary field work and preparation of a project feasibility report is $50,000. Strategic Priorities: Key Infrastructure Investments Missioji: Ensuring on attractive, clean, soft, inclusive coininitizity that enhances the quality of life for al/people ant/preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 2016-05, 57TH AVENUE STREET IMPROVEMENTS WHEREAS, the City's Capital Improvement Program identifies specific streets for proposed infrastructure improvements in 2016; and WHEREAS, the City Council has reviewed the scope of proposed street improvements for the 57 t" from Humboldt Avenue to 1-94; and WHEREAS, the City Council desires to begin the process of information gathering, solicitation of public comments and preliminary design. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1.Improvement Project No. 2016-05, 57th Avenue Street Improvements is hereby established. 2.Staff is directed to begin field work, contact property owners in the neighborhood to obtain comments and input, and hold public informational meetings for property owners in the neighborhood where improvements are proposed. 3.The City Engineer shall commence preliminary design and prepare a project feasibility report for review by the City Council in the fall of 2015. 4.Estimated project costs for preliminary field work, geotechnical investigations, and sewer televising costs are as follows: COST AMOUNT Televising $ 4,000 Field Survey $ 9,000 Geotechnical/Drainage Investigation $ 12,000 Preliminary Design $ 25,000 Estimated Costs Total $ 50,000 REVENUES AMOUNT MSA Fund $ 50,000 Estimated Revenues Total $ 50,000 RESOLUTION NO. July 27, 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. 57th Avenue Mill and Overlay (Humboldt Avenue to 1-94) - 2016 The 57th Avenue project area includes 57th Avenue from Humboldt Avenue to Interstate 94. The project area contains a total of 2,894 linear feet of local streets. The neighborhood consists of 42 residential properties. Streets 57 " Avenue is designated as a jjr: iLIL - j±-Fj: 57T4 AVE11 L1 i H4--r--- -Lii_iik - - I 1 - ------- --- L-itTiiitII:IiIr-SSWiL—---- , - Municipal StateState Aid Route. This project area was reconstructed in 1996. The road is 38 feet wide with concrete curb and gutter. The roadway surface has prematurely failed and excessive potholes have occurred in connection with the issues with the roadway chip sealcoat application. The current cost estimate assumes street improvements that consist of minor concrete repairs and a 2-inch mill and overlay. Water main The existing water main in the project area consists of 6-inch diameter ductile iron pipe (DIP) installed in 1996. The current project cost estimate includes casting replacement only. Sanitary Sewer The sanitary sewer in the project area consists of 8-inch diameter and 10-inch diameter poly-vinyl chloride (PVC) installed in 1998 and 1999. The current project cost estimate includes casting replacement only. Storm Sewer The existing storm sewer in the project area consists of a trunk storm line that flows east to the Mississippi River. It contains 21-inch to 36-inch diameter reinforced concrete pipe (RCP) installed in 1996. The current project cost estimate includes casting replacement only. Street Lighting The existing street light system is overhead power, with wood poles and a cobra head light fixture. The current cost estimate includes no street light replacement. Project Summaries P a g e 115 2015-2029 Capital Improvement Program C ityACoun cil V.iw.i I i ri I1( I [i[I1IJcSJ I I Vk4 I'A I k"4 (I) 1II I1IJ I DATE: July 21, 2015 TO: Curt Boganey, City Manager FROM: Mike Albers, Project Engineer THROUGH: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: Resolution Establishing Improvement Project No. 2016-06, Freeway Boulevard Street Improvements Recommendation: It is recommended that the City Council consider approval of the Resolution Establishing Improvement Project No. 2016-06, Freeway Boulevard Street Improvements. Background: In accordance with the City's Capital Improvements Plan (CIP), the area referred to as the Freeway Boulevard Mill and Overlay from Xerxes Avenue to the Shingle Creek bridge has been programmed for improvements in 2016 (see attached map for specific street locations). The Freeway Boulevard Street Improvements project consists of approximately 2,830 linear feet of streets. This roadway was originally constructed in 1974. The pavement surface is failing and is requiring increased maintenance time and expense to keep the pavement intact. The area consists of approximately nine commercial/industrial properties. The CIP calls for the roadway to be improved with a 3-inch mill and overlay of the pavement surface with minor concrete curb and gutter replacements and minor utility repairs. The primary source of funding for the project is through Municipal State Aid revenues (City's portion of gas tax and other state transportation tax sources). Typically, in order for a project to be completed within a specified calendar year, preliminary design must commence almost one year in advance. This includes initiation of the public notification and participation process that consists of informing affected property owners; conducting field surveys; at least one public informational meeting; and an extensive amount of information and data collection. Initial design also includes detailed technical engineering work, underground infrastructure inspections and assessments and soil/geotechnical investigations. At this time, staff requests that the City Council establish this 2016 street improvement project so investigative and preliminary engineering work may begin. Upon authorization by the City Council, the following actions would take place: Collect data, including field surveys, review traffic counts, and review maintenance records. Conduct televised inspections of the sanitary and storm sewers and soil/geotechnical investigations. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [Ei1IJ[SJ I U I I IhY LA I auh'A [I] UI P1IJh'A I Conduct a public informational meeting in the fall of 2015 to present initial findings to the neighborhood, and to gauge public interest in the improvement project. Commence preliminary design and prepare a feasibility report for review by the City Council. The City Council could then consider setting a date for a project hearing. Budget Issues: The Freeway Boulevard Street Improvements project is identified in the City's Capital Improvement Program with a preliminary project cost estimate of $760,000. The estimated cost for preliminary field work and preparation of a project feasibility report is $50,000. Strategic Priorities: Key Infrastructure Investments Mission: Ensuring an attractive, clean, safe, inclusive coinnuinitj' that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 2016-06, FREEWAY BOULEVARD STREET IMPROVEMENTS WHEREAS, the City's Capital Improvement Program identifies specific streets for proposed infrastructure improvements in 2016; and WHEREAS, the City Council has reviewed the scope of proposed street improvements for Freeway Boulevard from Xerxes Avenue to the Shingle Creek bridge; and WHEREAS, the City Council desires to begin the process of information gathering, solicitation of public comments and preliminary design. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1.Improvement Project No. 2016-06, Freeway Boulevard Street Improvements is hereby established. 2.Staff is directed to begin field work, contact property owners in the neighborhood to obtain comments and input, and hold public informational meetings for property owners in the neighborhood where improvements are proposed. 3.The City Engineer shall commence preliminary design and prepare a project feasibility report for review by the City Council in the fall of 2015. 4.Estimated project costs for preliminary field work, geotechnical investigations, and sewer televising costs are as follows: COST AMOUNT Televising $ 4,000 Field Survey $ 9,000 Geotechnical/Drainage Investigation $ 12,000 Preliminary Design $ 25,000 Estimated Costs Total $ 50,000 REVENUES AMOUNT MSA Fund $ 50,000 Estimated Revenues Total $ 50,000 RESOLUTION NO. July 27. 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. Freeway Boulevard Mill and Overlay (East of Xerxes Avenue) - 2016 The Freeway Boulevard project area extends from Xerxes Avenue to the Shingle Creek bridge. The project area contains a total of 2,826 linear feet of local streets. The neighborhood consists of approximately 9 commercial/industrial properties. Streets I This segment of roadway is designated as a Municipal 11State Aid Route. Freeway Blvd was originally constructed in 1974. The existing street is generally T(TIp-TL 45 feet wide with concrete curb and gutter. The street pavement exhibits a moderate rate of deterioration due to higher volumes of traffic. The current cost estimate assumes street improvements that consist of approximately 20 percent curb replacement, 20 percent sidewalk replacement, 25 percent concrete apron replacement and a 3-inch mill and overlay of the bituminous pavement. Water main The existing water main in the Freeway Boulevard project area consists of 12-inch diameter cast iron pipe installed in 1974. The water main is in good condition based on current maintenance records. The current project cost estimate includes casting replacement only. Sanitary Sewer The existing sanitary sewer along the west half of the project area consists of 15-inch diameter reinforced concrete pipe installed in 1996. The existing sanitary sewer on the east half of the project area consists of 8-inch diameter vitrified clay pipe installed in 1974. The condition of the sanitary sewer system within the neighborhood is rated as good. The current project cost estimate includes casting replacement only. Storm Sewer The storm sewer on Freeway Boulevard consists of 12-inch to 30-inch diameter reinforced concrete pipe that drains to Shingle Creek. This storm sewer was installed in 1974. The current project cost estimate includes replacing structure castings as necessary within the project area. Street Lighting The existing street light system is overhead power, with wood poles and a cobra head light fixture. The current cost estimate includes replacing the six wood poles with six fiberglass poles with a decorative rectilinear fixture and underground power. Project Summaries P a g e 114 2015-2029 Capital Improvement Program City Council Agenda Item No. 7a Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF BENJAMIN FREEDMAN FOR HIS DEDICATED PUBLIC SERVICE ON THE PLANNING COMMISSION WHEREAS, Benjamin Freedman served as a member of the Planning Commission from January 28, 2013, through July 16, 2015; and WHEREAS, he has made significant contributions as a member of the Planning Commission, including review of land use, redevelopment, platting, rezoning and special use applications, plan approval, variances, and review of the Comprehensive Plan; and WHEREAS, his leadership and expertise have been greatly appreciated by the Planning Commission; and WHEREAS, his public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that his service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Benjamin Freedman is hereby recognized and appreciated by the City of Brooklyn Center, and this resolution serves as a visible and lasting expression of gratitude for the leadership and service he has rendered to the citizens of Brooklyn Center. July 27, 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 Council Agenda Item No 8a COUNCIL ITEM MEMORANDUM DATE: July 27, 2015 TO: Curt Boganey, City Manager FROM: Tim Benetti, Planning and Zoning Specialis THROUGH: Gary Eitel, Director of Business and Development SUBJECT: PUBLIC HEARING 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. Recommendation: It is recommended that the City Council adopt the 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. Background: On June 11, 2015, the Planning Commission reviewed Planning Application No. 2015-004 submitted by CS Property NMA, LLC requesting consideration 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 known as New Millennium Academy, located at 5120 Lilac Drive North (former Malmborg's site). Following the completion of a public hearing, the Commission adopted Planning Commission Resolution No. 2015-04, which provided a favorable and unanimous recommendation of the proposed Planned Unit Development (PUD). On June 22, 2015, this PUD request was presented to the City Council for initial consideration of the rezoning and related development/site plan. The City Council accepted the favorable recommendation of this PUD item, and adopted Resolution No. 2015-103, which provided initial approval of the PUD development plan. The Council followed this action by accepting the First Reading of this proposed ordinance on the rezoning, and set the date of the public hearing and Second Reading of this ordinance for the July 27 regular meeting. As part of the conditions adopted under Resolution No. 2015-103 by the City Council, the following items were noted: 1. All conditions noted in the City Engineer's Review Memorandum (dated 06103115) and all other subsequent or updated conditions required by the City Engineer are ilIissio,z: Eiisiiring an attractive, clean, safe, inclusive community that enhances the quality of lif' for all people and preserves the public trust [S1IMIi I fl U DIk'A Ut'A I 3hYA [I] 1II )1BA'A I submitted and/or fulfilled, including approval by the City Engineer and Hennepin County officials of a final traffic study and traffic management plan. 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. On June 25, 2015, city staff received the draft traffic study report from SRF Engineering related to this PUD project. The report included a number of findings, alternatives and recommendations on traffic management (access) to and from this school site. An initial finding from this report indicated the main access off Brooklyn Boulevard (at Brooklyn Blvd. frontage road & 50 Ave. intersection) would experience serious and considerable vehicle delays at the PM Peak hours, especially for left-hand or northbound turning movements. City staff spoke and met directly with Hennepin County traffic engineers, NMA' s consultants from SRF, and the Developer over the course of the last four plus weeks to discuss these alternatives, and even met with the city's police department representative on recommended alternatives regarding traffic control from the school site. City staff will continue to work with county officials, the consultants and the developer to attain safe, reasonable and effective means of all vehicle traffic access from this site, both in the interim period (projected 2016 to 2018 ) and up to the time future Brooklyn Boulevard roadway and intersection improvements are installed. NMA responded to these concerns by offering to adjust their start/dismissal times for the school, to help alleviate or lessen additional vehicle movements during the peak AM and PM traffic periods, and offered to provide mandatory bus movement options onto Brooklyn Blvd. (especially at the PM hours), which city and county engineering agreed would help. NMA has also verbally stipulated they would agree to provide or implement the following traffic management options, should they be needed or called upon by the City: 1)New Millennium Academy (hereafter referred to as NMA) will install a temporary swing gate at the end of Lilac Drive, per city standards and approvals, with the gate to be closed during AM/PM peak hours, or throughout the entire day school is in session if requested. 2)NMA agrees to accept conditions in the PUD Agreement that prescribe the mandatory and approved bus traffic patterns, visitors' and staffs' vehicles patterns which enter/exit from this school site. 3)NMA will provide or hire licensed traffic enforcement officer or uniformed police officer(s) to be used for traffic control services during the AM/PM movements, if required. 4)NMA will meet with City of Brooklyn Center officials to analyze and assess traffic and access patterns every 6-months or every 12-months, or whenever Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust S1i1IJ[iJ I U I I DkA UhYI I k"A 0) tUI 1SA I requested by the City of Brooklyn Center, and will agree to accept any recommendations made by City of Brooklyn Center and/or Hennepin County officials to address or mitigate any traffic/access concerns should they come to light after the school is opened or operating. 5) NMA will post an approved financial guarantee or enter into an agreement to participate in funding of up to $150,000 to be used for the installation of a temporary traffic signal or other traffic mitigation measures, should the City and/or County call for any in the future. This financial obligation will be released by the City once the Brooklyn Boulevard Improvement Project (including the Brooklyn Blvd./HWY 100 off-ramp intersection) is installed. NMA retains the right to have their own traffic engineer/consultant part of any discussions or decisions with the City and/or Hennepin County should the need arise to implement any action specified under this section. Staff is recommending these options be made part of the official language in the future PUD Agreement between New Millennium Academy and the City of Brooklyn Center. On July 16, 2015, the Planning Commission reviewed these new traffic management options, along with an updated set of new architectural drawings of the proposed school building, and received a report from Planning Staff regarding the screening items. The new architecture is proposed with 4-sided materials, and will have similar materials as seen in the new TJ Maxx/Michaels store improvements inside the Shingle Creek Crossing development. Planning staff noted that although they were unable to meet with the homeowner near the southwest corner (5042 Lilac Drive - Tapelt/Balibrera residence), we recommend an 8-foot high, solid screen fence or wall be designed and built along this shared property line to buffer and screen the loading area for the school. The Planning Commission felt these new architectural elements met their approvals of Class I and Class II building materials; that the 8-ft. screen was acceptable; and that the traffic management issues as discussed would be effectively managed and implemented by both City Staff and Hennepin County as part of this new charter school development. Upon concluding this discussion, the Planning Commission chose to make a companion recommendation to the previously approved PC Resolution No. 2015-04 (which can also be considered part of adopted Resolution No. 2015-103), with the following findings or added conditions: 1.The proposed building materials (as submitted by NMA to the City on 07/08/15) are acceptable, provided the new school building is constructed with 4-sided architecture; 2.The proposed screening measures with minimum 8-foot high screen fence and additional landscaping for the adjacent properties are hereby approved; and Mission: Ensuring on attractive, clean, safe, inclusive community that enhances the quality of lift for all people and preserves the public trust [S[S1IJcSJ I fl I I M"A I I IA [I] 1iI WJ3 I 3. The traffic and access alternatives offered by NMA are acceptable. Attached for the City Council's review are the excerpt minutes from the July 16, 2015 Planning Commission meeting, along with information detailing the discussion and formulation of this amended recommendation. Staff has also attached the updated architectural plans for your review. If the Council determines these issues regarding traffic management, architectural materials, screening, and all other issues conditioned in the previously adopted Resolution No. 2015-103 (June 22, 2015) will be met or satisfactory managed by City and/or Hennepin County staff as part of the future development of this site, Staff recommends the City Council adopt for final action the proposed Ordinance amending Chapter 35 of the City Code of Ordinances regarding the zoning classification of certain land 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. Budget Issues: There are no budget issues to consider. Strategic Priorities: Targeted Redevelopment Mission: Ensuring an attractive, clean, safe, inclusive com;nuniti' that enhances the qua/uv of life for all people wul preserves the public trust COUNCI{L ]IThM MEMORANDUM ZONING MAP EXHIBIT CJOP3000PT EE'IESPRE N t OFCOCL -.1 i I I H 4TA LlJIL 53RPPL UPPER '1LI I Lifl un- TWIN - L i -- 53RD VF -w LAKE FHfL i ITJ DC Ii52DAVE LAHLIDL FX I I -F " -0(TPlRSHLE PAR/-i lf -' CS R5 '3p Ippr GOLF COURSE - LILAC DR I iHuuHi F/S HT'1 R3 jI - :1' rPOD/H I - - - - - PURR I - kk BOTH AVE '^E Id SUBJECT SITE R-3 ZONE CURRENT ZONING Oil 0/ UPPER TWIN LAKE CS ( /J-( ±--- LAKESIDE (MINGLE PRK -- LOA LL i Di - F 00 RI - P 4ØØ CRC//U/SEE SCH OOLS COURSE UL A CTDR iTV \'RS V/ tEt'I uj L. 50R1F/POPT ELEMENTARY N SCHOOL .5-I 0 \.\ Tii - aD AVE jZ C PROPOSED ZONING Mission: Ensuiing an 0111? cf ire, clean, suft, inclusive conununitl' that enhances the quality of life .tv all people a d preserves the public ti-iist 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. ORDINANCE NO. 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: W1.i flJI 1ittff11 tTJO!MiI1WU J1J]I[jliftTffh1 i1C]i I JWll*I I 1ulliflll1IL'll*1flUVnnunimrINTAIMJfIwT1JU}1j1IititJIIWfl1JUiI$IUFUJjiIJ - £ 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: Commencina 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 hiahway. Section 2. This ordinance shall become effective after adoption and upon thirty days following its legal publication. Adopted this day of 52015. Mayor ATTEST: City Clerk Date of Publication Effective Date (Note: Strikcout text indicates matter to be deleted, while underline indicates new matter.) 6b) APPLICATION NO. 2015-004; CS PROPERTY NMA, LLC (NEW MILLENNIUM ACADEMY); EVALUATE AND DISCUSS RECOMMENDATION ITEMS FROM JUNE 11, 2015 MEETING; 5120 LILAC DRIVE NORTH Mr. Benetti stated that the Commission is being asked to provide a companion recommendation (amended recommendation of approval from the June 11, 2015 action on this PUD item) to be presented at the July 27, 2015 City Council meeting. He asked the Commission to evaluate and discuss the following recommendation items from the June 11, 2015 meeting: 1.Architectural (materials and features) of the proposed new school building; Mr. Benetti went over the development site plan and the new core elevation plan; new exterior material and color schemes; and the landscaping. He stated that the exterior will be similar to the Shingle Creek Crossing building. 2.Screening and buffering plans for neighborhood residents; and Mr. Benetti stated that he has made several unsuccessful efforts to contact Mrs. Tapelt. He pointed out changes to the grading and an eight-foot high, double sided fence that will be installed which will provide a minimum 6-foot high screening. He stated that the City is also recommending that the school work with the neighbors to provide any additional screening. 3. Traffic Study Findings and Recommendations (ingress and egress). Mr. Benetti went over the traffic and parking study. He pointed out the intersection scheduled to be replaced and stated that the current access point will remain until the intersection is replaced. He stated that the traffic study showed that there will be AM and PM delays and that the final traffic report was not ready in time for the Planning Commission meeting, but City staff is working with Hennepin County Traffic Engineers to reduce PM delays. The school will be adjusting to an earlier start time. He stated that providing a temporary traffic signal at 51st Avenue and Brooklyn Boulevard is not warranted; a lane conversion inside Brooklyn Boulevard as a holding lane for northbound vehicles is not doable; a temporary connection at the Hwy. 100 ramp/Brooklyn Boulevard future intersection was deemed too expensive; and traffic cops are not warranted. The City has asked the Applicant to provide bus lane maps. He explained the bus route that will be used to leave the site and stated that the school will contract with the bus provider regarding the exit plan. Mr. Benetti presented the following agreement with New Millennium Academy: 1 NMA will install a temporary swing gate at the end of Lilac Drive (per City standards and approvals), with the gate to be closed during AM/PM peak hours (or maybe throughout the entire day school is in session). PC Minutes 07-16-15 -7- EXCERPT - DRAFT 2 NMA agrees to accept conditions in the PUD Agreement that prescribe the mandatory and approved bus traffic patterns, visitors' and staffs' vehicles patterns, which enter/exit from this school site. 3 NMA will provide or hire licensed traffic enforcement officer or uniformed police officer(s) to be used for traffic control services during the AM/PM movements, if required. 4 NMA will meet with City of Brooklyn Center [staff] to analyze and assess traffic and access patterns every 6-months or every 12-months, or whenever requested by the City of Brooklyn Center, and will agree to accept any recommendations made by City of Brooklyn Center and/or Hennepin County officials to address or mitigate any traffic/access concerns should they come to light after the school is opened or operating. 5 NMA will post an approved financial guarantee or enter into an agreement to participate in funding of up to $150,000 to be used for the installation of a temporary traffic signal or other traffic mitigation measures, should the City and/or County call for any in the future. This agreement will be brought back to the NMA school board for approval and staff hopes to have it completed by the next City Council meeting. Mr. Benetti stated Planning Staff recommends the Planning Commission provide a companion recommendation (amended recommendation of approval from the June 11, 2015 action on this PUD item) to the City Council regarding Planning Commission Resolution No. 2015-04, with the conditions noted in the Planning Staff report and also similar in the Resolution. Commissioner Morgan stated that things are progressing well. Commissioner Schonning stated that he is happy with the changes to the development plan and that he thinks it will be a greater view and asset. Chair Christensen asked about type of fencing will be used. Mr. Benetti replied that the recommendation is for a solid screen fencing using either wood or maintenance free materials. Chair Christensen recommended that the homeowners provide their preferences for the fence. Mr. Benetti agreed that the neighbors' input is important. He stated that the school will work with homeowners. Chair Christensen expressed concern regarding the drop off and the possibility of snow accumulating in the neighbor's back yard. PC Minutes 07-16-15 -8- EXCERPT-DRAFT Mr. Benetti stated that the elevations are not that different and there is a swell between the properties. Chair Christensen stated that he was pointing out a concern he wanted noted. Commissioner Morgan stated that the City of Brooklyn Center residents he has talked to are happy the school is coming. He thought the Applicant was very thorough, did a good job and he is looking forward to the ground breaking. (Commissioner Ben Freedman arrived at approximately 8:10 p.m. Commissioner Freedman elected to sit in the audience instead of his Commissioner's seat). Chair Christensen asked if the control arm was going to stop all traffic including Happy Hollow residents. Mr. Benetti replied affirmatively and explained that it will probably be in operation during school hours and that he has received an overwhelming response from neighbors that they don't want any traffic through their neighborhood. He is confident that this will address concerns about parents dropping off students and coming through the neighborhood. Director of Business and Development Eitel added that Lilac Avenue via Malmborg' s has not been improved to city street standards. He stated that putting in the control arm will stop traffic from crossing through the school property when school is in session. Chair Christensen stated that he did hear people they say didn't want to increase traffic through the Happy Hollow neighborhood, but doesn't know if it is a good idea for the park. Mr. Benetti stated that the control aim protects the school while school is in session and ensures the goal to prevent traffic, parents and buses from using Lilac. Mr. Eitel stated that another option would be to complete Lilac Avenue and make it a city street. Chair Christensen stated that he wants to make sure that when the street project is finished that 50th or 491h Avenues cannot be used for busing. Mr. Eitel stated that is difficult to tell someone they can't use a city street. Chair Christensen stated that you can tell them that you prefer that they don't. Commissioner Morgan stated that the Commission should be looking at ways to say yes instead of no. Chair Christensen stated that he is thinking of ways to support the Happy Hollow neighborhood. Commissioner Sweeney stated there is no advantage to taking 50th Avenue. PC Minutes 07-16-15 -9- EXCERPT - DRAFT Commissioner Schonning stated that the section of road that has not been developed is a glorified alley and he would see the logic of closing that off short term because it is easy access and people would want to use it. Commissioner Morgan stated that he thinks the City has been very accommodating and has tried to look for solutions. Commissioner Koenig asked about the location of the gate. Mr. Benetti pointed out the location of the gate at the end of Lilac Drive. Mr. Eitel stated that the City is working with the church to improve Lilac Drive. Commissioner MacMillan asked if the gate will be down just during school hours. Mr. Benetti stated that it will be measured. The consensus is to have it shut down all day for the duration of school. The City will work with the school because the school will be opening and shutting in accordance with the City's wishes. He stated that the City Council may give staff discretion to work with the Applicant regarding this issue. Mr. Eitel stated that the gate should be closed during school hours to protect the kids and pedestrians inside the school site from any vehicles that may want to take a short-cut through the school parking lot. Chair Christensen asked about a sign indicating a no-through street. Mr. Benetti stated that any street sign would need to be approved by the City Engineer and installed by the Public Works Department. Commissioner Morgan left the Council Chambers at 8:33 p.m. Chair Christensen stated that he thinks the Commissioners are in consensus on materials, screening and buffering (while making sure the City/school works with the homeowners). The Commissioners will need to agree to let the traffic and egress/ingress issues left in the capable hands of planning staff and the city's traffic engineers. 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) FOR ARCHITECTURAL (MATERIALS AND FEATURES) OF THE PROPOSED NEW SCHOOL BUILDING; SCREENING AND BUFFERING PLANS FOR NEIGHBORING RESIDENTS: AND TRAFFIC STUDY FINDINGS AND RECOMMENDATIONS (INGRESS AND EGRESS), WITH THE CONDITIONS NOTED IN THE PLANNING STAFF REPORT AND ALSO SIMILAR IN THE RESOLUTION. There was a motion by Commissioner Schonning, seconded by Commissioner MacMillan, to provide a companion recommendation to the previously adopted Planning Commission PC Minutes 07-16-15 -10- EXCERPT - DRAFT Resolution No. 2015-04 (dated June 11, 2015), with the following appended findings and conditions: 1.The proposed building materials (as submitted by NMA to the City on 07/08/15) are acceptable, provided the new school building is constructed with 4-sided architecture; 2.The proposed screening measures with minimum 8-foot high screen fence and additional landscaping for the adjacent properties are hereby approved; and 3. The traffic and access alternatives offered by NMA are acceptable. Voting in favor: Chair Christensen, Commissioners Koenig, MacMillan, Schonning, and Sweeney. And the following voted against the same: None The motion passed unanimously (5 -0 in favor, with Commissioner Morgan absent at the time of the vote). The Council will consider this updated information and recommendations at the July 27, 2015 meeting. The applicant should be present to address the Council as necessary. Commissioner Morgan returned to the Council Chambers at 8:39 p.m. PC Minutes 07-16-15 -11- EXCERPT - DRAFT \ .: - , - !iffJWI: •1 •1 - - - I S • TJr -I I 4P-uIe .. .:bJ*C t),:)' . •&,, —i Sir Ire p l- AV fr- Lp 1; 4\,., ,7( " j r"P L 'rt-; — f T If St$'1 t 1 4 — ;., 1; f * IrA!u 4 r:2 a - 4 1 C. • J •.• . 9 -. -•.. .' { '- 'I. Ii .- •-•._. .... t4$ A\&5 \ t4 !ç r/ A — r p V '.c — &f ' J' Jf ., - is - -... —•- _b'A . • S-' P —' r - 'r •-!l1Jr -' —. ,l t - 5, -•' ItT I- -- " - , <-/ 7-#• k/— A- • ••• ••,•••• •• / - _'I 1. •'--'• ; .j •" . '1 City Council Agenda Item N0 8b COUNCI{L ITEM MEMORANDUM DATE: July 27, 2015 TO: Curt Boganey, City ZMaa er j FROM: Vickie Schleuning,tan City Ma ager/Director of Building and Community Standards SUBJECT: An Ordinance Authorizing the Land Exchange Agreement for 3401 53' Ave N and Trail Easement. Recommendation: Staff recommends that the City Council conducts a Public Hearing and consider approval of the second reading of an ordinance authorizing the conveyance of the property located at 3401 53 Ave N in exchange for a Trail Easement. Background: On July 13, 2015, the City Council passed the first reading and scheduled the Public Hearing for conveyance of the property located at 3401 53rd Ave N in exchange for a Trail Easement; and scheduled the second reading and Public Hearing for July 27, 2015. The Notice of Public Hearing was published in the Brooklyn Center Sun Post on July 16, 2015. Please refer to the attached Council Item Memorandum from July 13, 2015 for more information. If adopted, the ordinance will go into effect on August 27, 2015. A summary of the steps required to execute the land exchange is: o EDA approve a resolution approving Land Exchange Agreement and conveyance of the Subject Property to City. (Completed on 7/13/2015) o City Council approve an Ordinance (first reading (7/13/2015), public hearing and second reading) approving the Land Exchange Agreement and authorizing the conveyance of the Subject Property to Lake Point Apartments LLC in exchange for the Trail Easement. o All parties sign the Land Exchange Agreement. • Thirty days after publication of the ordinance, the closing of the exchange of the Subject Property deed to Lake Point Apartments LLC and the Trail Easement executed by the City and Lake Point Apartments, LLC will occur. City staff will work with Three Rivers Park District to design and construct the trail. The construction of the trail is tentatively planned for fall 2015, and is included in the Capital Improvement Plan. Budget Issues: The costs associated with this transaction are budgeted out of the TIF 3 Housing Fund. iWission: Ensuring an attractive, clean, safe, inclusive comnwnit' that enhances the qualm' of life for all people and preserves the public trust 4643970 CBR BR291-352 I[I1IJhS1 I fl N M'A U I k'A (I) 1I WJhYA I Strategic Priorities: Enhanced Community Image Attachment: Ordinance July 13, 2015 City Council Memorandum Mission: Ensiiiing an attractive, clean, safe, inclusive coinnuinity that enhances the quality of life for all people and preserves the public trust 464397v3 CBR BR291-352 Attachment I- Ordinance CITY OF BROOKLYN CENTER Notice is hereby given that a Public Hearing will be held on the 27 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 sale and exchange 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 CONVEYANCE OF PROPERTY AND THE LAND EXCHANGE AGREEMENT (3401 53'' AVE N) THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: I. BACKGROUND 1.1. Economic Development Authority of Brooklyn Center, Minnesota ("EDA") acquired property in the City legally described as: The North 110.02 feet of the East 142.6 feet of the Northwest Quarter of the Northeast Quarter of Section 10, Township 118, Range 21, Hennepin County, Minnesota. (the "Subject Property"). 1.2. EDA has agreed to convey the Subject Property to the City. 1.3. The City wishes to facilitate the conveyance of the Subject Property from the EDA to the City and then to Lake Point Apartments LLC on the condition that Lake Point Apartments LLC conveys a Trail Easement over a portion of the Lake Point Parcel legally described as: That part of Lot 1, Block 1, TERRACE APARTMENTS ADDITION, Hennepin County, Minnesota, described as follows: Beginning at the northeast corner of said Lot 1; thence North 89 degrees 34 minutes 37 seconds West (assumed bearing) along the north line of said Lot 1 a distance of 86.57 feet; thence South 00 degrees 26 minutes 05 seconds West 55.20 feet; thence South 02 degrees 48 minutes 05 seconds East 189.69 feet; thence South 02 degrees 49 minutes 14 seconds West 35.26 feet; thence South 16 degrees 20 minutes 37 seconds West 137.34 feet; thence South 39 degrees 25 minutes 19 seconds West 109.74 feet; thence South 22 degrees 47 minutes 10 seconds West 137.27 feet; thence South 23 degrees 37 minutes 43 seconds West a distance of 43.68 feet; thence South 23 degrees 37 minutes 43 seconds West 153.96 feet; thence South 09 degrees 01 minute 49 seconds West 62.08 feet; thence South 31 degrees 50 minutes 37 seconds West 259.74 feet; thence South 24 degrees 16 minutes 46 seconds West 47.84 feet; thence South 36 degrees 28 minutes 26 seconds West 79.17 feet; thence South 32 degrees 11 minutes 26 seconds West 271.27 feet; thence South 57 degrees 48 minutes 34 seconds East 18.00 feet; thence South 32 degrees 11 minutes 26 seconds West 475.34 feet to the westerly line of said Lot 1; thence South 01 degree 43 minutes 38 seconds East along said westerly line 31.53 feet to the most southerly corner of said Lot 1; thence North 32 degrees 06 minutes 27 seconds East along the easterly line of said Lot 1 a distance of 1289.85 feet to an angle point on said easterly line; thence North 16 degrees 07 minutes 37 seconds East continuing along said easterly line 298.57 feet to an angle point on said easterly line; thence South 89 degrees 34 minutes 37 seconds East continuing along said easterly line a distance of 54.74 feet to an angle point on said easterly line; thence northeasterly 156.73 feet along a non-tangential curve concave to the west, having a radius of 894.93 feet and a central angle of 10 degrees 02 minutes 04 seconds and a chord bearing of North 11 degrees 15 minutes 18 seconds East; thence North 06 degrees 14 minutes 06 seconds East continuing along said east line 186.98 feet; thence northerly 153.54 feet continuing along said east line along a tangential curve concave to the east having a radius of 469.26 feet and a central angle of 18 degrees 44 minutes 51 seconds to the point of beginning. ("Lake Point Parcel") II. CONVEYANCE OF PROPERTY 2.1. The Mayor and City Manager are authorized and directed to execute the Land Exchange Agreement, Trail Easement, and a quit claim deed to the Subject Property and take all steps necessary to affect the transfer of the Subject Property to Lake Point Apartments LLC pursuant to the terms of the Land Exchange Agreement. III. EFFECTIVE DATE 3.1. This Ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of , 2015. Mayor ATTEST: City Clerk Date of Publication Effective Date (Strikeout indicates matter to be deleted, double underline indicates new matter.) COUNCIL ITEM MEMORANDUM DATE: July 13, 2015 TO; Curt Boganey, FROM: Vickie Schleuning, Assistant City Manager/Director of Building and Community Standards SUBJECT: An Ordinance Authorizing the Land Exchange Agreement for 3401 53'd Ave N and Trail Easement. Recommendation: Staff recommends the City Council consider approving first reading of an Ordinance authorizing the conveyance of the property located at 3401 53rd Ave N in exchange for a Trail Easement; and scheduling second reacting and Public Hearing for July 27, 2015. Background: The Economic Development Authority of Brooklyn Center, Minnesota ("EDA") purchased the property located at 3401 53'd Ave N on May 17, 2012, for $32,700 ("the Subject Property"). The deteriorated house was demolished. The value of the Subject Property according to Hennepin County is approximately $30,700. Options for use of the Subject Property were reviewed. Because of the size of the Subject Property and location, constructing a new house or other structure on the Subject Property is not recommended at this time. The EDA has an agreement with the adjacent property owner, Lake Point Apartments LLC ("Lake Point") that allows Lake Pointe to install a fence across the Subject Property and requires Lake Pointe to maintain the Subject Property. City staff from Business & Development, Public Works, and Administration has been working with Lake Point and Three Rivers Park District regarding an easement to relocate the trail ("Trail Easement") across property owned by Lake Pointe ("Lake Pointe Parcel"). Trail information: Staff, along with Three Rivers Park District, is in the process of relocating the trail that is located along France Ave from 53 Ave to 50111 Ave N to the area parallel to Highway 100. This would provide a more efficient and safer route for trail users. In order to relocate the trail, Lake Pointe is providing a Trail Easement along the east side of the Lake Pointe Parcel along 1-lighway 100. In consideration for the conveyance of the easement to the City, the City will convey the Subject Property to Lake Point. Because the Trailway Cooperative Agreement is between the City and Three Rivers Park District, the EDA has agreed to convey the Properly to the City. A summary of the steps required to execute the land exchange is: EDA approve a resolution approving Land Exchange Agreement and conveyance of the Subject Property to City. City Council approve an Ordinance (first reading, public hearing and second reading) approving the Land Exchange Agreement and authorizing the conveyance of the Subject Property to Lake Point Apartments LLC in exchange for the Trail Easement. ]Llissio,z: Ensuring an ullracth'e, clean, s(mle, inclusive conliliunhty that enhances the qnalit.i' of life for oil people (11111 prese;I'es Ilieptiblic host 464397v3 cart BR291-352 [i]U[IflV M hNtU (I) MLA • All parties sign the Land Exchange Agreement. • Thirty days after publication of the ordinance, the closing of the exchange of the Subject Property deed to Lake Point Apartments LLC and the Trail Easement executed by the City and Lake Point Apartments, LLC will occur. City staff will work with Three Rivers Park District to design and construct the trail. The construction of the trail is tentatively planned for fall 2015, and is included in the Capital Improvement Plan. Budget Issues: The costs associated with this transaction are budgeted out of the TIF 3 Housing Fund. Strategic Priorities: o Enhanced Community Image Attachment: Attachment I - Map of City Property Attachment II - Map of Trail Easement Property- For Illustrative Purposes Only Attachment III- Ordinance Attachment IV- Resolution Exhibit A- Subject Property Legal Descriptions Exhibit B- Lake Point Parcel Legal Descriptions Exhibit C- Draft Land Exchange Agreement Mission: Ensuring an attractive, clean, safe, inclusive coinniullity that enhances the quality of life for ailpeople and preserves the public trust 4643970 CBR BR291352 Attachment I - Map of City Property 7 Approximate property border U -:I :1 13 1 Approximate trail location W. 1!it j!\ 1)I$i i.. Attachment II: Map of Trail Easement Property For Illustrative Purposes Only SKETCH DES CR TION Ior- LAKE POINT APARTMETS LEC PROPERTY ADDRESS: 3305 33RD AVE. NO,, BROOKLYN CENTER, MN ....- . 7 /7 7/Ia) NORTH GRPB1C SCALE Me- \ \) (1 l'2 ft "r"' c,nuann.t,n ,m,, I., -If' ___ rosm,C?RoPflflVtJESCmPflON.,/ /r' Lw Vxv^rm Ja 5W 464397v3 CBR BR291-352 Attachment III - Ordinance CITY OF BROOKLYN CENTER Notice is hereby given that a Public Hearing will be held on the 27 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 sale and exchange 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 CONVEYANCE OF PROPERTY AND THE LAND EXCHANGE AGREEMENT (3401 53km AVE N) THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: I. BACKGROUND 1.1. Economic Development Authority of Brooklyn Center, Minnesota ("EDA") acquired property in the City legally described as: The North 110.02 feet of the East 142.6 feet of the Northwest Quarter of the Northeast Quarter of Section 10, Township 118, Range 21, Hennepin County, Minnesota. (the "Subject Property"). 1.2. EDA has agreed to convey the Subject Property to the City. 1.3. The City wishes to facilitate the conveyance of the Subject Property from the EDA to the City and then to Lake Point Apartments LLC on the condition that Lake Point Apartments LLC conveys a Trail Easement over a portion of the Lake Point Parcel legally described as: That part of Lot 1, Block 1, TERRACE APARTMENTS ADDITION, Hennepin County, Minnesota, described as follows: Beginning at the northeast corner of said Lot 1; thence North 89 degrees 34 minutes 37 seconds West (assumed bearing) along the north line of said Lot 1 a distance of 86.57 feet; thence South 00 degrees 26 minutes 05 seconds West 55.20 feet; thence South 02 degrees 48 minutes 05 seconds East 189.69 feet; thence South 02 degrees 49 minutes 14 seconds West 35.26 feet; thence South 16 degrees 20 minutes 37 seconds West 137.34 4643970 CBR BR291-352 feet; thence South 39 degrees 25 minutes 19 seconds West 109.74 feet; thence South 22 degrees 47 minutes 10 seconds West 137.27 feet; thence South 23 degrees 37 minutes 43 seconds West a distance of 43.68 feet; thence South 23 degrees 37 minutes 43 seconds West 153.96 feet; thence South 09 degrees 01 minute 49 seconds West 62.08 feet; thence South 31 degrees 50 minutes 37 seconds West 259.74 feet; thence South 24 degrees 16 minutes 46 seconds West 47.84 feet; thence South 36 degrees 28 minutes 26 seconds West 79.17 feet; thence South 32 degrees 11 minutes 26 seconds West 271.27 feet; thence South 57 degrees 48 minutes 34 seconds East 18.00 feet; thence South 32 degrees 11 minutes 26 seconds West 475.34 feet to the westerly line of said Lot 1; thence South 01 degree 43 minutes 38 seconds East along said westerly line 31.53 feet to the most southerly corner of said Lot 1; thence North 32 degrees 06 minutes 27 seconds East along the easterly line of said Lot 1 a distance of 1289.85 feet to an angle point on said easterly line; thence North 16 degrees 07 minutes 37 seconds East continuing along said easterly line 298.57 feet to an angle point on said easterly line; thence South 89 degrees 34 minutes 37 seconds East continuing along said easterly line a distance of 54.74 feet to an angle point on said easterly line; thence northeasterly 156.73 feet along a non-tangential curve concave to the west, having a radius of 894.93 feet and a central angle of 10 degrees 02 minutes 04 seconds and a chord bearing of North 11 degrees 15 minutes 18 seconds East; thence North 06 degrees 14 minutes 06 seconds East continuing along said east line 186.98 feet; thence northerly 153.54 feet continuing along said east line along a tangential curve concave to the east having a radius of 469.26 feet and a central angle of 18 degrees 44 minutes 51 seconds to the point of beginning. ("Lake Point Parcel") II. CONVEYANCE OF PROPERTY 2.1. The Mayor and City Manager are authorized and directed to execute the Land Exchange Agreement, Trail Easement, and a quit claim deed to the Subject Property and take all steps necessary to affect the transfer of the Subject Property to Lake Point Apartments LLC pursuant to the terms of the Land Exchange Agreement. III. EFFECTIVE DATE 3.1. This Ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of ,2015. Mayor ATTEST: City Clerk 4643970 CBRBR29I-352 Date of Publication Effective Date (Sti4kee+it indicates matter to be deleted, double underline indicates new matter.) 4643970 CBR BR291 -352 Attachment IV - Resolution Member introduced the following resolution and: moved its adoption: RESOLUTION NO. RESOLUTION APPROVING LAND EXCHANGE AGREEMENT FOR PARCEL 01-118- 21-112-0001 WHEREAS, The City wishes to facilitate the conveyance of the Subject Property from the Economic Development Authority (EDA) to the City and then to Lake Point Apartments LLC on the condition that Lake Point Apartments LLC exchanges the Subject Property for a Trail Easement over a portion of the Lake Point Parcel; and WHEREAS, it is beneficial to the city to facilitate the land exchange; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, approves the attached Land Exchange Agreement and conveyance of the Subject Property pursuant to the terms of the Land Exchange Agreement. July l3,2015 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. 4643970 CBRBR29I-352 EXHIBIT A LEGAL DESCRIPTION OF "SUBJECT PARCEL" The North 110.02 feet of the East 142.6 feet of the Northwest Quarter of the Northeast Quarter of Section 10, Township 118, Range 21, Hennepin County, Minnesota. Torrens Certificate of Title No. 1353209 464397v3 CBR BR?-91-352 EXHIBIT B LEGAL DESCRIPTION OF "LAKE POINT PARCEL" Lot 1, Block 1, Terrace Apartments Addition. Torrens Certificate of Title No. 1366461 That part of Lot 1, Block 1, TERRACE APARTMENTS ADDITION, Hennepin County, Minnesota, described as follows: Beginning at the northeast corner of said Lot 1; thence North 89 degrees 34 minutes 37 seconds West (assumed bearing) along the north line of said Lot 1 a distance of 86.57 feet; thence South 00 degrees 26 minutes 05 seconds West 55.20 feet; thence South 02 degrees 48 minutes 05 seconds East 189.69 feet; thence South 02 degrees 49 minutes 14 seconds West 35.26 feet; thence South 16 degrees 20 minutes 37 seconds West 137.34 feet; thence South 39 degrees 25 minutes 19 seconds West 109.74 feet; thence South 22 degrees 47 minutes 10 seconds West 137.27 feet; thence South 23 degrees 37 minutes 43 seconds West a distance of 43.68 feet; thence South 23 degrees 37 minutes 43 seconds West 153.96 feet; thence South 09 degrees 01 minute 49 seconds West 62.08 feet; thence South 31 degrees 50 minutes 37 seconds West 259.74 feet; thence South 24 degrees 16 minutes 46 seconds West 47.84 feet; thence South 36 degrees 28 minutes 26 seconds West 79.17 feet; thence South 32 degrees 11 minutes 26 seconds West 271.27 feet; thence South 57 degrees 48 minutes 34 seconds East 18.00 feet; thence South 32 degrees 11 minutes 26 seconds West 475.34 feet to the westerly line of said Lot 1; thence South 01 degree 43 minutes 38 seconds East along said westerly line 31.53 feet to the most southerly corner of said Lot 1; thence North 32 degrees 06 minutes 27 seconds East along the easterly line of said Lot 1 a distance of 1289.85 feet to an angle point on said easterly line; thence North 16 degrees 07 minutes 37 seconds East continuing along said easterly line 298.57 feet to an angle point on said easterly line; thence South 89 degrees 34 minutes 37 seconds East continuing along said easterly line a distance of 54.74 feet to an angle point on said easterly line; thence northeasterly 156.73 feet along a non-tangential curve concave to the west, having a radius of 894.93 feet and a central angle of 10 degrees 02 minutes 04 seconds and a chord bearing of North 11 degrees 15 minutes 18 seconds East; thence North 06 degrees 14 minutes 06 seconds East continuing along said east line 186.98 feet; thence northerly 153.54 feet continuing along said east line along a tangential curve concave to the east having a radius of 469.26 feet and a central angle of 18 degrees 44 minutes 51 seconds to the point of beginning. 464397v3 CBR BR291-352 EXHIBIT C LAND EXCHANGE AGREEMENT This Land Exchange Agreement ("Agreement") is made this day of 2015, by and among the Economic Development Authority of Brooklyn Center, Minnesota, a public body corporate and politic under the laws of the State of Minnesota ("EDA"), City of Brooklyn Center, a Minnesota municipal corporation ("City"), and Lake Point Apartments LLC, a Minnesota limited liability company ("Lake Point"). RECITALS The FDA owns certain property located in Brooklyn Center, Minnesota, which is legally described on Exhibit A attached hereto ("City Parcel") The FDA desires to convey the City Parcel to the City in order to facilitate the exchange of the City Parcel for an easement to the City. Lake Point is the fee owner of certain property located in Brooklyn Center, Minnesota, which legally described on Exhibit B attached hereto ("Lake Point Parcel"). The City and Lake Point wish to exchange the City Parcel for a trail easement over a portion of the Lake Point Parcel (the "Land Exchange"). AGREEMENT The parties hereto hereby agree as follows: 1.OFFER/ACCEPTANCE. In consideration of the mutual agreements herein contained, the EDA offers and agrees to convey the City Parcel to the City, the City offers and agrees to convey the City Parcel to Lake Point, and Lake Point offers and agrees to convey to the City an easement for trail purposes in the form attached hereto as Exhibit C (the "Easement"). Each Party accepts the parcels so offered. 2.VALUE FOR STATE DEED TAX PURPOSES: For purposes of determining value for State Deed Tax, the parties agree that no funds are being exchanged aid that the Easement is given as consideration for the conveyance of the City Parcel. 3. DEED/MARKETABLE TITLE: Subject to performance by Lake Point, City agrees to execute and deliver a Quit Claim Deed conveying marketable title to the City Parcel to Lake Point, subject only to the following exceptions: A Building and zoning laws, ordinances, state and federal regulations. B. Reservation of minerals or mineral rights to the State of Minnesota, if any. 4643 970 CBR BR291-352 C. Easements of record. Subject to performance by City, Lake Point agrees to execute and deliver an easement in substantially the form attached hereto as Exhibit C. 4. DOCUMENTS TO BE DELIVERED AT CLOSING. In addition to the Quit Claim Deed required by paragraph 3 above, City shall deliver to Lake Point: A.Quit Claim Deed from EDA to City; B.Standard form Affidavit of Seller; C.Well Disclosure Certificate; D.City Approval Form for lot combination; E. Such other documents as may be reasonably required by Lake Point's title examiner or title insurance company. In addition to the Easement required by paragraph 3 above, Lake Point shall deliver to City: A.Consent and Joinder from mortgagees of the Lake Point Parcel, if any; B.Request for Lot Combination for tax purposes to Hennepin County; C. Such other documents as may be reasonably required by City's title examiner or title insurance company. 5. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. A.No taxes are due in 2015 on the City Parcel. B.City shall pay at or before closing the unpaid balance of all levied special assessments on the City Parcel. C. Lake Point shall assume all special assessments against the City Parcel to be conveyed to it that are levied after the date of closing. 6. MARKETABILITY OF TITLE. As soon as reasonably practicable after the execution of this Agreement by the parties, Lake Point shall obtain the title evidence determined necessary or desirable by Lake Point. Lake Point shall have ten (10) days from the date it receives such title evidence to raise any objections to title. Objections not made within such time will be deemed waived. The City may affect a cure satisfactory to Lake Point or may give written notice to Lake Point that City elects not to cure. Lake Point may then elect to close notwithstanding the 4643970 CBR 0R291-352 uncured objections, or may declare this Agreement null and void and the parties will thereby be released from any further obligation hereunder. 7. ENVIRONMENTAL MATTERS. A.Each party wairants that its property has not been used for production, storage, deposit or disposal of any toxic or hazardous waste or substance, petroleum product or asbestos product during the period of time the party has owned the property. Each party further warrant that it has no knowledge or information of any fact that would indicate its property was used for production, storage, deposit or disposal of any toxic or hazardous waste or substance, petroleum product or asbestos product prior to the date the party purchased its property. Notwithstanding the above, each party's warranties regarding petroleum products do not preclude the presence of heating oil or other similar products used as a heating fuel on its property or above-ground gasoline or oil used for routine maintenance of their respective property but each party does warrant that if there was a fuel tank on its property used for the storage of heating oil or other similar product, the party has no knowledge of any leak in the tank or contamination caused thereby. B.Each party and its agents shall have the right to enter upon the other's property after the date of this Agreement for the purpose of inspecting and surveying the property it will acquire and conducting such environmental examination and tests as it deems necessary. Each party agrees to indemnify the other, to the extent such indemnification is legally authorized, against any liens, claims, losses, or damage occasioned by the other party's exercise of its right to enter and work on the property. Each party agrees to provide the other parties with a copy of any report as a result of such examination and tests. If such environmental examination results in a finding that there are or may be pollutants 91 contaminants on the property, the party proposed to receive the property may terminate this Agreement at any time prior to the Closing Date. 8. CLOSING DATE. The closing of the Land Exchange shall take place on or before August 31, 2015. The closing shall take place at City's offices, City Hall, Brooklyn Center, Minnesota, or such other location as is mutually agreed upon by the parties. 9. CLOSING COSTS AND RELATED ITEMS. Lake Point will be responsible for: A.Payment of fees charged in connection with title evidence obtained by Lake Point for the City Parcel; B.Recording fees of instruments required to establish marketable title in Lake Point Parcel; C, All fees for title evidence and title insurance, if Lake Point elects to purchase such insurance, including closing fees on City Parcel; 4643970 CBR BR291-352 D.Recording fee for the deed on the City Parcel; and E.Conservation fee on the City Parcel Deed. City will be responsible for: A.Title evidence it elects to obtain; B.Recording fees of instruments required to establish marketable title in the City Parcel; C.Recording fee for Well Disclosure Certificate; D.State Deed Tax and conservation fee for the deed from EDA to City; B. State Deed Tax on the City Parcel deed; and F. Recording fees for the Easement. Unless otherwise provided herein, Lake Point shall be responsible for the payment of all other closing costs and fees. Each party will be responsible for its own attorneys' fees and costs. 10. POSSESSION/CONDITION OF PROPERTY. A.Possession. The Parties agree to deliver possession not later than date of Closing ("Date of Possession"). B.Condition of Property/No Personal Property. Each party shall deliver possession of its respective property to the other party on the Date of Possession in the same condition as the property existed on the date of this Agreement. Each party acknowledges is property is vacant land and there is no personal property included in this exchange. 11. DAMAGES TO RE AL PROPERTY. If the City Parcel or Lake Point Parcel is damaged prior to closing, City or Lake Point may rescind this Agreement by notice to the other Party within twenty-one (21) days after notification of such damage, dining which 21-day period City or Lake Point may inspect the real property. 12, DISCLOSURE; INDIVIDUAL SEWAGE TREATMENT SYSTEM. Each party certifies to the other parties that it does not know of any individual sewage treatment systems on the property it will transfer. 13. CONDITION OF SUBSOIL AND GROUND WATER. Each Party hereby warrants to the other parties that during the time it has owned the property contemplated in this Agreement, there have been no acts or occurrences upon the property that have caused or 4643 970 CBR BR291-352 could cause impurities in the subsoil or ground water of the property or other adjacent properties. This warranty shall survive for a period of two years following the date of Closing. 14.WELL DISCLOSURE. The City certifies the following well status as to the City Parcel: O The Seller certifies that the Seller does not know of any wells on the described real property. A well disclosure certificate accompanies this document. 0 I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. 15.SELLER'S WARRANTIES. Each Party warrants that there has been no labor or material furnished to its property for which payment has not been made. Each Party warrants that there are no present violations of any restrictions relating to the use or improvement of its respective property. These warranties shall survive the closing of this transaction. 16.TERMINATION OF AGREEMENT WITH EPA. The EDA and Lake Point agree that upon closing of the transactions contemplated by this Agreement, the agreement between the EDA and Lake Point made by letter from the EDA to Lake Point dated July 26, 2013 and accepted by Lake Point on July 31, 2013 shall terminate. 17.BROKER COMMISSIONS. Lake Point and the City represent and warrant to each other that there is no broker involved in this transaction with whom either has negotiated or to whom either has agreed to pay a broker commission. Lake Point agrees to indemnify City for any and all claims for brokerage commissions or finders' fees in connection with negotiations for exchange of the City Parcel arising out of any alleged agreement or commitment or negotiation by Lake Point, to the extent such indemnification is authorized by law; and City agrees to indemnify Lake Point for any and all claims for brokerage commissions or finders' fees in connection with negotiations for exchange of the City Parcel arising out of any alleged agreement or commitment or negotiation by City, to the extent such indemnification is authorized by law. 18.NO MERGER OF REPRESENTATIONS, WARRANTIES. All representations and warranties contained in this Agreement shall not be merged into any instruments or conveyance delivered at Closing, and the parties shall be bound accordingly. 19.ENTIRE AGREEMENT; AMENDMENTS. This Agreement constitutes the entire agreement between the parties and no other agreement prior to this Agreement shall be effective except as expressly set forth or incorporated herein. Any purported amendment shall not be effective unless it shall be set forth in writing and executed by both parties or their respective successors or assigns. 20. BINDING EFFECT; ASSIGNMENT. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, successors 4643970 CBR BR291-352 and assigns. The parties shall not assign its rights and interest hereunder without notice to the other party. 21.NOTICE. Any notice, demand, request or other communication that may or shall be given or served by the parties shall be deemed to have been given or served on the date the same is deposited in the United States Mail, registered or certified, postage prepaid and addressed as follows: a, If to Lake Point: Lake Point Apartments LLC ATTN:______ 6401 Camden Avenue North Minneapolis, MN 55430 C. If to City: City of Brooklyn Center ATTN: Gary Eitel 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 with a copy to: Troy J. Gilchrist, Esq. Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9214 d. If the EDA: City of Brooklyn Center EDA ATFN: Gary Eitel 63 01 Shingle Creek Parkway Brooklyn Center, MN 55430 with a copy to: Troy J. Gilchrist, Esq. Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9214 22.SPECIFIC PERFORMANCE. This Agreement may be specifically enforced by the parties, provided that any action for specific enforcement is brought within six months after the date of the alleged breach. This paragraph is not intended to create an exclusive remedy for breach of this agreement; the parties reserve all other remedies available at law or in equity. 23. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. 4643970 COR BR291-352 24. RECITALS. The Recitals set forth in the preamble to this Agreement and the Exhibits attached to this Agreement are incorporated into this Agreement as if fully set forth herein. IN WITNESS WHEREOF, the parties have executed this agreement as of the above date. Lake Point Apartments LLC By: Its: Sign: Date: CITY OF BROOKLYN CENTER By: Tim Willson, Mayor By: Curt Boganey, City Manager Date: ECONOMIC DEVELOPMENT AUTHORITY OF BROOKLYN CENTER, MINNESOTA By: Tim Willson, President 4643970 CBRBR29I-352 By: Curt Boganey, Executive Director Date: 4643970 CBRBR291-352 City Council Agenda Item No. 9a I COUNCW JITEM MEMORANDUM DATE: July 27, 2015 TO: Curt Boganey, City Manager FROM: Tim Benetti, Planning and Zoning Specialist THROUGH: Gary Eitel, Director of Business and Development SUBJECT: Resolution Regarding the Disposition of Planning Commission Application No. 2015-006, submitted by Jorri Carter for Special Use Permit Approval of a Special Home Occupation Allowing a Recording Studio Inside a Residential Dwelling in the R-1 One Family Residence District, located at 2914 - 53rd Avenue North. Recommendation: It is recommended that the City Council, following consideration of this item, adopt the Resolution regarding the disposition of Planning Commission Application No. 2015-006, submitted by Jorri Carter for Special Use Permit Approval of a Special Home Occupation allowing a recording studio inside a residential dwelling in the R-1 One Family Residence District, located at 2914 - 53' Avenue North. Background: The subject property is located in the R-1 One Family Residence District. A special home occupation, as defined under City Code Section 35-406, may involve periodic customer or clientele traffic to the home; equipment not customarily found or used in typical residential dwellings; and/or one outside employee not living at the residence. This section also includes specific standards which govern such residential uses. These factors require consideration of a special use permit under a public hearing process by the Planning Commission, with final consideration and approval by the City Council. On July 16, 2015, the Planning Commission conducted a public hearing on this item, and staff noted the City received one phone call from an adjacent neighbor expressing support of this application, and one official statement from a neighboring resident expressing their concerns of this home business, which were read into the meeting minutes. One statement in particular which caused concern with the Planning Commission was alleged "drug use on the properly". Prior to this meeting, planning staff checked with the police department for any reports or disturbance calls registered to this property. There were a few reports of civil matters (dispute over personal property) and property damage (brick through window), but no drugs/narcotic disturbances or other suspicious activities. Planning Staff stated if neighbors observe illegal activities [even alleged] or other disturbances from the subject property, they should report those immediately to the police department or planning department as necessary. Should this residence or the business activity under this Mission: Ensuring an attractive, clean, safe, inclusive conanunity that enhances the quality of life For (l/people and preserves the public trust I[I1IJ[J I N I aIL'A UhYA I kA (I] UII I special permit be determined as the root cause of neighborhood disturbances or continuous illegal activity calls from this property, the City can or will bring this special use permit back for reconsideration if necessary. (Note: as a follow-up, the concerned resident called planning staff the next morning and stated she spoke directly with the Applicant afterwards, who assured her that any activities that cause her or other neighbors concern, he will personally take care of himself and will cooperate with the police to resolve any issues or calls on his property. The neighboring resident stated she was withdrawing her concerns at this time and no longer objected to this special use permit,) Upon close of the public hearing, the Planning Commission engaged in discussion of allowing Sunday hours for this recording studio business, in order to accommodate musicians and artists untraditional schedules. The initial recommendation from Planning Staff was to prohibit Sunday hours. The Commission chose to adopt an amendment to the PC Resolution (by 5-1 vote) to allow Sunday hours from 12:00 Noon to 4:00 PM. Immediately following this amendment action, the Planning Commission adopted Resolution No. 2015-06, in which the Commission provides a favorable and unanimous (6-0) recommendation of this special use permit application. This resolution is attached, along with the Planning Staff Report regarding Planning Application No. 2015-006. Excerpt minutes from this meeting are also attached for the Council's review. Budget Issues: There are no budget issues to consider. Strategic Priorities: Resident Economic Stability I'Iicsio,,: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life For all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. 2015- RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2015-006 SUBMITTED BY JORRI CARTER FOR SPECIAL USE PERMIT APPROVAL OF A SPECIAL HOME OCCUPATION ALLOWING A RECORDING STUDIO INSIDE A RESIDENTIAL DWELLING IN THE R-1 ONE FAMILY RESIDENCE DISTRICT (2914— 53 RD NORTH) WHEREAS, Planning Commission Application No. 2015-006 submitted by Jorri Carter ("Applicant") requesting a Special Use Permit of a Special Home Occupation allowing a recording studio inside a residential dwelling located at 2914 - 53hI Avenue North ("Subject Property"); and WHEREAS, the Subject Property is situated in the R-1 One Family Residence District, and pursuant to City Code Section 35-3 10, Subd. 2. Special Uses, "Special home occupation as defined in Section 35-900" are allowed in the RI District by means of special use permit approved by the City Council, and the Applicant has submitted such application to the City of Brooklyn Center for official consideration under Planning Application No. 2015-006; and WHEREAS, the Planning Commission held a duly noticed and called public hearing on July 16, 2015, whereby a planning staff report was presented, and public testimony regarding the special use permit were received and noted for the record; and WHEREAS, the Planning Commission considered the Special Use Permit request according to the general standards noted under City Code Section 35-406, Additional Requirements for Special Home Occupations, and determined this special home occupation permit met or would meet these standards and requirements; and WHEREAS, the Planning Commission considered the Special Use Permit request in light of all testimony received, and found the request complies with the general goals and objectives of the City's 2030 Comprehensive Plan; and meets the guidelines and standards for evaluating this special use permit contained in Section 35-220 of the City's Zoning Ordinance; and WHEREAS, the Planning Commission adopted Planning Commission Resolution No. 2015-06, which provides a favorable and unanimous recommendation to the City Council that Planning Application No. 2015-006 may be approved with certain conditions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the recommendation from the Planning Commission regarding the Special Use Permit of a Special Home Occupation as comprehended under Planning Application No. 2015-006, is hereby acceptable, and finds the request complies with the general goals and objectives of the City's 2030 Comprehensive Plan, and meets the guidelines and standards for evaluating a special use permit as contained in Section 35-220 of the City's Zoning RESOLUTION NO. 2015- Ordinance, which are noted as follows: A.The establishment, maintenance, or operation of the special use will not be detrimental to or endanger the public health, safety, morals, or comfort. B.The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. C.The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. D.Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets. E. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the Special Use Permit of a Special Home Occupation allowing a recording studio inside a residential dwelling, as comprehended under Planning Commission Application No. 2015-006, is hereby approved subject to the following conditions: The special use permit is granted for a recording studio use in the upper one-half level of the home at 2914 - 53'd Avenue North. Said home occupation shall be limited to no more than ten (10) customers or clientele traffic to and from the home, and the involvement of only one (1) non-resident employee in the conduct of the home occupation (studio business). 2.The hours of operation shall be between 9:00 a.m. and 9:00 p.m., Monday through Saturday, and the studio will be limited to 12:00 Noon to 4:00 PM on Sundays. Customers may utilize the recording studio on an appointment only basis and only at a time when the Applicant and/or partner/employee are present. 3.The studio shall be limited to no more than two (2) recording artists at one time, with no live music or instruments allowed. All music or tracks of music must be played through head phones worn by the recording artists and technicians; or played at normal, orderly levels that do not cause any disturbances to neighboring residents or exceed lawful decibel levels prescribed by City Code. 4. The Applicant shall agree to eliminate or mitigate all noise and personally address RESOLUTION NO. 2015- any complaints from neighboring residents, should they occur as a direct result of these recording studio operations. The windows in the upstairs room studio shall be closed while recording sessions are in progress. Failure to address or mitigate any noise from this studio shall result in the revocation of this special use permit by the City, and a further order from the City to cease and desist any future recording operations from this dwelling. 5.This home occupation may not be altered or expanded in any way not comprehended by this application without first securing an amendment to the special use permit. 6.The special use permit is subject to applicable codes, ordinance and regulations. Any violation thereof may be grounds for revocation. 7.All parking associated with this home occupation shall be off-street on improved space provided by the Applicant. There shall be no on-street parking associated with this home occupation and all vehicle parking on the property shall be in compliance with Section 19-103, Subdivision 12 of the City Ordinances. 8.The Applicant shall comply with all recommendations of the Building Official with respect to safety related matters regarding the location and operation of this home occupation. 9. The Applicant shall provide appropriate fire extinguishers and other safety materials in the area of the home occupation per the recommendation of the Building Official. July 27, 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. © L Commissioner Schonning introduced the following resolution and moved its adoption PLANNING COMMISSION RESOLUTION NO. 2015-06 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2015-006 SUBMITTED BY JORRI CARTER FOR SPECIAL USE PERMIT APPROVAL OF A SPECIAL HOME OCCUPATION ALLOWING A RECORDING STUDIO INSIDE A RESIDENTIAL DWELLING IN THE RI ONE FAMILY RESIDENCE DISTRICT (2914— 53 RD NORTH) WHEREAS, Planning Commission Application No. 2015-006 submitted by Jorri Carter ("Applicant") requesting a Special Use Permit of a Special Home Occupation allowing a recording studio inside a residential dwelling located at 2914 - 53 Avenue North ("Subject Property"); and WHEREAS, the Subject Property is situated in the R-1 One Family Residence District, and pursuant to City Code Section 35-3 10, Subd. 2. Special Uses, "Special home occupation as defined in Section 35-900" are allowed in the RI District by means of special use permit approved by the City Council, and the Applicant has submitted such application to the City of Brooldyn Center for official consideration under Planning Application No. 2015-006; and WHEREAS, the Planning Commission held a duly noticed and called public hearing on July 16, 2015, whereby a planning staff report was presented, and public testimony regarding the special use permit were received and noted for the record; and WHEREAS, the Planning Commission considered the Special Use Permit request in light of all testimony received, the guidelines and standards for evaluating this special use permit contained in Section 35-220 of the City's Zoning Ordinance, and found the request complies with the general goals and objectives of the City's 2030 Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooldyn Center to recommend to the City Council that Planning Application No. 2015-006 submitted by Jorri Carter be approved based upon the following considerations: a)The establishment, maintenance, or operation of the special use will not be detrimental to or endanger the public health, safety, morals, or comfort. b)The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. C) The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. PC RESOLUTION NO, 2015-06 Page 2 of 3 d) Adequate measures have and parking so designed streets. been or will be taken to provide ingress, egress as to minimize traffic congestion in the public e) The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. BE IT FURTHER RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Planning Application No. 2015-006 be approved subject to the following conditions and considerations: The special use permit is granted for a recording studio use in the upper one-half level of the home at 2914 - 53'd Avenue North. Said home occupation shall be limited to no more than ten (10) customers or clientele traffic to and from the home, and the involvement of only one (1) non-resident employee in the conduct of the home occupation (studio business). 2.The hours of operation shall be between 9:00 a.m. and 9:00 p.m., Monday through Saturday, and the studio will be limited to 12:00 to 4:00 PM on Sundays. Customers may utilize the recording studio on an appointment only basis and only at a time when the Applicant and/or partner/employee are present. 3.The studio shall be limited to no more than two (2) recording artists at one time, with no live music or instruments allowed. All music or tracks of music must be played through head phones worn by the recording artists and technicians; or played at normal, orderly levels that do not cause any disturbances to neighboring residents or exceed lawful decibel levels prescribed by City Code. 4.The Applicant shall agree to eliminate or mitigate all noise and personally address any complaints from neighboring residents, should they occur as a direct result of these recording studio operations. The windows in the upstairs room studio shall be closed while recording sessions are in progress. Failure to address or mitigate any noise from this studio shall result in the revocation of this special use permit by the City, and a further order from the City to cease and desist any future recording operations from this dwelling. 5.This home occupation may not be altered or expanded in any way not comprehended by this application without first securing an amendment to the special use permit. 6. The special use permit is subject to applicable codes, ordinance and regulations. Any violation thereof may be grounds for revocation. PC RESOLUTION NO. 2015-06 Page 3of3 7.All parking associated with this home occupation shall be off-street on improved space provided by the Applicant. There shall be no on-street parking associated with this home occupation and all vehicle parking on the property shall be in compliance with Section 19-103, Subdivision 12 of the City Ordinances. 8.The Applicant shall comply with all recommendations of the Building Official with respect to safety related matters regarding the location and operation of this home occupation. 9. The Applicant shall provide appropriate fire extinguishers and other safety materials in the area of the home occupation per the recommendation of the Building Official. July 16, 2015 Date ( Chair / ATTEST: Secretary The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Sweeney and upon vote being taken thereon, the following voted in favor thereof: Chair Christensen, Commissioners Morgan; Koenig; MacMillan; Sweeney; and Schonning; and the following voted against the same: None; 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 JULY 16, 2015 1.CALL TO ORDER The Planning Commission meeting was called to order by Chair Christensen at 7:02 p.m. 2.ROLL CALL Chair Randy Christensen, Commissioners Alexander Koenig, John MacMillan, Stephen Schonning, Rochelle Sweeney, and Carlos Morgan (arrived at 7:16 p.m.) were present. Commissioner Freedman was absent and excused. Also present were Secretary to the Planning Commission Tim Benetti, Director of Business & Development Gary Eitel, and Denise Bosch, TimeSaver Off Site Secretarial, Inc. 3.APPROVAL OF AGENDA There was a motion by Commissioner Sweeney, seconded by Commissioner Schonning, to approve the agenda for the July 16, 2015 meeting. Motion passed unanimously. 4.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. 5.APPROVAL OF MINUTES - JUNE 24, 2015 There was a motion by Commissioner Schonning, seconded by Commissioner MacMillan, to approve the minutes of the June 24, 2015 meeting as submitted. Motion passed unanimously. 6.PLANNING APPLICATION ITEMS 6a) APPLICATION NO. 2015-006 JORRI CARTER; PUBLIC HEARING - CONSIDERATION OF A SPECIAL USE PERMIT FOR SPECIAL HOME OCCUPATION ALLOWING A RECORDING STUDIO IN A RESIDENTIAL DWELLING IN THE R-1 ONE FAMILY RESIDENT DISTRICT (2914 53rd Avenue North) PC Minutes 07-16-15 -1- DRAFT Chair Christensen introduced Application No. 2015-006, Public Hearing - Consideration of a Special Use Permit for Special Home Occupation Allowing a Recording Studio in a Residential Dwelling in the R-1 One Family Resident District, located at 2914 53'' Avenue North. Mr. Benetti, Secretary to the Planning Commission, went over the process for a special home occupation permit; noted that written notices of this public hearing were mailed to all residential property owners within 150-feet of the subject site; showed the property location and pictures of the home; provided the applicant's narrative, and indicated where the studio is located on the property. He stated that a special use permit can be taken away if it becomes injurious to surrounding residents. Mr. Benetti stated Planning Staff recommends the Planning Commission provide a recommendation to the City Council to approve Planning Application No. 2015-006, with the conditions noted in the Planning Staff report and also similar in the Resolution. OPEN TO PUBLIC COMMENTS —APPLICATION NO. 2015-006 Chair Christensen recognized residents in the audience who wished to speak on this matter. There was a motion by Commissioner MacMillian, seconded by Commissioner Schonning, to open the public hearing on Application No. 2015-006, at 7:14 p.m. The motion passed unanimously. Applicant Jorri Carter, 2914 53rd Avenue North, stated that he is definitely willing to comply with all City regulations and his intention is to cooperate and work with neighbors. Mr. Benetti read and addressed the following list of concerns from a neighbor, Mrs. Deb Burseth of 5324 Lilac Drive North: 1.What are the hours of the operation? Mr. Benetti stated that the hours of operation would be 9 a.m. to 9 p.m. Monday through Saturday. 2.What about possible drug use on the property? Mr. Benetti stated that the police department should be called and that the City has the power to give and take away a special use permit. 3. How much added traffic to the neighborhood is allowed? Mr. Benetti explained the possible traffic patterns for the business and what decibel level is allowed. He explained that the decibel level can be monitored by the police department. He explained that the complaints would be handled by either the City or the police department PC Minutes 07-16-15 -2- DRAFT depending on the time of day. He stated that the City has not rescinded special use permits in the past, but if there are issues they will be worked out or the special use permit would be rescinded. MOTION TO CLOSE PUBLIC COMMENTS (HEARING) There was a motion by Commissioner Sweeney, seconded by Commissioner MacMillan, to close the public hearing on Application No. 2015-006. The motion passed unanimously. Chair Christensen called for questions and comments from Commissioners. Chair Christensen stated his concern that a typical length of stay for clients of a half an hour to an hour would prompt calls regarding possible drug dealing. Applicant Carter acknowledged this concern and stated that a client visit would never be shorter than a half hour and is typically about an hour long and could go to two hours. Chair Christensen asked if the City has issued a special use permit for a studio before. Mr. Benetti replied that the City approved a home studio in 2008 on Woodbine Avenue. The studio was located in the basement. He does not believe it is still active and there were no complaints but there were concerns that were addressed by Staff and the applicant at the time. He is not sure how long it was in operation, but there were similar conditions to this application. Mr. Benetti reiterated that the City has the ability to remove the special use permit should this home based use become a problem. Applicant Carter stated that he was conducting business for a while before applying for the special use permit. He stated that he did speak with adjacent neighbors and was not made aware of any concerns regarding noise from the home studio. Chair Christensen asked if there is a sunset to the permit. Mr. Benetti replied that a special use permit is essentially effective for life of the property, and runs concurrently with the ownership of the land. However, if the special use permit holder has been found to be in violation of the approved conditions or standards of City Code, the City retains the right to remove or withdraw the permit from the Applicant or property owner. If the current owner moved, the permit would not transfer to the new owner; it will be owner-specific. Commissioner Koenig asked the Applicant if the lack of Sunday hours would impede his business. Applicant Carter stated that it would impede his business but he did not want to cause problems. If his neighbors had any issues with him conducting business on Sunday he would willingly cease conducting business. Commissioner Koenig stated that weekends and evenings would most likely be times when musician clients would be more available. Applicant Carter stated that he is not trying to cause problems for anyone else. PC Minutes 07-16-15 -3- DRAFT Commissioner Koenig stated that he was speaking in favor of doing business on Sunday. Applicant Carter stated that he would prefer to do business on Sunday and would be willing to limit the hours and clients. Chairman Christensen stated he would like the permit conditions to stay as is without Sundays. He believes the conditions contain a good mix of what the Applicant is asking for. Commissioner Koenig stated that he thinks the permit conditions are good as they are, but noted that the report does not address times that may be busy and that the Applicant may need such as Sunday. He is in favor of later hours; however, he realizes this is a home. Chair Christensen stated that he would love for the applicant to have more clients because he could then move the studio from his home. He stated that going from a home studio to a regular studio would be fantastic for the Applicant from a business standpoint. Applicant Carter stated that the business growing would be a good thing because he did not really want it in his home. Chair Christensen asked Commissioners how they felt about the business hours and being open on Sunday. Applicant Carter asked if neighbors could settle the issue of hours. Mr. Benetti stated that a public hearing at the City Council meeting is at their discretion and is not typical. He stated that the Commission can address the Sunday hour issue and it is not unheard of to have a business operate on Sunday. He stated that the Commission could talk about limited clients and hours on Sunday. Commissioner Koenig clarified that the Applicant was willing to leave himself at the mercy of his neighbors. Applicant Carter stated that he is willing to accept the neighbors' preference regarding Sunday operations. He wants to keep peace and make sure the neighbors are happy. Chair Christensen stated that now is the time to make a recommendation to the City Council and they may decide to amend it, but they like to follow the Planning Commission's recommendations. He asked Commission members for their input on the Sunday hours. Commissioner Koenig asked the Applicant if there were other hours that would be more fruitful. Applicant Carter stated that he doesn't have that specific client information, but would be able to get it if he could contact his producer. PC Minutes 07-16-15 -4- DRAFT Chair Christensen stated that Applicant Carter could give his best estimate and possibly contact Mr. Benetti before the next City Council meeting. Mr. Benetti recommended that the Commission decide on a recommendation to the City Council on limited Sunday hours at this meeting. If the hours do not work out, the applicant can come back and ask for an adjustment. Chair Christensen suggested two clients in a four-hour block from noon to four. Councilmembers agreed with this suggestion. Mr. Benetti asked for amended motion to include Sunday hours from 12:00 Noon to 4:00 p.m. There was a motion by Commissioner Koenig, seconded by Commissioner Schonning to amend the resolution to include Sunday hours from 12:00 Noon to 4:00 p.m. Mr. Benetti asked if the Commissioners wanted to limit the number of clients. Chair Christensen stated that he preferred limiting the number of clients to two and asked Mr. Commissioner Koenig if he would accept an amendment to his motion. Commissioner Koenig asked if it was necessary to limit the number of clients. He would favor not limiting the number, but agreed to two clients. Commissioner Morgan asked the Applicant what he would want. Applicant Carter replied that he would be happy with Noon to 4:00 p.m. and a limit of three clients. Mr. Benetti suggested not limiting the number of clients and only limiting the hours. Chair Christensen asked Commissioner Koenig if it was his intention not to put a limitation on the number of clients in the motion. Commissioner Koenig replied affirmatively. Chair Christensen asked for a second to the motion. Commissioner Morgan seconded the motion. Voting in favor: Commissioners Koenig, MacMillan, Morgan, Schonriing, and Sweeney And the following voted against the same: Chair Christensen The amended motion passed (5 in favor to 1 against). The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2015-06 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2015-006 SUBMITTED BY JORRI CARTER FOR PC Minutes 07-16-15 -5- DRAFT SPECIAL USE PERMIT APPROVAL OF A SPECIAL HOME OCCUPATION ALLOWING A RECORDING STUDIO INSIDE A RESIDENTIAL DWELLING IN THE RI ONE FAMILY RESIDENCE DISTRICT (2914 - 53 AVENUE NORTH) There was a motion by Commissioner Schonning, seconded by Commissioner Sweeney, to approve Planning Commission Resolution No. 2015-006 with the following amendment: The hours of operation shall be between 9:00 a.m. and 9:00 p.m., Monday through Saturday, and the studio will be limited to 12:00 Noon to 4:00 PM on Sundays. Customers may utilize the recording studio on an appointment only basis and only at a time when the Applicant and/or partner/employee are present. Voting in favor: Chair Christensen, Commissioners 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 July 27, 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 07-16-15 -6- DRAFT / CONCERNS THAT NEED TO BE ADDRESSED ( WHAT THE HOURS OF OPERATION? DRUG USE ON THE PROPERTY HOW MUCH ADDED TRAFFIC TO THE NEIGHBORHOOD IS ALLOWED? WHAT DECIBEL LEVEL IS ALLOWED? HOW ARE COMPLAINTS GOING TO BE HANDLED BY THE POLICE AND THE CITY? 0 pl) ootvl m ' ) I ) ,I I I h': , ) 2'.:. •' je ( I / f Y(1 d 7t'r6, v 'J Cf /i4 ((/ / 6/ / XI;RO(;A!. T.LR Planning Commission Report Meeting Date: July 16, 2015 Application No. 2015-006 Applicant: Jorri Carter Location: 2914-53 rd Avenue N. Request: Special Use Permit for Special Home Occupation • Application Filed: 06/17/15 • Review Period (60-day) Deadline: 08/16/15 • Extension Declared: N/A • Extended Review Period Deadline: N/A INTRODUCTION Mr. Jorri Carter is requesting special use permit approval to operate a personal music recording studio in the upstairs portion of his residence, located at 2914 - 53 d Avenue North. The special home occupation will involve periodic customer or clientele traffic to the home, involves equipment not customarily found or used in typical residential dwellings, and includes one outside employee not living at the residence. These factors (and others noted herein) require the granting of a special use permit by the City Council, following review and recommendation by the Planning Commission under official public hearing process. Written notices of this public hearing were mailed to all residential property owners within 150- feet of the subject site. COMPREHENSIVE PLAN AND ZONING STANDARDS Land Use Plan: Single-Family Current Zoning: R-1 One Family Residence Surrounding Zoning: North: RI One Family Residence East: RI One Family Residence South: (Single Family - City of Minneapolis) West: RI One Family Residence Neighborhood: Lions Site Area: 10,015 sf. Conformity to Land Use Plan: Yes Zoning Ord.: Yes Subdivision Ord.: N/A Sign Ord.: Unknown or not under consideration at this time. Variance Needed for Request: No App. No. 2015-006 PC 07/16/2015 Page 1 BACKGROUND Pursuant to City Code Section 35-310 RI One Family Residence District standards, Special Home Occupations as defined in Section 35-900 are allowed in sided district by means of a special use permit. City Code Section 35-900, a Special Home Occupation is defined as follows: Home Occupation, Special - Subject to the further limitations of Section 35-406 hereof, and subject to approval by the City Council, a special home occupation is any gainful occupation or profession carried on within a dwelling unit or any permitted accessory buildings or installations on a lot, by a family member residing within the dwelling unit, which is clearly incidental and secondary to the residential use of the dwelling unit, the accessory structures, and the lot upon which it is constructed, including, without limitation, barber and beauty services, shoe repair, photography studios, group lessons, saw sharpening, motor driven appliances and small engine repair, and similar activities. Per Code Section 3 5-406, the following are additional requirements for special home occupations: 1.All special home occupations shall require approval of a special use permit pursuant to Section 35-220 of the Brooklyn Center Zoning Ordinance. 2.No special home occupation shall use more than one accessory structure or installation and such structure or installation must be a permitted use under Section 35-310 and Section 35-311 of the Brooklyn Center Zoning Ordinance. 3.A special home occupation may use equipment not customarily found in a residential dwelling unit. 4.No special home occupation shall employ, at any one time, more than one person who is not a member of the family occupying the dwelling unit. 5.No special home occupation may include the teaching of more than ten (10) students at one time who are not members of the family occupying the dwelling unit. 6.No special home occupation shall cause traffic congestion on the lot containing the special home occupation or on the streets adjacent thereto. 7. No automobile parking related to the special home occupation shall be permitted on the street provided, however, that upon a finding that the special home occupation is not feasible without on street parking, the City Council may authorize parking on the street based upon a consideration of Section 35-220.2 and of the following: App. No. 2015-006 PC 07/16/2015 Page 2 a.The amount of the applicant's street frontage. b.The rights of adjacent residents to park on the street. c. Preservation of the residential character of the neighborhood. 8.No special home occupation shall produce light, glare, noise, odor or vibration perceptible beyond the boundaries of the lot. 9.No special home occupation shall include the retail sale of merchandise produced off the lot. DETAILS of HOME OCCUPATION Mr. Carter stated in his application's narrative the following information as it relates to his music recording studio operations: I would like to be able to record music in my home. To be more specific, I would like to record musicians singing into a microphone. This process usually takes anywhere from 20 minutes to a few hours for 1 person. I expect up to 10 cars per day(excluding non-business related such as people who live here) from literally all hours of the day and night. The noise level is expected to be as loud as someone yelling from within their own home. I would like to point out that I was previously doing this and none of the neighbors complained to me. I went door to door to see if I was disturbing anybody and they said they hadn't even noticed. The cars did not interfere with traffic, the nighttime sessions were held quieter and we are usually louder when we play our music than when we recorded someone. Mr. Carter followed up this narrative with clarifying statement and additional information related to his request: I will limit the hours of operation to: 9-AM to 11-PM. I cannot hear recording, yelling or anything else outside of my home unless I'm playing my stereo or my dog is outside. Maybe its the sound absorption foam, thick walls, or the fact that the highway is in my backyard, but my next door neighbors said they have not heard anything from us except my dog. App. No. 2015-006 PC 07/16/2015 Page 3 The location is the west half of the upstairs room. El There are 3 parking spaces, not counting how many cars I can fit in my driveway (8) There are 0 non-resident employees. I keep tightly bolted railings on the sides of all stairways, a fire extinguisher and pop-out screens on all windows except the kitchen. El We do not plan on using any signs for the property. Mir. Carter indicated to city staff he is the owner and resident of the 2914 - 53'd Avenue residence, and is part owner of this recording business. Mr. Carter is part of a three-man legal partnership, whereby he serves as the business manager/legal consultant, and 2"d business partner Derrick Branch serves as the studio board operator or mixer. A third partner is a promoter/marketer who does not live at this site, and occasionally stops by the house to conduct business whenever necessary. Although Mr. Carter indicated above "there or 0 non-resident employees"; the city will consider this third partner as an employee of the studio business. Special Home Occupations may have up to one (1) non-resident employee involved in the home business; with no other non-resident employees allowed. Mr. Carter stated they only use the one-half section of the upper room in this Cape Cod style dwelling for the studio area, noted in the out-lined section below. 2914— 53'd AVENUE NORTH FLOOR PLAN / SKETCH I i 32' -- 480 24' Fli St Flow 814 ESe15tF32'1 Psest RecordinQ Stutho Ares 14' IS Sbtth b App. No. 2015-006 PC 07/16/2015 Page 4 The control room is used to mix, master and listen to the music being recorded. There appears to be no isolation booth or separate room/space for the artist/musician while recording. The studio appears to be equipped with a few acoustical foam panels randomly (or strategically) attached to the walls and ceiling areas, which are meant to act as sound absorbers to reduce reverberation and echoes, and help eliminate ambient noises from the outside. The Applicant indicated that almost all artists utilizing this recording service do it without the need of music or any backing tracks or vocals. Most of the recording is done with spoken vocals or rapping lyrics. People utilizing the studio will be on appointment basis. It is recommended that all appointments are only at a time when the applicant is present. ANALYSIS - SPECIAL USE Pursuant to City Code Section 35-220; Subpart 2. Standards for Special Use Permits, a special use permit may be granted by the City Council after demonstration by evidence that certain standards used to measure or allow a special use have been or will be met as part of any approvals. The following section highlights these standards (italic text), with city planning staff responses to each standard afterwards: 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. As stated earlier, the Applicant indicated that most recordings are without music or any backing tracks or vocals; much of the recording is spoken vocals or rapping lyrics. The Applicant indicated in his narrative: "...the noise level is expected to be as loud as someone yellingftom. within their own home..." Staff indicated our concerns of noises reaching "...yelling inside a home..." levels, as this may pose a disturbance to the neighboring residents. When questioned on this statement, Staff requested the Applicant re-address this issue and how they intend to minimize or mitigate noise levels from this service. Mr. Carter indicated that they will control these vocal noise levels by the acoustic foam panels inside the upper room studio, along with the thick, insulted walls of the home should help dampen all sounds in this studio area. The studio/room has a window on the side-wall of the house, and we would require that this window be closed during recording sessions. Although this recording studio use (special use) does not necessarily "promote or enhance" the general public welfare, except in cases limited to those musicians or recording artists wishing to record at this site, Staff does not believe this use will be detrimental or endanger the public health, safety, morals or comfort of the neighborhood or adjacent residents, provided the Applicant continues to use noise attenuation methods, and minimize all noise and vibration levels produced from this recording business. App. No. 2015-006 PC 07/16/2015 Page 5 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. The Applicant indicated in his narratives that the neighbors were not bothered by the studio business or voiced any complaints of noises while the studio was operational. By accepting these statements, and barring any comments or registered complaints from the neighbors, city staff will assume that this special use will not be injurious or take away any enjoyment of the surrounding properties due to this use. Should this studio activity become an issue or because noise disturbances, vibrations or levels of activity not normally experienced inside a residential dwelling, the city can take action to have the special use permit rescinded and have the studio business cease operations. 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 Applicant indicated hours of operations of the studio will be 9:00 am to 11:00 pm., which we assume is every day of the week. In order to maintain the orderly development of surrounding uses in this area (i.e. typical single family residential dwellings), city staff would recommend the Applicant be limited to only 9:00 am to 9:00 pm; and that Sundays not be allowed for any studio services. 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 Applicant indicated he has plenty of off-street parking, which we agree. The residence contains a two car detached garage, with a 50+ ft. long driveway that could accommodate 6-8 additional vehicles, if necessary. On-street parking is also available along 531 Avenue, but we would encourage the Applicant to direct or provide open parking on the driveway for clients visiting this site. The Applicant also indicated the studio operations are based on appointment only, which should keep the amount of traffic associated with the home occupation down. The suggested hours of operation from 9:00 to 9:00 pm. Monday through Saturday will also reduce the overall number of trips to the property. e.The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. The residential dwelling appears to conform and meets all applicable regulations of the RI One Family residential district. The allowance of this recording studio use should not impact or create any unsafe or non-conforming situations that would deem the property unusable or dangerous to continue this studio activity. Staff assumes or hopes the equipment used in this studio is safe and operates in a normal manner (for high end electronic equipment of this nature); and that all sound-proofing material used is fire retardant and designed to not burst into flames. The Applicant notes smoke detectors, App. No. 2015-006 PC 07/16/2015 Page 6 fire extinguishers, and CO detectors are in place and operational. An inspection of the premises by the Building Official is recommended regarding fire safety and exiting; and this item should be a condition of any approval of the special use permit, RECOMMENDATION Staff recommends the Planning Commission adopt the attached Resolution No. 2015-06, which comprehends approval of Planning Application No. 2015-006, a Special Use Permit for the Special Rome Occupation of a Recording Studio in residential dwelling located at 2914 - 53 Avenue North, subject to the following conditions: The special use permit is granted for a recording studio use in the upper one-half level of the home at 2914 - 53' Avenue North. Said home occupation shall be limited to no more than ten (10) customers or clientele traffic to and from the home, and the involvement of only one (1) non-resident employee in the conduct of the home occupation (studio business). 2. The hours of operation shall be between 9:00 a.m. and 9:00 p.m., Monday through Saturday, and the studio will be closed on Sunday. Customers may utilize the recording studio on an appointment only basis and only at a time when the Applicant and/or partner/employee are present. The studio shall be limited to no more than two (2) recording artists at one time, with no live music or instruments allowed. All music or tracks of music must be played through head phones worn by the recording artists and technicians; or played at normal, orderly levels that do not cause any disturbances to neighboring residents or exceed lawful decibel levels prescribed by City Code. 4.The Applicant shall agree to eliminate or mitigate all noise and personally address any complaints from neighboring residents, should they occur as a direct result of these recording studio operations. The windows in the upstairs room studio shall be closed while recording sessions are in progress. Failure to address or mitigate any noise from this studio shall result in the revocation of this special use permit by the City, and a further order from the City to cease and desist any future recording operations from this dwelling. 5.This home occupation may not be altered or expanded in any way not comprehended by this application without first securing an amendment to the special use permit. 6.The special use permit is subject to applicable codes, ordinance and regulations. Any violation thereof may be grounds for revocation. 7.All parking associated with this home occupation shall be off-street on improved space provided by the Applicant. There shall be no on-street parking associated with this home occupation and all vehicle parking on the property shall be in App. No. 2015-006 PC 07/16/2015 Page 7 compliance with Section 19-103, Subdivision 12 of the City Ordinances. 8.The Applicant shall comply with all recommendations of the Building Official with respect to safety related matters regarding the location and operation of this home occupation. 9.The Applicant shall provide appropriate fire extinguishers and other safety materials in the area of the home occupation per the recommendation of the Building Official. App. No. 2015-006 PC 07/16/2015 Page 8 -=4=, 0z ai CJ)> -o rnL 'TTTT. I V V I T I I I to,ptlllli 1 I, • / '^ .• ':jj • U • 3LT!1. • - • • - •- ! I 4 IL • ':-: ''i I, :- 4 MI 1% • • ______ L3 ty Council AgendaUIi(]iii No. FTfl City Council Agenda Item No, Ma #1 COUNCIL ITEM MEMORANDUM DATE: July 27,2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk hA41 SUBJECT: Type IV 6-Month Provisional Rental License for 5401 Oliver 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 5401 Oliver 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: 03-04-2015 The Owner, Jason Czerak, applied for renewal of the rental dwelling license for 5401 Oliver Ave N, a single family dwelling. 04-14-2015 An initial rental license inspection was conducted. 9 property code violations were cited, see attached rental criteria. 05-14-2015 A second rental inspection was conducted and passed. 05-31-2015 The previous rental license expired. 06-04-2015 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 COUNCIL ITEM MEMORANDUM 06-04-2015 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. 06-29-2015 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. 07-09-2015 A Mitigation Plan was submitted. 07-15-2015 The Mitigation Plan was finalized. 07-20-2015 A letter was sent to the owner notifying that the hearing before the Council will be held July 27, 2015. If approved, after six months, a new rental license is required. The license process will begin within one month. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will 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 consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, Mission: Ensuring an attractive, clean, safe, inclusive community 111(11 enhances the quality of life for all people 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 Type 11-2 Year 1-2 units Greater than 1 but not more than 4 Type III - 1 Year j 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). Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust S[I1lJ(iJ I U U N Dk'4 B I ak'A (I) License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 -units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: e Enhanced Community Image Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quali' of life for al/people and preserves the public trust Property Address: 5401 Oliver Ave N Brooklyn Center, MN 55430 Owners Name(s): Jason Czerak Owners Address: 1450 Cardinal CV Chaska, MN 5531 Owner's Phone: 85)405-8366 Owner's Email: jason@rzarak.com Current Expiration Date: 5131/15 Local Agent(s): John Sceffert Agent's Address: 3165 Wild Horse PassPrior Lake, MN 55372 Agent's Phone: (952) 447-2080 Agent's Email: john©cpmpropertygrou p.corn Pending Expiration Date: 11130/15 (Six oionlhs from current expiration) Based on property conditions and/or 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 5 Page 116 Typo iVRent! Ucise MIig1cn Plan, Rev; 444-15 City f Emokiyn Cntr—Bullrthtg and n1irni1ifty Stiandarft Department 6301 Shingle Creek Farcwsy, Br lyii Center. MN 55430-2158 1 Phone. t763 663.3330 1 TTY, 711 I Fa (753) 650-3360 BUILDING AND COMMUNITY STANDARDScity of -;BROOKLYN BrooHyrCenterMN 5540 Rental License Mitigation Plan Type IV License Sections A—Crime , Free Housing Program Requirements Phase I 17 1) Use a written lease agreement. The tease 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. J7J 2) Agree to pursue the termination or lease agreement or eviction of tenants who violate the terms of the lease or any add endums, 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. 17 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; 5'1113 Owner or agent attended/is planning to attend training at city of: J71 5) Submit Monthly Update by the lO day of each month. Phase II LI 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 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 completion date. Security Assessment was completed onñs scheduled for: Security Assessment follow-up was completed on/is scheduled for: ../4 Continue Sections A, Phase III on page 3. Pago V6 Type RoWAI bRigation Plan, Rev, 4-1445 City of Rzeooklyn Center—Building and Cmmuniy Standards Eopaset wwciryQrbroktyncerItet.Qrg 6301 ShnIe Creek Parkway, Brooklyn Center. MN 65430219 1 Prne: (763) 63.333O I TTY 711 I Fax: (763) 56a-3350 BUILDING AND COMMUNITY STANDARDS XBRCCOOKLYN S401OliverAve N NTER Brooklyn Center, MN 5430 Rental License Mitigation Plan Type IV License Sections A--Crime Free Housing Program Requirements (continued) Phase UI 1)Owner or agent will attend at minimum O% (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 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 agent will attend A.R.M. meetings scheduled err. 719115 and 0II5 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. LI 1) Conduct resident training annually that includes crime prevention techniques. 2) Conduct regular resident meetings. Page Type IVRent8? Ucense Mi ikn Fkir Rev, 4-14-15 City of 'Brooklyn Center—Building and Connni1iy Stimdards Depat1rnnf www ctyoThroodyiener er 6301 Shingla Creek Parkway, Brooklyn Center, MN 55430-2199 1 Phone: 793) 65-330 1 TTY: 711 1 Fax, (753) 569-360 XBRO' BUILDING AND COMMU?ITY STANDARDS CCl ENTER Brooklyn Center MN 55430 1 Rental License Mitigation Plan Type IV License Sections B—Long Term C apital JmprovernentPlan 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 F1/mated Replacement Da. 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 wwhudgov. Item Date Last Replaced Condition*Expected Replacement Date Example: Water Heater may 2010 F May 2020 Furnace 4'yars ago G May 201 Water Heater within 10 years 0 May 2020 Kitchen Appliances stove4yrs d ish Tyrs G May 2020 Laundry Appliances dryer8yr washr1Oyr 0 May 2017 Smoke Alarms! Carbon Monoxide Alarms within l a st yr S May2017 Exterior Items Faint/Siding within 12 sirs S iiay 2020 Windows F -Next 2 to 3 yrs Roof WIthhi 15 Y C May 2020 Fence within 10 yrs G [May 2025 - Shed NIA Garage within 10 yrs May 2025 Driveway Wfthifl 10 yr May 2-025 Sidewalks N/A Other:________ Condition Abbreviations:Nw=N GoadG FairzF Needs Rp1acementR Page 416 Type IV RealalLkense Mirgtiof1 Plan, Rev. 4-14--5 City of flwo1c1yi Center—Building and Community Standards Depa11et 6301 Shingle Creek Parkway, Brkiyn Centers MN 65430-2199 1 Phone ,. 76) 633330 1 TF': 711 1 Fax: (763) 561-5Q IZI 1) Check-in with tenants every 30-days. {J 2) Drive by property to check for possible code violations. 3) Evict tenants in violation of the tease or any addendums. fJ 4) Remain current on all utility fees, taxes, assessments, fines, penalties, and other financial claims/payments due to the City. J 5) Other: The following actions are optional unless required by the City. JJ 1) Provide lawn/snow service. 2)Provide garbage seMce. 3)Install security system. E 4) Provide maintenance service plan for appliances. Name of service company: - 5) other If the Type JV-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 1 0 th day of each month with an update of actions being taken by the owner and/or agent to comply with this Mitigation Plan. Acopyof the Monthly Update can be found on page 7. A fillable form can be found on the City's website atwwwcityofbrooklyncenter.org or call (763) 59-3330 to have an electronic copy sent to you via email Please attach additional information if necessary. Typo iVRn1! Lone MIition Pkm Rev. 4-1445 cfty of rck1y center—Building and Community Standards Department 6301 Shingle Creek Frkway, Bhtyn Center, MN 554302199 1 Phrie; (763) 563-3339 I TTY: 711 1 F=,(763)569-3360 BUILDING AND COMMUNITY STANDARDS City of BROO1UJYrT 41J1 OtrkN CENTER L4rookivii LF it_i ?-AN aEtzo Rental License Mitigation Plan Type IV License Sign and Verify I verify that all information provided is true and accurate, I undersand that if ( do not comply with the approved Mitigation Plan, comply with all items within the license period, or operate beyond the Iicens expiration date, enforcement actions such as citations, formal complaints or license review may result. John Schffrt Agent for OwnrJProperty Mgr 0t1!1irOrAgflt Name ad TW' (Pl e a s e Pñ,') J I'T 71912015 Oif Date Avi(lomf Ovrrr or Ag e nt Name ann Thh? JfAppicthl', Pae Print) Acln!WwiW Q1cror,4gw?t Signature (if AppllcWe) Date City Staff Only Police Opa(trrlent Buff Jitr FFLa1; a d Con, itiniy $sndards Dparfr?Jent Date Pg &?3 TypeType IVFnt -J License iJl? 00 PIaO Rev 444.15 City of l3raoklyn Ventur—Builcbng Emd Community S t a nd&r4u Department G$Q1 SNigICreekP?rk\uay, Crcokiyn Cner, MN 55130-219 1 PhonE (753)565-3330 El 1TY 711 1 Fax: (163) 5-360 City Council Agenda Hem No. On #2 COUNCIL ITEM MEMORANDUM DATE: July 27, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk 4fU5k1Lth( SUBJECT: Type IV 6-Month Provisional Rental License for 4201 Winchester Ln 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 4201 Winchester Ln. 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 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: 02-10-2015 The Owners, Theresa Burns & Eric Poehler, applied for renewal of the rental dwelling license for 4201 Winchester Ln, a single family dwelling. 03-20-2015 An initial rental license inspection was conducted. 12 property code violations were cited, see attached rental criteria. 04-28-2015 A second rental inspection was conducted and failed. No reinspection fee was charged because owner was not able to accompany the inspector for the inspection. 05-11-2015 A third rental inspection was conducted and passed. 05-31-2015 The previous rental license expired. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people aid preserves the public trust COUNCIL ITEM MEMORANDUM 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 license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 06-22-2015 A Mitigation Plan was submitted. 07-06-2015 The Mitigation Plan was finalized. 07-20-2015 A letter was sent to the owner notifying that the hearing before the Council will be held July 27, 2015. If approved, after six months, a new rental license is required. The license process will begin within one month. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people mid preserves the public trust COUNCIL ITEM MEMORANDUM expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Inspections will be conducted in conjunction with established department policies. In cases where 1 00% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit Type 1- 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-F 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 [EI1IJ(SJ 10 I I ODI UM (I]1I I1SJ I License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 34 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than I 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 34 units -Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: • Enhanced Community Image Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust BuILDING AND COMMUNITY STANDARDS City of 3 RC Renthi License Mitigation PlanCENTER Type IV License Handwritten Mitigation Plans will n o t be accepted. A tillable form can be found on the City 1 s website atv vw.cityofbrooldyncenterorg or call (763) 569-330 to have an electronic copy sent to you via email, Pro 4201 Winchester Lane, Brooklyn Center Mn. 5542 C Eic Poehier 3641 Ashbury rd., Eagan Mn. 55122 (651)O0-30 cotespoehrercorn te nters warehouse 4950 west 79th st. Bloomington Mn. 52)224912 nerswarou$$ .com rnDate nxpIr1xc41) :., Based on property conditions and/or 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, 34, and S. Pie 11 Type Rq 0 jaj Ma(iOi FYaj7, Rev,-4- C11yefBroe11yn Cestør—ThiIldJitg and Cotnitn1ty Standards Dpat1tint wwyncenterOrg 6301 Shingle Creek Parkway, Brooklyn Center MN 55430-2109 1 Phone: (763) 563.3330 I TTY: 711 I Fax (763) 569-3360 X—BROOKLYN BBILD!NG LND COMMUNITY STANDARDStyof IrIWinthesIer Lane, Brooklyn Center Rental License Mitigation Plan Type IV License Sections A—Crime Free Hous/ng Prgra:n Requirements Phase I 7J i 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 terms of the lease or any addenclums. FV(] ) 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. 4) Attend a City approved eight-hour Crime Free Housing training course information for approved courses can be found atwwwmncpanet under the Training and Event tab. A copy of the Crime Free Housing Certificate must be attached to the Mitigation Plan when submlttecL - i7-C Crime Free Housing training was completed onus scheduled for: J 741 7 Owner or agent attended!is planning to attend training at city of: J 5) Submit Monthly Update by the I O" day of each month. Phase II jJ 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 (73) 559-344 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.11 ilAl)/L4'Securfty Assessment was completed on/is scheduled for 1/ I'Ll Security Assessment follow-up was completed on/is scheduled for-AMM 3 I?20/2M S Continue Sections A Phase Ill on page 3. P'ga 216 Type IVR8nt!License MitiUcn Plan, Rev. 444-1s City of 5rirnk1y Ceuter—Building and Community 5xtdard p1mnt w.w, rorook11center.org 6301 ShinCle Cfek Pkway, flreoklyn Center, MN 55430.2199 I Phcne: (76) 5-555O I Fax;(7) 59335O BUILDING AND COMMUNITY STANDARDSCity ofBROOKLYN 01 V'n thr Lens B rooklyn Center Rental License Mitigation Plan Type IV License (continued) Phase III LILJ 1) Owner or agent will attend at minimum 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 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 agent will attend A.R. meetings scheduled oni, a nd 2) Have no repeat code violations previously documented with the past year. The following actions are retulred for properties with four 4) or morg unit-t_ 9 1) Conduct resident training annuI1y that includes crime prevention techniques. 9 2) Conduct regular resident meetings, Pe 3F Type IVR! Ucn. Pla n, Rev, 4-1445 City of Brooltlyn Cter-4 dsmnutfty Saidax. epttet i5O1 Shinje Greek Parkwy, er ynCentr,MN 5543O'219 Ti?; 711 I BUILDING AND COMMUNITY STANDARDS CENTER XBRCCO'NLYN 4201 Winchester Lene, UrokJyri Center Rental License Mitigation Plan Type IV License Sections B—Long Tenn Capifa!lmproveniei'itPlan Based on condition and ewe, 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. Al] items must have a date for Estimated 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 manufacturetindustry recommendations. Additional inforniation on Expected Useful Life can be found at wwwhud.gov . Item Date Last Replaced Example: Water Heater May 2010 Furnace feb2001 Water Heater June00 Kitchen Appliances 2015 Laundry Appliances 2012 Smoke Alarmsf Carbon Monoxide Alarms 201 Exterior Items Paint/Siding 2002 Windows 19 Roof 2005 Fence 1995 Shed k Garage 1959 Driveway 2001 Sidewalks Other. Oonditlon Abbreviations , New--N Conditkrn* Expected Replacement Date F May 2020 F feb 2030 F June 2036 F 2030 F 2027 F 2010 F 2022 2020 F 2020 F 203 2040 2026 ocdG FafrF Needs ReplacementR Pa ga 41 Type I1/Jen& Lkense Miigitror? P1r Rev. 4-4-6 city ufriyii Center—Building and Community Stn4ards DptLe!t wbrocdynoenterorg 0501 $hre Cre Parkv'oy Brooklyn Center MN 55430-2109 Phone: (763) 563-3330 1 TTY; 711 I Fa (763) 569-3300 BUILDING AND COMMUNITIt STANDARDSCity of 142OjWjnchesttr Lane B:oFjn Cneij Rental License Mitigation Plan Type IV License Sectins O—Sp to Improve Management and Conditions i,f 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. [fl 2) Drive by property to check for possible code violations. [?J evict tenants in violation of the tease or any acid endums. [j 4) Remain current on all utility fees, taxes, assessments, fines, penalties, and other financial claims/payments due to the City.El 5) Other: The following actions are optional unless required by the City. j 1) Provide lawn/snow service, 2)Provide garbage service. 3)Install security system. J 4) Provide maintenance service plan for appliance. Name of service company: El 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 subniitted by the tOe 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 o n page 7. A tillable form can be found on the City's website at w w.cityofbrooklyncenter.org or call (763) 569-3330 to have an electronic copy sent to you via email. Please attach additional information if necessary. Type WF.ent& License MifJnt(oo Pice, Flv. 4-4-15 City of Th'ooklya Ceritw—BuUdhiq an 4 CO uuidly5andads Darinnl vict'corooktyncoritererO 6301 Si1hitO Cek Parkway, Brooklyn Centar, MJ 5430-2199 1 Phone; C)-53O I TTY_ 711 1 Fax: (763) 569.3360 BUILDING AND COMMUNITY STANDARDSCit1 of BROOXYN CENTER PROPERTY Rental License Mitigation Plan Type IV License Sign and Verify I verify that all information provided is true and 2ccurate. 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. Ow,erAgn! Nome and Title P!eae P,if) Owner CIA gent ftnatura Date AcJdi&ina] Own erorAenl Name and Tills (IfApplicahle, Please PI*J!) Additional Owner orA gent Signature (If Applicable) Dale Cly Staff Only IC Police Department - /4iV01119,911d i C,Cmrnunslj' Standards Department Date pagG 616 Type JURenie! Lkia Mffigelin Plan, Rev. 4-1415 City fLioicIyn Cote ThIIId1II a4d CQxuurnrniiy Standards Dpaxtmtt ww.citsreoklynenterorg Ol Shngte Creek Parkway, Brooidyn Csnter MN 54CI-21e9 I PZiore: (76a) 330 I TTY; 711 I Fa (?3) O9-36O City Condil Agenda Item No. #3 COUNCIL ITEM MEMORANDUM DATE: July 27, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerkj6K 4U* SUBJECT: Type IV 6-Month Provisional Rental License for 1309 68th Ln 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 1309 68th Ln 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 September 23, 2014, 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, turn in monthly updates, and failed to complete security improvements. According to City Ordinances, if the requirements of the license category and the Mitigation Plan are not met, the license renewal category remains a Type IV. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the continued Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. The following is a brief history of the license process actions. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Current rental license approval activities: 12-08-2014 The owner, Amanda Frost, applied for renewal of the rental dwelling license for 1309 6 8th Ln N, a single family dwelling. 01-05-2015 An initial rental license inspection was conducted. Zero property code violations were cited, see attached rental criteria. 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. 06-15-2015 A Mitigation Plan was submitted. 07-08-2015 The Mitigation Plan was finalized. 07-20-2015 A $300 Administrative Citation was issued for operating without a rental license. 07-20-2015 A letter was sent to the owner notifying that the hearing before the Council will be held July 27, 2015. Prior Type IV Rental License approval activities: 04-07-2014 The Owner, Amanda Frost, applied for an initial rental dwelling license for 130968th Ln N, a single-family residential property. 04-29-2014 An initial rental inspection was conducted. (19 property code violations were cited, see attached rental criteria) 05-28-2014 A second inspection was scheduled and failed. Maintenance personnel onsite denied access for the inspection. 06-11-2014 A third inspection was scheduled and failed. No answer at the door. A $100 reinspection fee was charged to the property. 06-12-2014 A fourth inspection was conducted and failed. A $100 reinspection fee was charged to the property. 07-09-2014 A fifth inspection was conducted and failed. A $100 reinspection fee was charged to the property. 07-17-2014 $200 in reinspection fees were paid. 07-24-2014 A sixth inspection was conducted and passed. A $100 reinspection fee was charged to the property. 07-29-2014 The $200 reinspection fee was paid. 08-06-2014 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Pi'ovisional 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. 08-12-2014 A Mitigation Plan was submitted. 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 08-14-2014 The Mitigation Plan was finalized. 09-15-2014 A letter was sent to the owner notifying that the hearing before the Council will be held September 22, 2014. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: At least 75% of units will be inspected for properties with 15 or less units. 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 qu(IIi(y of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Property Code and Nuisance Violations Criteria - License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I - 3 Year 1-2 units 0-1 Type 11-2 Year 1-2 units Greater than 1 but not more than 4 Type III - 1 Year 11-2 units Greater than 4 but not more than 8 Type IV —6 Months 11-2 units Greater than 8 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51 8B .01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust COUNCIL ITEM MEMORANDUM Budget Issues: There are no budget issues to consider. Strategic Priorities: . Vibrant Neighborhoods Attachment - Mitigation Plan - Resolution Approving a Type IV Rental License for 1309 68th Ln N Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people am/preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 1309 68 " LNN WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 1309 68th Ln N, was issued a Type IV Rental License on September 23, 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 1309 68 th Ln N, Brooklyn Center failed to attend Owners/Managers Association Meetings, complete security improvements, turn in monthly updates, and/or other requirements. 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 1309 68th Ln N, Brooklyn Center, MN. July 27, 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. BUILDING AND COMMUNITY STANDARDSAkRental Ucenso Mitigation PlanXIRRCE)Ne n Typo IV LTcense Handwritten Mitigation Plans wi/I not be accepted. A tillable form can be round on the City's website at vwLdllyoThrookyncenterorg or call (763) 59-330 to have an electronic copy sent to you via email. UV-at Based on property coridhios and/or validated police nuisance incidents, the above referenced propefty 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 Viollions and the measures that will be taken to ensure ongoing compliance with City Ordinances and applicable codes. A Mit1allon 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. Ref ore submitting, Iilk'irt Sections A. B, and C located on panes Z 3, 4, and S. F 19 0in Ran, Rev. 4-1445 City o ok1y Catr—Btifldng and CommunilyStandards Department 6301 Shkte CrEEk Prkway, Bmdn Center, Mli 6S43D-21 Piin: (76) 583-3330 J 1TY: 711 (763) 669-3360 )WILDING A ND COMMUNITY STANDARDS Cityof iLROOKLYN Rental License Mitigation Plan Type IV License to rime Fre^^^4 Phaso I J 1) Use a writtenlease agreement The lease agreement shall include the Crime Free Housing Lease Addendum, A copy 01 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 adderidums. ) Conduct criminal background check for all new prospective tenants, lilt Is a Current tenant e tiw background check is not required. Must be able to provide documentation to C it y if requested. 4)Attend a City approved eight-hour Crime Free Housing training course, Information for approved courses can be found at www.mncpa.net under the Training and Events tab. A copy of the Crime Free Housing Certificate must be attached to the riitlgaUon Plan when submltted. I Crime Free Housing training was completed onfls scheduled for; Owner or agent attended/is planning to attend training at city of: 5)Submit Monthly Update by the 10 day of each month. Phase El 1) Complete a Security Assessment arid implement Improvement requested by the Brooklyn Center Police DepartmenL To schedule an initial orfollow.up Security Assessment, call (755) 569-3344. A follow-lip 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 Assess mentwas completed on/is scheduled for: /V Securily Assessment bllowup was completed on/is scheduled fort i-j i JVi Continue Sections A, Phase III on page 3. Page zV Toe I/Ret 1Lcc M5g2Ikn F!wi, I?e 4.1445 Cft c or—t5ui1ling and Community SlandardE Dpar1ntent W/.sl1ybbric1yn8nteI.OW 3o1 5h1nteCr ki3 iMkvay,e1cRIyrlCente11N554Q-215s I PhDna:(763)56'330 I TTY:i'ii I Fax (?53)6C-35 IULTIING AND COIWMUNLTY STANDARDSCity of L ontal License Mitigation FIai-- I Type IV License ScI(Iorr A—Cww r:e housing Pie grzn Requm'n ens (con,rwed) Phase Ill 1)Owner or agent Wit attend at minimum 50% of the AM. meetings, The A.R.M. meetings must ho completed within the rental license period and before the pending Type IV License expiration date. Registration is not reqiired, however you must sign-in during the meeting. Write two meeting dates an owner or agat)lplan to Owner or agent will attend A.R.M. meetings scliedu led i&k4q8 nd, 421 C)'. 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, [1] 1) Conduct resident training annually that lnludos crime prevention techniques. 2) Conduct regular resident meetings. Alge 3.15 73pe WRenJUc-er MfJ9Lin Plan, Rev, 4-14-15 City QfntooMyn er—B .Ur,g aud C*MTRUnity Standards Depaiti'tEnt 0301 S1iinçif Oro& Patkway, CrøoJyn Ceuer MN 554SD-109 I Phane -(763)MMM I T77I1 I F: (73) 5-6U IIJJLDITG AND COMMUNITY STANDARDSW Cfty4f Rental Licenso M i tigation Plan Type IV Licons iD 1Stn —L*rig Te7 ¼. c 7 Based on condition and age, estimated replacement dates need to be provided for common capitalitems. Funding should be considered eccordingty. Items that are broken, worn, o r otherwfse in Violation prior to the estimated replacement dote need to be replaced sooner, All items must have a dale for EfleptDate. Dates such a: Ilutsuro "dnt know", or "when hOken" will not be accepted. If you are utisure of when an iernwtH need tu be repIaed, you canmake a prediction-based on the age, apparance, condlUon, ormanuftm-a/irt&nstry i'ecOrnmendatlons, Additional information on Epected Useful We can be foud at klAwhud.gov. Item Datu Lt Repfcd Conittont Expoted Rep la come nt Dato Ea,e May 2610, Furnace November 195 F November 2025 Wat er Heater July 2014 N July 2024 Kitchen Appliances August 2007 - August 2025 Laundry Appliances 2009 Smoke AJarrjs! Carbon Monoxide Alarms July 2014 EYter[jor lierns Paint/Siding Windows Roof Fence Shed Garage Driveway SWa1lcs Other: - HOA HOA HOA HOA HOA HDA HOA HOA 'enditln PUhre'iaUons OxidG rF Neaft RepiarntR PA,qt^ 44 ?D W Ram I Lk-,mm Mjffawn Ppn, F?&v. 4-4-$ City of Dr"klyn'U oafer—Buildlxig a4 Obnamnily SlA rAard s]patne wAVibtflr 6501 Ohi1 Cre'k Prf-cway. er1dyn Cnte, Mrf 5D2t51 Poi: (7) j TTY; 711 I Fac: (78) 669-3Bb 0 Jury 2025 July 202 BUILDING AND COMMUNITY STANDARDSCity of MW BR00XLYN J Rental Ucanse Mitigation Plan=MAW CENTER Type [V License a odinfPro,edy The ern fri this section have been proven io easist wWi proper-Ly management and propedy image. The following actions are requfred j 1) Check-in with fenwis every 304ays. J 2) Drive by property to cbok for possible code violations. 3 Evict tnrls in Violation of the lease or any acidendums. t!1 4) Remain cu rrent on all utility feea, taxes, assessments, lines, penalties, and other finridaF ctairnslpaymenta due to the City. El 5) other. The following action a re optional intloss required by the City,J 1) ProvWe lawn/snow service. 2) Provide garbage seMce, ') install secu6tysystern. El 4) Provide nicintenance service plan for appliances. Name of service ornpeny:F -5) Other:_ If the Type IV Month Renthi License is approved by the City Council, the licensee muat comply wilh the approved Mitigation Plan and all applicabto City Codes. A written report must bu brnittod by the I 0 1h day of each month with an update of actions; being taken by the OWflOrandlor agent to comply with this Mitigation Plan. A copy of the Monthly Update can be found on panel. A fiHbieIorni can he found on the GiVswebsite atw wcityofbrookIyncenter.cr or call (73) 569-3330 to have an electronic copy Cent to you via email. Please attach additional Information if necessary. Typo IVRenfUt.r riori Pr Rev, 4-415 city Plisrooldyn CI uInand ommw 1auard De.iai1ttiit COi Shing3e Greek Fclty, kIi Crr, MN 402159 J Phone: (7 3-330 i TIY 711 l FDX: }5-33I30 TERMLYN BUfljING AM CUi1MErNfl7 STArqDARDS Type IV 1.1censo I verily that all Wounatfon proiccdIs kite and accurate. 1 undekir,d (hat irl d.0 not tomply wTththapproved MitIgUon P'an, cornpty vih a.3 items wtthn the r1cen se pPod, ir operate beyrid TheRonse e çiruon date. eofarement adom such as cRallons . formal compain1s. or lice nse rvwmay resulL AMWWa hf Ornrgf Ad^ZMWOwner orAgoht Naip nd Thppe&n AWoi10wnerrA $th effff onlyor's P - Depicr! -. (jf Comm*St,nth OpV,i! Pao ON 1 VRoi? Mt1ijafl'o, RAF4 ROff.444-15 Mid Oi 1rqi lq Meek Pr}wy, aroriklyri OeMer , MN 4-1 I Phane; (15} &-O TM'714 f F (73) Date on ' De