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2015 11-09 CCP Regular Session
AGENDA CITY COUNCIL STUDY SESSION November 9, 2015 6:00 p.m. City Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. City Council Discussion of Agenda Items and Questions 2.Miscellaneous 3.Discussion of Work Session Agenda Items as Time Permits 4. Adjourn CITY COUNCIL MEETING City of Brooklyn Center November 9, 2015 AGENDA Informal Open Forum with City Council - 6:45 p.m. —provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2.Invocation - 7 p.m. 3.Call to Order Regular Business Meeting —The City Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 4.Roll Call 5.Pledge of Allegiance 6. Approval of Agenda and Consent Agenda —The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes 1.October 19, 2015 - Joint Work Session with Financial Commission 2.October 26, 2015 - Study Session 3.October 26, 2015 - Regular Session 4.October 26, 2015 - Work Session b. Licenses C. Resolution Accepting a Feasibility Report and Calling for a Public Hearing, Improvement Project Nos. 2016..01, 02, 03 and 04, Palmer Lake West Area Street and Utility Improvements 7. Presentations/Proclamations/Recognitions/Donations a. Resolution Expressing Recognition of and Appreciation for the Dedicated Public Service of the Brooklyn Center Centennial Civic & Veterans Memorial Amphitheater Fundraising Task Force Requested Council Action: —Motion to adopt resolution. CITY COUNCIL AGENDA -2- November 9, 2015 8.Public Hearings —None. 9.Planning Commission Items a.Planning Commission Application No. 2015-009 and No. 2015-010, Submitted by Buhl Investors, Requesting Approval of a Planned Unit Development Amendment to the Regal Road Development Addition Planned Unit Development of 1998, along with Approval of Site and Building (Development) Plan of Proposed Brooklyn Center Commercial Storage Building, Located at 6330 Camden Avenue North. The Planning Commission recommended (unanimous) approval of this Application at its October 29, 2015, meeting. Resolution Regarding the Disposition of Planning Commission Application No. 2015-009 and 2015-010, Submitted by Buhl Investors, Requesting Approval of a Planned Unit Development Amendment (No. 2) to the Regal Road Development Addition Planned Unit Development of 1998, along with Approval of Site and Building (Development) Plan of Proposed Brooklyn Center Commercial Storage Building (Located at 6330 Camden Avenue North) Requested Council Action: —Motion to adopt resolution. b.Planning Commission Application No. 2015-011, Submitted by Gatlin Development Company, Requesting Approval of a Planned Unit Development Amendment (No. 7) to the 2011 Shingle Creek Crossing Planned Unit Development, Located at 2510 County Rd. 10. The Planning Commission recommended (unanimous) approval of this Application at its October 29, 2015, meeting. Resolution Regarding the Disposition of Planning Commission Application No. 2015-011, Submitted by Gatlin Development Company, Requesting Approval of a Planned Unit Development Amendment (No. 7) to the 2011 Shingle Creek Crossing Planned Unit Development (Located at 2510 County Rd. 10) Requested Council Action: —Motion to adopt resolution. C. Planning Commission Application No. 2015-012, Submitted by Gatlin Development Company, Requesting Approval of the Preliminary Plat of Shingle Creek Crossing 6th Addition, Located at 2510 County Rd. 10. The Planning Commission recommended (unanimous) approval of this Application at its October 29, 2015, meeting. 1. Resolution Regarding the Disposition of Planning Commission Application No. 2015-012, Submitted by Gatlin Development Company, Requesting Approval of the Preliminary Plat of Shingle Creek Crossing CITY COUNCIL AGENDA .3- November 9, 2015 6th Addition (Located at 2510 County Rd. 10) Requested Council Action: —Motion to adopt resolution. d. Planning Commission Application No. 2015-013, Submitted by Gatlin Development Company, Requesting Approval of the Site and Building Plan for Proposed Building X within the Shingle Creek Crossing Planned Unit Development, Located at 2510 County Road 10. The Planning Commission recommended (unanimous) approval of this Application at its October 29, 2015, meeting. Resolution Regarding the Disposition of Planning Commission Application No. 2015-013, Submitted by Gatlin Development Company, Requesting Approval of the Site and Building Plan for Proposed Building X within the Shingle Creek Crossing Planned Unit Development (Located at 2510 County Road 10) Requested Council Action: —Motion to adopt resolution. 10. Council Consideration Items a. Consideration of Type IV 6-Month Provisional Rental Licenses 1.5337 Girard Avenue North 2.6418 Major Avenue North 3.7143 France Avenue North 4.6601 Unity Avenue North 5.4213 Woodbine Lane 6.Resolution Approving a Type IV Rental License for 3613 54th Avenue North Requested Council Action: —Mayor poll audience for applicants to address Council. —Receive staff report. —Motion to open hearing. —Receive testimony from applicants in order. —Motion to close hearing. —Take action on rental license applications and mitigation plans. 11. Council Report 12. Adjournment AGENDA CITY OF BROOKLYN CENTER CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION November 9, 2015 Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M. Council Chambers City Hall A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. ACTIVE DISCUSSION ITEMS Brooklyn Center University for Youth - BrookLynk Update PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1.Paperless Packets Report 2.Opportunities for Small and Diverse Businesses City Council Agenda Item No. 6 City Council Agenda Item No. 6a MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA JOINT WORK SESSION WITH FINANCIAL COMMISSION October 19, 2015 City Hall - Council Chambers I.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 6:31 p.m. Mayor Tim Willson and Councilmembers April Graves, Lin Myszkowski, and Kris Lawrence- Anderson. Councilmember Dan Ryan was absent and excused. Also present: City Manager Curt Boganey, Finance Director Nate Reinhardt, Public Works Director Steve Lillehaug, Deputy City Clerk Rozlyn Tousignant, and Denise Bosch, TimeSaver Off Site Secretarial, Inc. Others present were Financial Commissioners Anna Burke, Rex Newman, Dan Schueller, and Dean Van Der Werf. Financial Commissioners Teneshia Kragness and James Schulz were absent. II.APPROVAL OF AGENDA Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to approve the agenda. Motion passed unanimously. III. UTILITY FUNDS Mayor Willson asked how much of the current staffs time would be taken with the water treatment plant operation. Public Works Director Steve Lillehaug replied that 25 to 50 percent of a full-time workday would be needed. Discussion took place regarding security and monitoring of the new water treatment plant. There is a monitoring system currently in place and that will be expanded to the water treatment facility. The plant will be monitored from two stations at the water treatment plant; two stations at the public works garage facility; and staff will be monitoring it on tablets. City staff is on call 24/7 on a rotating basis and the tablets may enable staff to trouble shoot issues from home. Mr. Lillehaug will be scheduling a tour for City Council members soon. Councilmember Graves asked how the treatment plant will be changing the quality of water. Mr. Lillehaug replied that it will be filtering manganese and iron and will be continuing typical chemical treatment so the aesthetics of the water will improve. He also stated that the City did not opt to install softening because of cost so the water will need to be softened by residents. 10/19/15 -1- DRAFT There was discussion in regards to the Streetlight Utility Fund. Councilmember Lawrence- Anderson inquired about the process to add streetlights in the City limits. City Manager Curt Boganey referred to a Council policy that determines streetlight placement and distance between streetlights which was designed for road safety, not necessarily neighborhood safety. Commissioner Rex Newman noted that both Xerxes Ave and Shingle Creek Parkway have many dark spots; he mentioned the potential concern for safety for those that walk to the Transit Center. Mr. Lillehaug explained that the policy requires street lights at intersections and every block, in the case that a very long block did not have a streetlight a request could be made for the City to install one. Mr. Lillehaug estimated that the City should meet about 98% of the policy requirements. Mr. Boganey inquired as to whether the streetlights put in as a result of petition would be of no cost to residents. Mr. Lillehaug replied that depending on the circumstances, residents may need to pay a fee. Mr. Lillehaug went on to detail the differing circumstances that would establish whether or not residents would be charged, as well as the process to approve a petition. Commissioner Anna Burke stated that her roommate had recently had their car broken into; the lack of bright street lighting may have increased the risk. There was discussion in regards to the Recycling Utility Fund. Councilmember Graves initiated discussion regarding the Recycling Fund, inquiring if it was going to continue to increase as the pattern from the graph had shown, as well as whether there are specific plans set in place for the fund. Mr. Boganey explained the fund's history and the rate increase had been due to the need to cover the cost of overhead. Mr. Boganey also explained that the City can reduce the rate but it has been set up to protect against increases in contract cost. Councilmember Graves inquired as to whether the Recycling Fund could potentially go toward a recycling initiative to help with other projects. Councilmember Graves gave an example of using the fund to help cover expenses to clean up City parks. Mr. Boganey replied that the City has been able to secure funding through different types of aid but that a recycling initiative would be an appropriate use of the fund. Councilmember Lawrence-Anderson had a question in regards to businesses, such as gas stations, that didn't appear to recycle and whether there was any action that could be taken. Mr. Boganey stated that the City staff will give some thought as to what the City can do to create incentives for private businesses to recycle. 10/19/15 -2- DRAFT IV.UPDATE ON PREVIOUS DISCUSSION ITEMS None V.FUTURE BUDGET DISCUSSIONS/CITY COUNCIL MEETINGS Work Sessions 1) Enterprise Funds November 2, 2015 City Council Meetings 1)Utility Rates Adopted November 23, 2015 2)Public Hearing & Budget Adoption December 7, 2015 VI. ADJOURNMENT Couneilmember Graves moved and Councilmember Lawrence-Anderson seconded to adjourn the Work Session at 7:19 p.m. Motion passed unanimously. 10/19/15 -3- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION OCTOBER 26, 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 6:01 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, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, Deputy Clerk Sharon Knutson, Police Chief Tim Gannon, City Attorney Troy Gilchrist, and Denise Bosch, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS None MISCELLANEOUS None DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS PREDATORY OFFENDER LOCATION UPDATE Mayor Willson stated that he had encouraged City Manager Curt Boganey to put together ordinance language to address the high number of sex offenders being located in the City. He stated that the City has areas of high poverty and high diversity and now high levels of sex offenders. He stated the City has become the favorite dumping ground for the metro area. Mr. Boganey stated that the City had recently been notified about three predatory offenders that would be moving into the City, one of whom had been living in the City for 10 months before the City was notified. The address for this offender is 2700 64th Avenue N. The two additional offenders will be at 6812 Perry Avenue N and 3625 72m1 Avenue N. The total number of offenders in the City would go from five to eight in a matter of a couple of weeks. He stated that Police Chief Tim Gannon put together additional data showing the concentration of offenders in Hennepin County. He also stated that staff is having conversations with Hennepin County probation staff, commissioners, and the State Department of Corrections to understand what is 10/26/15 -1- DRAFT going on and data shows that the City has the second highest concentration of predatory offenders next to the City of Minneapolis. He stated that according to the statute when a location for a predator is being identified, there should be consideration given to the distance from schools, parks and other predatory offenders. He provided a map that showed that 6812 Perry Avenue N is 1,000 feet from Willow Lane Elementary School; 1,500 feet from Orchard Lane Park and 1,000 feet from Willow Lane Park. He stated it is hard to see where the statute was taken into account. He stated that 3625 72tud Avenue N is close to a park and 1,500 feet from West Palmer Lake Elementary School. He stated that contact was made with the City Attorney to determine what legal alternatives would be available to the City Chief Gannon stated that from 2006 to 2014 there has been approximately one notification per year. In 2015, there was one every 36 days or so. He talked about contributory factors that include neighborhood outcry in North Minneapolis regarding their large numbers of predatory offenders and their strategy to displace them from North Minneapolis and the zip codes of 55411 and 55412. He stated that they didn't want them in the 55430 zip code but drew the line at the Brooklyn Center city border so that they can move into the City. He talked about having to tell citizens that an offender had already been living in their neighborhood for 10 months and attributed the mistake to the volume of offenders moving into the City. He stated that the volume in Brooklyn Center is disproportionate to the rest of Hennepin County and said that it should be shared. He mentioned that the City of Richfield has no offenders living in the City. He also stated that two offenders have ties to the City. Councilniember Graves asked what channels the notifications are coming through. Chief Gannon stated that for those coming directly from prison, the City is notified by the Department of Corrections. The City normally works with Hennepin County Probation Supervising Agents as the offenders are moving from housing to housing. Councilmember Ryan asked if the volume is related to the federal lawsuit regarding the state sex offender program and if more releases are anticipated. Chief Gannon replied that none of the releases are coming from that program and depending on the outcome of the lawsuit, there could be a lot more offenders. Mr. Boganey stated that one offender is scheduled to move in tomorrow and one is scheduled to move in on November 1st. When they talked to Attorney Gilchrist about options, he talked about the fact that there are Minnesota cities that have adopted ordinances that limit the locations of predatory offenders so staff has drafted a resolution and a temporary ordinance. If adopted, there would be a moratorium that would prevent the City from issuing additional rental licenses for 180 days, which would allow the City to finish the final language in the ordinance. The temporary ordinance has been drafted with limits in relation to where the offenders are in proximity to schools and parks. Attorney Gilchrist stated the intent of the resolution is that it will go into effect immediately. At the same time, the temporary ordinance will be launched and both are intended to impose temporary restrictions to give staff time to put in place a permanent ordinance. The resolution would go away once the permanent ordinance is adopted. 10/26/15 -2- DRAFT Mr. Boganey showed a map with the location of active rental properties. He stated that one of the things they want in the final ordinance is a provision that would limit single-family homes that are converted to rentals or limit the numbers in a given area. They want to minimize the concentration so that the single-family neighborhoods remain owner occupied as much as possible. He stated that the court of appeals upheld the City of Winona's ordinance that restricted the number of single-family rental licenses and the Supreme Court determined that they would not hear the case. They believe the City now has the authority to establish some limitations on the volumes of single-family properties that become rentals. He stated that the language in the proposed resolution and ordinance has a 2,000-foot restriction from a school or a park. That number was based on the fact that other cities have used the 2,000-foot limitation. He stated that if the ordinance is adopted, the existing six would be grandfathered and it would only affect new rental licenses. Mayor Willson asked how the areas were determined. Mr. Boganey replied that it was the 2,000-foot distance from schools and parks. Mayor Willson stated that a 2,500-foot limitation would be good. Mr. Boganey stated that they need to be careful of adopting regulations that preclude predatory offenders from the City because that would probably not be successful in court. Mayor Willson stated he understands how the ordinances work and that you can't make it so restrictive and he is aware of the moratorium procedure, but there is a part of him that says we don't want anymore. Mr. Boganey provided examples of what would happen with a 1,000- and 1,500-foot buffer. He doesn't believe there is anything in the draft resolution or draft ordinance that limits the distance between predatory offenders but thinks that could be added to the final ordinance. What staff is asking is that the City Council consider adding the adoption of the resolution and temporary ordinance to the agenda for this evening. Mayor Willson stated that from his perspective it should go on the agenda tonight. Councilmember Ryan stated that they have to act on this on the basis of fairness and equity. Councilmember Myszkowski thanked staff for their quick work and stated she thinks this is definitely the right thing to do because the City already has enough stressors. She expressed concern about section 1.04 of the ordinance regarding the chance of repeat offenses. Chief Gannon stated that the reasons offenders are classified as Level III is for failure to comply with the program, outrageous conduct and repeat of conduct. He stated that the notification process is a good process that makes police aware and the level of transparency does help to lower the rate of recidivism. 10/26/15 -3- DRAFT Attorney Gilchrist stated that the third "WHEREAS" line of the resolution changes the language and it was not carried over to the ordinance. He recommends using the language from the resolution in the ordinance. He stated that other cities have adopted similar ordinances and there is not currently a case challenging them. He also stated that 180 days was used for both the ordinance and resolution and perhaps the ordinance should be shorter than 180 days. Mayor Willson stated he did not want a gap. Attorney Gilchrist stated that he was talking about preventing the stacking of time. Councilmember Lawrence-Anderson asked if it is necessary to decide on the buffers tonight. Mayor Willson stated that it is now 2,000 feet and he is comfortable with that and there is a moratorium on rental licenses. Mr. Boganey stated that 2,000 feet becomes part of the temporary ordinance and takes effect tomorrow and licenses would not be issued. Councilmember Ryan asked about the procedure for the recommended change in duration in the temporary ordinance. Attorney Gilchrist stated that he would have the recommended language before the City Council voted tonight. Attorney Gilchrist stated that the language in the third WHEREAS in the resolution should be used in Section 1.04 of the ordinance. Mayor Willson asked if anyone was opposed to putting it on the agenda tonight. It was decided to add both the ordinance and resolution under agenda Item 10b. Mayor Willson asked if they should be voted on separately. Mr. Boganey stated that the resolution and ordinance should be voted on as one. Mr. Boganey asked how the City Council planned to conduct the Random Acts of Kindness ceremony. It was decided that each Councilmember would read one and the longest serving member would be the first member to read (Councilmember Ryan), then Councilmembers Myszkowski, Lawrence-Anderson, and Graves. ADJOURNMENT The Study Session was adjourned at 6:42 p.m. 10/26/15 -4- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION OCTOBER 26, 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, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, 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. No one wished to address the City Council. Councilmember Ryan moved and Councilmember Myszkowski seconded to close the Informal Open Forum at 6:47 p.m. Motion passed unanimously. 2.INVOCATION Councilmember Ryan offered the invocation. 3.CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:00 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, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, 10/26/15 -1- DRAFT Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, Police Chief Tim Gannon, City Clerk Sharon Knutson, 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 Ryan moved and Councilmember Myszkowski seconded to approve the Agenda and Consent Agenda, as amended, with the addition of lOb, Council Consideration, Resolution and Ordinance Addressing Predatory Offenders, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1.October 5, 2015 - Joint Work Session with Financial Commission 2.October 12, 2015 - Study/Work Session 3. October 12, 2015 —Regular Session 6b. LICENSES GASOLINE SERVICE STATION Awad Company Brookdale Holiday Holiday Stationstores, Inc. Metropolitan Council Northern Tier Energy SuperAmerica SuperAmerica SuperAmerica 6501 Humboldt Avenue N 5710 Xerxes Avenue N 420 66th Avenue N 6845 Shingle Creek Parkway 6950 Brooklyn Boulevard 6545 West River Road 190157 th Avenue N MECHANICAL Absolute Mechanical, LLC Affordable Comfort Mech BNC Heating & Cooling LLC Condor Fireplace and Stone Dave's Heating & A/C The Heating Guy, LLC Jerry Dahl Residential Heating & A/C 7338 Ohms Lane, Edina 6510 Highway 36 Blvd. N, Oakdale 22600 County Road 30, Rogers 8282 Arthur Street NE, Spring Lake Park 1601 37t1 Avenue NE, Columbia Heights 742672 nd Lane #315, Brooklyn Park 1933 164th Lane, Ham Lake 1815 East 41st Street, Minneapolis RENTAL INITIAL (TYPE II - two-year license) 6807 Scott Avenue N Gao Liu RENEWAL (TYPE III— one-year license) 10/26/15 -2- DRAFT 4842 71St Avenue N 5228 Ewing Avenue N 5230 Great View Avenue 4007 Joyce Lane 5924 June Avenue N 6443 Marlin Drive Erick Dinh Missing CPTED Follow-Up Invitation Homes JDA Group LLC do Julie Atkinson John Jorgensen Missing CPTED Follow-Up Tou Vue Missing ARM Meeting Trevor Tj elmeland RENEWAL (TYPE II— two-year license) 390652 d Avenue N Randy Hammond 3818 61St Avenue N Sherman Yih Feng Kho 301365 t Avenue N Ernest Strempke 70th Circle Lowell Zachman 6107 Emerson Avenue N Lydia Yeboah 5214 Great View Avenue Joel Salazar 6777 Humboldt Avenue N Andrey Ryvlin 4201 Lakeside Avenue #201 Justin Frederick 5617 Logan Avenue N Darwin and Marcia Kuizer 6907 Quail Avenue N Tony and Carmen Holder 4706 Wingard Lane Mains'l Properties TOBACCO RELATED PRODUCT Awad Company 6501 Humboldt Avenue N Brookdale Holiday 5710 Xerxes Avenue N Holiday Stationstores, Inc.420 66th Avenue N Northern Tier Energy SuperAmerica 6950 Brooklyn Boulevard SuperAmerica 6545 West River Road SuperAmerica 1901 57th Avenue N Sun Foods 6350 Brooklyn Boulevard Walgreens 6390 Brooklyn Boulevard 6c.CANCEL HEARING FOR NELIA SCHAFF REGARDING RENTAL PROPERTY LOCATED AT 7018 BROOKLYN BOULEVARD 6d.RESOLUTION NO. 2015-160 APPROVING CHANGE ORDER NO. 1, IMPROVEMENT NO. 2014-11, 2014 CAPITAL MAINTENANCE BUILDING PROJECT 6e. RESOLUTION NO. 2015-161 SETTING 2016 EMPLOYER BENEFITS CONTRIBUTION FOR FULL-TIME NON-UNION EMPLOYEES 61. SETTING A PUBLIC HEARING ON PROPOSED UTILITY RATES FOR 2016 10/26/15 -3- DRAFT Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a.PROCLAMATION DECLARING OCTOBER 26, 2015, TO BE DESIGNATED AS RANDOM ACTS OF KINDNESS DAY Mayor Willson introduced this item, read the proclamation and called for a motion. Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to adopt Proclamation Declaring October 26, 2015, to be Designated as Random Acts of Kindness Day. Motion passed unanimously. 7b.RANDOM ACTS OF KINDNESS PRESENTATION OF RECOGNITION AND CERTIFICATE CEREMONY Councilmembers read nominations and Mayor Willson presented certificates to the following recipients in recognition of the Random Acts of Kindness: Barbara Austin, Gladys Berg, Dorothy Hass, Fay Mahlie, Zebra Nathu, and Michelle Branham, Maranatha Commons Assisted Living; Susie Hayes; Alex Bush; Douglas Bannister; Steve Johnson, Cub Foods; Lori Potter; Dr. Abdulhussain Nathani, Hadi Medical Clinic; Lyla Pagels, Sylvia Winkelman, Pastor Rich Zeck, The Gathering Place; Dorian Grilley and staff, BIKE MN Bicycle Alliance of Minnesota; Steve Spector, Riverwood Estates; Ekta Prakash, CAPI; Malaythip Der Yang, Kashia Adult Day Care; Marie Nyquist, Dave Wagtskj old, Emee McArthur, Joe Lampe, Pastor McKinley Moore, Brooklyn Center Community Prayer Breakfast Committee; Sharon and Rich VanDenBos; Vicki and Allan Olson; Sharyn Robinson, Darryl Sannes, and Kathy Schlosser. Mayor Willson congratulated the recipients of the Random Acts of Kindness Recognition, thanked them for their contributions to the community of Brooklyn Center, and commented on the number of young people at the ceremony. 7c. RESOLUTION NO. 2015-162 RECOGNIZING VOLUNTEERS WHO PARTICIPATED IN THE CITY OF BROOKLYN CENTER'S 2015 LANDSCAPE AND GARDEN SPOTLIGHT Public Works Director/City Engineer Steve Lillehaug provided background information and pictures and congratulated the following residents Yeng Houa Lee of 6920 Emerson Avenue N; Ralph and Jean Carlson of 6307 Lee Avenue N; and Danielle and Finn Bethke of 4718 Twin Lake Avenue. Councilmmber Graves moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2015-162 Recognizing Volunteers Who Participated in the City of Brooklyn Center's 2015 Landscape and Garden Spotlight. 10/26/15 -4- DRAFT Motion passed unanimously. 8. PUBLIC HEARINGS 8a. RESOLUTION NO. 2015-163 APPROVING A MODIFICATION TO THE REDEVELOPMENT PLAN FOR HOUSING DEVELOPMENT AND REDEVELOPMENT PROJECT NO. 1 AND ESTABLISHING A TAX INCREMENT FINANCING DISTRICT THEREIN AND APPROVING A TAX INCREMENT FINANCING PLAN THEREFOR (TIF DISTRICT NO. 6 - AFFORDABLE SENIOR HOUSING) On August 24, 2015, the City Council called for a Public Hearing to be held October 26, 2015; notice was published in the official newspaper on October 8 and October 15, 2015. Director of Business and Development Gary Eitel showed an aerial map of the area, provided background and history, stated that the Planning Commission had recommended the resolution to the City Council; provided an overview of the proposed development; and asked the City Council to adopt the resolution. Tom Denaway, Assistant Vice President of Springsted, provided a PowerPoint presentation that included an overview of tax increment financing; types of TIF Districts; typical eligible costs; public improvement costs allowed; public improvement costs not allowed; financing project costs; how a TIF District is created; the process for approving a TIF District; the Senior Affordable Housing Project; the project boundary; housing TIF District qualifications; TIF District assumptions; budget authority expense and revenues; and next steps. Mayor Willson stated that he was struggling with the fact that the project did not qualify for HUD funding and asked for further information. Melodic Bridgeman, Consultant with HM Collaborative, the proposed developer, stated that the project site was not in a HUD qualified census tract and there is a qualified census tract in the City about three blocks away from the project. She stated that if the project site did qualify, they may not have asked for TIF. Councilmember Ryan stated that since the census tracts are subject to federal law, the City would have to go back to Congress to get the qualifications changed. Councilmember Ryan moved and Councilmember Graves seconded to open the Public Hearing. Motion passed unanimously. Donna Freeberg, 7301 Candlewood Drive, Brooklyn Park, Earle Brown Terrace employee, asked for clarification on how affordable housing is determined; if an elderly or CADI waiver would be accepted; if the units are going to be one bedroom; if the units will be assisted living; clarification on the actual services; and what it will cost. 10/26/15 -5- DRAFT Ms. Bridgeman responded that the project is 100% affordable housing and there will be 140 units for elderly waivers; the market contains 8,200 people over the age of 75; 2,300 households have an individual 75 or older with assisted living needs; the 24 units that are for special needs are not for memory care; there will be no independent living; 24 units are for higher assisted daily living needs; it is anticipated that there will be some private pay; and it will meet the needs of low income seniors that have assisted living needs. Councilmember Lawrence-Anderson moved and Councilmember Myszkowski seconded to close the Public Hearing. Motion passed unanimously. Councilmember Myszkowski moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2015-163 Approving a Modification to the Redevelopment Plan for Housing Development and Redevelopment Project No. 1 and Establishing a Tax Increment Financing District Therein and Approving a Tax Increment Financing Plan Therefor (TIF District No. 6 - Affordable Senior Housing). Motion passed unanimously. 9.PLANNING COMMISSION ITEMS None 10.COUNCIL CONSIDERATION ITEMS lOa. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSES Mayor Willson explained the streamlined process that will now be used to consider Type IV 6- Month Provisional Rental Licenses. Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on any of the rental licenses as listed on tonight's meeting agenda Seeing no one coming forward, Mayor Willson called for a motion on Agenda Items 1 Oal and 10a3 through 10a5. lOal. 3000 62ND AVENUE NORTH 10a2. 2407 ERICON DRIVE 100. 5724 LOGAN AVENUE NORTH 10a4. RESOLUTION NO. 2015-164 APPROVING A TYPE IV RENTAL LICENSE FOR 4809-11 TWIN LAKE AVENUE (LAKESHORE APARTMENTS) 10a5. RESOLUTION NO. 2015-165 APPROVING A TYPE IV RENTAL LICENSE FOR 5333 DUPONT AVENUE NORTH 10/26/15 -6- DRAFT Councilmember Ryan moved and Councilmember Graves seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for the following: 3000 62nd Avenue North; 5724 Logan Avenue North; and adopt RESOLUTION NO. 2015-164 Approving a Type TV Rental License for 4809-11 Twin Lake Avenue (Lakeshore Apartments) and RESOLUTION NO. 2015-165 Approving a Type IV Rental License for 5333 Dupont 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. 10a2. 2407 ERICON DRIVE Assistant City Manager/Director of Building and Community Standards Vickie Schleuning advised that 2407 Ericon Drive was inspected and 10 property code violations were cited and ultimately corrected. This property qualifies for a Type IV six-month provisional rental license based on the number of property code violations found during the initial rental license inspection. The property owner is also required to submit a mitigation plan and report monthly on the progress of that plan. Ms. Schleuning reviewed actions taken in regard to this rental license application and indicated Staff has reviewed that mitigation plan and held discussion with the property owner and recommends approval based on meeting standards in the mitigation plan and all applicable ordinances. Councilmember Graves confirmed that the Type IV license was because of the 10 violations and - this was the property owner's first time applying for a license. Ms. Schleuning replied affirmatively Councilmember Graves asked if there are resources available to help the property owner. Ms. Schleuning outlined resources available to property owners. Councilmember Ryan moved and Councilmember Graves seconded to open the hearing. Motion passed unanimously. Plia Thao's daughter, 21470 Pointe Drive, Rogers, MN, stated that they bought the property a year ago and have been doing repairs. She stated that the 10 violations were minor and that they had fixed the major issues and forgot about the minor issues. She reported on the significant improvements that they had made to the property and stated that they do have good renters now. She asked that the City Council to reconsider and allow for a longer renewal period. Mayor Willson confirmed that they were asking for the rental designation to change from Type IV to something that would allow for a longer period of time between renewals. Ms. Thao replied that this was their first experience with renting and they are sorry. 10/26/15 -7- DRAFT Mayor Willson asked if they were aware that in six months they could come back to the City and obtain a different rental classification. Ms. Schleuning stated that the City has had renters change classifications and it will work with the property owners on a mitigation plan. Mayor Willson commented that the City has a good rental ordinance in place and enforcement needs to be consistent. The property owner does have the opportunity to renew and obtain a higher level of rental classification. Councilmember Graves asked if Councilmembers can obtain information about the specific violations. Ms. Schleuning replied affirmatively. Councilmember Ryan moved and Councilmember Myszkowski seconded to close the hearing. Motion passed unanimously. Councilmember Myszkowski moved and Cóuncilmember Lawrence-Anderson seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 2407 Ericon Drive, with the requirement that the mitigation plan and all applicable ordinances must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. lOb. RESOLUTION NO. 2015-166 ESTABLISHING A MORATORIUM ON NEW RENTAL DWELLINGS AND REGULATING THE RESIDENCY LOCATION OF PREDATORY OFFENDERS WITHIN THE CITY AND AN INTERIM ORDINANCE IMPOSING A MORATORIUM ON THE LICENSING AND OPERATION OF NEW RENTAL DWELLING UNITS AND IMPOSING TEMPORARY REGULATIONS ON THE RESIDENCY LOCATION OF PREDATORY OFFENDERS WITHIN THE CITY Mr. Boganey apologized for the short notice and stated that events occurred that made it necessary to make quick action including a significant increase in the number of predatory offender requests. He stated that previously there was one request per year, but over the last year, there has been one every 36 days or so and the City is aware of five predatory offenders currently residing in the City. He stated that recently there was a hearing in which the predatory offender had been in the City for 10 months before the City was notified and within a matter of two weeks, the City was made aware of two more predatory offenders coming in to the City. He stated that within Hennepin County only the City of Minneapolis has more predatory offenders. The City has been waiting to determine the outcome of a case that went before the Supreme Court involving the City of Winona in which the City had established a limit on the number of single-family homes that would receive a rental license. The Supreme Court chose not to consider the appellate court's decision finding that the City of Winona' s ordinance was acceptable. This means that the City of Brooklyn Center could consider numbers and concentration of rental licenses in single-family neighborhoods. He recommended adopting a 10/26/15 -8- DRAFT resolution that establishes a moratorium and a transitory license that would take effect immediately that would provide staff with more time to finalize a permanent ordinance. He provided a synopsis of the resolution and the ordinance. Mayor Willson brought up the churches in the area as places where children congregate. He asked if they would qualify under the ordinance. Mr. Boganey stated that there is a good chance that churches will be overlapped by the boundaries. Attorney Gilchrist stated that churches are not expressly mentioned but it is likely that they would be covered by the ordinance. Mayor Willson asked Mr. Boganey to put the color coded map on the overhead and to explain what the colors mean. Mr. Gilchrist provided his recommendation that Section 1.04 of the ordinance be revised to read: "Repeat predatory offenders present a significant threat to the pithlic safety of the community as a whole, especially children, females, and vulnerable populations." This is the same language that is in the resolution. He also recommended that the City Council make the duration of the moratorium imposed by the ordinance 120 days instead of 180 days. Mr. Boganey provided the map that showed the predatory offender count in neighboring cities. He pointed out that the rest of Hennepin County has an actual POR count of 0 and there is a significant concentration in Minneapolis and bordering suburbs. He also stated that over the last 10 years they have been having approximately one hearing a year, but in the last 12 months they have had eight hearings. Councilmember Graves stated her support for the resolution and temporary ordinance. She asked about addressing the issue in terms of process accountability because of the offender that the City was not made aware of. Mr. Boganey stated that the City has been in a dialogue with the Department of Corrections and the Hennepin County Probation Department. They continue to have conversations surrounding improving communications and regarding the dramatic increase the City has experienced. Councilmember Ryan confirmed with Attorney Gilchrist that the City had no previous legal leverage to prevent the predatory offender from residing in the City. Mr. Gilchrist answered affirmatively. Councilmember Ryan stated he is in favor of the resolution and temporary ordinance and he feels that the County and the MN Department of Corrections has not dealt with the City fairly. He would like to see other communities bearing their share of the burden. Mr. Boganey stated that one of the things that became apparent when looking at the state law governing the locations of predatory offenders is that the statute specifically says that when identifying locations certain factors should be taken into account such as concentration of 10/26/15 -9- DRAFT predatory offenders and distances from schools, parks, and places where children would congregate. Staff's opinion was that their interpretation of what the statute requires and what has been happening is at odds and they don't see that the statute has been given due consideration. Mayor Willson commented that the northwest side of Minneapolis seems to be a repository for Level III sex offenders. He stated that the City has areas of high poverty and high diversity and now high levels of Level III sex offenders and that is a poor combination for a community to continue to accept. He feels that the Cities of Brooklyn Center and Brooklyn Park seem to be where the problem children go for the metro area and he fully supports the moratorium. He believes that one of the offenders is not from the state and one is not even from this country. He is struggling with the number of Level III sex offenders in the community. Councilmember Lawrence-Anderson stated her wholehearted support and commented on the quick reaction of staff and the police department in determining that there was a negative trend and bringing the issue for action quickly. Councilmember Ryan stated his support for the 2,000-foot buffer and stated that there would be a small and limited area for the predatory offenders in the future. He also stated that the City Council was unaware of a legal remedy before this date and because of the outcome of the City of Winona case, the City now has a means of addressing the matter through the ordinance. Councilmember Ryan moved and Councilmember Graves seconded to adopt RESOLUTION NO. 2015-166 Establishing a Moratorium on New Rental Dwellings and Regulating the Residency Location of Predatory Offenders within the City; and, to approve first reading of An Interim Ordinance Imposing a Moratorium on the Licensing and Operation of New Rental Dwelling Units and Imposing Temporary Regulations on the Residency Location of Predatory Offenders within the City, as submitted to the City Council. Councilmember Myszkowski stated her appreciation for the work of the staff and that it feels good to take control of the situation. This affects public safety, property values and the City's image, which we have worked hard to change. Attorney Gilchrist stated that the resolution will be effective immediately upon adoption and the ordinance will have to go through the ordinance process and will require a Public Hearing. This Public Hearing will take place at the second City Council meeting in November. He asked if the motion was to include the reworded sentence in Section 1.04 and to have 120 days replacing the 180 days in sections 3.04 and 4.04. Councilmember Ryan offered a friendly amendment to the second half of the motion to read to approve first reading of the interim ordinance with subsequent changes as described by the City Attorney and to set second reading and Public Hearing for November 23, 2015. Councilmember Graves agreed with the friendly amendment. Motion passed unanimously. 10/26/15 -10- DRAFT Mr. Boganey thanked the City Council for their consideration and made special note that Chief Gannon was very quick to bring this matter to his attention and to make sure the City did everything it could. RECESS REGULAR SESSION TO ECONOMIC DEVELOPMENT AUTHORITY MEETING Councilmember Ryan moved and Councilmember Graves seconded to recess the Regular Session in order to conduct the EDA meeting at 8:55 p.m. Motion passed unanimously. RECONVENE REGULAR SESSION Councilmember Ryan moved and Councilmember Myszkowski seconded to reconvene the Regular Session at 9:01 p.m. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: • October 23, 2015: Fire Truck Dedication at the West Fire Station • October 27, 2015: Multi-Cultural Advisory Committee at the Brooklyn Center Police Department • October 30, 2015: Meeting with Congressman Ellison Regarding the Housing Complaint Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: • October 19, 2015: Joint Work Session with Financial Commission • October 20, 2015: Earle Brown Days Board Meeting • October 20, 2015: Level III Sex Offender Hearing • October 21, 2015: CEAP Executive Board Meeting • October 23, 2015: Fire Truck Dedication at the West Fire Station Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: • October 19, 2015: Joint Work Session with Financial Commission • October 20, 2015: Earle Brown Days Brainstorming Session • October 20, 2015: Housing Commission Meeting Councilmember Graves reported on her attendance at the following and provided information on the following upcoming events: • October 13, 2015: North Side Youth Collaborative Meeting • October 19, 2015: Joint Work Session with Financial Commission 10/26/15 -11- DRAFT • October 19, 2015: District #286 Parent Advisory Committee Meeting • October 21, 2015: Tried to Attend the Crime Prevention Meeting • October 25, 2015: Fundraising Dinner with the Liberian Vice President Joseph Boakai • October 26, 2015: Started Working at Patrick Henry High School with the Minneapolis Youth Coordinating Board's Outreach and Engagement Team Councilmember Graves stated that she had checked her schedule and she is available to attend the National League of Cities Congress of Cities Conference in Nashville. She stated her concern regarding her eligibility to attend the conference in Washington, D.C. if she attends this conference. Her attendance at the Washington, D.C. conference was discussed. Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: • October 19, 2015: Joint Work Session with Financial Commission • October 22, 2015: Met with Liberian Vice President Joseph Boakai and Ambassador Jeremiah Sulunteh • October 23, 2015: Fire Truck Dedication at the West Fire Station • October 25, 2015: Formal State Dinner with the Liberian Vice President and Ambassador 12. ADJOURNMENT Councilmember Lawrence-Anderson moved and Councilmember Ryan seconded adjournment of the City Council meeting at 9:13 p.m. Motion passed unanimously. DRAFT 10/26/15 -12- 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 OCTOBER 26, 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 9:13 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, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Troy Gilchrist, and Denise Bosch, TimeSaver Off Site Secretarial, Inc. METRO CITIES LEGISLATIVE POLICIES REVIEW Mr. Boganey explained that Councilmember/CoflmTlissioner Ryan is the City Council/EDA liaison to the Metro Cities and that staff has reviewed the policies and generally speaking they don't have any significant objections, but the City Council/EDA gave Councilmember/CommissiOner Ryan authority and direction to try to establish policy that was more in keeping with the City's view on what the affordable housing formula should look like. This language was submitted but ultimately was not adopted. He thinks that the City Council/EDA now has four options on how it wishes to address the issue: vote in agreement with the policies that have been proposed; vote disapproval for all of the policies; author an amendment to the policies for the body to consider; and ask to divide the question so that the City can vote affirmatively on what it agrees with and vote against what it does not agree with. Councilmember/COmmissioner Ryan stated that he appreciated the clear delineation of the voting options and he is here to take the City Council's guidance as to the next step. He commented that members are hesitant to take amendments and entertain new policy language at the general meeting and suggested dividing the question specifically with item 3-E Allocation of Affordable Housing Need. Councilmember/COmmissioner Myszkowski suggested that if an amendment was offered it would generate discussion because these are important issues for the City. Mayor/President Willson asked if a motion could be resurrected. 10/26/15 -1- DRAFT Mr. Boganey stated that he believed that it could and that the previous amendment proposal died for lack of a second. Councilmember/Commissioner Ryan stated that he received serious pushback from Minneapolis and St. Paul because it may derail their interest in getting all the money they can from MHFA. He thinks the last bullet point in his letter to Charlie Vander Aarde, Metro Cities, "The Council should work with local governments through an appeals process in order to resolve any local issues and concerns with respect to the need allocations." should take care of the issue. He stated that whether or not this gets formally adopted into this document people will notice we are raising the issue. He looks forward to and upcoming meeting with Congressman Ellison and hopes to hear something about the City's housing complaint. Councilmember/Commissioner Graves inquired about how much these policies may have changed from last year especially with respect to Item 3-E Allocation of Affordable Housing Need. Councilmember/Commissioner Ryan stated that he recollected a few marginal changes were made to the section. Councilmember/Commissioner Graves stated that it would help her to have that information because it would show how much they may have heard our argument. Councilmember/Commissioner Ryan stated that he doesn't believe the argument has been heard. Mr. Boganey stated that within the state law there are certain elements of the Comprehensive Plan that are identified as a system requirement and housing is not one of them. If it is a system requirement, the Met Council can disapprove your Comprehensive Plan. Councilmember/Commissioner Ryan stated that if the cities choose to ignore the allocation of affordable housing need, they will be at a disadvantage to receive grant money from the Met Council. Mayor/President Willson stated he would like to see another amendment offered and would like the following paragraph on page 22 stricken or at least discussed: "Absent significant resources to assist cities, the Met Council will not hold cities responsible if a city cannot meet its affordable housing need number and the Met Council will reassess biennially the range of needs to recognize the deficiency, ". Councilmember/Commissioner Ryan stated he plans to revisit the issue next year depending on what is learned on October 30th regarding the resolution to the housing complaint. He feels that the second bullet point: "The formula should be adjusted to incorporate stronger incentives for more affluent and less diverse cities in the region to increase their share of affordable housing - consistent with HUD's new rule on Affirmative Furthering Fair Housing." addresses the issue. Mayor/President Willson stated that he disagreed and that the policy states that if a City doesn't have enough money then they don't have to do it and all the money would go to Minneapolis 10/26/15 -2- DRAFT with nothing left for othr cities. He would like the language attempted again during the vote and an attempt to strike the language on page 22. He stated that if we don't raise the issue then no one will hear it. Councilmember/Commjssioner Graves suggested that the words "to frilly credit cities" be taken out of the first bullet point: "The formula should be adjusted to fully credit cities where the existing housing stock is predominately at, or below the Met Council's definition of affordable housing, by reducing or eliminating targets for future affordable housing units in those cities; and". Councilmember/Col1Ms5ioner Ryan explained that he chose that language because the City's housing stock is affordable. If we are fully credited then we wouldn't have to be concerned about allocation of affordable housing need because it is obvious it should go elsewhere. He thinks the last bullet should address Minneapolis and St. Paul's concerns. He stated that he made a decision not to get into a dogfight with Minneapolis and St. Paul and he hopes to hear something from a HUD representative regarding the City's fair housing complaint. Mr. Boganey stated that he doesn't anticipate receiving any information because it is his understanding that the next step in the process is to have a mediator appointed and then all the parties have to sit down and talk before the complaint can be resolved. Discussion took place regarding the appointment of a mediator. Councilmember/C01155b0ner Ryan stated he doesn't really expect that the proposed changes will be accepted, but wants to keep raising it so that people start to hear our concerns. Discussion took place regarding the affordable housing allocation formula. Mr. Boganey stated that the formula is now based upon proportional shares as opposed to absolute. Each city will have a share of the regional need regardless of the fact that it already has the absolute amount that exceeds the regional demand. Mayor/President Willson stated he would like to see the language pushed on behalf of Brooklyn Center and wants to have the City's voice heard at the time of voting. Mr. Boganey suggested having the City's position prepared in writing and distributed and make sure that someone will agree to make a second in advance to assure it is on a table and discussed. Councilmember/COmmissjoner Ryan stated he will make some calls to those cities that are part of the housing complaint so that they can support it at the meeting. He will also lobby other members including the City of Richfield's councilmember. Mayor/President Willson will talk to Richfield Mayor/President Debbie Goettel. -3-DRAFT 10/26/15 ADJOURNMENT Councilmember/Commissioner Ryan moved and Councilmember/Commissioner Lawrence- Anderson seconded to adjourn the Study/Work Session at 9:53 p.m. Motion passed unanimously. 10/26/15 -4- DRAFT City Council Agenda Item No. 6b 4 COUNCIL ITEM MEMORANDUM DATE: November 2, 2015 TO: Curt Boganey, City Manager FROM: Rozlyn Tousignant, Deputy City Clerkt ' SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses on November 9, 2015. Background: The following businesses/persons have applied for City licenses as noted. Each business/person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Applicants for rental dwelling licenses are in compliance with Chapter 12 of the City Code of Ordinances, unless comments are noted below the property address on the attached rental report. GASOLINE SERVICE STATION Bassil Co. dba Marathon Quest Communications dba CenturyLink MECHANICAL Dependable Heating & Cooling Inc. RENTAL See attached report. TOBACCO RELATED PRODUCT Bassil Co. dba Marathon Diamond Lake 1994 LLC dba Cub Foods Holiday Stationstores, Inc. 1505 69th Ave N 6540 Shingle Creek Parkway 2619 Coon Rapids Blvd NW, Coon Rapids 1505 69th Ave N 3245 Co Rd No 10 6890 Shingle Creek Parkway Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of ilfe for al/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 1-3 Year 1-2 units 0-1 3±units 0-0.75 Type II - 2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.3 5 Decrease 1 1-2 Greater than 1 but not more than 3 Category 34 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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If approved by the City Council, legal notice would be published, and all property owners who could potentially be assessed for improvements would receive a Notice of Public Hearing via mail. Background:The project was established by the City Council on May 26, 2015, by Resolution 2015-85, for the residential neighborhood area referred to as the Palmer Lake West Area. This action was taken in accordance with the Capital Improvement Program, which identifies the Palmer Lake West Area residential area for street and utility reconstruction during the 2016 construction season. The attached feasibility report provides a summary of the project evaluation process and preliminary layout of street and utility improvements. The report also includes the results of a resident q uestionnaire that was mailed to all property owners within the project area. A public informational meeting was conducted on October 27, 2015, to provide project information to residents within the project area and gain additional input from the public. A formal presentation of the feasibility of the project will be provided at the future public hearing. Budget Issues:The project cost is estimated to be $7,860,000. Funding sources for the project are proposed from a variety of sources as described in the feasibility report. Strategic priorities: . Key Infrastructure Investments 1isxion: Ensuiing an aft iUCtflL', clean, sc/h iflClU L'Sll coin n/unity thai L'nIUZ/ZCCS the qualit.v of life for all people and preSeI3CS the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING A FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 2016.01, 02, 03 AND 04, PALMER LAKE WEST AREA STREET AND UTILITY IMPROVEMENTS WHEREAS, the Brooklyn Center City Council, by Resolution No. 2015-85, directed the preparation of a feasibility report regarding proposed improvements to the streets, storm drainage system and public utilities in the Palmer Lake West Area neighborhood; and WHEREAS, the City Engineer has prepared said report and recommends that the proposed improvements be considered; and WHEREAS, a portion of the cost of street and storm drainage improvements for said project is proposed to be assessed against properties within the project area; and WHEREAS, the project cost is estimated to be $7,860,000 and the project funding sources are currently estimated to be: Special Assessments Sanitary Sewer Utility Water Utility Storm Drainage Utility Street Light Utility Street Reconstruction Fund Capital Projects Fund Total $1,081,366 $1,460,000 $1,790,000 $1,160,454 $ 130,000 $2,198,180 $ 40,000 $7,860,000 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1.The Engineer's Feasibility Report for the Palmer Lake West Area Street and Utility Improvements is received and accepted. 2.A hearing shall be held on the 14 "'day of December, 2015, in the City Hall Council Chambers at 7:00 p.m. or as soon thereafter as the matter may be heard to pass upon said improvement project and at such time and place all persons owning property affected by said improvements will be given an opportunity to be heard with reference to said improvements. RESOLUTION NO 3. The City Clerk is directed to cause a notice of the hearing to be published in the official newspaper at least two weeks prior to the hearing, and shall state in the notice the total cost of the improvement. November 9, 2015 Mayor Date 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. Public Works Dept City of Engineering Division BROOKLYN Phone: 763-569-3340CENTER FAX: 763-569-3440 FOR i p il IMPROVEMENT PROJECT NOS. 2016-01,02,03 and 04 CITY OF BROOKLYN CENTER, MINNESOTA November 3, 2015 I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota Michael .JAlbers, P.E. Reg. No. 47074 November 3, 2015 Feasibility Report Palmer Lake West Area Street & Utility Improvements Page 1 I. BACKGROUND In 2016, the City of Brooklyn Center will be entering the 23' year of its long-range infrastructure rehabilitation program often referred to as the Neighborhood Street and Utility Improvement Program. This program has consisted of a systematic rehabilitation and/or replacement of the City's aging streets, water main, sanitary sewer, storm sewers, sidewalks and street lights. The City's Capital Improvement Program identifies the Palmer Lake West Neighborhood for reconstruction in 2016. The proposed project includes roadway and utility improvements within the project limits shown on Figure 1. The improvement area consists of properties bounded between France Avenue to Palmer Lake Drive, from 69th Avenue to the north city limits, excluding Palmer Lake Circle. This report was prepared in response to City Council Resolution No. 2015-85 dated May 26, 2015, directing staff to prepare a feasibility report and collect public input for the proposed project. Staff conducted a public informational meeting with residents and property owners located within the project area on October 27, 2015. A resident questionnaire and letter were also distributed as part of the project evaluation process. A summary of resident comments is provided in Appendix B. The 2016 project area consists of approximately 2.2 miles of streets and utilities. The project's neighborhood consists of approximately 199 residential properties that are zoned "Ri". Feasibility Report Palmer Lake West Area Street & Utility Improvements Page 2 Figure 1: Project Area CITY OF Project Area RROOKLYN CENTER Palmer Lake West Area Street & Utility Improvements 1 Figure 1 Feasibility Report Palmer Lake West Area Street & Utility Improvements t'age II. STREET IMPROVEMENTS A. EXISTING CONDITIONS n the proposed project area were most recently improved betweenThe majority of the local streets withi 1956 and 1964 resulting in the existing street pavement being in service for more than 50 years, except Palmer Lake Drive from 69th Avenue to 175 feet south of Urban Avenue which was reconstructed in 1992 due to the replacement of the sanitary sewer force main. The existing streets are generally 29 feet wide, which is typical for most low volume residential streets in Brooklyn Center. The roadways within the project area are very flat and do not have concrete curb and gutter except for a few hundred feet at the entrances to the neighborhood. The roadways' bituminous asphalt pavement has aged and is showing significant fatigue and distress, particularly along the unprotected edges. The typical service life for bituminous pavement is approximately 30 years. Generally, it is no longer cost- effective to routinely maintain these streets with seal coating or thin overlay procedures. Complete reconstruction is warranted. Concrete sidewalk exists along the east side of Palmer Lake Drive from 69th Avenue to 160 feet north of Woodbine Lane, switching to the west side of Palmer Lake Drive from 160 feet north of Woodbine Lane to the Palmer Lake Elementary School property. Concrete sidewalk also exists along the south side of 72 n d Avenue from France Avenue to West Palmer Park. Bituminous trails exist in West Palmer Park and along the east side of Palmer Lake Drive from Urban Avenue to West Palmer Park. A geotechnical investigation was performed within the project area to obtain and analyze soil samples below the street pavement. The geotechnical evaluation report contains information regarding the subsurface soil and groundwater conditions and includes appropriate design and construction recommendations. Soil borings primarily indicate good soils containing sand, silty sand, clayey sand and sandy clay to depths that range from 4 to 21 feet below the pavement surface. Some poor soils consisting of organic/swamp deposits have been identified on Palmer Lake Drive between Woodbine Lane and Urban Avenue. The organic/swamp deposits material is not considered suitable for direct support of below grade utilities and should be subcut and replaced with non-organic, mineral soil where encountered. Groundwater was noted at depths of 8.5 to 19.5 feet below the pavement surface in several areas. Traffic within the project area is generally limited to local traffic access to residential properties within the neighborhood with the exception of Palmer Lake Drive and Woodbine Lane that provide access to the Palmer Lake Elementary School. Palmer Lake Drive and Woodbine Avenue experience higher levels of traffic destined to the school property, which is in the City limits of Brooklyn Park. It should also be noted that the school sole source of access is through Brooklyn Center and no direct access in Brooklyn Park. Based on traffic counts taken the week of October 5, 2015, Palmer Lake Drive has traffic volumes of approximately 1,125 vehicles per day north of 69th Avenue and approximately 90 vehicles per day north of Woodbine Lane that ingress/egress Palmer Lake School. The remaining roadways generally do not provide connection to other neighborhoods and, therefore, do not experience other cut-through or collector-type traffic. Traffic volumes on streets within the project area are not anticipated to significantly increase in the future. Feasibility Report Palmer Lake West Area Street & Utility Improvements Page 4 B. PROPOSED STREET IMPROVEMENTS Based on the age and condition of the existing bituminous asphalt pavement surfaces and the proposed replacement of underlying utilities in certain locations, complete replacement of the street surface is warranted. Proposed street improvements include full depth reconstruction for the existing streets to a width of 30 feet for all streets within the project area (see Appendix C, Street and Storm Sewer Improvements Figure). The existing soil material will provide a stable foundation to support the proposed street and utility improvements. The roadway subgrade consists of good soils and is planned to be reclaimed (recycled) in place to be reused as the new aggregate base for the proposed street section. Removal of poor soils in isolated areas throughout the project for utility and or roadway construction will be performed as recommended in the geotechnical report and as determined in the field during construction. The installation of concrete curb and gutter is proposed with the reconstruction of the streets within the project area. Concrete curb and gutter will assist in conveying storm water runoff to storm sewer catch basins. The improved drainage benefits derived from the installation of curb and gutter will significantly extend the service life of the new pavement. The street grades will also be designed to provide improved drainage to the storm sewer system. The proposed street reconstruction does not include substantial changes to the roadway width, alignment or elevation. In accordance with the Complete Streets Policy adopted by the City in 2013, all streets and trail projects, including design, planning, reconstruction, rehabilitation, maintenance or operations by the City of Brooklyn Center shall be designed and executed in a responsible, equitable and financially reasonable way to accommodate and encourage travel by bicyclists, pedestrians, public transportation, emergency and commercial vehicles in a balanced manner. Implementation of the City's Complete Streets Policy ensures that the needs and safety of pedestrians, bicyclists, motorists and transit riders of all ages and abilities are taken into account in the design and operation of roads. Accordingly, a worksheet was completed to assist in the complete streets evaluation (see Appendix A, Complete Streets Worksheet). Additionally, the Safe Routes to School Planning Assistance Memorandum prepared by MnDOT in June 2013 and the Pedestrian & Bicycle Plan adopted in March 2014 identified a missing sidewalk connection on the west side of Palmer Lake Drive between 72 d Avenue and 160 feet north of Woodbine Lane. Based on these considerations, the following strategies and improvements are recommended: • Ensure that the needs and safety of pedestrians, bicyclists, motorists and transit riders of all ages and abilities are taken into account in the design and operation of roads. • A 5' sidewalk located along the west side of Palmer Lake Drive between 72'' Avenue and 160 feet north of Woodbine Lane is proposed to connect the existing sidewalks on the Palmer Lake Elementary School property located at 7300 Palmer Lake Drive to 72' Avenue and West Palmer Park (see Figure 2). • 100 percent of the sidewalk along the south side of 72nd Avenue is estimated to be replaced due to heaving/settling issues and impacts due to utility construction • 100 percent of the sidewalk along the east side of Palmer Lake Drive is estimated to be replaced due to heaving/settling issues and ADA compliance. • Pedestrian curb ramps will be constructed throughout the project at each crosswalk location with truncated dome detectable warning systems in compliance with the Americans with Disabilities Act (ADA). Feasibility Report Palmer Lake West Area Street & Utility Improvements Page 5 Figure 2: Palmer Lake Drive Sidewalk . II ! 'i f f 1 7213 -POTENTIAL NEW SIDEWALK FIGURE 2 EXISTING SIDEWALK TO BE REPLACED It should also be noted that in-depth property surveys are not performed and when constructing the new driveway aprons, the determined location generally matches existing driveway locations and widths. It is not the intent under this project to verify and fix driveway-property line issues, which sometimes exist. Rather, the construction under this project generally occurs within Ci right-of-way. Other improvements include the installation of concrete driveway aprons, the replacement of trees that are impacted, replacement of landscaping elements and irrigation systems that are impacted and deficient segments of sidewalk are proposed to be repaired as warranted or impacted. Disturbed boulevard areas will be restored with topsoil and sod. III. STREET LIGHTING SYSTEM A. EXISTING CONDITIONSThe neighborhood improvement program has historically included the replacement of free-standing street lights located within the neighborhood. Free-standing street lights are defined as lights mounted on poles, which do not contain any other overhead utilities attached to them. There are currently seventeen fre e-standing street lights within the project area. These lights consist of older style wood u tility poles that have been in service for many years, most likely dating back to the original construction of the neighborhood. The existing free-standing street lights have overhead power services with cobra-head type light fixtures. Other street lights in the neighborhood exist on multiuse-pe poles, which are unable to be removed and therefore are not planned to be replaced. There are currently eight street lights on multiuse poles within the project area. The City's Street Light Policy states that street lights may be provided at street intersections and at mid- block locations where the distance between intersections exceeds 700 feet. Street lights are currently located at all intersections and at all of the longer blocks that exceed 700 feet. B. PROPOSED STREET LIGHTING IMPROVEMENTS The recommended street light improvements include replacement of the seventeen existing free-standing sj b j /i; Report p(1bfhe Lake West Area street lights with fiberglass poles, cut-off type light fixtures and underground power services. Other street lights that are mounted on multiuse transmission/distribution poles within the neighborhood are not proposed to be modified (see Figure 3). Staff received inquiries and requests for additional street lights from a few residents through the public outreach efforts of the project. In accordance with City policy, mid-block street lights may be installed where the block exceeds 700 feet in length upon receipt of a petition signed by a majority of the residents on the block, including signatures of the residents adjacent to the specific location where such mid-block light is requested. Adding new street lights will be coordinated and evaluated during the final design stages of the project with the property owners that would be directly affected by adding new street lights. Should the appropriate petitions be received, additional lighting will be included in the project lighting improvements. Figure 3: Street Light Exhibit fl 73ROAVEN -r I BRI3RD AVE N L I H ii BROOKLYN CENTER - --- : - --i- Lj' to 11 LL Lt rJ//// LU En - - ---.1 ,.-'--- r z West PalmerLu r-1 : L >'1 1./ Park cv 'k V - L /-1 --- f1IJ'tiiH /•" - i Legend - L_ r-jj I_ j Street Lights to Remain 0 - RL - Street Lights to Replace 17 tots!-- - p -: Project Boundary R6 %N AVEM crry Street Lights Palmer Lake West Area Street& Utility Improvements i Fig ure3 Feasibility Report Palmer Lake West Area Street & Utility Improvements Page 7 IV. STORM DRAINAGE AND TREATMENT SYSTEM A.EXISTING CONDITIONS The project area is located within the Shingle Creek Watershed Management Commission area and flows to Palmer Lake and Shingle Creek. The existing storm drainage system in the project area consists of a network of storm sewer pipes installed between approximately 1956 and 1958 and is generally underdeveloped. The surface water within the northern half of this neighborhood flows easterly overland to underground piping on Palmer Lake Drive which daylights to ditches and flows to Palmer Lake, eventually discharging into Shingle Creek. The surface water within the southern half of this neighborhood flows southeasterly overland and is collected in the existing 54-inch diameter reinforced concrete pipe storm sewer system along the back property lines north of Urban Avenue. The storm water is conveyed to City storm water pond No. 40-001 which is located south of West Palmer Park and adjacent to Palmer Lake, then into Palmer Lake and eventually dicharging into Shingle Creek. A televising inspection of the existing storm sewer is currently being conducted and will further be evaluated during final design. A cursory review of the existing underground pipe network in this area was found to be in fair to good condition with some isolated issues identified in several areas of piping and inlet structures that warrant repair. There are several isolated areas within the project area that experience localized flooding due to lack of storm inlets and due to the flat topography within the project area. Several comments from area residents indicated a lack of adequate drainage facilities within the neighborhood and were mostly related to standing water along the edge of the street and at driveways. However, no major flooding issues have been identified. B.PROPOSED DRAINAGE IMPROVEMENTS Storm sewer improvements will be made to the existing system that includes replacing/repairing catch basins and laterals where necessary. As indicated, the storm sewer system is to some extent underdeveloped. A more complete system is proposed to be installed including multiple new trunk and lateral lines and catch basins in several areas (see Appendix C, Street and Storm Sewer Improvements Figure). This expansion of the drainage system and installation of additional pipes and catch basin structures will help minimize localized drainage problems. The existing storm sewer system within the street right-of-way will be reconstructed, but does not include the replacement of the 54-inch diameter trunk storm sewer within the rear yards. Proposed water quality improvements include installing underground water treatment structures (grit chambers) that will remove sediment, litter and other suspended contaminants prior to discharging from the project area. Grit chambers will be placed at locations within the project area prior to storm sewer discharging from the neighborhood where feasible. Additionally, infiltration basins (rain gardens) will be incorporated throughout the project area within the boulevard areas where adjacent property owners volunteer and agree to these gardens. An infiltration basin consists of a relatively small area of plantings within a constructed depression located behind the street curb. Rainwater is routed to the areas from the street gutter and infiltrates naturally by plants and soils in the garden. This infiltration process removes nutrients and pollutants. By acting as a small detention pond, the rain garden plants and soils also provide a natural way of reducing the amount of runoff water that flows from rooftops, lawns, driveways and streets directly into the storm sewer system. The underground treatment chambers and infiltration basins are recommended for this project in certain areas to help meet the City's storm water treatment goals and requirements. Feasibility Report Palmer Lake West Area Street & Utility Improvements Page 8 V. SANITARY SEWER SYSTEM A.EXISTING CONDITIONS The existing sanitary sewer collection system within the project area consists primarily of eight-inch diameter vitrified clay pipe sewer mains. A majority of the sanitary sewer system was installed between 1956 and 1957. Lift Station No. 3 is located in the project area on West Palmer Lake Drive. The lift station was reconstructed in 1982, the force main was replaced in 1992, and the control cabinet was replaced in 2003. Due to the age and materials used in the original construction of the sanitary sewer, a large portion of the sanitary sewer mains within the project area are subjected to frequent issues with root intrusion. Public Works crews must perform root sawing and jetting on an annual basis to maintain the system conveyance capacity and avoid sewer back-ups in many locations (see Figure 5). During the project planning phase, all public sanitary sewer pipes were inspected with remote televising equipment. These inspections confirmed that portions of the sanitary sewer have moderate to severe problems with root intrusion, sags and sections of cracked and broken pipe along pipe joints and at many services. Surveys received from residents also indicate some occurrences of sewer service line blockage that are often attributed to root penetration of the service pipe joints and connection points. Figure 4 illustrates a typical section of sewer pipe with moderate root intrusion problems. The project contains many segments of sanitary sewer that are in likewise or worse condition. on - Drew Avenue B.PROPOSED SANITARY SEWER IMPROVEMENTS Complete replacement of the sanitary sewer trunk lines within the project area is recommended due to the extent of root intrusion, sags and cracked pipe within the collection system (see Appendix C, Sanitary Sewer and Water Main Improvements Figure). Isolated replacement of the problem areas is not cost effective. In accordance with past City construction practice, individual service lines between the sewer main and the property line would also be replaced. Replacement of the sanitary force main is recommended from Lift Station No. 3 to 69 th Avenue where the replacement of the adjacent water main is deeper than the existing force main. Construction of the water main would undercut and impact the adjacent sanitary force main, potentially resulting in higher rates of failure when undermined during construction that could lead to a shorter service life. Other miscellaneous sanitary sewer repairs will be further prescribed during the final design and plan preparation stages. The sanitary sewer pipe that services the school property located at 7300 Palmer Lake Drive (Palmer Lake Elementary) is privately owned and no improvements are included as part of this public project. Feasibility Report Palmer Lake West Area Street & Utility Improvements Page 9 Figure 5: Sanitary Sewer Root Saw Locations CITY OF Sanitary Sewer Root Saw Locations&ROOkLYN CENTER Palmer Lake West Area Street & Utility Improvements 1 Figure 5 Feasibility Report Palmer Lake West Area Street & Utility Improvements Page 10 VI. WATER SYSTEM A.EXISTING CONDITIONS A majority of the water main within the project area consists of 6-inch diameter cast iron pipe installed between 1956 and 1957. The water main pipe velocities in the Palmer Lake West Area are all relatively low due to low domestic demands in this residential area. Corrosion rates have not been thoroughly documented within the project area; however water records indicate that 10 water system breaks have occurred and 5 properties have experienced frozen water service in past winters (see Figure 6). Minor water quality issues have been reported by residents. The Public Works Department inspected and discovered the most likely cause of the water quality issues reported by the residents was that water main pipe installed in the 1950's was unlined cast iron pipe, which is susceptible to excessive corrosion. All water mains in the project area are assumed to be unlined, which was confirmed by two samples of pipe that were dug up and evaluated. However, the water main is in fair condition and has not approached the end of its life cycle. B.PROPOSED WATER MAIN IMPROVEMENTS Recommended water main improvements include full replacement of the existing cast iron water main with new ductile iron water main due to several factors including the number of breaks, the number of frozen water services, the existing pipe being unlined, and the proposed replacement of the adjacent sanitary sewer that is deeper than the existing water main (due to undercutting issues during construction) (see Appendix C, Sanitary Sewer and Water Main Improvements Figure). The proposed improvements also include replacement of valves, hydrants and water services extending from the water main in the street to the water curb stop located at the front property line. Replacement' pipe materials include ductile iron pipe, which is more resistant to corrosion than cast iron pipe, and copper service pipe. The water line servicing the school property located at 7300 Palmer Lake Drive (Palmer Lake Elementary) is privately owned and no improvements are included as part of this public project. VII. PARK IMPROVEMENTS The City's Capital Improvement Program identifies improvements for West Palmer Park in 2016. Recommended park improvements at West Palmer Park include replacing the south trail that runs east and west; the trail going to the tennis court and basketball court; replacing the two basketball standards; repairing miscellaneous pavement in the parking lot; sealcoating the entire parking lot; replacing two pedestrian ramps from the lot to the trail segment; and replacing culvert under the trail and grade the storm ditch for parking lot run off. VIII. RIGHT-OF-WAY AND EASEMENTS Generally, all public infrastructure owned, maintained and operated by the City throughout the project area is located within City easements and/or right-of-way. It is not anticipated that the City will need to obtain any additional easement for any existing or proposed improvement located within the roadway. If necessary, any identified easement needs during final design will be further coordinated with the City Attorney and the identified property owners. Feasibility Report Palmer Lake West Area Street & Utility Improvements Page 11 Figure 6: Water Main Break, Frozen Water Service and Unlined Pipe Locations CITY OF Water Main Break Locations_TL,IROOKLYN CENTER Palmer Lake West Area Street & Utility Improvements 1 Figure 6 Feasibility Report Palmer Lake West Area Street & Utility Improvements Page 12 IX. ESTIMATED COSTS AND FUNDING CONSIDERATIONS The total estimated cost of the proposed project is $7,860,000. Table 1 provides a summary of the estimated project costs and recommended funding amounts from the various sources as indicated. Funding for the project is further described below. A.FUNDING FOR STREET IMPROVEMENTS The estimated project cost of roadway improvements for all streets in this project area is $3,030,000. This preliminary estimate includes the cost for project administration, legal, engineering and construction contingency. Special assessments for street improvements are proposed in accordance with the 2016 rates which will be adopted by the City Council at the end of November 2015. The standard 2016 residential street assessment rate is estimated to be $4,180 per RI zoned residential property. This rate would be assessed to all benefitting single family residential properties within the project area (see Figure 7). Special note should be made to the Palmer Lake Elementary School property, specifically that the property falls entirely within the City limits of Brooklyn Park and that the City of Brooklyn Center does not have direct authority to specially assess this property for the proposed improvements. With the understanding that access occurs entirely through and by Brooklyn Center's City streets, there is certain benefit and value associated with this access. In lieu of levying a special assessment for the street improvements on this property, the City is currently evaluating a separate agreement that would include a fee and would be made directly with the school district for benefit received from the proposed street improvements. Should this option be agreed, this funding would be included as a project funding source. City owned park properties are not proposed to be assessed. A total estimated special assessment amount of $831,820.00 would be levied for street improvements. The remaining street construction costs would be funded from the Street Reconstruction Fund. A summary of the proposed special assessments for street improvements is provided in Appendix D. B.FUNDING FOR STORM DRAINAGE IMPROVEMENTS The total estimated cost for storm drainage improvements within the project area is $1,410,000. This preliminary estimate includes the cost for project administration, legal, engineering and construction contingency. Special assessments for storm drainage improvements are proposed in accordance with the 2016 rates which will be adopted by the City Council at the end of November 2015. The standard 2016 storm drainage special assessment rate is estimated to be $1,254 per RI zoned single family residential property within the project area (see Figure 7). On this basis, a total estimated special assessment amount of $249,546.00 would be levied for storm sewer improvements. A summary of the proposed special assessments for storm drainage improvements is provided in Appendix D. C. FUNDING FOR UTILITY IMPROVEMENTS• The estimated cost of sanitary sewer improvements is $1,460,000; the estimated cost for water main improvements is $1,790,000; the estimated cost for street light replacement is $130,000; and the estimated cost for park improvements is $40,000. As previously noted, these total cost estimates include the costs for project administration, engineering, legal and construction contingency. All costs for water, sanitary sewer and street light improvements will be funded by their respective utility funds in accordance with established policy for such improvements. Feasibility Report Palmer Lake West Area Street & Utility Improvements Page 13 Table 1: Cost and Funding 'C'-.,00000 0R 0 00 000 00 0Q 4)0 0 C)0 0 CC)C) C)CD 001 0 -CCC 00Nc')'C)00 N 4)C)C)QQ0VC)0 C)CU C) C)C)C'0 Eo r'C)G000dC)0 C) =-0(00 (0 COflC0O0000)'T (CC (CCW CO,çV)(C)(0(C')co co NC) (CC It r-C) c4 (fl CCC CC)€4 16(0CC)CC) 0 C)000CDCD', 000000 q 00 00 p 00 c!q CO 0 0 0! ol 0 C CC)co C)4))-CC)CO CE"(0 C E 00000 0CD 0C'0C' 000 0 0 004)000000 00 00cc 0ccCC)CC)C') CD0 00000000CC0 odo000 o0 0cm)0CD 000 0 0 0 4).(0CC)C'0 00)CC) 2 N N N C)(CC (C')C) 0CD 000000000 odd000 00 0CD 0CD 000 0 0 0 --r-—Nc-C ccto ccCD CC) 4)C'U)0C..,C)C) CO C)(4 (0 oôo000 oP 0c'00 CCC 00•0000 00 (C)(0 C' IC)0C)C)0 (CC 0 coo.E 'NC)N—C')0 CC)0CD 0 (oh.(0(0 C)NCC)"II CC' O (0 (0 4)) CD0 0000000000CD0 000000 d0 oC')c3CD 00CC)000 0 (C)CC CC)4)COC'IC0_-C)C0 InCC)CC)(C)0)C)C') c4 0 0)CDwincccC-i C C)C)(6 CC) Io CC)-4)CCC cu CCC t -J 0 d,- C 0 o EU tC 4)o — 4)F LL q 0 4)W0 4) (J.i)CC>o4)-0•'OCJC4).34) -cnODOJ øE4)EtC)CE Caj a) cq LO Co (n0j0o z -e a0) a, ' £1 Ca) C" LL 1)EE 1 0 VC U- Feasibility Report Palmer Lake West Area Street & Utility Improvements Page 14 Figure 7: Assessment Map z Ft BROOKLYN PARK RD AVE"f BROOKLYN CENTERH i Ll 2j' /A O H rti1 r TT19' 3813' 7:2131 1 , 72NDAVEN i'L7°7Ji ------ _j_J -, c--T-------J / 7132", 71311 34 / 7125 r 7' yJ713j / 10 L 'i-i i 10, ID 71 STAVE N IJ I—C' 7 1z i:i::1 WEST PALMER 176031 Wj iooj _--< 7024 - --Z 7024 "< / /z " 4 L_r 7Q3 LL.1 700717013 i 7012 --- 7012 ,QI lWr 0O - -- 7006 >J / 1 7001 7000 i---- 7000 -6943 i 66943j6042 f— 6942 943 I - - 6937 ----------4 I - ° - I -- - --- 6930 /g 1 L.-1--\ URBAN AVE o i&0 \1 -—'- I i i- T --r LLWL_69THAVEN r r Assessment Map ;OQKLrUCENTCR Palmer Lake West Street & Utility Improvements October 2015 / Legend School Propeily .7300 Palmer Lake Dr W Proposed Single R Assessment [ PeviouslyAssossed Feasibility Report Palmer Lake West Area Street & Utility Improvements Page 15 X. RECOMMENDED PROJECT SCHEDULE Table 2 is the preliminary schedule for the project. m,.LL-') T Wet Area Reconstruction Project— ScheduleILU1ç . I allll'.'I Action Target Date City Council Receives Feasibility Report, Declares Cost to be Assessed and Calls for Public Hearings November 9, 2015 [ City Council Holds Public Hearing, Authorizes the Project and Orders Preparation of Plans and Specifications December 14, 2015 City Council Approves Plans and Specs, and Authorizes Advertisement for Bids January 2016 City Receives and Opens Project Bids February arch 2016 City Council Considers Award of Contract March/April 2016 Start Project Construction April/May 2016 Construction Substantially Complete October 2016 XI. CONCLUSIONS AND RECOMMENDATIONS The overall condition of the City's street and utility infrastructure systems is critical to the operation, safety, welfare and economic health of the entire community. As a result of the infrastructure needs described and the proposed solutions and estimated costs provided in this report, the proposed project is considered to be necessary, cost effective and feasible. Feasibility Report Palmer Lake West Area Street & Utility Improvements Page 16 U1136^ Complete Streets Worksheet Feasibility Report Palmer Lake West Area Street & Utility Improvements City of Brooklyn Center Complete Streets Policy Appendix A Complete Streets Worksheet This Complete Streets Worksheet is intended to serve as a guide when reviewing a roadway's ability to accommodate all modes of transportation (pedestrian, bicyclists, transit riders, freight, and automobiles) and people of all abilities in a cost-effective manner, while promoting safe operation for all users. Complete streets address the design of the entire street right-of-way to determine the best allocation of space between the various transportation modes. Complete streets may be achieved through single projects or incrementally through a series of smaller-improvements or maintenance activities over time. This worksheet was developed to facilitate implementing the complete streets process and to help sort through potentially conflicting modal priorities. The worksheet is also available in an electronic format that allows responses to by typed directly into the worksheet. Please reference the following materials when filling out the checklist: • City and/or County Comprehensive Plans that cover the project area • Transportation Plans that cover the project area (e.g., City, County, and/or State) • Bicycle or Pedestrian Master Plans that cover the project area (e.g., City, Park district, County, and/or State) • City and/or County ADA Transition Plans that cover the project area • Area specific studies • A Policy on Geometric Design of Highways and Streets (AASHTO "Green Book") • AASHTO Guide for the Development of Bicycle Facilities, 4th Edition • MnDOT Bikeway Facility Design Manual • Minnesota Manual on Uniform Traffic Control Devices (MMUTCD) • ADA Accessibility Guidelines (ADAAG) • Proposed Rights-of-Way Accessibility Guidelines (PROWAG) • Hennepin County Complete Street Policy • State of Minnesota Complete Street Policy Complete Streets Policy Adopted by City Council June 24, 2013 _Date: 11/03/2015 Project Location City of Brooklyn Center (municipality): City of Brooklyn Center Roadway Jurisdiction: Palmer Lake West Area Street and Utility Improvements Project/Roadway Name: Improvement area consists of properties bounded between France Project Start Point:Avenue to Palmer Lake Drive, from 69th Avenue to Woodbine Lane See project area map in feasibility report. Project End Point: Mike Albers, City of Brooklyn Center Project Manager Define Existing and Future Land Use and Urban Design Context 1.Do any adopted plans call for the development of bicycle, pedestrian, transit or roadway Facilities on, crossing, or adjacent to, the proposed project? If yes, list the applicable plan(s). Guidance: Possible sources of this information include Comprehensive Plans, Transportation Plans, Bicycle or Pedestrian Master Plans or area-specific studies developed by applicable City, County and/or State Agencies. MnDOT Safe Route to School Planning Assistance Project: Brooklyn Center Summary Memorandum (June 2013) Brooklyn Center Pedestrian & Bicycle Plan (City of Brooklyn Center, March 2014) Hennepin County 2040 Bicycle Transportation Plan (Hennepin County, April 2015) 2.Are there any local, county, statewide or federal policies that call for incorporating multimodal facilities? Guidance: Policies at the state and federal level may impact a project due to funding sources. NA A-2 COMPLETE STREETS IMPLEMENTATION RESOURCE GUIDE 3.Describe the study area.Guidance: What are the predominant land uses along the corridor? What is the community character? (e.g., tree-led streets, historic, new development) Are there any planned redevelopment areas in the project area? The project area consists of approximately 2.2 miles of streets and utilities. The project's neighborhood consists of approximately 199 residential properties. 4.What trip generators (existing and future) are in the vicinity of the project that might attract walkers, bikers or transit users?Guidance: For example, large employers, downtown or shopping districts, schools, parks, community centers, medical centers, transit stations, government buildings and senior care facilities. The project area includes 1 City park West Palmer Park) and 1 School property (Palmer Lake Elementary) adjacent to the project along Palmer Lake Drive. Define Existing and Future Transportation Context nrnicted modal volumes, if available. APPENDIX A: COMPLETE STREETS WORKSHEET A-3 6. Existing vehicle speed conditions. a.What is the posted speed limit for the project and associated intersecting streets? 30 mph per state statute b.Provide speed data, if available. Palmer Lake Dr near 69th Ave: 28.2 mph Palmer Lake Dr near Woodbine Ln: 30.7 mph (October 5-9) Not Available for other local streets. c. Are excessive speeds an issue in the project area? None Known 7. Describe crash data, if available, and known conflict locations. Guidance: Crash data will likely not be available for pedestrians and bicycles. Crash trends and known conflict points should include neighborhood input and antidotal data, such as areas of known "near misses", or areas where seasonal activities cause safety issues, such as sports arenas or fairgrounds. Transportation 1I Iii L Crashes Ju---A. - - - Vehicles 5 throughout 1/1/05-11/2/15 the neighborhood Pedestrians none 1/1/05-11/2/15 Bicycles none 1/1/05-11/2/15 a.Are there any crash trends between specific modes? There are no crash trends between specific modes. 2 of 5 crashes relate to snow/ice conditions. b.Are there known conflict points between specific modes? No A-4 COMPLETE STREETS IMPLEMENTATION RESOURCE GUIDE 8. Describe Classifications. a.What is the road functional classification? All streets within the project area are designated as Local Streets. Palmer Lake Drive is a local street except it has slightly high traffic due to West Palmer Park and the school property near the intersection of Palmer Lake Drive and Woodbine Lane. b.Does the street cross any high functional classification roads? (yes/no) If so, please list. Yes: The south boundary of the project is 69th Avenue which is a Collector and the west boundary of the project is France Avenue which is a Collector c. Does the roadway have other classifications (e.g., truck route, transit route, bicycle route, emergency vehicle route)? (yes/no) If so, please list. No 9. Sketch in or attach the existing cross-section(s). Guidance:The existing cross-section should include the full right-of-way and be clearly dimensioned. Additional cross-sections are advisable to illustrate specific situations or if corridor segments greatly vary. 50' R.O.W. 10' 15' 15' 10' vo TRAVEL LANE/PARKING I TRAVEL LANE/PARKING - BLVD APPENDIX A: COMPLETE STREETS WORKSHEET A-5 1 0. What multimodal accommodations exist in the project and on streets that it intersects? Guidance: Multimodal accommodations may include transit routes, sidewalks, trails, and designated on-street bicycle facilities, such as bike lanes, sharrows or signed bike routes. Concrete sidewalk exists along the east side of Palmer Lake Drive from 69th Avenue to 160 feet north of Woodbine Lane, switching to the west side of Palmer Lake Drive from 160 feet north of Woodbine Lane to the north city limits, and along the south side of 72nd Avenue from France Avenue to West Palmer Park. Bituminous trails exist in West Palmer Park and along the east side of Palmer Lake Drive from Urban Avenue to West Palmer Park. 11.If there are no multimodal accommodations, how far away are the closest parallel facilities? Guidance: Designated transit routes or bikeways may not exist within the community, and therefore, may not be applicable. NA 12.What multimodal amenities exist in the project? Guidance: multimodal amenities may include benches, bike racks/lockers, trash receptacles, crosswalks, traffic signals, mature tree canopy, transit stops/shelters, and wayfinding signage. West Palmer Park amenities: Shelter building picnic area, picnic shelter, playground equipment, baseball field, softball fields, tennis courts, basketball court, skating rink, sidewalks, bituminous trails, wood chip trail, trash receptacles and mature trees. 13. Describe any particular user needs/challenges along the project corridor that you have observed or have been informed of. Guidance: User needs may consist of lack of facilities (worn dirt pathways), traffic congestion, difficulty accessing bus stops or sidewalks due to snow piles at intersections, at-grade crossings of railroads or high volume roadways, and steep terrain. Several comments from area residents indicated this lack of adequate drainage facilities within the neighborhood and were mostly related to standing water along the edge of the street and at driveways. Some residents have commented that the sidewalk grade on the east side of Palmer Laker Drive is steep. A-o COMPLETE STREETS IMPLEMENTATION RESOURCE GUIDE 14.Are the existing facilities ADA and PROWAG compliant? Guidance: Reference resources include the ADA Accessibility Guidelines (ADG)I Proposed ghtsof-Way Accessibility Guidelines (PROWAG), and MnDOT Accessibility Design Tools website. No: The existing sidewalk along the south side of 72nd Avenue does not have pedestrian curb ramp at France Avenue. The existing sidewalk along the east side of Palmer Lake Drive has pedestrian curb ramps; however, it has non-compliant cross-slopes throughout. The pedestrian curb ramps will be reviewed for compliance and will be replaced with truncated dome detectable warning systems in compliance with the Americans with Disabilities Act (ADA) at each crosswalk location throughout the project as necessary. Identify Existing Deficiencies 15.Based on the land use and transportation context analysis, describe existing and anticipated future deficiencies to full multimodal transportation that the project could/should address. The Brooklyn Center Pedestrian & Bicycle Plan identified a missing trail connection on Palmer Lake Drive between 72nd Avenue and the north city limits. Describe Future Objectives 16. Develop objectives regarding how multimodal facilities will be integrated into the project and how identified deficiencies will be addressed. Guidance: The objectives will form the basis for the street design. -Ensure that the needs and safety of pedestrians bicyclists motorists, and transit riders of all ages and abilities are taken into account in the design and operation of roads. -Pedestrian curb ramps should be constructed throughout the project at each crosswalk location with truncated dome detectable warning systems in compliance with the Americans with Disabilities Act (ADA). Recommend Area Typology/Street Typology and Test Cross-section(s) 17. Complete the following questions if your community has developed Area Typologies and Street Typologies (See page 21, "Roadway Classification versus Settings" for a description of area and street typologies.) Guidance: If applicable, list document that contains your agens Area Typologies d Street Typologies a.What is the recommended Area Typology? NA b.What is the recommended Street Typology? NA APPENDIX A: COMPLETE STREETS WORKSHEET A-7 1 8. Sketch in or attach the initial cross-section(s) that depicts desired street elements. Guidance: Initial cross-section should be clearly dimensioned and indicate any additional right-of-way required. Additional cross-sections are advisable for specific situations or if corridor segments greatly vary. INITIAL TYPICAL SECTION 50' R.O.W. 8' 2' 15' 15' 5' 5'TRAIL BLVDVEL LANE/PARKING I TRAVEL LANE/PARKING BLVD WAL 19.Describe any constraints associated with the initial cross-section. Guidance: Potential constraints include lack of right-of-way, existing structures, existing mature trees or environ- mental features, topography or number of driveways. Potential constraints would be the number of existing mature trees and landscaping in the right-of-way, number of driveways, increase in impervious surface area and limited right-of way space. 20.Sketch in or attach alternative cross-sections. Guidance: Alternative cross-sections should be modifications of the initial cross-section that respond to identi- fied constraints. All modes should receive equal consideration and accountability in the development of alternatives. ALTERNATIVE TYPICAL SECTION W. 50' W. 5' 5 f 15' Q 15' 5 0 5'ALK BLVD TRAVEL LANE/PARKING I TRAVEL LANE/PARKING BLVD WAI. A-8 COMPLETE STREETS IMPLEMENTATION RESOURCE GUIDE Describe Tradeoffs and Select Cross-section 21.Describe tradeoffs associated with the alternative cross-sections. Guidance: Examples of tradeoffs include removal of mature vegetation, narrower travel lanes, removal of on-street parking (one or both sides), right-of-way acquisition costs, and provision of bikeway facility on an adjacent parallel street. While alternative cross-section would not provide a trail it would reduce the impervious surface area. Potential constraints would be the number of existing mature trees and landscaping in the right-of-way, number of driveways, and limited right-of way space. 22.Sketch in or attach the selected crass-section(s). Guidance: Selected cross-section should be clearly dimensioned and indicate any additional right-of-way required. Additional cross-sections are advisable for specific situations or if corridor segments greatlyvaqi. R.O.W. 50' R.O.W. 10' 15' Q 15' 5' 5' BLVD TRAVEL LANE/PARKING ITRAVEL LANE/PARKNG BLVD WA]. 72nd Ave between France Ave and Palmer Lake Dr will be constructed with a concrete sidewalk on the south side of the road, as shown above. Palmer Lake Dr between 69th Ave and 72nd Ave will be constructed with a concrete sidewalk on the east side of the road, as shown above. Palmer Lake Dr between 72nd Ave and north city limits may be constructed with a concrete sidewalk on both sides of the road, as shown in the alternative section. These potential sidewalk segments would connect the existing private sidewalks in the Palmer Lake School and West Palmer Park. Based on a survey of the neighborhood, a majority of the property owners do not feel the neighborhood needs additional sidewalks or trails. All other streets are proposed to be constructed without trails or sidewalks. 23. If the project does not accommodate all modes, list reasons why Facilities for that mode are not provided. Guidance: For example, the cost of the facility will be disproportionately high in relation to number of projected users; adequate right-of-way does not exist and acquisition of additional right-of-way would create adverse impacts to valued community assets; a bikeway facility is being planned on an adjacent parallel route that can service bicyclists' needs. Providing a trail/sidewalk facilities on all streets would require mature tree removal and increase the impervious surface area. All of the streets in the project area are local streets with low traffic volumes. Trail/sidewalk facilities on all streets would be out of character for this neighborhood. APPENDIX A: COMPLETE STREETS WORKSHEET A-9 Implementation 24.Identify project milestones, roles and responsibilities for project implementation City Council Conduct Public Hearing! Order Plans: December 14, 2015 City Council Approve Plans/Authorizes Advertisement for Bids: January 2016 City Council Accept Bids/Award Project: February/March 2016 Begin Construction: April/May 2016 Substantial Completion: October 2016 25.How will access for all modes be maintained during project construction? Guidance: Reference resource includes MnIDOT Context Sensitive Solutions (CSS) Webinar, Maintaining Pedestrian Access Through Construction & Maintenance Work Zones A drivable street will be maintained at most times during the construction. The exception would be during the installation/repair of the City utilities and reconstruction of the existing roadway, when access may be cut off for a limited period of time. Even during those activities, though, access will be restored by the end of each day. Access to the sidewalk system will be available for the majority of the construction project. However, the main interruption to access of the sidewalks will be during the replacement of deficient sections of sidewalk. For this work, access will not be available for approximately 7-10 days while the concrete cures. 26. Facility Maintenance a.What agency will be responsible for on-going maintenance for each mode? City of Brooklyn Center - Public Works Department will be responsible for on-going maintenance for the streets, sidewalks and trails. b.What specific seasonal and long-term maintenance is needed for each mode? Maintenance activities typically include patching, sealcoating, crack sealing, sweeping, minor sidewalk repair, and the cost of operating and maintaining the park light system. A-i 0 COMPLETE STREETS IMPLEMENTATION RESOURCE GUIDE Resident Questionnaire Resident Comments Feasibility 1U OE1 N [IAI1 I i 2016 Palmer Lake West Area Reconstruction Project This questionnaire will help the City of Brooklyn Center Engineering staff to better understand the infrastructure needs and issues in your neighborhood. This survey can be returned in person or by mail to: City of Brooklyn Center/Engineering Division, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430; by fax at 763-569- 3440; or by email at: puhlicworksci.b rook lyn-center. run. LIS. Please return this survey by September 25, 2015. You may also contact the Engineer Division at 763-569-3340 to discuss these issues. Please be advised we will contact you in the near future via mail regarding a meeting which will occur the end of October 2015. At the meeting we will gather additional information and solicit your input. Thank you for your cooperation in providing this important survey! 1. Contact Information: Name: Address: Email Address: Phone Number: Our televised sewer inspections typically identify sanitary sewer services with moderate to severe root infiltration. Have you experienced any problems with sanitary sewer service, such as the line plugging or having the service cleaned out to the street? How often? 3.Typically, improvements to the storm drainage system are needed. Do you have a problem with drainage or flooding in the street, your yard, or your basement? 4.Do you experience problems relating to the water distribution system such as water pressure, taste, odor, or color? (OVER) 5.Do you have a lawn irrigation (or sprinkler) system located within your property? Please circle one: Yes No 6.Do you have a sump pump in your basement? Please circle one: A.Yes, my sump pump runs frequently (at least once every day) B.Yes, my sump pump runs less frequently C. No, T do not have a sump pump or do not use my sump pump A rain garden is simply a "sunken" flowerbed, designed to retain and infiltrate as much storm water as possible. The benefit to the environment is the reduction in the amount of storm water entering our ponds, lakes and streams. If it is feasible to do so, do you wish to have a rain garden placed in the boulevard on your property? (If interested, further rain garden information will be provided this winter.) Please circle one: Yes No Maybe City policy pertaining to sidewalk improvements is that sidewalks are not typically installed on local "residential" streets unless the Council orders the construction of sidewalks when such construction is warranted. Do you feel your neighborhood needs additional sidewalks? Please circle one: Yes No If yes, where? 9.The City's policy pertaining to the spacing of existing street lights is to provide for lighting at intersections and at mid-bock locations where spacing exceeds 700 feet. Do you feel your neighborhood needs additional street lighting? Please circle one: Yes No If yes, where? 10.What other concerns, comments, and/or issues do you have pertaining to the streets, sidewalks, utilities, etc., in your neighborhood? Should you have questions or need more information, please contact the Engineering Division at 763-569-3340. 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E 0.0.E 0 0 0 0 000 000 0z 0z 00z z 0Z 02 z z z z z z z z E a) C0 0 0 000 000 0.0 0 00z 0 07 0z_0z 2 z z z 2 a) 0(0(0 .0 10cC ai 8 '.a)E a)a):.0 S 00 8o ).g9 0 0 0 0 oo28 0 1= oo0Z(aCOa)ZZ ZZ Z Z cy CO ZZ zaa)a)(0 2..-.Eoa)oC0..0)Oa).0C5Cl)5 0000.=0 00 COa).90(1)0ZZ0 0ZZ0 o02o^oa)01iZZ_0..0.00CD0 ZZZ________ZZZ S.0Ha)2 2 a) E .o -4 a)0 Ea)a)a)C'-Lt) a)Ca)•_2a).a)o.E q.a)..0 a) 2 8 a)C'J ..a)-2a)aa)C')S 0 0 . a)a)a)aa)0 0 0 0 0 0ZZ0 0oZZZc'1°a)8 o72>->o9 U)Z >->->Ea)Z(a ZZ (OW —o =0 00 .0 ((3>0 (00=.0(33-0 .0 4) 0 C 0)0)75 000 CO U 0)IRDE°—°0.co :) 0D ° 0) .O0O)C'- € g z2 00zz z>-z - CL - oco O) O J t6> ti 0DLHH iUU1U (0 0) . (3.E .00c.00 :4)-= 4):2 DEL)^.O00,0 00 (00((30 0 0)0) 0)0)1>(00> Z4o02Qc Z>-Z)->- C4) (4 .(4 >(>3 0 >00> >.0(0 >0a> Co 0E ILCL z z z z z Ft2 0 0 00z 0z (3.= 5 0).0 5 0)5>0 5 I-4)-00)->>30>o_osW 0ZZ0 ____________00ZZ 0Z (0) .hI!.kfl fl !1i Iia) 0 o=0 a>z>-E2.5EZZ -0_ 0-.0(1) 0). ((3).0 0Q) =>a) ((3(30) 0 0>0 o - oco o C Oflj>0>>(OWS0W>3_ç(o0>00 ((3oa>0(U (3 (0(.(>3.-'oa)(30 0z a>a)cs52-.o.5 z>-z Appendix C Project Drawings: Street and Storm Sewer Improvements Figure Sanitary Sewer and Water Main Improvements Figure Feasibility Report Palmer Lake West Area Street & Utility Improvements AV ; -AlI FRANCE T1:1 SL f. I _5 .Li ''i• jIt ..H ' I : F'}4p Ll VIR T lot * \ IJ t11 Er1 d i rti iJ i - * . . ::... ¶ '[/ 'I I ;jTi2 J'L ? T L p\L I //Y/ I J '3 1 d:r 3 :i:: -z-::; I ' 7 if Ail lz R j[4 LJ i &!1_ ;: 4T z J f*II ----' - : : -ç\' \t I c/? :ht I JL 4 EEL 1 a, ' /1 % 'á $'4 T: h AV10 LLJ kL \ I t I < - . L 1 It 1ifr : • - 7k4 t L::S? ( S c;L1 /[ :jt 1L 4 - - /e77: * 1 f I ;i I 1' fr im 4 ° I $Y4j LEGEND ! L PROPOSED STREET CONSTRUCTION WEST RALME:. - 1FLEMR PARK 1 PROPOSED CONCRETE DRIVEWAY . EXISTING STORM SEWER - - PROPOSED BITUMINOUS DRIVEWAY - PIPE AND STORM STRUCTURES TO REMAIN IN PLACE STREET AND STORM SEWER PROPOSED PAVER DRIVEWAY PROPOSED STORM SEWER E] IMPROVEMENTS (11/3/15) PROPOSED CONCRETE SIDEWALK __- STORM STRUCTURES BROOKLYN CENTERPIPE AND - PALMER LAKE WEST AREA PROPOSED CONCRETE CURB & GUTTER 1 00 0 100 200 HENNEPIN COUNTY, MINNESOTA STREET AND UTILITY IMPROVEMEN1 SCALE T IL __ ft I EXISTING WATER MAIN AND FITTINGS TO REMAIN IN PLACE PROPOSED CONCRETE CURB 100 0 100 200 AND GUTTER SCALE FEET -, El I tJ H L :Z juJ) EZ1 ' LJ IH II H / / / i III/ •/ ! C'1/ I 4. PROPOSED SANITARY SEWER PIPE AND SANITARY STRUCTURES EXISTING SANITARY SEWER PIPE AND SANITARY STRUCTURES TO REMAIN IN PLACE PROPOSED WATER MAIN AND FITTINGS TO BE REPLACED E L Ej- 0T El - IL Ljj I1L_ nLLJIn I I / __ __ - LI-..-'H ••-j.! ' 0 I 7- JO LU fl LJ hi O777O H El El E / 0 -.•-•--•- I - I / I I ID 0 0 II Ju- LJ I -ri -iIFIR El 71 kT-'ttbttt 'tji $\ !LJJJ. EI [1EI} I I1 EEII1 Th I i jj if LJ U LJ U J L T Ho to r-i ri ni ni H \ '/,6 ;L& ;i/4 )/\ ,•I -of/7Jcffl7!/ 7' ETL2 I Fla ±1 i LZJ L1 JPALMER LAKEWEST PALMERPARK (J SCHOOL ELEMENTARY Appendix D DRAFT Proposed Pending Assessment Roll Feasibility Report Palmer Lake West Area Street & Utility Improvements CITY OF BROOKLYN CENTER PROPOSED PENDING ASSESSMENT ROLL November 9, 2015 2016 PALMER LAKE WEST AREA RECONSTRUCTION IMPROVEMENT PROJECT NOS. 2016-01 AND 02 PROPERTY ID HOUSE STREET NAME LEVY# STREET LEVY 4 STORM NOTES 2711921410002 3400 WOODBINE LA 4,180.00 $ 1,254.00 2711921410003 3406 WOODBINE LA 4,180.00 $ 1,254.00 2711921410004 3412 WOODBINE LA 4180.00 $1,254.00 711921410005 3400 72ND AVE N 4180.00 $1,254.00 711921410006 7207 PALMER LAKE DR . 4,180.00 $ 1254.00 711921410007 7213 PALMER LAKE DR $ 4180.00 $ 1,254.00 711921410008 7219 PALMER LAKE DR W $ 4,180.00 $ 1,254.00 711921410009 3407 WOODBINE LA $ 4,180.00 $ 1,254.00 2711921410010 3413 WOODBINE LA $ 4,180.00 $ 1,254.00 2711921410011 3412 72NDAVEN $ 4,180.00 $ 1,254.00 2711921410012 3406 72ND AVE N $ 4,180.00 $ 1,254.00 711921410013 7131 PALMER LAKE DR $ 4,180.00 $ 1,254.00 711921410014 3401 72ND AVE N $ 4,180.00 $ 1,254.00 2711921410015 3407 72ND AVE N $ 4,180.00 $ 1,254.00 2711921410016 7125 PALMER LAKE DR $ 4,180.00 $ 1,254.00 711921420003 7130 EWING AVEN $ 4,180.00 $ 1,254.00 711921420004 7124 EWING AVE N $ 4,180.00 1,254.00 2711921420005 7118 EWING AVE N $ 4,180.00 1,254.00 2711921420006 7060 DREW AVE N $ 4,180.00 1,254.00 2711921420007 7056 DREW AVE N $ 4,180.00 1,254.00 2711921420008 7052 DREW AVE N $ 4,180.00 1,254.00 2711921420009 7048 DREW AVE N $ 4,180.00 1,254.00 2711921420010 7044 DREW AVE N $ 4,180.00 1,254.00 2711921420011 7048 EWING AVE N 4,180.00 _____ $1,254.00 711921420012 051 DREW AVE N 4,180.00 _____ 1,254.00 711921420013 043 DREW AVE N 4,180.00 _____ 1,254.00 2711921420014 7131 EWING AVE N 4,180.00 ______ $1,254.00 11921420015 7125 EWING AVEN 4,180.00 _____ $1254.00 11921420016 7119 EWING AVE N 4,180.00 1,254.00 711921420017 7113 EWING AVE N $ 4,180.00 1,254.00 711921420018 7107 EWING AVE N $ 4,180.00 $ 1,254.00 711921420019 7101 EWING AVE N $ 4,180.00 $ 1254.00 711921420020 7049 EWING AVE N $ 4,180.00 $ 1,254.00 2711921420028 3500 WOODBINE LA 4,180.00 $ 1,254.00 2711921420029 3506 WOODBINE LA 4,180.00 $ 1,254.00 2711921420030 3512 WOODBINE LA $ 4,180.00 $ 1,254.00 2711921420031 3518 WOODBINE LA $ 4,180.00 $1,254.00 2711921420032 3600 WOODBINE LA $ 4,180.00 1,254.00 2711921420033 3606 WOODBINE LA $ 4,180.00 1,254.00 2711921420034 3612 W000BINE LA 4,180.00 1254.00 711921420035 3618 WOODBINE LA 4,180.00 1,254.00 711921420036 3624 WOODBINE LA 4,180.00 1,254.00 711921420037 700 WOODBINE LA 4,180.00 ______ $ 1,254.00 711921420038 706 WOODBINE LA _____$4,180.00 ______ $1,254.00 711921420039 712 WOODBINE LA $ 4,180.00 1,254.00 711921420040 3718 WOODBINE LA $ 4,180.00 1,254.00 2711921420041 3724 W OODBINE LA $ 4,180.00 - -$ 254.00 2711921420042 3800 WOODBINE LA 4,180.00 $ 1,254.00 2711921420043 3806 WOODBINE LA 4,180.00 $ 1,254.00 2711921420046 3501 WOODBINE LA $ 4,180.00 $ 1,254.00 2711921420047 3507 WOODBINE LA $ 4,180.00 $ 1,254.00 2711921420048 3513 WOODEINE LA $ 4,180.00 $1,254.00 2711921420049 3519 WOODBINE LA $ 4,180.00 1,254.00 $1.2540027119214200503601WOODBINE LA 4,180.00 2711921420051 3607 WOODBINE LA 4,180.00 1,254.00 2711921420052 3613 WOODBINE LA 4,180.00 1,254.00 2711921420053 3619 WOODBINE LA 4,180.00 $ 1,254.00 2711921420054 3625 WOODBINE LA $ 4,180.00 $ 1,254.00 2711921420055 3701 WOODBINE LA $ 4,180.00 $ 1,254.00 2711921420056 3707 WOODBINE LA ______$ 4,180.00 ______ $ 1,254.00 2711921420057 3713 W000BINE LA $ 4,180.00 _____ $ 1,254.00 CITY OF BROOKLYN CENTER PROPOSED PENDING ASSESSMENT ROLL November 9, 2015 2016 PALMER LAKE WEST AREA RECONSTRUCTION IMPROVEMENT PROJECT NOS. 2016-01 AND 02 PROPERTYID HOUSE STREET NAME LEVY4 STREET LEVY#STORM NOTES 2711921420058 3719 WOODBINE LA $ 4,180.00 1,254.00 2711921420059 3801 WOODBINE LA $ 4,180.00 1,254.00 2711921420060 3807 WOODBINE LA $ 4,180.00 1,254.00 711921420063 3806 72ND AVE N $ 4,180.00 1,254.00 711921420064 3800 72ND AVE N $ 4,180.00 1,254.00 711921420065 3718 172ND AVE N $ 4,180.00 1,254.00 711921420066 3712 72ND AVE N 4,180.00 1,254.00 711921420067 706 72ND AVE N 4,180.00 1,254.00 711921420068 3700 72ND AVE N - $ 4,180.00 1,254.00 711921420069 3624 72ND AVE N $ 4,180.00 1254.00 711921420070 3618 72ND AVE N 4,180.00 1,254.00 711921420071 3612 72ND AVE N 4,180.00 1,254.00 711921420072 3606 72ND AVE N 4,180.00 1,254.00 711921420073 3600 172ND AVE N 4,180.00 1,254.00 711921420074 3518 172ND AVE N 4,180.00 1,254.00 27 11921420075 3512 172ND AVE N 4,180.00 1,254.00 27 11921420076 3506 72ND AVE N $ 4,180.00 1,254.00 711921420077 3500 72ND AVE N $ 4,180.00 1.25400 711921420078 3413 72ND AVE N $ 4,180.00 1.25400 711921420079 3501 72ND AVE N $ 4,180.00 1,254.00 711921420080 3507 72ND AVE N $ 4,180.00 1,254.00 711921420081 3513 72ND AVE N $ 4,180.00 ...1,254.00 711921420082 3519 172ND AVE N $ 4,180.00 $1,254.00 711921420083 3601 72ND AVE N $ 4,180.00 $1,254.00 711921420084 3607 72ND AVE N $ 4,180.00 $1,254.00 711921420085 3613 72ND AVE N $ 4,180.00 $1,254.00 711921420086 3619 72ND AVE N $ 4,180.00 $1,254.00 711921420087 3625 72ND AVE N $ 4,180.00 $1,254.00 711921420088 3701 72ND AVE N $ 4,180.00 $1,254.00 711921420089 3707 72ND AVE N $ 4,180.00 $1,254.00 711921420090 3713 172ND AVE N $ 4,180.00 $1,254.00 711921420091 3719 172ND AVE N $ 4,180.00 $ 1,254.00 27 11921420092 3801 72ND AVE N $ 4,180.00 1,254.00 27 11921420093 3807 72ND AVE N 4,180.00 1,254.00 27 11921420097 3806 VIOLET AVE N $ 4,180.00 1254.00 711921420098 3800 VIOLET AVE N $ 4,180.00 1.25400 711921420099 3724 VIOLET AVE N 4,180.00 1.25400 711921420100 3718 VIOLET AVE N 4,180.00 1,254.00 711921420101 3712 IVIOLET AVE N $ 4,180.00 1,254.00 711921420102 3706 VIOLET AVE N 4,180.00 1,254.00 711921420103 3700 VIOLET AVE N 4,180.00 1,254.00 711921420104 3632 VIOLET AVE N $ 4,180.00 1,254.00 711921420105 3628 VIOLET AVE N $ 4,180.00 1,254.00 711921420106 3624 VIOLET AVE N $ 4,180.00 1,254.00 2711921420107 3625 VIOLET AVE N $ 4,180.00 1,254.00 2711921420108 3631 1 VIOLET AVE N $ 4,180.00 1,254.00 711921420109 3701 VIOLET AVE N $ 4,180.00 1,254.00 711921420110 3707 VIOLET AVE N $ 4,180.00 . 1,254.00 2711921420117 7107 PALMER LAKE CIR $ 4,180.00 $ 1,254.00 2711921420118 7101 PALMER LAKE DR $ 4,180.00 $ 1,254.00 711921420119 3604 VIOLET AVE N $ 4,180.00 $ 1,254.00 711921420120 3608 VIOLET AVE N $ 4,180.00 $ 1,254.00 2711921420121 3612 IVIOLET AVE N $ 4,180.00 $ 1,254.00 711921420122 3616 IVIOLET AVE N 4,180.00 $ 1,254.00 2711921420123 3620 1 VIOLET AVE N 4,180.00 $ 1,254.00 2711921420124 3621 IVIOLET AVE N 4,180.00 $1,254.00 2711921420125 3617 VIOLET AVE N 4,180.00 $1,254.00 2711921420126 3613 VIOLET AVE N 4,180.00 $1,254.00 2711921430001 7040 DREW AVE N 4,180.00 $1,254.00 2711921430002 7036 DREW AVE N 4,180.00 $1,254.00 2711921430003 7030 DREW AVE N _____- 4,180.00 ______$1,254.00 CITY OF BROOKLYN CENTER PROPOSED PENDING ASSESSMENT ROLL 'es, PROPERTYID HOUSE 2711921430004 7024 2711921430005 7018 2711921430006 7012 STREET DREW DREW DREW NAME LEVY# AVE N AVE N AVE N STREET I -CE $ 4,180.00 $ 4,180.00 _____ $ 4,180.00 W# STORM NOTES 1,254.00 $ 1,254.00$ 1,254.00 _____ 2711921430007 7006 DREW AVE N $ 4,180.00 _____ 1,254.00 2711921430008 7000 DREW AVE N $ 4,180.00 1,254.00 2711921430009 6942 DREW AVE N $ 4,180.00 $ 1,254.00 711921430010 711921430011 936 930 DREW EW AVE N AVE N $ 4,180.00 $ 4,180.00 $1,254.00 $ 1,254.00 711921430012 612 URBAN AVE N $ 4,180.00 $ 1,254.00 2711921430013 24 DREW AVEN $ 4,180.00 - $ 1254.00 11921430014 7037 DREW AVE N $ 4,180.00 $ 1,254.00 711921430015 7031 DREW AVE N $ 4,180.00 $ 1,254.00 711921430016 7025 711921430017 7019 DREW DREW AVE N AVE N $ 4180.00 $ 4,18000 $ 1,254.00 $ 1,254.00 711921430018 7013 DREW AVE N $ 4,180.00 $ 1,254.00 2711921430019 7007 DREW AVE N $ 4,180.00 $ 1,254.00 2711921430020 7001 DREW AVE N 80.00 $ 1,254.00 2711921430021 6943 27119430022 693721 2711921430023 31 DREW AVE N DREW AVE N DREW AVE N $ 4,180.00 $ 4,180.00 $ 4,180.00 1,254.00 1,254.00 1,254.00 2711921430024 25 DREW AVE N $ 4,180.00 1,254.00 2711921430025 706 URBAN AVE N _____ $ 4,180.00 1,254.00 2711921430026 3Y12 URBAN AVE N $ 4,180.00 $ 1,254.00 2711921430027 693U EWING AVE N $ 4,180.00 $ 1,254.00 711921430028 936 EWING AVE N $ 4,180.00 $1,254.00 711921430029 - 7000 EWING AVE N EWING AVE N $ 4,180.00 $ 4,180.00 1,254.00 1,254.00711921430030 711921430031 7006 EWING AVE N ______ $ 4,180.00 1,254.00 711921430032 7012 EWING AVE N $ 4,180.00 $ 1,254.00 2711921430033 2711921430034 7018 7024 EWING AVE N EWING AVE N $ 4,180.00$ 4,180.00 $ 1,254.00 $ 1,254.00 2711921430035 7030 EWING AVE N _____ $ 4,180.00 1,254.00 2711921430036 7036 EWING AVE N $ 4,180.00 1,254.00 2711921430037 7042 EWING AVE N $ 4,180.00 1,254.00 2711921430038 7043 EWING AVE N $ 4,180.00 $1,254.00 2711921430039 7037 EWING AVE N $4,180.00 $1,254.00 711921430040 7031 EWING AVE N EWINGAVEN $4,180.00 $4,180.00 $1,254.00 $1,254.007119214300417025 711921430042 7019 EWING AVE N $ 4,180.00 1,254.00 2711921430043 7013 EWING AVE N $ 4,180.00 $ 1,254.00 2711921430044 711921430045 7007 7001 EWINGAVEN WINGAVEN WING AVE N $4,180.00 $4,180.00 $4,180.00 $1,254.00 $ 1,254.00 _____ $1,254.00 1 2711921430046 943 2711921430047 937 WING AVE N $4,180.00 $1,254.00 711921430048 6931 EWING AVE N $4,180.00 $1,254.00 711921430049 3 U6 URBAN AVEN $4,180.00 $1,254.00 711921430063 711921430064 3813 3807 URBANAVEN URBANAVEN $4,180.00 $4,180.00 $1,254.00 $1,254.00 2711921430065 3 01 URBANAVEN $4,180.00 $1,254.00 2711921430066 3719 URBANAVEN $4,180.00 _____ $1,254.00 2711921430067 3713 URBAN AVEN $4,180.00 _____ $1,254.00 2711921430068 2711921430069 2711921430070 3707 3701 3619 URBANAVEN URBANAVEN URBANAVEN URBANAVEN $4,180.00 $4,180.00 $4,180.00 $4,180.00 $1,254.00 $1,254.00 $1,254.00 $1,254.007119214300713613 711921430081 7043 PALMER LAKE DR W $4,180.00 711921430082 2711921430083 2711921430084 7037 7031 3600 PALMER LAKE DR W $4,180.00 VIOLET AVE N $4,180.00 PALMER LAKE DRW $1,254.00 $1,254.00 - 2711921430085 3609 _ VIOLET AVE N $4,180.00 $1,254.00 27119214 _3605 _ _VIOLET AVEN $4,180.00 ____ $1,254.00 November 9, 2015 2016 PALMER LAKE WEST AREA RECONSTRUCTION IMPROVEMENT PROJECT NOS. 2016-01 AND 02 CITY OF BROOKLYN CENTER PROPOSED PENDING ASSESSMENT ROLL November 9, 2015 2016 PALMER LAKE WEST AREA RECONSTRUCTION \ IMPROVEMENT PROJECT NOS. 2016-01 AND 02 __ PROPERTY ID ROUSE STREET NAME LEVY#STREET LEVY #STORM NOTES 2711921430087 3601 VIOLET AVE N 4,180.00 $ 1,254.00 2711921430088 3507 VIOLET AVE N 4,180.00 $ 1,254.00 2711921430089 7019 PALMER LAKE DR 4,180.00 $ 1,254.00 2711921430090 7013 PALMER LAKE DR W 4,180.00 $ 1,254.00 2711921430091 7007 PALMER LAKE DR W 4,180.00 $ 1,254.00 2711921430092 7001 PALMER LAKE DR W 4,180.00 $ 1,254.00 2711921430093 6943 PALMER LAKE DR 4,180.00 $ 1,254.00 2711921430094 6937 PALMER LAKE DR 4,180.00 $ 1,254.00 2711921430095 6931 PALMER LAKE DR 4,180.00 $ 1,254.00 2711921430096 3606 URBAN AVE N 4,180.00 $ 1,254.00 2711921430097 6925 IPALMER LAKE DR 4,180.00 $ 1,254.00 2711921430098 3607 URBAN AVE N 4,180.00 $ 1,254.00 2711921430099 3601 URBAN AVE N 4,180.00 $ 1,254.00 2711921430100 3513 URBAN AVE N 4,180.00 $ 1,254.00 2711921430101 6913 PALMER LAKE DR W 4,180.00 $1,254.00 2711921430102 6907 PALMER LAKE DR 4,180.00 $ 1,254.00 Total Assessments 831,820.00 I I_$249,546.00 City Council Agenda Item No. 7 City Council Agenda Item No. 7a COUNCIL ITEM MEMORANDUM DATE: 10/19/2015 TO: City Council FROM: Curt Boganey, City Manag ' SUBJECT: Resolution expressing recognition of, and appreciation for the dedicated public service of the Brooklyn Center Centennial Civic & Veterans Memorial Amphitheater Fundraising Task Force Recommendation: It is recommended that the City Council consider approval/adoption of a resolution recognizing the dedicated public service of the Centennial Civic & Veterans Memorial Amphitheater Fundraising Task Force Background: On February 27, 2012, the City Council authorized the creation of an ad hoc task force for the express purpose of raising funds and/or soliciting in-kind donations for the construction of a memorial amphitheater in Centennial Park. The original term of the task force was to be three years, with a fundraising goal of $335,000. The task force, to date, has raised more than $356,000. The realization of the construction of the Amphitheater was largely due to the efforts of the fundraising task force who volunteered their time and talents. The Amphitheater will be enjoyed for generations to come and may be used for concerts, plays, school groups, movies in the park, civic events, cultural events, and celebrations It is highly appropriate that the dedicated service of Task Force member's Dr. Duane Orn, Phil Cohen, Brett Hildreth, Sharon Kephart, Myrna Kragness Kauth, Sue LaCrosse, Keith Lester, Sue Low and Earl Simons be recognized and appreciated. Budget Issues: There are no budget issues to consider. Strategic Priorities: Enhanced Community Image ]ktission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves t/;epublic trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF THE BROOKLYN CENTER CENTENNIAL CIVIC & VETERANS MEMORIAL AMPHITHEATER FUNDRAISING TASK FORCE WHEREAS, the mission of the Amphitheater Fundraising Task Force was created for the purpose of raising funds and/or soliciting in-kind donations for the construction of a memorial amphitheater in Centennial Park; and WHEREAS, the task force committee devoted 4Y2 years to making presentations and meeting with numerous businesses, civic groups, and individuals; and WHEREAS, the task force raised more than $356,000 through donations; and WHEREAS, after years of diligent fundraising by this committee, the Brooklyn Center Centennial Civic & Veterans Memorial Amphitheater is ready to showcase community events; and WHEREAS, the Brooklyn Center Centennial Civic & Veterans Memorial Amphitheater provides a legacy to the City in honor of the 2011 Centennial Celebration; and WHEREAS, the Amphitheater will be enjoyed for generations to come and may be used for concerts, plays, school groups, movies in the park, civic events, cultural events, and celebrations; and WHEREAS, the realization of the construction of the Amphitheater was due to the efforts of the fundraising task force who volunteered their time and talents; and WHEREAS, their dedicated 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 their 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 the dedicated public service of the Brooklyn Center Centennial Civic & Veterans Memorial Amphitheater Fundraising Task Force, who include Dr. Duane Orn, Phil Cohen, Brett Hildreth, Sharon Kephart, Myrna Kragness Kauth, Sue LaCrosse, Keith Lester, Sue Low, and Earl Simons is hereby recognized and appreciated by the City of Brooklyn Center. November 9, 2015 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 9 City Council Agenda Item No. 9a COUNCM flEM MEMORANDUM DATE: November 9, 2015 TO: Curt Boganey, City Manager d^— 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. 2015-009 and 2015-010, Submitted by Buhl Investors, Requesting Approval of a Planned Unit Development Amendment o. 2) to the Regal Road Development Addition Planned Unit Development of 1998, along with Approval of Site and Building (Development) Plan of Proposed Brooklyn Center Commercial Storage Building (Located at 6330 Camden Avenue North). Recommefldatioll Recommended the City Council adopt the Resolution regarding the Disposition of Planning Commission Application No. 2015-009 and 2015-010, submitted by Buhl Investors, requesting approval of a Planned Unit Development Amendment o. 2) to the Regal Road Development Addition Planned Unit Development of 1998, along with Approval of Site and Building (Development) Plan of Proposed Brooklyn Center Commercial Storage Building, located at 6330 Camden Avenue North. Background: On October 29, 2015, the City Plaiming Commission reviewed both Planning Application Nos, 2015-009 and 2015-010, submitted by Buhl Investors, requesting approval of an Amendment o. 2) to the Regal Road Development Addition Planned Unit Development of 1998, along with approval of a Site and Building (Development) Plan of a proposed 4-story, 80,000 sf. co mmercial storage building, located at 6330 Camden Avenue North. This amendment was required due to the PUD Agreement of 1998 stipulating that any new development on the two commercial pad sites within the Regal Road PUD, must be approved under a PUD amendment, along with an approved Site and Building (Development) plan. This second PUD Amendment and the acco mpanying Site/Development Plan provides for an allowance of the commercial storage use in the u nderlying C2 (Commerce) District, along with reduced building setbacks and required parking spaces. At the October 29th meeting, the Planning Commission reviewed both application items under a duly noticed public hearing, with no comments or objections received from the general public. Mission: Ensurilig an attractive, clean, safe, inclusive conunuiiiti' that enhances the qiialitj' of life for al/people and preserves the public tilts! COUNC]IIL ]ITEM MEMORANDUM Attached for review is Planning Commission Resolution Nos. 2015-10 and 2015-11, with both providing the Commission's favorable (and unanimous) recommendations of approval regarding Planning Application Nos. 2015-009 and 2015-010, respectively. Excerpts minutes from the October 29, 2015 Planning Commission meeting as related to these items are attached for the Council's review. Budget Issues: There are no budget issues to consider. Strategic Priorities: Targeted Redevelopment 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 REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2015-009 AND 2015-010, SUBMITTED BY BUHL INVESTORS, REQUESTING APPROVAL OF A PLANNED UNIT DEVELOPMENT AMENDMENT (NO. 2) TO THE REGAL ROAD DEVELOPMENT ADDITION PLANNED UNIT DEVELOPMENT OF 1998, ALONG WITH APPROVAL OF SITE AND BUILDING (DEVELOPMENT) PLAN OF PROPOSED BROOKLYN CENTER COMMERCIAL STORAGE BUILDING (LOCATED AT 6330 CAMDEN AVENUE NORTH). WHEREAS, on July 27, 1998, the City Council of Brooklyn Center adopted Resolution No, 98-133, which approved and accepted the Regal Road Development Addition Planned Unit Development (PUD) of 1998, which comprehended the rezoning approval of 16.76 acre area of land bounded on the north by 66th Avenue, TH252 on the east, Interstate 694 to the south, and Camden Avenue to the west, from C-2 (Commerce) to PUD/C-2 (Planned Unit Development/Commerce) District; and WHEREAS, the PUD proposal comprehended the development of a new site and building plan approval of an 85,240 sq. ft., 4,592 seat, 20 screen theater on 13.09 acres of the rezoned subject PUD site, along with the creation of two future development pad sites consisting of 88,186 sq. ft. (Pad Site No. 2 - to the north) and 71,693 sq. ft. (Pad Site No. 3 - to the south), respectively, for future commercial development, with each pad site identified as potential restaurant uses; and WHEREAS, on September 28, 1998, the City Council approved Planning Application No. 98-19, which comprehended the First Amendment to the approved Regal Road Development Addition Planned Unit Development, which would provide alternative storm water detention in the event the original designed and proposed storm systems were not accepted by the local watershed, which in any event led to watershed approvals and the need for these storm water alternatives were not necessary; and WHEREAS, Buhl Investors (the "Developer") on behalf of Crown Brawley, LLC (the "Owners") submitted Planning Application No. 2015-009, which is considered the Second Amendment to the Regal Road Development Addition Planned Unit Development of 1998, by allowing certain changes to the approved PUD for this development area; and WHEREAS, Planning Application 2015-009 presents an official request by the Developer to allow a specific commercial use not identified under City Zoning Code Section 35- 322, C2 (Commerce) District standards, and allow the development of Pad Site No. 3 under the original Regal Road Development Addition PUD, with a new 4-story, 80,000 sq. ft. commercial self-storage facility at this location; and allow for reduced setbacks and parking spaces for this commercial use; and RESOLUTION NO. 2015- WHEREAS, Planning Commission Application No. 2015-010, was also submitted by Buhl Investors, and on behalf of Crown Brawley, LLC, requesting approval of a new Site and Building Plan of a proposed 4 story, 80,000 sf. commercial self-storage facility, titled the "Brooklyn Center Self-Storage" facility, for the subject property located at 6330 Camden Avenue North; and WHEREAS, this proposed Site and Building Plan comprehended under Planning Application No. 2015-010 shall serve as the new Development Plan in conjunction with the proposed Second Amendment to the Regal Road Development Addition Planned Unit Development of 1998, noted and described herein, and WHEREAS, on October 29, 2015, the Planning Commission held a duly called public hearing, whereby a staff report and public testimony regarding the Amendment to this Planned Unit Development were received and considered by the Planning Commission; the Planning Commission considered the Planned Unit Development Amendment request in light of all testimony received, including the guidelines for evaluating such amendments as contained in Section 35-355 of the City's Zoning Ordinance and the City's Comprehensive Plan; and WHEREAS; in light of all testimony received, the Planning Advisory Commission of the City of Brooklyn Center did determine that Planning Application No. 2015- 009, submitted by Buhl Investors, may be approved based upon the following considerations: a)The allowance of this non-specified commercial use in this underlying C2 (Commerce) District will help promote and enhance the general welfare of this overall PUD, as it maintains and keeps the redevelopment of this site active and ongoing; and reflects a reasonable need or benefit to the PUD Site as requested by the Developer, b)The allowance of the reduced setbacks from the front and rear yards will not be detrimental to the adjacent uses; nor pose any threats or danger to the general public, public safety personnel and vehicles; nor injurious to the use and enjoyment of other uses in this PUD; nor impedes the normal orderly development and proposed improvements of this overall PUD; C) This development site and overall PUD site will have adequate measures in place to maintain and provide suitable access to the site. d) The development plans of this Brooklyn Center Storage facility appears to be a reasonable and effective means of adding additional commercial tax base to the community; and will be a good fit to the overall Regal Road Development Planned Unit Development project area, and is supported and approved by the Planning Commission, RESOLUTION NO. 2015- e) City will require execution of a restrictive covenant limiting future use of the subject property to only the proposed commercial self-storage use, which will also provide for allowances for the building encroachments and reduced parking arrangement to continue or be approved. Should this approved commercial storage use increase or change over to a different commercial use(s), the Developer/Owners of this site will need to make proper arrangements have all changes approved by the City; and WHEREAS, the Planning Advisory Commission of the City of Brooklyn Center did determine that Planning Application No, 2015-009, submitted by Buhl Investors, may be approved based on the belief that the guidelines for evaluating Planned Unit Development Amendment as contained in Section 35-355 of the City's Zoning Ordinance have been met, and the proposal is, therefore, in the best interest of the community. AND WHEREAS, on October 29, 2015, the Planning Commission simultaneously heard under the same public hearing for the PUD Amendment noted herein, and reviewed and received a planning report on the proposed new Site and Building (Development) Plans for the proposed Brooklyn Center Self-Storage facility development, and other related improvements in conjunction with this specific development within the established PUD area; and WHEREAS, in light of all testimony received, and utilizing the guidelines and standards for evaluating site and building plans, as contained in Section 35-230 (Plan Approval) of the City's Zoning Ordinance, along with consideration of the goals and objectives of the City's Comprehensive Plan, the Planning Commission considers this site and building plan an appropriate and reasonable development of the subject property; and WHEREAS, the Planning Commission finds that the Site and Building plans for this Brooklyn Center Self-Storage facility is consistent with the general Development Plans of the original Regal Road Development Addition Planned Unit Development of 1998. AND WHEREAS, upon acceptance of all public comments and discussion of these two related Planning Application items, the Planning Commission adopted separate Resolution No. 2015-10 and 2015-11, both of which provides favorable and unanimous recommendations to the City Council that PUD Amendment comprehended under Planning Application No. 2015-009, by allowing certain changes to the approved PUD for this development area; and the Site and Building (Development) Plan of the proposed Brooklyn Center Self-Storage facility, as comprehended under Planning Application No. 2015-010, may be approved with certain conditions. RESOLUTION NO. 2015- NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Brooklyn Center, Minnesota, that Planning Application No. 2015-009 submitted by Buhl Investors, requesting approval of a 2nd Amendment to the Regal Road Development Addition Planned Unit Development of 1998, is hereby approved subject to the following conditions: 1)Developer is allowed to develop this Pad Site No. 3, identified under the original Regal Road (Regal Theatre) Addition Planned Unit Development of 1998, with a new 4 story, 80,000 sf commercial self-storage building, with reduced setbacks as shown on the approved Site/Development Plan for the subject site. 2)The commercial self-storage site shall not allow outdoor storage of vehicles, recreational vehicles (all forms), boats and/or trailers, miscellaneous equipment and other personal property items, 3)Developer is granted a reduction to the amount of parking normally required on this commercial site, due to the acceptable limited nature of this self-storage use, and the lower levels of expected (estimated) vehicle traffic and trip generations to and from the subject site, as accepted by city staff. 4)City will require execution of a restrictive covenant limiting future use of the subject property to only this commercial self-storage use, which will allow the reduced parking arrangement to be approved for the subject site. Should this approved use increase or change over, the Developer/Owners of this site will need to make proper arrangements and must have all changes approved by the City. 5)The commercial development plan submitted for approval under Planning Application No. 2015-010 (pursuant to City Zoning Code Section 35-230), shall be in substantial compliance with the approved development plan. Substantial compliance shall mean that buildings, parking areas and roads are in essentially the same location as previously approved; the floor area of nonresidential areas has not been increased or decreased by more than 5 percent; no building has been increased in the number of floors; open space has not been decreased or altered from its original design or use, and lot coverage of any individual building has not been increased or decreased by more than 10 percent. 6)If within 12 months following approval by the City Council of the development plan, no building permits have been obtained or, if within 12 months after the issuance of building permits no construction has RESOLUTION NO. 2015- commenced on the area approved for the PUD area, the City Council reserves the right to recall or cancel this development plan proposed for the subject property. 7)Any major amendment to the development plan may be approved by the City Council following the same notice and hearing procedures specified in this section. An amendment shall be considered major if it involves any change greater than that permitted by Subdivision 5d of this section. Changes which are determined by the City Council to be minor may be made if approved by the Planning Commission after such notice and heating as may be deemed appropriate by the Planning Commission. 8)After approval of the development plan and the plan approval required by Section 35-230, nothing shall be constructed on the site and no building permits shall be issued except in conformity with the approved plans. 9) Unless amended otherwise or under separate agreement, all existing provisions, standards and variations provided under the Regal Road Development Planned Unit Development of 1998, and any subsequent amendments, shall remain in effect. AND BE IT FURTHER RESOLVED, by the City Council for the City of Brooklyn Center, Minnesota, that the Site and Building (Development) Plan of the proposed 4- story, 80,000 sq. ft. commercial storage Brooklyn Center Self-Storage facility, as comprehended under Planning Application No. 2015-010, is hereby approved subject to the following conditions: 1)Developer agrees to comply with all conditions or provisions noted in the City Engineer's Review memo, dated October 22, 2015. 2)Final drainage and utility plans and specifications need to be received and approved by the City Engineer. 3)Final grading, drainage, utility and erosion control plans and any other site engineering elated issues are subject to review and approval by the City Engineer prior to the issuance of permits. A Storm water Pollution Prevention Plan (SWPPP) must be provided for review and approval. 4)The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 5) All landscaped areas, including street boulevards, shall include approved irrigation systems to facilitate site maintenance. RESOLUTION NO. 2015- 6)Site Plan approval is exclusive of all signs scheduled to be installed on this site, including new wall (building) signs, New signs are subject to Chapter 34 of the City Code of Ordinances and shall be approved under separate sign permits. 7)Any major changes or modifications made to this Site and Building Plan can only be made by amendment to the approved Site and Building Plan as approved by the City.. 8) Developer must submit an as-built survey of the property, improvements and utility service lines and structures; and provide certified record drawings of all project plan sheets depicting any associated private and/or public improvements, revisions and adjustments prior to issuance of the certificate of occupancy. The as-built survey must verify that all property corners have been established and are in place at the completion of the project as determined and directed by the City Engineer. November 9, 2015 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA OCTOBER 29, 2015 1.CALL TO ORDER The Planning Commission meeting was called to order by Chair Christensen at 7:01 p.m. 2.ROLL CALL Chair Randy Christensen, Commissioners Alexander Koenig, John MacMillan, Carlos Morgan (arrived at 7:17 p.m.), Stephen Schonning, Rochelle Sweeney, and Susan Tade were present. 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 MacMillan, seconded by Commissioner Schoiming to approve the October 29, 2015 agenda. The 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 - OCTOBER 15, 2015 There was a motion by Commissioner Sweeney, seconded by Commissioner MacMillan, to approve the minutes of the October 15, 2015 meeting. The motion passed unanimously. 6, PLANNING APPLICATION ITEMS 6a) APPLICATION NO. 2015-009 BUHL INVESTORS/CROWN BRAWLEY, LLC; CONSIDERATION OF A PLANNED UNIT DEVELOPMENT AMENDMENT (NO. 2) TO THE REGAL ROAD (REGAL THEATRE) PLANNED UNIT DEVELOPMENT OF 1998, TO ALLOW THE PLANNED NEW DEVELOPMENT OF A NEW COMMERCIAL SELF-STORAGE FACILITY IN THE PUD/C2 (PLANNED UNIT DEVELOPMENT! COMMERCE DISTRICT); (6330 CAMDEN AVENUE NORTH) Chair Christensen introduced Application No. 2015-009, consideration of a Planned Unit Development Amendment (No. 2) to the Regal Road (Regal Theatre) Planned Unit Development Excerpt - MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OCTOBER 29, 2015 of 1998, to allow the planned new development of a new commercial self-storage facility in the PUD/C2 (Planned Unit Development/Commerce District), located at 6330 Camden Avenue N. (See Planning Commission Reports dated October 29, 2015 for Application No. 2015-009.) Mr. Benetti introduced the application; provided background; the PUD development site plan; showed pictures of the development site; provided information on the requested building setbacks and pointed out an abandoned ring road and a jagged piece of land on the southern border that MIIDOT owns that affects the setbacks. He provided information on the utility plan that includes a shell filtration basin; the landscape plan; the lighting plan; the architectural elements including a green branding element; access and parking plans; and the PUD findings. It was noted that legal notice was published in the local Sun-Post and notice letters were delivered to all neighboring properties within 350 feet of the subject site. No response was received. Mr. Benetti stated Plaiming Staff recommends the Planning Commission provide a recommendation to the City Council to approve Planning Application No. 2015-009, consideration of a Planned Unit Development Amendment (No. 2) to the Regal Road (Regal Theatre) Planned Unit Development of 1998, to allow the planned new development of a new commercial self-storage facility in the PUD/C2 (Planned Unit Development/Commerce) District, with the conditions noted in the Planning Staff report and also similar in the Resolution with the following modifications: 1) Developer is allowed to develop this Pad Site No. 3, identified under the original Regal Road (Regal Theatre) Plaimed Unit Development of 1998, with a new 4 story, 80,000 sf. commercial self-storage building, with reduced setbacks as shown on the approved Site/Development Plan for the subject site. and 2) The commercial self-storage site shall not allow outdoor storage of vehicles, recreational vehicles (all forms), boats and/or trailers, miscellaneous equipment and other personal property items. OPEN TO PUBLIC COMMENTS -APPLICATION NOS. 2015-009 and 2015-010 Chair Christensen recognized residents in the audience who wished to speak on this matter. There was a motion by Commissioner Morgan, seconded by Commissioner Schonning, to open the public hearing on Application Nos. 2015-009 and 2015-010, at 7:23 p.m. The motion passed unanimously. Chair Christensen called for comments from the public. There were no individuals in attendance and no comments received at that time. MOTION TO CLOSE PUBLIC COMMENTS (HEARING) There was a motion by Commissioner Schonning, seconded by Commissioner MacMillan, to close the public hearing on Application Nos. 2015-009 and 2015-010. The motion passed unanimously. PC Minutes 10-29-15 -2- DRAFT Excerpt - MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OCTOBER 29, 2015 Chair Christensen called for questions and comments from Commissioners. Commissioner MacMillan asked if the building would be staffed 24 hours a day. Mr. Tim V au ghn, project architect with Sperides-ReinerS Architects, and representing the developer, stated that as far as he knows it will be monitored and staffed 24 hours a day. Chair Christensen asked about the doors on the building and which were vehicle accessible and about the vehicle flow. Mr. Vaughn and Mr. Benetti answered his questions. Commissioner Schonning asked about the abandoned section of the road and how visible it was from the highway and if anything could be done while they determine if it can be deeded. Mr. Benetti replied that the area is MnDOT property and it is a little bit noticeable from the highway. He stated he is confident that MnDOT would be willing to work with the developer regarding the property because they have no purpose for the land. Mr. Eitel stated that it is not noticeable from Hwy. 694. Commissioner Schonning stated his concern about the look of the abandoned land alongside a new building. Chair Christensen asked if there would be more parking spots if the land was deeded over. Mr. Benetti replied affirmatively but stated that parking is acceptable as it is. Chair Christensen asked about the Camden Avenue N dead end turnaround and if there were going to be any setback issues. Mr. Benetti replied there would be no issues with setbacks. Chair Christensen asked about the exterior materials that will be used particularly the metallic surface and if it would be mirror-like. Mr. Vaughn stated that the metallic silver with a matte or nonglossy finish, similar to an automotive silver paint, and it would not be mirrored, Commissioner Morgan stated his appreciation for the thoroughness of the materials provided to the Commissioners and the difference it makes because it gives the City Council confidence that items are being well thought out by the Commission. Commissioner Schonuing stated that this is one of the best uses that can be made with this property and he is really glad to see it going forward. Mr. Benetti stated that the developer has made a concerted effort to bring a nice development to this area and that the Planning Staff was looking for a nice product because this is a high visibility corner. He also stated that there is nothing new with the recent rumors surrounding the sale or redevelopment of the Regal Theatre site, and the theatre site remains active. Commissioner Morgan stated his perception that the City's allowance for new buildings are now at a higher caliber than previously, and that maybe one day the City will be looked at as a leader or set a great example for other communities to develop or look like in the future. PC Minutes DRAFT 10-29-15 -3- Excerpt - MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OCTOBER 29, 2015 Chair Christensen asked if the site is being sold as a separate site. Mr. Benetti replied that it is his understanding that it will be sold off directly to Buhl Investors [which was verbally confirmed by member of the audience, Mr. Terry Moses, representing Crown Brawley LLC]. Chair Christensen confirmed his understanding that it will still be under the PUD, Mr. Benetti replied that this is an active PUD and the amendment is allowing the development to be carried forward and it is still subject to the original 1998 PUD and it will be amended with new declaration of covenants and restrictions. Future owners will have to amend the PUD as needed. Chair Christensen asked what the PUD included. Mr. Benetti stated it included three pad sites and that the other sites have been developed with the exception of this one. He also stated that should the Regal Theatre property be targeted for redevelopment, it would require another PUD amendment. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2015-10 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2015-009 SUBMITTED BY BUHL INVESTORS FOR CONSIDERATION OF A PLANNED UNIT DEVELOPMENT AMENDMENT (NO. 2) TO THE REGAL ROAD (REGAL THEATRE) PLANNED UNIT DEVELOPMENT OF 1998, TO ALLOW THE PLANNED NEW DEVELOPMENT OF A NEW COMMERCIAL SELF- (STORAGE FACILITY IN THE PUD/C2 (PLANNED UNIT DEVELOPMENT/COMMERCE DISTRICT (6330 CAMDEN AVENUE NORTH) There was a motion by Commissioner MacMillan, seconded by Commissioner Schonning, to approve Planning Commission Resolution No. 20 15-10. Voting in favor: Chair Christensen, Commissioners Koenig, MacMillan, Morgan, Schonning, Sweeney, and Tade. And the following voted against the same: None The motion passed unanimously. The Council will consider the application at its November 9, 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 10-29-15 -4- DRAFT Excerpt - MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OCTOBER 29, 2015 6b) APPLICATION NO. 2015-010; BUHL INVESTORS/CROWN BRAWLEY, LLC; CONSIDERATION OF A SITE AND BUILDING DEVELOPMENT PLAN RELATED TO THE PROPOSED PLANNED UNIT DEVELOPMENT AMENDMENT (NO. 2) TO THE REGAL ROAD (REGAL THEATRE) PLANNED UNIT DEVELOPMENT 1998 1 TO ALLOW THE DEVELOPMENT OF A NEW 4-STORY, 80,000 SF COMMERCIAL STORAGE FACILITY IN THE PUD/C2 FOR THE REGAL ROAD (REGAL THEATRE) PLANNED UNIT DEVELOPMENT OF 1998, TO ALLOW THE PLANNED NEW DEVELOPMENT OF A NEW COMMERCIAL SELF-STORAGE FACILITY IN THE PUD/C2 (PLANNED UNIT DEVELOPMENT/COMMERCE) DISTRICT; (6330 CAMDEN AVENUE N) Chair Christensen introduced Application No. 2015-010, consideration of a Site and Building Development Plan related to the proposed Planned Unit Development Amendment O. 2) to the Regal Road (Regal Theatre) Planned Unit Development 1998, to allow the development of a new 4-story, 80,000 sf commercial storage facility in the PUD/C2 District, by allowing the planned new development of a new commercial self-storage facility in the PUD/C2 (Planned Unit Development/Commerce), located at 6330 Camden Avenue N. (See Planning Commission Reports dated 10-29-2015 for Application No. 2015-010.) It was noted that legal notice was published in the local Sun-Post and notice letters were delivered to all neighboring properties within 350 feet of the subject site. VAL OF PLANNING C 0. 2015-11 RI*iAKVIINU IITIL AV 4rc'cTr\mT APPTTCATTON NO. 2011 A1LYLJVJLkfl-'-*- CON S IDERATION OF A SITE AND O 2 TH] THE PROPOSED PLANNED I IN 14 DEVELOPMENT AMENDMENT REGAL ROAD (REGAL THEATRE) PLANNED UNIT THE DEVELOPMENT UP' A INVw '+-3-1 u.000 SF COMMERCIAL STORAGI FACILITY IN THE PUD/C2 FOR THE REGAL ROAD (REGAL THEATRE) PLANNEI UNIT DEVELOPMENT OF 1998 TO ALLOW THE PLANNED NEW DEVELOPMENT 0 A NEW COMMERCIAL SELF-STORAGE FACILITY IN THE PUD/C2 (PLANNED UNI DEVELOPMENT/COMMERCE) DISTRICT . (63 3 0 CAMDEN AVENUE N) There was a motion by Commissioner Schonning, seconded by Commissioner Tade, to approve Planning Commission Resolution No. 2015-11. Voting in favor: Chair Christensen, Commissioners Koenig, MacMillan, Morgan, Schonning, Sweeney, and Tade. And the following voted against the same: None The motion passed unanimously. PC Minutes DRAFT-5-10-29-15 Excerpt - MINTJTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OCTOBER 29, 2015 The Council will consider the application at its November 9, 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 10-29-15 -6- DRAFT ( :9 U Commissioner MacMillan introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO, 2015-10 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2015-009 SUBMITTED BY BURL INVESTORS FOR A PLANNED UNIT DEVELOPMENT AMENDMENT (No. 2) TO THE REGAL ROAD DEVELOPMENT ADDITION PLANNED UNIT DEVELOPMENT OF 1998 (LOCATED 6330 CAMDEN AVENUE NORTH) WHEREAS, on July 27, 1998, the City Council of Brooklyn Center adopted Resolution No. 98-133, which approved and accepted the Regal Road Development Addition Planned Unit Development (PUD) of 1998, which comprehended the rezoning approval of 16,76 acre area of land bounded on the north by 66th Avenue, TH252 on the east, Interstate 694 to the south, and Camden Avenue to the west, from C-2 (Commerce) to PUD/C-2 (Planned Unit Development/Commerce) District; and WHEREAS, the PUD proposal comprehended the development of a new site and building plan approval of an 85,240 sq. ft., 4,592 seat, 20 screen theater on 13.09 acres of the rezoned subject PUD site, along with the creation of two future development pad sites consisting of 88,186 sq. ft. (Pad Site No. 2 - to the north) and 71,693 sq. ft. (Pad Site No. 3 to the south), respectively, for future commercial development, with each pad site identified as potential restaurant uses; and WHEREAS, on September 28, 1998, the City Council approved Planning Application No. 98-19, which comprehended the First Amendment to the approved Regal Road Development Addition Planned Unit Development, which would provide alternative storm water detention in the event the original designed and proposed storm systems were not accepted by the local watershed, which in any event led to watershed approvals and the need for these storm water alternatives were not necessary; and WHEREAS, Buhl Investors (the "Developer") on behalf of Crown Brawley, LLC (the "Owners") have submitted Planning Application No. 2015-009, which is considered the Second Amendment to the Regal Road Development Addition Planned Unit Development of 1998, by allowing certain changes to the approved PUD for this development area; and WHEREAS, Planning Application 2015-009 presents an official request by the Developer to allow a specific commercial use not identified under City Zoning Code Section 35- 322, C2 (Commerce) District standards, and allow the development of Pad Site No. 3 under the original Regal Road Development Addition PUD, with a new 4-story, 80,000 sq. ft. commercial self-storage facility at this location; and allow for reduced setbacks and parking spaces for this commercial use; and WHEREAS, on October 29, 2015, the Planning Commission held a duly called public hearing, whereby a staff report and public testimony regarding the Amendment to this PC RESOLUTION NO. 2015-10 Planned Unit Development were received and considered by the Planning Commission; the Planning Commission considered the Planned Unit Development Amendment request in light of all testimony received, including the guidelines for evaluating such amendments as contained in Section 35-355 of the City's Zoning Ordinance and the City's Comprehensive Plan; and WHEREAS; in light of all testimony received, the Planning Advisory Commission of the City of Brooklyn Center did determine that Planning Application No. 2015- 009, submitted by Buhl Investors, may be approved based upon the following considerations: a)The allowance of this non-specified commercial use in this underlying C2 (Commerce) District will help promote and enhance the general welfare of this overall PUD, as it maintains and keeps the redevelopment of this site active and ongoing; and reflects a reasonable need or benefit to the PUD Site as requested by the Developer, b)The allowance of the reduced setbacks from the front and rear yards will not be detrimental to the adjacent uses; nor pose any threats or danger to the general public, public safety personnel and vehicles; nor injurious to the use and enjoyment of other uses in this PUD; nor impedes the normal ( orderly development and proposed improvements of this overall PUD; c)This development site and overall PUD site will have adequate measures in place to maintain and provide suitable access to the site. d)The development plans of this Brooklyn Center Storage facility appears to be a reasonable and effective means of adding additional commercial tax base to the community; and will be a good fit to the overall Regal Road Development Planned Unit Development project area, and is supported and approved by the Planning Commission. e) City will require execution of a restrictive covenant limiting future use of the subject property to only the proposed commercial self-storage use, which will also provide for allowances for the building encroachments and reduced parking arrangement to continue or be approved. Should this approved commercial storage use increase or change over to a different commercial use(s), the Developer/Owners of this site will need to make proper arrangements have all changes approved by the City. AND WHEREAS, the Planning Advisory Commission of the City of Brooklyn Center did determine that Planning Application No, 2015-009, submitted by Buhl Investors, may be approved based on the belief that the guidelines for evaluating Planned Unit Development Amendment as contained in Section 35-355 of the City's Zoning PC RESOLUTION NO. 2015-10 Ordinance have been met, and the proposal is, therefore, in the best interest of the community. NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission for the City of Brooklyn Center, Minnesota, that Planning Application No. 2015-009 submitted by Buhl Investors, requesting approval of a 2nd Amendment to the Regal Road Development Addition Planned Unit Development of 1998, may be approved subject to the following conditions: 1)Developer is allowed to develop this Pad Site No. 3, identified under the original Regal Road (Regal Theatre) Addition Planned Unit Development of 1998, with a new 4 story, 80,000 sf. commercial self-storage building, with reduced setbacks as shown on the approved Site/Development Plan for the subject site. 2)The commercial self-storage site shall not allow outdoor storage of vehicles, recreational vehicles (all forms), boats and/or trailers, miscellaneous equipment and other personal property items. 3)Developer is granted a reduction to the amount of parking normally required on this commercial site, due to the acceptable limited nature of this self-storage use, and the lower levels of expected (estimated) vehicle traffic and trip generations to and from the subject site, as accepted by city staff. 4)City will require execution of a restrictive covenant limiting future use of the subject property to only this commercial self-storage use, which will allow the reduced parking arrangement to be approved for the subject site. Should this approved use increase or change over, the Developer/Owners of this site will need to make proper arrangements and must have all changes approved by the City. 5) The commercial development plan submitted for approval under Planning Application No. 2015-010 (pursuant to City Zoning Code Section 35-230), shall be in substantial compliance with the approved development plan. Substantial compliance shall mean that buildings, parking areas and roads are in essentially the same location as previously approved; the floor area of nonresidential areas has not been increased or decreased by more than 5 percent; no building has been increased in the number of floors; open space has not been decreased or altered from its original design or use, and lot coverage of any individual building has not been increased or decreased by more than 10 percent. PC RESOLUTION NO. 2015-10 6)If within 12 months following approval by the City Council of the development plan, no building permits have been obtained or, if within 12 months after the issuance of building permits no construction has commenced on the area approved for the PUD area, the City Council reserves the right to recall or cancel this development plan proposed for the subject property. 7)Any major amendment to the development plan may be approved by the City Council following the same notice and hearing procedures specified in this section. An amendment shall be considered major if it involves any change greater than that permitted by Subdivision Sd of this section. Changes which are determined by the City Council to be minor may be made if approved by the Planning Commission after such notice and hearing as may be deemed appropriate by the Planning Commission. 8)After approval of the development plan and the plan approval required by Section 35-230, nothing shall be constructed on the site and no building permits shall be issued except in conformity with the approved plans. 9)Unless amended otherwise or under separate agreement, all existing provisions, standards and variations provided under the Regal Road Development Planned Unit Development of 1998, and any subsequent amendments, shall remain in effect. October 29, 2015 Date /z_- _/ cIIIITJJ> Chair ATTEST:i Secretary The motion for the adoption of the foregoing resolution was duly seconded by member Schonning; and upon vote being taken thereon, the following voted in favor thereof: Chair Christensen, Commissioners Koenig, Tade, Morgan, Sweeney, Schomming and MacMillan; and the following voted against the same: None; whereupon said resolution was declared duly passed and adopted. © (: Commissioner Schonning introduced the following resolution and moved its adoption PLANNING COMMISSION RESOLUTION NO. 2015-11 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2015-010 SUBMITTED BY BUHL INVESTORS, APPROVING THE SITE AND BUILDING PLAN (DEVELOPMENT PLAN) FOR THE PROPOSED BROOKLYN CENTER STORAGE BUILDING WITHIN THE REGAL ROAD DEVELOPMENT ADDITION PLANNED UNIT DEVELOPMENT (LOCATED AT 6330 CAMDEN AVENUE NORTH) WHEREAS, Planning Commission Application No. 2015-010, submitted by Buhl Investors (the "Developer") on behalf of Crown Brawley, LLC (the "Owners") are requesting approval of a new Site and Building Plan of a proposed 4 story, 80,000 sf. commercial self-storage facility, titled the "Brooklyn Center Self-Storage" facility, for the property located at 6330 Camden Avenue North; and WHEREAS, this proposed Site and Building Plan comprehended under Planning Application No. 2015-010 shall serve as the new Development Plan in conjunction with the proposed Second Amendment to the Regal Road Development Addition Planned Unit Development of 1998; and WHEREAS, on October 29, 2015, the Planning Commission held a public hearing and meeting to fully consider Planning Commission Application No. 2015-010, and reviewed and received a planning report on the proposed new Site and Building Plans for the proposed Brooklyn Center Self-Storage facility development, and other related improvements in conjunction with this specific development; and WHEREAS, in light of all testimony received, and utilizing the guidelines and standards for evaluating site and building plans, as contained in Section 35-230 (Plan Approval) of the City's Zoning Ordinance, along with consideration of the goals and objectives of the City's Comprehensive Plan, the Planning Commission considers this site and building plan an appropriate and reasonable development of the subject property; and WHEREAS, the Planning Commission finds that the Site and Building plans for this Brooklyn Center Self-Storage facility is consistent with the general Development Plans of the original Regal Road Development Addition Planned Unit Development of 1998. NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that the Site and Building Plan of proposed Brooklyn Center Self-Storage facility, as comprehended under Planning Application No. 2015-010, may be approved based upon the following considerations: A. The Site and Building Plan is compatible with the standards, purposes and PC RESOLUTION NO. 2015-11 intent of the City's Zoning Ordinance; B.The Site and Building Plan, in relation to the Planned Unit Development proposed on the Subject Site, will facilitate the redevelopment and improvement of this site, will allow for the utilization of the land in question in a manner which is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding land; C.The improvements and utilization of the property as proposed under the planned redevelopment of this site is considered a reasonable use of the property and will conform with ordinance standards; D.The Site and Building Plan proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area; E.The Site and Building Plan proposal appears to be a good long range use of the existing land and this proposed development can be considered an asset to the community; and F. Based upon the above considerations, it is believed that the guidelines for evaluating and approving a Site and Building Plan as contained in Section 35-230 (Plan Approval) of the City's Zoning Ordinance are met and the site proposal is, therefore, in the best interest of the community. BE IT FURTHER RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center does hereby recommend to the City Council that Planning Application No. 2015-010 may be approved, subject to the following conditions and considerations: 1)Developer agrees to comply with all conditions or provisions noted in the City Engineer's Review memo, dated October 22, 2015. 2)Final drainage and utility plans and specifications need to be received and approved by the City Engineer. 3)Final grading, drainage, utility and erosion control plans and any other site engineering elated issues are subject to review and approval by the City Engineer prior to the issuance of permits. A Storm water Pollution Prevention Plan (SWPPP) must be provided for review and approval. 4)The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. LILrnJ PC RESOLUTION NO. 2015-11 5)All landscaped areas, including street boulevards, shall include approved irrigation systems to facilitate site maintenance. 6)Site Plan approval is exclusive of all signs scheduled to be installed on this site, including new wall (building) signs. New signs are subject to Chapter 34 of the City Code of Ordinances and shall be approved under separate sign permits. 7) Any major changes or modifications made to this Site and Building Plan can only be made by amendment to the approved Site and Building Plan as approved by the City. Developer must submit an as-built survey of the property, improvements and utility service lines and structures; and provide certified record drawings of all project plan sheets depicting any associated private and/or public improvements, revisions and adjustments prior to issuance of the certificate of occupancy. The as-built survey must verify that all property comers have been established and are in place at the completion of the project as determined and dire October 29, 2015 Date 4 ATTEST: Secrtãry The motion for the adoption of the foregoing resolution was duly seconded by member Tade; and upon vote being taken thereon, the following voted in favor thereof: Chair Christensen, Commissioners Koenig, Morgan, Sweeney, MacMillan, Tade, and Schoing and the following voted against the same: None; whereupon said resolution was declared duly passed and adopted. 8) Xi, f AI 1W TER Planning Commission Report Meeting Date: October 29, 2015 o Application Filed: 09/29/15 o Application Deemed Complete: 10105115 o Review Period (60-day) Deadline: 11/28/15 • Extended Review Period Deadline: N/A Application No. 2015-009 & 2015-010 Applicant: Buhl Investors / Crown Brawley LLC Location: 6330 Camden Avenue North Request: Planned Unit Development Amendment (No. 2) and Site and Building Plan INTRODUCTION Buhl Investors is requesting a Planned Unit Development (PUD) Amendment to the previously approved Regal Road (Regal Theatre) Development Addition PUD development plans. This 2'' amendment would allow the development of the Pad Site No. 2 under this Regal Road PUD. If the City adopts this PUD Amendment plan, it will provide an allowance to Buhl Investors (acting on behalf of the owners Crown Brawley, LLC) to develop this commercial pad site with a new 4-story, 80,000 sq. ft. commercial self-storage facility at this location. The amended development plans for this area will be considered under a separate Site and Building Plan applications, which will be presented along-side this PUD Amendment report. Applicants may combine development plan approval with the plan approval required by Zoning Code Section 35-230 by submitting all information required for both simultaneously. This matter is being presented as a public hearing item; and notices have been mailed to all surrounding property owners within 350-feet of the affected site. COMPREHENSIVE PLAN AND ZONING STANDARDS Land Use Plan. RB Retail Business Current Zoning. PUD/C2 (Planned Unit Development/Commerce) Surrounding Zoning: North: PUD/C2 (Planned Unit Development/Commerce) East: HWY 252 /1-694 corridor South: 1-694 corridor West: R-5 Multiple Family Residence Neighborhood: Firehouse Site Area. 1.62 acres Setback Standards: Building: Front Yard 35-ft.; Rear Yard 40-ft.; Side Yard (Interior) 10 ft.; and Corner Side-Yard = 25-ft. Parking: 15-ft. from any street right-of-way line App. No. 2015-009 & -010 PC 10/29/2015 Page 1 Conformity to: Land Use Plan: Yes Zoning Ord.: Yes - subject to PUD Amendment Subdivision Ord.: Yes Sign Ord.: Unknown or not under consideration at this time. Variance Needed for Request: No, but certain building setbacks and other allowances may be considered and granted subject to approval of the amendment to the Regal Road Development Plan PUD BACKGROUND The subject site is currently zoned PUD/C2 (Planned Unit Development/Com11e1'c The original Regal Road Development PUD plan was approved on July 27, 1998; and the new zoning for this area, from C2 (Commerce) to PUD/C2, was approved by Ordinance No. 98-10, adopted September 14, 1998. The 1998 PUD provides an approved development plan of three parcels. The main development plan included the 85,250 sq. ft., 20-screen movie theatre known today as the Regal Theatre. The other two parts of this development plan identified two future development pad sites (# 2 and #3) located to the north and south of the theatre development. Both pad sites were identified as future "restaurant uses" and were specifically precluded as a fast f o od/convenience food restaurant, gas station/convenience store, car wash, pawn shop or check cashing operation. As is evident today, the north parcel (615 - 66th Avenue) became the Checkers retail strip center. The south parcel has remained vacant since 1998. The resolution of approval from 1998 stated: "Future development of this area (Pad Site 42 and # 3) is subject to amendment to this [Regal Road Development] planned unit development." Shortly after this original PUD approval, the developers applied to the city for the first amendment to the PUD. This PUD amendment requested the option of providing a traditional open storm water pond for storm water treatment purposes, instead of the underground chamber system that was originally designed, presented and approved under the July 1998 PUD submittals. Since the watershed had not yet finalized the review of this underground chamber, the developers sought this option under a PUD Amendment, as this may have changed some of the planned lot boundary lines and possible building layouts. (Note: although the city officially accepted and adopted the first amendment on September 28, 1998, the local watershed eventually did approve the underground system, and the original PUD plan was left unaffected). PUP AMENDMENT ANALYSIS processed as part of the requirements stated under theThis 2"' Amendment is essentially being original 1998 PUD approvals. Because of the PUD/C2 zoning designation, the underlying C2 Zone is the prevailing zoning district, and all new development and uses must be compliant or consistent with the C2 development standards, including permitted and special uses. The only exceptions are those uses specifically precluded under the 1998 Regal Road Development PUD agreement (such as fast food/convenience food restaurant, gas s tation/convenience store, car wash, pawn shop or check cashing operation). App. No. 2015-009 & -010 PC 10/29/2015 Page 2 The Developer of this pad site (#3) is requesting a use that is not specifically identified under the C2 Zone uses. The C2 does however, allow permitted uses which may meet the following: "Other uses similar in nature to the aforementioned uses, as determined by the City Council. " If this use had suggested or offered any outdoor storage, or was presented as a standard, minimally improved; steel shed, multiple overhead or service doors on the outside perimeter of typical self- storage facilities commonly seen throughout the metro area, Planning Staff would not have supported such a development on this site (or recommended a PUD amendment to provide such a use). This interior only, high-end commercial self-storage facility appears to be a good fit for this available development parcel; and may serve as an attractive, new development in this high visible area of the community. The Developer is also requesting the PUD Amendment provide for certain reduced setback allowances for the new building along the front and rear yards of this site; and reduced parking numbers for the proposed commercial storage use. As indicated previously, the setbacks for the C2 uses are follows: Front Yard 35-ft. Rear Yard = 40-ft. Side Yard (Interior) = 10 ft. Corner Side-Yard = 25-ft. Parking: 15-ft. from any street right-of-way line The front edge of the new building is setback at 25-feet from this front lot area, which encroaches 10 feet into the 35-foot setback. The new building will be physically separated from the Regal Cinema building by over 155 feet. The building easily meets the 10-foot setbacks from all sides, and encroaches slightly by approx. 5-feet into the 40-foot rear setback at one location. All other setbacks, including the parking and drive-aisles all appear to meet setbacks. In some cases, Zoning Code requires commercial uses in Cl and C2 Districts to provide certain buffers such as opaque fences, berms, landscaping or a combination, from residential uses or zoning districts. The adjacent Melrose Gates Apartments is located in the R-5 Multiple Family Residence zone. The buffer requirements are only applicable when Cl/C2 developments abut an RI, R2 or R3 residential zoned district. Pursuant to City Zoning Code Section 35-355: PUD- Subd. 3. Development Standards. d. Parking provided for uses within ci PUD shall be consistent with the parking requirements contained in Section 35-704 of this ordinance unless the developer can demonstrate to the City's satisfaction that a lesser standard should be permitted on the grounds of the complementarity ofpeak parking demands by the uses within the PUD, The City may require execution of a restrictive covenant limiting future use of the property to those uses which will continue this parking complementarity or which are otherwise approved by the City Parking for this site is very limited, which is what the Developer wanted and is requesting as part App. No. 2015-009 & -010 PC 10/29/2015 Page 3 of this new PUD Amendment development. The development plans call for only 16 spaces, with the ability to install up to 36 total spaces (under a "proof of parking" designation) if needed. Since this use is not specifically identified under Zoning Code Sect. 35-700 - Off Street Parking Requirements other similar uses can be identified or used for such unnamed uses. The following are different calculations per Sect. 35-700: Commercial (Retail and Service Office) C. Retail stores/centers/financial institutions: 11 spaces for first 2,000 sf. GFA + 5.5 spaces for each additional 1,000 sf. GFA Calc.: First 2,000 sf. = 11 spaces 80,000— 2,000 78,000 sf. /1,000 Sf. = 78 x 5.5 = 429 + 11 = 440 spaces g. Office Buildings redSpaces c. A. 80 ,000 sf. .0005 G.F.A. + 190 (.0005) (80,000 sf) + 190 Calc: [.0005 x 80,000 = 401 + [190] = 230 80,000 / 230 = 348 spaces 3. Industry and Wholesale.1 space for every two employees (max shift) - OR - 1 space for each 800 square feet of GFA Calc: 80,000 / 800 = 100 spaces The Developer is requesting a significant reduction of parking for this use due to the expected low amount of individuals visiting or using this site. The Developer provided (by email- attached hereto) an estimation of how many visitors a similar or typical storage facility of this caliber receives per month, or average numbers per day. This estimate was based on the ratio of number of units vs, door openings (open and closed by visitors), and the estimated number of door opening for the facility in Minnesota was estimated at 166 door openings per month, which equates to 83 visitors per month, or 2. 5 persons per day. The City Engineer provided a response to this traffic/trip generation information, which is noted as follows: "2.5 x 2 = 5 vehicles per day + the minimal that is needed for staffing and deliveries and visitors per day. Seems this would be less than 20 trips per day. That should be good for documentation purposes. The trip generation from this site is insignificant by any means." In discussion with the Developer prior to these plan submittals, a concern was raised by city staff that should this use or site ever "turn over" to a different use, such as an office, retail store/outlet, or o ffice/warehouse facility, then the limited number of 16 (or 36) parking spaces would never be adequate or enough to su pport such a change or higher use. The Developer's architect team assured city staff that this particular building is designed and ideal for self-storage set-up only; and the thought of changing this over to higher commercial use would be unfeasible or too costly. App. No. 2015-009 & -010 PC 10/29/2015 Page 4 To maintain or support this assurance from the Developer, the City will require execution of a restrictive covenant limiting future use of the subject property to just this commercial self- storage use for now, which will allow this reduced parking arrangement to continue or be approved. Should this approved use increase or change over, the Developer/Owners of this site will need to make proper arrangements have all changes approved by the City. The Planning Commission must determine if this estimated number or visitors seems plausible or reasonable to be applied towards this use. If so, then the limited number of parking at 16 spaces may be adequate, which is a direct reflection of the limited (very low) numbers of visitors or users that will use or visit this storage facility on a daily basis. INITIAL FlUB FINDINGS & RECOMMENDATION Planning Staff is providing for the Planning Commission's consideration certain findings which may assist in supporting the recommendations to approve this PUD Amendment No. 2 as presented on the attached "Brooklyn Center Storage Development Plans" and as outlined in this report, which are noted as follows: a)The allowance of this non-specified conimercial use in this underlying C2 ('Connnerce) District will help promote and enhance the general welfare of this overall PUD, as it maintains and keeps the redevelopment of this site active and ongoing, and reflects a reasonable need or benefit to the PUD Site as requested by the Developer, b)The allowance of the reduced setbacks from the front and rear yards will not be detrimental to the adjacent use, nor pose any threats or danger to the general public, public safety personnel and vehicles, nor injurious to the use and enjoyment of other uses in this PUD; nor impedes the normal orderly development and proposed improvements of this overall PUD; c,) This development site and overall PUD site will have adequate measures in place to maintain and provide suitable access to the site. d)The development plans of this Brooklyn Center Storage facility appears to be a reasonable and effective means of adding additional commercial tax base to the community; and will be a good fit overall Regal Road Development Planned Unit Development project area, and is supported and approved by the Planning Commission. e)City will require execution of ci restrictive covenant limiting future use of the subject property to just this cominercicil self-storage use for now, which will allow this reduced parking arrangement to continue or be approved. Should this approved use increase or change over, the Developer/Owners of this site will need to make proper arrangements have all changes approved by the City. App. No. 2015-009 & -010 PC 10/29/2015 Page 5 Thr h17 fli irp (fl]f to 1 00-ft. wide by 200-ft. long. SITE & BUILDING (DEVELOPMENT) PLAN IMPROVEMENTh. Layout & Architecture The subject property consists of 1.62 acres. The proposal by Buhl Investors is to construct a new 4-story, 80,000 sf. (GFA) commercial storage facility at this location. The first floor of the new building contains 6 drive-up doors for storage. Near the main entrance you will notice the two larger drive-in bays. These bays will provide the opportunity for users to No. 2015009&010 PC 10/29/2015 Page 6 gain secured access inside the building, load/unload any materials or goods they desire, and exit out the same doors. The first floor interior of the building contains a small office and lobby area, with two restroom facilities and two separate elevators. The first and upper floors will contain different sizes and styles of interior storage units for customers to choose and rent, The Commission should note that the south line of this parcel is somewhat unusual, due in part to the current right-of-way line for 1-694. Aerial and site location photos indicate a small section of deteriorating, bituminous roadway and curb and gutter section was left along this south boundary line. According to MN DOT representatives, this roadway section within this MnDOT right-of- way is no longer needed, and the Developer was given the opportunity to acquire this excess section of MnDOT property if requested. At this time, the development is being presented without this additional (excess) right-of-way as part of this property. .1 The building's exteriors consists of concrete wall panels of varying forms and textures, along with metal wall panels of different types and finishes. The combination of the concrete panels and metal finished panels, with the larger glass panels, will provide nice architectural features that meet the Class I and Class II elements specified under the city's Architectural Standards established under the Shingle Creek Crossing PUD development and the Architectural Design and Land Use Guidelines with Active Living Principles, the policy adopted by the City in 2013. NINEI App. No. 2015-009 & -010 PC 10/29/2015 Page 7 From inside the building, the users will be able to gain access to their interior storage units by elevators or stairwells, which are secured and guarded 24-hours a day. Parking. & Access The parking is being installed along the westerly edge of the site. As noted previously, the self- storage site has identified only 16 new parking spaces on this lot. The possibility exists to increase this number to 36 if necessary, but staff is withholding any recommendations on the need or requirement of additional parking at this time. Based on the PUD analysis made earlier in this report, and based on the expected or assumed limits of visitors to this site, Staff believes the number of parking spaces for employees and visitors provided under this plan appears to be adequate. Staff had indicated to the Developer in pre-submittal meetings that there should be enough parking available in the adjacent lot of the Regal Cinema property. The properties and development sites created under this Regal Road PUD were granted shared parking and access rights if needed. Based on the level of service currently provided on the Regal Cinema lot, and the fact that a majority of the theatre parking area near this south edge and adjacent to this lot is largely unused, the opportunity for any additional parking (should it be needed) appears very much available. The Commission should consider whether or not a connecting walkway or access way should be provided between this lot and the theatre lot to the north. Access into this development is off the end of Camden Avenue cul-de-sac. Camden Avenue is a public roadway, and no other access is being offered or provided into the site. Once vehicles enter the site, they have the option of parking in the front parking lot area located on the west side of the building; or continuing down the access/ring road to the two drive-in doors located near the southwest corner of the facility. These doors allow vehicles or small trucks to pull inside the building, and provide a secured l oa ding/unloading area for the users. This 16-foot wide, one-way only driveway continues to the east and eventually rings around the outer perimeter of the building, where it eventually leads back to the main entry point off Camden Avenue. This ring-road/driveway will also serve as a means of providing suitable and safe access city emergency vehicles if needed. The finished grades and drainage grades for this this site appeal's to be minimal with little changes from the existing elevations to the after-development conditions. The development site plan and related plans included a separate grading and drainage plan for this site. On the fat' south side of the property, the Development will contain a shallow storm water filtration basin. This pond will serve as pre-treatment holding area of storm water-runoff on the south side of this site. A catch basin on the south side of the access/ring road will drain to this basin, where a 6-inch perforated pipe underneath the basin will divert excess water over to the new storm water sys tem to the west. Storm water will them be directed northward, where it eventually ties into and eventually leads to the underground storm chamber systems along the east edge of the Regal Theatre site. App. No. 2015-009 & -010 PC 10/29/2015 Page 8 The site currently has an existing catch basin on the north edge of the parcel, which may have been left over when the former building on this site was removed. The Developer intends to remove this catch basin, remove small section of pipe, and reinstall a new catch basin and tie-in to the existing storm system leading into this Regal Theatre site. Two additional catch basins are scheduled along the far westerly edge of the parking lot areas, which are tied into a new catch basin near the entrance form Camden Avenue. All of these systems are then tied into the northerly catch basin mentioned in the previous paragraph, where much of the site's storm water is directed northward into the existing storm systems inside the Regal Theatre property. Although not shown specifically on these plans, the storm water leaving this site is directed into the larger 24-inch line, which eventually feeds into the underground storm chamber system installed in 1998 on the east edge of the Regal Theatre lot. The development's water, gas, electrical and phone lines will be served from the west side the lot, which are tied into the existing facilities located in and under Camden Avenue right-of-way. All of these services and connections (storm water, sanitary, water, gas, electric, etc.) will all be reviewed and approved by the City Engineer and City Building Official prior to issuance of any building permits. All services will be properly inspected during construction; and certified upon completion of all construction. Landscaping The Applicant has submitted a landscape plan which appears to meet the City's Landscape Point System. The number of trees and plantings are based on the overall size of the building lot. The Developer was directed by city staff to utilize "Office/Industrial" use for calculating the landscaping points. The landscape plans reflect 93 points, which is just over the required 90 points needed for this sized site. The plan includes a nice variety and amount of maples, hackberry, and honey locust trees, and a limited number of black hill spruce trees. All trees and landscaped areas will be irrigated, + Lighting/Trash The site lighting plan calls for all new LED lights. The main parking areas will have three, 28-ft. light poles with LED light heads, and one 23-ft. light pole on the east side of the building to help light the ring road. The building is scheduled to receive a full complement of wall pack lights around the out perimeter of the building, which will help with site lighting and security of the site. The photometric plan that accompanied this plan illustrates that little if any illumination or lighting will over-spill the property lines or exceeds the approved levels per City Code. This lighting plan is deemed acceptable by the City. There does not appear to any outdoor trash enclosures. Plans call for all trash and recycling to be handled inside the building, with unloading from the exit/overhead door near the northwest corner of the building. App. No. 2015-009 & -010 PC 10/29/2015 Page 9 CITY ENGINEER REVIEWThe city engineers have provided preliminary review and comments regarding this new site plan, noted in the Engineer's Review Memorandum, dated October 22, 2015, and is referenced and included in this planning report. Some of these conditions may be applicable at time of future building permit review and approvals. RECOMMENDAIIQ. FOR PUD:Staff recommends the Planning Commission adopt the attached Resolution No. 2015-10, which comprehends the approval of Planning Application No. 2015-009, which is the 2'd Amendment to the Regal Road Development Planned Unit Development of 1998, subject to the following conditions and allowances: 1) Developer is allowed to develop this Pad Site No. 3, identified under the original Regal Road (Regal Theatre) Planned Unit Development of 1998, with a new 80,000 sf. commercial self-storage building. 2) Developer is granted a reduction to the amount of parking normally required on this ( commercial site, due to the acceptable limited nature of this self-storage use, and the lower levels of expected (estimated) vehicle traffic and trip generations to and from the subject site, as accepted by city staff. 3) City will require execution of a restrictive covenant limiting future use of the subject property to just this commercial self-storage use, which will allow the reduced parking arrangement to be approved for the subject site. Should this approved use increase or change over, the Developer/Owners of this site will need to make proper arrangements and must have all changes approved by the City. 4) The commercial development plan submitted for approval under Planning Application No. 2015-010 (pursuant to City Zoning Code Section 35-230), shall be in substantial compliance with the approved development plan. Substantial compliance shall mean that buildings, parking areas and roads are in essentially the same location as previously approved; the floor area of nonresidential areas has not been increased or decreased by more than 5 percent; no building has been increased in the number of floors; open space has not been decreased or altered from its original design or use, and lot coverage of any individual building has not been increased or decreased by more than 10 percent. 5) If within 12 months following approval by the City Council of the development plan, no building permits have been obtained or, if within 12 months after the issuance of building permits no construction has commenced on the area approved for the PUD area, the City Council reserves the right to recall or cancel this development plan proposed for the subject property. App. No. 2015009 & -010 PC 10/29/2015 Page 10 6)Any major amendment to the development plan may be approved by the City Council following the same notice and hearing procedures specified in this section. An amendment shall be considered major if it involves any change greater than that permitted by Subdivision Sd of this section. Changes which are determined by the City Council to be minor may be made if approved by the Planning Commission after such notice and hearing as may be deemed appropriate by the Planning Commission. 7)After approval of the development plan and the plan approval required by Section 35- 230, nothing shall be constructed on the site and no building permits shall be issued except in conformity with the approved plans. 8) Unless amended otherwise or under separate agreement, all existing provisions, standards and variations provided under the Regal Road Development Planned Unit Development of 1998, and any subsequent amendments, shall remain in effect. FOR SITE/DEVELOPMENT PLAN: Staff further recommends, subject to the acceptance and approval of the PUP Amendment noted herein, that the Planning Commission adopt separate Resolution No. 2015-11, which comprehends the approval of Planning Application No. 2015-010, the proposed new development plan of this PUP site with the new 4-story, 80,000 sf. commercial self-storage facility at this location, subject to the following conditions: 1)Developer agrees to comply with all conditions or provisions noted in the City Engineer's Review memo, dated October 22, 2015. 2)Final drainage and utility plans and specifications need to be received and approved by the City Engineer. 3)Final grading, drainage, utility and erosion control plans and any other site engineering elated issues are subject to review and approval by the City Engineer prior to the issuance of permits. A Storm water Pollution Prevention Plan (SWPPP) must be provided for review and approval. 4)The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 5)All landscaped areas, including street boulevards, shall include approved irrigation systems to facilitate site maintenance. 6)Site Plan approval is exclusive of all signs scheduled to be installed on this site, including new wall (building) signs. New signs are subject to Chapter 34 of the City Code of Ordinances and shall be approved under separate sign permits. 7) Any major changes or modifications made to this Site and Building Plan can only be made by amendment to the approved Site and Building Plan as approved by the City. App. No. 2015-009 & -010 PC 10/29/2015 Page 11 8) Developer must submit an as-built survey of the property, improvements and utility service lines and structures; and provide certified record drawings of all project plan sheets depicting any associated private and/or public improvements revisions and adjustments prior to issuance of the certificate of occupancy. The as-built survey must verify that all property corners have been established and are in place at the completion of the project as determined and directed by the City Engineer. Attachments • Planning Commission Res. No. 2015 -10 • Planning Commission Res. No. 2015-11 • City Engineer's review Memo (10/22/2015) • Brooklyn Center Storage Development Plans) dated 09/29/2015) App. No. 2015-009 & -010 PC 10/29/2015 Page 12 MEMORANDUM DATE: October 22, 2015 TO: Tim Benetti, Planning and Zoning Specialist FROM: Andrew Hogg, Assistant City Engineer SUBJECT: Site Plan Review - Brooklyn Center Storage Public Works staff reviewed the following documents submitted for site plan review on October 1, 2015, for the proposed Brooklyn Center Storage: Civil Site Plans — Dated 9/29/2015 Subject to final staff Site Plan approval, the referenced plans must be revised in accordance with the following comments/revisions and approved prior to issuance of Land Alteration permit: Site Plan & Utility Plan 1.Label accessible ramps. Grading Plan. Drainage and Erosion Control Plan 2.Provide SWPPP. 3.Provide drainage calculations for the pond treating 1" abstraction from the site's impervious area. 4.Provide and list a SWPPP inspector/manager with contact information that must be available within 4 hour notification to respond to and implement SWPPP related corrective measures. If the applicant is found to be non-responsive, the City may issue a stop work order and/or take other means necessary to correct SWPPP related issues. 5.Provide quantities of erosion control BMP's. Detail and Specifications Plan 6.Provide detail sheet. 7.All work performed and materials used for construction of utilities must conform to the City of Brooklyn Center standard specifications and details. The City's standard details must be included in the plans. Landscape Plan 8.Provide irrigation plan. Brooklyn Center Self-Storage Page 2 of 3 Site Plan Review Memo, October 22, 2015 jjeIlafle0US 9.See attached plan sheet redlines for additional miscellaneous plan comments. 10. Upon project completion, the applicant must submit an as-built survey of the property, improvements and utility service lines and structures; and provide certified record drawings of all project plan sheets depicting any associated private and/or public improvements, revisions and adjustments prior to issuance of the certificate of occupancy. The as-built survey must also verify that all property corners have been established and are in place at the completion of the project as determined and directed by the City Engineer. 11. Inspection for the private site improvements must be performed by the developer's design/project engineer. Upon project completion the d es i gn/project engineer must formally certify through a letter that the project was built in conformance with the approved plans and under the design/project engineer's immediate and direct supervision The design/project engineer must be certified in the State of Minnesota and must certify all required as-built drawings (which are separate from the as-built survey). 12.The total disturbed area exceeds one acre; anNPDES permit is required. 13.Applicant must apply for a land disturbance permit. 14. A utility facilities easement agreement is required that will provide the City perpetual accessibility to all private utilities and storm drainage areas to inspect and enforce proper utility service and maintenance for the entire site. This easement agreement also includes private inspection, maintenance and reporting responsibilities and must be executed prior to issuance of building and land alteration permits. 16.A drainage and utility easement enc ompassing all storm water treatment facilities must be dedicated on the plat. 17. The City has submitted the plans to Mn/DOT for review. Applicant must meet requirements from the Mn/DOT review. 18. Provide vehicle turning movement diagrams for expected delivery and garbage truck location and routes Prior to issuance of a Land AlteiatiOli 19. Final construction/dernolition plans and specifications need to be received and approved by the City Engineer in form and format as determined by the City. The final plan must comply with the approved preliminary plan and/or as amended as required by the City Engineer. 20. A letter of credit or a cash escrow in the amount of 100% of the estimated cost as determined by City staff must be provided to the City. / \flg i neer i flg\DeVel0Pnt & Planning\ACTWE Development Projects\BrooklYn Center Mini- Storage\Plan Reviews & Plan Review Memo.doCApplicationSW1eli'Y Plan Reviews\I 51022_ Brooklyn Center Self-Storage Page 3 of 3 Site Plan Review Memo, October 22, 2015 21.A Construction Management Plan and Agreement is required that addresses general construction activities and management provisions, traffic control provisions, emergency management provisions, storm water pollution prevention plan provisions, tree protection provisions, general public welfare and safety provisions, definition of responsibility provisions, temporary parking provisions, overall site condition provisions and non-compliance provisions. A separate $2,500 deposit will be required as part of the non-compliance provision. Aiztiçipated Permi/fln 22.A City of Brooklyn Center land disturbance permit is required. 23.A MPCA NPDES permit is required. 24.Other permits not listed may be required and is the responsibility of the developer to obtain and warrant. 25.Copies of all required permits must be provided to the City prior to issuance of applicable building and land disturbance permits. 26.A preconstruction conference must be scheduled and held with City staff and other entities designated by the City. The aforementioned comments are provided based on the information submitted by the applicant at the time of this review. Other guarantees and site development conditions may be further prescribed throughout the project as warranted and determined by the City. 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I-U) IQ cI ) LLJ I x— X / 9 MIT 'Spa!11MV aduspuuj , if spossy 2p 0IlIj3IOOUfl IUUOflUN]OtU O9 lilL !--- jtJE sill !: !: >- LIJ I çJ _______I!I________ (OV) A S ) Im ILLJ ozo mo Planning Application No. 2015-009 & 2015-010 City Council Meeting - November 9, 2015 Agenda Item No. 9.a Buhl Investors (Crown Brawley, LLC - owners) requesting Planned Unit Development (PUD) Amendment to the Regal Road Addition (Regal Theatre) PUD of 1998. Amendment allows development of Pad Site # 3 under original PUD, with new 4-story, 80,000 sq. ft. commercial self-storage facility City Code allows Applicants to combine development plan approval with the PUD plan approval as per Zoning Code Section 35-230 (submitting both) Regal Road PUD approved July 27, 1998; with new zoning of PUD/C2 (Ord. No. 98-10) 1998 PUD approved development plan for three parcels main development - 85,250 sq. ft., 20-screen Regal Theatre. two development pad sites (# 2 and #3) located to the north/south theatre Pad sites initially targeted for future “restaurant uses”. North parcel (615 – 66th Avenue) is current Checkers retail strip center; South parcel has remained vacant since 1998. 1998 PUD approvals stated: “Future development of Pad Site #2 and # 3 subject to amendment to the planned unit development.” September 28, 1998 - First PUD amendment approved an option (to developer) of providing open storm water pond for on-site treatment purposes, instead of underground chamber system originally presented under July 1998 PUD approvals. Watershed eventually approved the original underground storm chamber system; and original PUD plan was left unaffected. Open Pond Underground Storm Water Chamber System Regal Cinema Subject Site •Site: 1.62 acres •Bldg: 100’ x 200’ (footprint) Note southerly boundary/ROW line •Remnant service/access road within MnDOT R-O-W area •MnDOT indicated willingness to transfer excess land to Owners if requested Front Yd. = 35-ft. Rear Yd. = 40-ft. Side Yd. (Interior) = 10 ft. Corner SY = 25-ft. Parking: 15-ft. from ROW line •Front building setback approx. 20-22 feet from Front Yd.; encroaches approx. 10 –ft. into 35-ft. setback. •Building physically separated from the Regal Cinema building by over 155 feet. •Slight encroachment of 5-ft. on south edge Landscape Plan Lighting Plan “Green Branding Elements” for future owners/operators •16 parking stalls provided (blue shade) •20 “addl.” stalls under proof of parking •36 total spaces if needed Pursuant to City Zoning Code Section 35-355; PUD- Subd. 3. Development Standards. d. Parking provided for uses within a PUD shall be consistent with the parking requirements contained in Section 35-704 of this ordinance unless the developer can demonstrate to the City's satisfaction that a lesser standard should be permitted on the grounds of the complementarity of peak parking demands by the uses within the PUD. The City may require execution of a restrictive covenant limiting future use of the property to those uses which will continue this parking complementarity, or which are otherwise approved by the City. Parking very limited for the site, which is what Developer requested under PUD Amendment process. Development plans call for only 16 spaces, with the ability to install up to 36 total spaces (under a “proof of parking” designation) Since use is not specifically identified under Zoning Code Sect. 35-700 – Parking Requirements - other similar uses can be identified or used for such unnamed uses. 2.Commercial (Retail and Service Office) c. Retail stores/centers/financial institutions: Calculated: 440 spaces g. Office Buildings Calculated : 348 spaces 3. Industry and Wholesale. Calculated: 100 spaces Developer provided estimate of visitors similar storage facilities receive per month, or avg. per day; Estimate: 83 visitors/month – OR 2. 5 persons/day City Engineer’s response: “The trip generation from this site is insignificant by any means.” Staff voiced concerns if site “turned-over ” to a different use (e.g. office, retail store, or office/warehouse facility) - the 16 - 36 spaces would not be adequate. Developer’s response: building is custom designed and ideal for self-storage only; changing over to different commercial use probably unfeasible/too costly; and PUD Amendment would be required . Planning Commission determined limited amount of parking for this use would be adequate; and did not have any concerns or added conditions of approvals. October 29th - Planning Commission conducted a public hearing on the PUD Amendment and Development/Site Plan; no comments/objections received. PC determined the findings for approving a PUD Amendment were met under the new plan; the development/site plan is consistent with the intent of the original PUD; and plan is considered a proper and approved use for the PUD. PC adopted Resolution No. 2015-10, recommending approval of the 2nd Amendment to the Regal Road Development PUD, with certain conditions and allowances; AND Resolution No. 2015-11, recommending approval of the proposed PUD Site Plan of subject site with new 4-story, 80,000 sf. commercial self-storage facility, with conditions. Adopt the Resolution Regarding the Disposition of Planning Commission Application No. 2015 -009 and 2015-010, Submitted by Buhl Investors, Requesting Approval of a Planned Unit Development Amendment (No. 2) to the Regal Road Development Addition Planned Unit Development of 1998, along with Approval of Site and Building (Development) Plan of Proposed Brooklyn Center Commercial Storage Building (Located at 6330 Camden Avenue North). (note: this is a combined resolution for both applications) QUESTIONS? City Council Agenda Item No. 9b COUNCIL ITEM MEMORANDUM DATE: November 9, 2015 TO: Curt Boganey, City Manager FROM: Tim Benetti, Planning and Zoning Specialist 8^ THROUGH: Gary Eitel, Director of Business and Development SUBJECT: Resolution Regarding the Disposition of Planning Commission Application No. 2015-011, Submitted by Gatlin Development Company, Requesting Approval of a Planned Unit Development Amendment (No. 7) to the 2011 Shingle Creek Crossing Planned Unit Development (Located at 2510 County Rd. 10). Recommendation: Recommended the City Council adopt the resolution regarding the disposition of Planning Commission Application No. 2015-011, submitted by Gatlin Development Company, requesting approval of a Planned Unit Development Amendment (No. 7) to the 2011 Shingle Creek Crossing Planned Unit Development, located at 2510 County Rd. 10. Background: On May 29, 2014, the City Planning Commission reviewed Planning Application No. 2015-011, submitted by Gatlin Development Company, requesting approval of a Planned Unit Development Amendment (No. 7) to the 2011 Shingle Creek Crossing Planned Unit Development. This amendment provides for the approval to subdivide the for m er Kohl's store property and create a new subdivision plat for two new lots, and allows the development of one of these lots with a new 9,400 sq. ft. multi-tenant commercial building. At the October 29th meeting, the Planning Commission reviewed this PUD item under a duly noticed public hearing, with no comments or objections received from the general public. A tt ached for review is Planning Commission Resolution No. 2015-12, in which the Planning Commission provides a favorable (and unanimous) recommendation of approval to the City Council regarding this proposed PUD Amendment. Excer p ts minutes draft from the October 29th Planning Commission meeting as related to this item are attached for the Council's review. Budget Issues: There are no budget issues to consider. Strategic Priorities Targeted Redevelopment Mission: Ensuring all attractive, clean, safe, inclusive coininulilti' that enhances the quality of life for all people (uldpreserl'es the public trust adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2015-011 SUBMITTED BY GATL1N DEVELOPMENT COMPANY FOR A PLANNED UNIT DEVELOPMENT AMENDMENT (No. 7) TO THE 2011 SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT (LOCATED AT 2510 COUNTY RD. 10) WHEREAS, the City Council of Brooklyn Center adopted Resolution No, 2011-85, dated June 13, 2011, which approved the establishment of the Shingle Creek Crossing Planned Unit Development, along with its Site Development and Master Plan, with certain allowances and development standards that would govern over the PUD; and WHEREAS, the City Council subsequently adopted City Resolution No. 2011-127, dated September 12, 2011, which approved the first amendment to the original Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, the City Council subsequently adopted City Resolution No. 2012-106, dated August 13, 2012, which approved the second amendment to the Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, the City Council subsequently adopted City Resolution No. 2012-129, dated September 24, 2012, which approved the third amendment to the Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, the City Council subsequently adopted City Resolution No. 2013-124, dated October 14, 2013, which approved the fourth amendment to the Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, the City Council subsequently adopted City Resolution No. 2013-72, dated July 8, 2013, which approved the fifth amendment to the Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, the City Council subsequently adopted City Resolution No. 2014-75, dated June 9, 2014, which approved the sixth amendment to the Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and RESOLUTION NO. 2015- WHEREAS, Gatlin Development Company submitted Planning Application No. 2015-011, which is considered the seventh amendment to the Shingle Creek Crossing Planned Unit Development, by allowing certain changes to the approved 2011 Shingle Creek Crossing Planned Unit Development; and WHEREAS, the proposal comprehends additional adjustments not approved under the original 2011 Shingle Creek Crossing Planned Unit Development and the related 2011 PUD nts to be comprehended under this applicationAgreement, specifically the proposed amendme include an updated site and development plan that provides for the subdivision or platting of the former Kohl's store property (located at 2510 County Road 10) into two separate lots, and includes the planned development of a new multi-tenant commercial building in one of these two lots; and allows for certain setback allowances for the new building; and WHEREAS, the Planning Commission held a duly called public hearing on October 29, 2015, whereby a staff report and public testimony regarding the Planned Unit Development Amendment were received and considered by the Planning Commission; and the Planning Commission gave proper consideration of this Planned Unit Development Amendment request by utilizing the guidelines for evaluating such amendments as contained in Section 35- 355 of the City's Zoning Ordinance and the City's Comprehensive Plan; and WHEREAS; in light of all testimony received, the Planning Advisory Commission of the City of Brooklyn Center did determine that Planning Application No. 2015- 011, submitted by Gatlin Development Company, may be approved based upon the following considerations: a)The additional buildable lot and maintaining the existing development site of the former Kohl's site will promote and enhance the general public welfare of this PUD, as it maintains and keeps the redevelopment activity of this site intact and ongoing; b)The additional lot and building site reflects a current need or benefit to the overall Shingle Creek Crossing PUD Plan as requested by the Developer, C) The additional lot and future building site, along with the acknowledgement by the City that both lots will meet the required parking standards established by the Shingle Creek Crossing PUD Agreement, will not be detrimental or pose any threat or danger to the public. d)The additional lot and future building site will not be injurious to the use and enjoyment of other uses in this Shingle Creek Crossing PUD; e)The additional lot and future building site will not impede the normal RESOLUTION NO. 2015- orderly development and proposed improvements of this Shingle Creek Crossing PUD; and f)Even with the additional lot and future building site, the overall Shingle Creek Crossing PUD site will have adequate measures in place to maintain and provide suitable access and parking to the site. g)The proposed layout of all new development lots and all new buildings, including reduced setbacks and any other related flexibility or reductions identified on said Shingle Creek Crossing Master Plan —September 2015, are hereby acceptable and approved. WHEREAS, the Planning Advisory Commission of the City of Brooklyn Center did determine that the guidelines for evaluating Planned Unit Development Amendment, as contained in Section 35-355 of the City's Zoning Ordinance, have been met, and the proposal is therefore, in the best interest of the community; and WHEREAS, the Planning Advisory Commission for the City of Brooklyn Center, Minnesota, determined that Planning Application No. 2015-011, submitted by Gatlin Development Company requesting approval of a seventh amendment to the Shingle Creek Crossing Planned Unit Development, may be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Brooklyn Center, Minnesota, that Planning Application No. 2015-011, submitted by Gatlin Development Company requesting approval of a seventh amendment to the Shingle Creek Crossing Planned Unit Development, is hereby approved subject to the following conditions: Developer is allowed to amend the 2011 Shingle Creek Crossing Planned Unit Development by replatting the former Kohl's site, located at 2501 County Road 10, into the proposed Shingle Creek Crossing 6th Addition, which will create two separate lots for the former Kohl's building site and proposed Building X pad site. 2.No other allowances as illustrated or indicated on the submitted "Shingle Creek Crossing Master Plan - September 2015 (and recognized as the Shingle Creek Crossing Planned Unit Development Amendment No. 7) shall be comprehended or permitted under this specific approval. 3.Developer shall revise the site plan to eliminate the need for the rear service doors to swing-out or open directly onto the rear walkway area. 4. Developer must obtain a building permit and adhere to all requirements RESOLUTION NO. 2015- prior to beginning any removals, demolition, land disturbance work, or new construction of parking, utilities or buildings. Unless amended otherwise or under separate agreement, all existing provisions, standards and variations provided under the 2011 Shingle Creek Crossing PUD and subsequent amendments, shall remain in effect for the entire Shingle Creek Crossing Planned Unit Development Any future PUD amendments or application requests will require the submittal and adoption (acceptance) of an updated master plan, which plan shall govern the planned and future redevelopment areas of this site. November 9, 2015 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Excerpt - MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OCTOBER 29, 2015 6c) APPLICATION NO. 2015-011; GATLIN DEVELOPMENT COMPANY; CONSIDERATION OF AMENDMENT NO. 7 TO THE SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT, TO ALLOW THE SUBDIVISION OF THE FORMER KOHL'S STORE PROPERTY INTO TWO SEPARATE LOTS, AND THE PLANNED DEVELOPMENT OF A NEW MULTI-TENANT COMMERCIAL BUILDING FOR ONE OF THE LOTS; AND ALLOWANCE OF CERTAIN SETBACK STANDARDS; (2510 COUNTY ROAD 10) Chair Christensen introduced Application No. 2015-011, consideration of Amendment No. 7 to the Shingle Creek Crossing Planned Unit Development, to allow the subdivision of the former Kohl's Store property into two separate lots, and the planned development of a new multi-tenant commercial building for one of the lots; and allowance of certain setback standards, located at 2510 County Road 10. (See Planning Commission Reports dated October 29, 2015 for Appiicc'tion No. 2015-011.) Mr. Benetti introduced the item; provided background; the PUD analysis that included the required parking spaces; an aerial map; site setbacks; movement of the building to accommodate the back doors on the building; the proposed master plan dated September 2015; and the PUD plan and findings. It was noted that legal notice was published in the local Sun-Post and notice letters were delivered to all neighboring properties within 350 feet of the subject site. No response was received. Mr. Benetti stated Planning Staff recommends the Planning Commission provide a recommendation to the City Council to approve Planning Application No. 2015-011, consideration of Amendment No. 7 to the Shingle Creek Crossing Planned Unit Development, to allow the subdivision of the former Kohl's Store property into two separate lots, and the planned development of a new multi-tenant commercial building for one of the lots; and allowance of certain setback standards, with the conditions noted in the Planning Staff report and also similar in the Resolution. OPEN TO PUBLIC COMMENTS —APPLICATION NO. 2015-011 Chair Christensen recognized residents in the audience who wished to speak on this matter. There was a motion by Commissioner Tade, seconded by Commissioner Sweeney, to open the public hearing on Application No. 2015-011, at 7:58 p.m. The motion passed unanimously. Chair Christensen called for comments from the public. There were no individuals in attendance and no comments received at that time, MOTION TO CLOSE PUBLIC COMMENTS (HEARING) PC Minutes 10-29-15 -7- DRAFT Excerpt - MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OCTOBER 29, 2015 There was a motion by Commissioner Tade, seconded by Commissioner MacMillan, to close the public hearing on No. 2015-011. The motion passed unanimously. Chair Christensen called for questions and comments from Commissioners. Chair Christensen talked about the setback, the City's Active Living initiative and the bike traffic that may be generated from a project site north of this site. He was concerned about the path bike traffic would take through the site and wants to make sure there are adequate biking/pedestrian accommodations. Mr. Benetti stated that planning staff is also concerned about this and that the engineering consultants and the lead project engineer have said the building could be shifted over with no problem. Chair Christensen stated he would like to see that as a recommendation. Mr. Benetti agreed to make the recommendation. Commissioner Schonning stated that this is the developer's property and they can do what they want within reason, but he doesn't like the building and its location on the site and its proximity to the creek. He stated that there was a lot of money spent on the creek. He also stated that he wants to see the development move forward and doesn't want to impede it. Chair Christensen stated that he appreciates Commissioner Schonning'S concerns with regard to the look of the site. He stated that the City has expectations on how the buildings are supposed to look front and back and he has commented in the past that some of the buildings near County Road 10 looked closed because the backside tends to be storage and it doesn't lend itself to being inviting when coming in from County Road 10. He shares the concern and knows that commuters will be looking at it entering Hwy 100 and he wants to make sure that something is there that invites people to come into Shingle Creek Crossing, Commissioner Morgan stated that he thinks that the developer has the tools to bring people in and they will do everything possible to make it inviting. If they succeed, the City will succeed by having a prosperous development. Chair Christensen stated that he hopes this is the case and that it is important to express the Commissioner's opinions and encourage and recommend what it can so that the City Council understands the Commission's concerns. Mr. Eitel stated that some of these concerns are site plan concerns and Commissioners will have more information when they see the site plan. He stated that it is the anchor in the new Kohl's building that will drive commercial businesses that want a front. He stated that it is too close to the road and it will be moved back and the meters do have to be addressed and he stated that the sidewalk is a service walkway where the garbage will go out to. PC Minutes 8 DRAFT 10-29-15 - - Excerpt - MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OCTOBER 29, 2015 Chair Christensen stated that people will take the shortest route to get to the bridge going over Hwy. 100 or to the regional trail and that will be down the service road/sidewalk and he is concerned about bikers and pedestrians. He asked that this issue be addressed. Chair Christensen called for a motion with a recommendation to move the building and pay attention to potential bike traffic. Discussion took place regarding changing the wording of the following condition to read "shall" instead of "should": "Developer should revise the site plan to eliminate the need for the rear service doors to swing-out or open directly onto this walkway area." Mr. Benetti stated that the developer has agreed to this and a plan can be brought back to the Commission for review. Planning Staff feels that the PUD amendment can still be approved with the understanding that items will be revised and modified later on. Chair Christensen stated his wish to softly encourage the developer to see what can be done to encourage bike traffic. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2015-12 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2015-011 SUBMITTED BY GATLIN DEVELOPMENT COMPANY FOR CONSIDERATION OF AMENDMENT NO. 7 TO THE SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT, TO ALLOW THE SUBDIVISION OF THE FORMER KOHL'S STORE PROPERTY INTO TWO SEPARATE LOTS, AND THE PLANNED DEVELOPMENT OF A NEW MULTI-TENANT COMMERCIAL BUILDING FOR ONE OF THE LOTS: AND ALLOWANCE OF CERTAIN SETBACK STANDARDS: (2510 COUNTY ROAD 10) There was a motion by Commissioner Morgan, seconded by Commissioner Sweeney, to approve Planning Commission Resolution No. 2015-12 with a recommendation to change the word "should" to "shall" under the following condition: "Developer should revise the site p1cm to eliminate the need for the rear service doors to swing-out or open directly onto this walkii'ay area." Voting in favor: Chair Christensen, Commissioners Koenig, MacMillan, Morgan, Schonning, Sweeney, and Tade. And the following voted against the same: None The motion passed unanimously. The Council will consider the application at its November 9, 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 10-29-15 -9- DRAFT 'ILLT Commissioner Morgan introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 2015-12 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2015-011 SUBMITTED BY GATLIN DEVELOPMENT COMPANY FOR A PLANNED UNIT DEVELOPMENT AMENDMENT (No. 7) TO THE 2011 SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT (LOCATED AT 2510 COUNTY RD. 10) WHEREAS, the City Council of Brooklyn Center adopted Resolution No. 2011-85, dated June 13, 2011, which is considered the first amendment to the previously approved 1999 Brookdale Mall Planned Unit Development, whereby this amendment approved the establishment of the new Shingle Creek Crossing Planned Unit Development, and which included an approved Development/Master Plan and certain allowances and development standards that would govern over the PUD; and WHEREAS, the City Council subsequently adopted City Resolution No. 2011-127, dated September 12, 2011, which approved the first amendment to the original Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, the City Council subsequently adopted City Resolution No. 2012-106, dated August 13, 2012, which approved the second amendment to the Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, the City Council subsequently adopted City Resolution No. 2012-129, dated September 24, 2012, which approved the third amendment to the Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, the City Council subsequently adopted City Resolution No. 2013-124, dated October 14, 2013, which approved the fourth amendment to the Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, the City Council subsequently adopted City Resolution No. 2013-72, dated July 8, 2013, which approved the fifth amendment to the Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, the City Council subsequently adopted City Resolution No. 2014-75, dated June 9, 2014, which approved the sixth amendment to the Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided PC RESOLUTION NO. 201542 additional allowances and development standards; and WHEREAS, Gatlin Development Company submitted Planning Application No. 2015011, which is considered the seventh amendment to the Shingle Creek Crossing Planned Unit Development, by allowing certain changes to the approved 2011 Shingle Creek Crossing Planned Unit Development; and WHEREAS, the proposal comprehends additional adjustments not approved under the 2011 Shingle Creek Crossing Planned Unit Development and the related 2011 PUD Agreement, specifically the proposed amendments to be comprehended under this application include an updated PUD plan that provides for the subdivision or platting of the former Kohl's store property (located at 2510 County Road 10) into two separate lots, and includes the planned development of a new multi-tenant commercial building in one of these two lots; and allows for certain setback allowances for the new building; and WHEREAS, the Planning Commission held a duly called public hearing on October 29, 2015, whereby a staff report and public testimony regarding the Planned Unit Development Amendment were received and considered by the Planning Commission; and the Planning Commission gave proper consideration of this Planned Unit Development Amendment request by utilizing the guidelines for evaluating such amendments as contained in Section 35355 of the City's Zoning Ordinance and the City's Comprehensive Plan; and WHEREAS; in light of all testimony received, the Planning Advisory Commission of the City of Brooklyn Center did determine that Planning Application No. 2015- 011, submitted by Gatlin Development Company, may be approved based upon the following considerations: a)The additional buildable lot and maintaining the existing development site of the former Kohl's site will promote and enhance the general public welfare of this PUD, as it maintains and keeps the redevelopment activity of this site intact and ongoing; b)The additional lot and building site reflects a current need or benefit to the overall Shingle Creek Crossing PUD Plan as requested by the Developer, C) The additional lot and future building site, along with the acknowledgement by the City that both lots will meet the required parking standards established by the Shingle Creek Crossing PUD Agreement, will not be detrimental or pose any threat or danger to the public. d) The additional lot and future building site will not be injurious to the use and enjoyment of other uses in this Shingle Creek Crossing PUD; PC RESOLUTION NO. 2015-12 e) The additional lot and future building site will not impede the normal orderly development and proposed improvements of this Shingle Creek Crossing PUD; and Even with the additional lot and future building site, the overall Shingle Creek Crossing PUD site will have adequate measures in place to maintain and provide suitable access and parking to the site. g) The proposed layout of all new development lots and all new buildings, including reduced setbacks and any other related flexibility or reductions identified on said Shingle Creek Crossing Master Plan —September 2015, are hereby acceptable and approved. AND WHEREAS, the Planning Advisory Commission of the City of Brooklyn Center did detennine that the guidelines for evaluating Planned Unit Development Amendment, as contained in Section 35355 of the City's Zoning Ordinance, have been met, and the proposal is therefore, in the best interest of the community. NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission for the City of Brooklyn Center, Minnesota, that Planning Application No. 2015-011 submitted by Gatlin Development Company, requesting approval of a seventh amendment to the Shingle Creek Crossing Planned Unit Development, may be approved subject to the following conditions: Developer is allowed to amend the 2011 Shingle Creek Crossing Planned Unit Development by replatting the former Kohl's site, located at 2501 County Road 10, into the proposed Shingle Creek Crossing 6th Addition, which will create two separate lots for the former Kohl's building site and proposed Building X pad site. 2.No other allowances as illustrated or indicated on the submitted "Shingle Creek Crossing Master Plan - September 2015 (and recognized as the Shingle Creek Crossing Planned Unit Development Amendment No. 7) shall be comprehended or permitted under this specific approval. 3.Developer shall revise the site plan to eliminate the need for the rear service doors to swing-out or open directly onto the rear walkway area. 4. Developer must obtain a building permit and adhere to all requirements prior to beginning any removals, demolition, land disturbance work, or new construction of parking, utilities or buildings. PC RESOLUTION NO. 201542 5.Unless amended otherwise or under separate agreement, all existing provisions, standards and variations provided under the 2011 Shingle Creek Crossing PUD and subsequent amendments, shall remain in effect for the entire Shingle Creek Crossing Planned Unit Development. 6.Any future PUD amendments or application requests will require the submittal and adoption (acceptance) of an updated master plan, which plan shall govern the planned and future redevelopment areas of this site. 'o 2015-October Date Chair ATTEST: Secretary The motion for the adoption of the foregoing resolution was duly seconded by member Sweeney and upon vote being taken thereon, the following voted in favor thereof: Chair Christensen, Commissioners Koenig, Tade, Schonning, MacMillan, Sweeney, and Morgan; and the following voted against the same: None; whereupon said resolution was declared duly passed and adopted. PWXOKL )W VTER Planning Commission Report Meeting Date: October 29, 2015 • Application Filed: 09/29/15 • Application Deemed Complete: 10/05/15 • Review Period (60-day) Deadline: 11/28/15 • Extended Review Period Deadline: N/A Application No, 2015-011 Applicant: Gatlin Development Company Location: Shingle Creek Crossing PUD Project Site Request: Planned Unit Development - Amendment No. 7 INTRODUCTION Gatlin Development Company is requesting its seventh planned unit development to the previously approved Shingle Creek Crossing PUD redevelopment plans. This updated PUD plan provides for the subdivision or platting of the former Kohl's Store property into two separate lots, and includes the planned development of a new multi-tenant commercial building in one of these two lots. This matter is being presented as a public hearing item; and notices have been mailed to all surrounding property owners within 350feet of the affected site. The Site and Building Plan application for this new Building X and the proposed Preliminary Plat of Shingle Creek Crossing 6th Addition are presented under separate applications and public hearing processes. BACKGROUND The original Shingle Creek Crossing PUD was approved on May 23, 2011 (which is considered the 1st Amendment to the original Brookdale Mall Planned Unit Development of 1999) and provided for the overall redevelopment of the Brookdale Mall properties. This mall originally consisted of over 1.1 million square feet of retail space, which was reduced by the demolition of approximately 760,000 sf. of old mall space, followed by the planned renovation of approximately 123,242 sf. of the Food Court mall located next to the Sears store; the development of approximately 402,489 sf. of new retail commercial and restaurant uses; and approval of the Single Creek day lighting features. PUD Amendment No.2 was approved a short time later on September 12, 2011, which provided for the physical separation of the food court building from the Sears store; the renovation/conversion of the Food Court's "common area" into additional retail space, whereby the net leasable retail area was increased from 123,242 sq. ft. to 150,591 sq. ft.; the removal of planned Building N between Sears and Wal-Mart; and the addition of a new 6,000 sf commercial pad site located at the southeast corner of Xerxes A venue /56th Avenue entrance. PUD Amendment No. 3, adopted September 24, 2012, provided for the replatting of certain lots and revisions to new certain building pad sites (Building D, Building Q, and Building 0 restaurant pad site). App. No. 2015-011 PC 10/29/15 Page 1 PUD Amendment No. 4, adopted October 14, 2013, approved the removal and replacement of the former Brookdale Mall Food Court and replacement plan with ten (10) new retail/service buildings. PUD Amendment No. 5 was related to various sign allowances granted throughout the Shingle Creek Crossing PUD. The previous PUD Amendment No. 6 was approved on June 9, 2014, and included the following changes: a) revised layout and sizes of Bldgs. 9 and 10 (former Brookdale Food Court replacement plans; b) new Buildings R a 5,400 sq. ft. restaurant pad site; c) new Building T a 5,500 sq. ft, restaurant pad site; d) revised size and layout of Bldg. B from 8,500 sq. ft. to 6,673 sq, ft.; and e) approval of preliminary/final plat of Shingle Creek Crossing 5th Addition. PUD AMENDMENT ANALYSIS Since the inception and approval of this Shingle Creek Crossing PUD (SCC-PUD), the Developer intended to keep and maintain the existing Kohl's department store as was originally designed. Although always part of the original SCC-PUD from 2011, this area and building have remained untouched or unaffected until this application. Since the closure of Kohl's in 2013, the Developer has actively sought new users or tenants to fill this 75,000 sq. ft, retail commercial space; but unfortunately, there have been only a handful interested parties seeking to lease or purchase this space. Due to recent and unforeseen water damage behind the building's façade. Gatlin is now undertaking corrective actions of repairing and replacing portions of the outer shell of this building. City/County records show the 75,000 sf. Kohl's building was constructed in 1987. At that time, the required number of parking stalls for a commercial/retail use was calculated at 11 spaces for the first 2,000 sf, of gross floor area (GFA); plus 5.5 spaces for each additional 1,000 sf. of area. Based on this standard, the Kohl's site would have required up to 413 spaces [CaIc.: 2,000 sf. @ 11 sp.; 73,000 sf./1,000 = 73 @ 5.5 = 402 spaces; 11 + 402 = 413 sp.] According to the recently adopted Single Creek Crossing PUD Plans, the Kohl's site contains 447 spaces, which is 34 spaces more than needed under the Zoning Ordinance standards (Sect. 35-700). However, since the Kohl's site is part of the Shingle Creek Crossing PUD, the PUD Agreement which governs this and the surrounding development sites, allows a reduced parking ratio for retail/commercial uses of 4.5 spaces per 1,000 sf. of GFA. In this case, the required spaces for the Kohl's site was reduced to 338 spaces, which reflects 109 additional spaces. As part of the proposed subdivision to create two new lots under this PUD Amendment, the former Kohl's site will now contain 342 spaces, while the new Building X parcel will consist of 51 spaces. As a result of this change to the PUD and re-allocation of parking on each parcel, both lots will meet (exceed) the required 4.5 spaces per 1,000 sf. thresholds. App. No. 2015-011 PC 10/29/15 Page 2 The new 9,400 sf, Building X will provide an opportunity to add complementary and adjacent commercial or retail uses (either individually or in multi-tenant uses) next to the larger and planned retail use inside the old Kohl's building; along with the city's EDA lot north of Building X lot, which has been targeted as either a future pharmacy or restaurant use. -MONUMENN EXISTING 4 M'. 7,5033f 0TING SHINGCE 1 \ \'. I '. EXIST NG DALIGHTED I SHIN LE CREEK — I a 'TRAIL CONNECTION / ai / ' TO EXISTING BRIDGE 1 4 L ,.a , The Master Plan - September 2015 as submitted by Gatlin does not indicate or specify any identifiable building setbacks from lot lines or roadway lines. Utilizing the scaled maps submitted by Gatlin under the proposed new Building X Site Plan application, staff approximated the new building setbacks as follows: 85.5-ft. from the northerly line; 62-ft. from the easterly line; 188-ft. from the southerly line; and 12.75-ft. from the westerly line. Development standards in the C2 (Commerce) District provides the following setbacks: Front Yard:35-ft. Rear Yard:40-ft. Side Yard:1 0-ft. Corner Side:25-ft. f-Ipp. lNaa. Li1 iin PC 10/29/15 Page 3 Under the original SCC-PUD Agreement of 2011, a select number of building pad sites were approved with reduced setbacks, due in part to the dedication of Twin Lake Regional Trail along Bass Lake Rd./Co, Road 10; and one building affected by the proposed Shingle Creek daylighting improvements. These setbacks are noted as follows: A. The setbacks from public right of ways to buildings are reduced from 35 feet to 20 feet for Lots 7, 8, 9, 12, & 13, Block 1 and 18 feet for Lot 11, Block 1 to offset the dedication of additional right of way for the Twin Lake Regional Trail, B, The setbacks from property lines for a side and rear yard setback are reduced from 10 feet to 6 feet for the east and south lot line of Lot 16, Block 1 and from 10 feet to 0 feet for the south lot line of Lot 3, Block 1, Normally, on the case of a "corner lot" such as this one, the narrow width or dimension that abuts a street/access road may be considered the "Front Yard" while the other (longer dimension) side that abuts the street can be considered the Corner Side Yard setback purposes. By holding this site to these regular C2 Zone setback standards, one could argue that the building does not meet the corner side yard setback of 25-feet. Conversely, some could argue that the true "front" of the building is the east elevation side (facing towards old Kohl's) - and that the rear setback of 12.75 feet is well under the 40-foot standard. ----- CD \\\\\ \\\ / V •, / • I....... Some of the Commissioners may recall when Building L was approved inside the Shingle Creek PUD in 2013, it had a similar situation where the back of the building was designed to sit right next to the rear sidewalk along the north/south access road. Staff had concerns with this App. No. 2U1-(JI1 PC 10/29/15 Page 4 sidewalk right up against the back of the building, especially with the rear service doors swinging or opening straight out onto the back sidewalk. Staff recommended the Developer move the building or shift the building farther into the lot to accommodate a small entry pad or landing in front of each door, which could then be tied into or connected directly on to the adjacent walkway. The Demolition Plans show the removal of the existing sidewalk this area, with plans to replace the walkway right up next to the new buildings. I_ City staff recommends the Developer either leave this walkway in place and simply build the new building in the limits of the current parking lot (as shown in the site photo above); or shift the easterly lot line slightly to the east; or shift the building away from the sidewalk and install new access pads or landings for each door entry. No 2015 011PC 10129/15Page 5 One of the paramount benefits of developing under a PUD is to allow or provide the developer some flexibility in design standards and development layouts, which in some cases includes building setbacks. This entire PUD, both existing and planned developed sites, reveals obvious allowances and flexibility to these setback standards. For all intents and purposes, when the City accepts or approves a master development plan or amendments thereto, (in this case - Shingle Creek Crossing Master Plan- September 2015), the planned layouts, along with assumed setbacks, are essentially approved under the PUD process, and can be extended to the new buildings comprehended under separate Site and Building Plans. To ensure that the city recognizes and acknowledges these reduced setbacks on this proposed building pad site, planning staff is requesting the Planning Commission discuss and provide a recommendation to allowing these reduced setbacks from the roadway. FINDINGS & RECOMMENDATION Similar to those findings Staff indicated and provided under previous considerations of Shingle Creek Crossing PUD Amendments, the addition of the new lot for Building X, along with the additional 9,400 sf. of retail/commercial space, can be supported based on the following findings: a)The additional buildable lot and maintaining the existing development site of the former Kohl's site will promote and enhance the general public welfare of this PUD, as it maintains and keeps the redevelopment activity of this site intact and ongoing, b)The additional lot and building site reflects a current need or benefit to the overall Shingle Creek Crossing PUD Plan as requested by the Developer, c)The additional lot and future building site, along with the acknowledgement by the City that both lots will meet the required Parking standards established by the Shingle Creek Crossing PUD Agreement, will not be detrimental or pose any threat or danger to the Public. d)The additional lot and future building site will not be injurious to the use and enjoyment of other uses in this Shingle Creek Crossing PUD; e) The additional lot and future building site will not impede the normal orderly development and proposed improvements of this Shingle Creek Crossing PUD; and j9 Even with the additional lot and future building site, the overall Shingle Creek Crossing PUD site will have adequate measures in place to maintain and provide suitable access and parking to the site. g) The proposed layout of all new development lots and all new buildings, including reduced setbacks and any other related flexibility or reductions identified on said Shingle Creek Crossing Master Plan —September 2015, are hereby acceptable and approved. Staff recommends the Planning Commission adopt the attached Resolution No. 2015-10, which comprehends the approval of Planning Application No. 2015-011, the Planned Unit App. No. 2(JD-UI1 PC 10/29/15 Page 6 Development (PUD) Amendment to allow a change to the original 2011 shingle Creek Crossing Planned Unit Development (and all subsequent amendments), subject to the following conditions and allowances: i. Developer is allowed to amend the 2011 Shingle Creek Crossing Planned Unit Development by replauiflg the former Kohl's site, located at 2501 county Road 10, into the proposed Shingle Creek Crossing 6th Addition, which will create two separate lots for the former Kohl's building site and proposed Building X pad site. 2. No other allowances as illustrated or indicated on the submitted "Shingle Creek Crossing Master Plan - September 2015 (and recognized as the Shingle Creek Crossing Planned Unit Development Amendment No 7) shall be c omprehended or permitted under this specific approval. 3. Developer should revise the site plan to eliminate the need for the rear service doors to swing-out or open directly onto this walkway area. 4. Developer must obtain a building permit and adhere to all requirements prior to beginning any removals, demolition, land disturbance work, or new construction ofn parking, utilities or buildings 5. Unless amended otherwise or under separate agreement, all existing provisions, standards and variations provided under the 2011 Shingle Creek Crossing PUD and subsequent amendments, shall remain in effect for the entire Shingle Creek Crossing Planned Unit Development 6. Any future PUD amendments or application requests will require the submittal andall govern the planned adoption (acceptance) of an updated master plan, which plan sh and future redevelopment areas of this site. Attachments o Planning Commission Res. No. 2015-12 P o Shingle Creek Crossing Master Plan (September 2015 Unit Development Plans (September 2015) o Shingle Creek Crossing Planned N,.. 2015-011 PC 10/29/15 Page 7 MEMORANDUM DATE: October 22, 2015 TO: Tim Benetti, Planning and Zoning Specialist FROM: Andrew Hogg, Assistant City Engineer SUBJECT: Public Works PUD Amendment No. 7, Site Plan and Preliminary Plat Review Memo - Shingle Creek Crossing - Building X Public Works staff has reviewed the 12 sheet set of plans entitled Shingle Creek Crossing PUD Amendment 7, Preliminary Plat Single Creek Crossing 6 th Addition, and Site Improvement Plans Building X which were prepared by Kimley-Horn and Associates, Inc.; dated September 29, 2015. PUD Amendment 7 applies only to Kohl's and Building X sites. The major effects of the proposed revisions as part of PUD Amendment 7 over the currently approved PUD Amendment No. 6 are as follows: o Subdivide Kohl's lot. o Added Building X and modified site layout. The following comments are offered relative to the above-referenced submittals. They are contingent upon preliminary and final plat approval, final site plans and land alteration/building permit submittals and approval. PUD Items Shingle Creek Crossing PUD Amendment 7: 1. Seethe following comments. Prelinminamy P1(11 Shingle Creek Crossing 6th Addition: 2, This preliminary plan review is being performed under the premise that the re-platting is being requested for the sole purpose of revising the property lines as depicted in the attached drawing. It is assumed that all prior approval elements pertaining to the applicable PUD and amendments, preliminary and final plats, plan reviews and building/land alteration permits are to remain consistent with those approvals and remained unchanged with the exception of the aforementioned property lines. Under this premise, the proposed property line revisions appear to pose no negative impacts to the development and are consistent with City requirements. The only known impacts of the revisions pertain to the shifting of parking designation ratios, which minimums are met. 3.All recommendations and requirements approved as part of previous actions pertaining to all prior PUD/PUD amendment approvals, Preliminary Plan approvals and Final Plat approvals relative to this development and/or portions thereof are withstanding and must be incorporated into the final plans. 4.The following comments are contingent upon final plat approval, final site plan and land alteration/building permit submittal and approval for PUD Amendment 7 of the Shingle Creek Crossing Development. 5. An updated certified abstract of title or registered property report must be provided to the City Engineer and City Attorney for review at the time of the preliminary plat application (within 30 days of preliminary plat application). Additionally, this will need to stay current and be updated through the approval process as required to maintain and be current within PUD Amendment No. 7 Plan Review —Shingle Creek Page 2 October 22, 2015 30 days of release of the final plat. 6.The applicant is responsible for coordinating site development plans with Xcel Energy, CenterPoint Energy, Qwest Communications and other private utility companies. Any further easements necessary to provide utility service to the proposed site development shall be dedicated to the public for public use with the final plat. 7.Upon project completion the applicant must submit an as-built survey of the property, improvements, and utility service lines and structures; and provide certified record drawings of all project plan sheets depicting any associated private and/or public improvements revisions and adjustments prior to issuance of the certificate of occupancy. The as-built survey must also verify that all property corners have been established and are in place at the completion of the project as determined and directed by the City Engineer. 8.Inspection for the private site improvements must be performed by the developer's design/project engineer. Upon project completion the design/project engineer must formally certify through a letter that the project was built in conformance with the approved plans and under the design/project engineer's immediate and direct supervision. The designer/project engineer must be certified in the State of Minnesota and must certify all required as-built drawings (which are separate from the as-built survey). 9.Rededicating and terminating certain easements are required as part of the required replaUing Formal vacation documents are required and must contain easement vacation descriptions and depiction exhibits signed by a professional surveyor. A separate application is required for the easement vacation actions. 10.No portion of building or appurtenant structures may encroach on the City drainage and utility easement. Site Improvement Plans - Building X: 11.See redline plan sheets for additional plan comments. 12.Plans must provide 1" abstraction from all impervious surface for the entire site (1.3 acres impervious area per plan sheet 6020) to meet Shingle Creek Watershed Commission rules. Update plans and stormwater narrative as necessary. Provide design calculations. 13.Existing stormwater facility must be able to be accessible and maintained. Suggested consideration should be given to replacing the existing facility. 14.Building X rear doors open directly on to sidewalk. Revise sidewalk to provide clear zone with safety factor. 15.A utility facilities easement agreement is required that will provide the City perpetual accessibility to all private utilities and storm drainage areas to inspect and enforce proper utility service and maintenance for the entire site. This easement agreement also includes private inspection, maintenance and reporting responsibilities and must be executed prior to issuance of building and land alteration permits. 16.A drainage and utility easement encompassing all storm water treatment facilities must be dedicated on the plat. General Items: 17.All work performed and in used for construction of utilities must conform to the City of Brooklyn Center's standard specifications and details. The City's standard details must be included in the plans. 18. The final plans must be certified by a licensed engineer in the State of Minnesota and forwarded to the City Engineer for approval. PUP Amendment No. 7 Plan Review —Shingle Creek Page 3 October 22, 2015 Agreements: 19.A Performance Agreement is required that includes all conditions of the project approval, subject to the final site plan approval by the City Engineer. Anticipated Permitting: 20.A City of Brooklyn Center land disturbance permit is required. 21.A City of Brooklyn Center building permit is required. 22.A City of Brooklyn Center water and sewer permit is required. 23.An MPCA NPDES permit is required. 24.An MPCA sanitary sewer permit may be required. 25.A MN Department of Health water main extension permit may be required. 26.Other permits not listed may be required and are the responsibility of the developer to obtain as warranted. Prior to issuance of (t Land Alteration and Building Permit: 27.Submit recorded copies of all required agreements. 28.Copies of all required permits must be provided to the City prior to issuance of applicable building and land disturbance permits. 29.Final construction/demolition plans and specifications need to be received and approved by the City Engineer in form and format as determined by the City. The final plan must comply with the approved preliminary plan. 30.A letter of credit or cash escrow shall be deposited with the City in the amount of 100% of the estimated cost in the amount estimated by the developer and determined by the City to comply with land alteration requirement, site improvement, and restoration of the site. The City may incrementally reduce the amount of the surety if work is completed and accepted. 31. A Construction Management Plan and Agreement is required that addresses general construction activities and management provisions, traffic control provisions, haul routes, emergency management provisions, storm water pollution prevention plan provisions, tree protection provisions, general public welfare and safety provisions, definition of responsibility provisions, temporary parking provisions, overall site condition provisions, and non-compliance provisions. The plan must be in a City approved format and must outline minimum site management practices and penalties for non-compliance. A $2,500 cash deposit is required as part of the non-compliance provision. Through this document, the developer and property owner will acknowledge: a)The property will be brought into compliance within 24 hours of notification of a violation of the, construction management plan, other conditions of approval or City code standards. b)If compliance is not achieved, the City will use any or all of the escrow dollars to correct any deficiency and/or issue. 32. A preconstruction conference must be scheduled and held with City staff and other entities designated by the City. All aforementioned items, comments and recommendations are provided based on the information submitted by the applicant at the time of this review. The PUD amendment and site plan must be developed and maintained in substantial conformance with the referenced plans, unless modified by the staff recommended conditions above. 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Sq 005 5 5.5 55505 01531 05 00,550 II S 005 1 -5 535,553 5 .50501 IX Xl 35 \/'IS 103 50111 \c 1\ '54503050,00 9\10Il,O'QlOO _l130453000Xl\45 0150.5 Planning Commission Application No. 2015-011 City Council Meeting November 9, 2015 Agenda Item No. 9.b Gatlin Development requesting amendment No. 7 to the Shingle Creek Crossing Planned Unit Development (PUD) Updated PUD plan provides for: subdivision/platting of former Kohl’s property into two separate lots; and planned development of a new multi-tenant commercial building. Site and Building Plan application for “Building X” and proposed Preliminary Plat of Shingle Creek Crossing 6th Addition - presented under separate applications. Shingle Creek Crossing PUD approved on May 23, 2011 - provided for the overall redevelopment of the Brookdale Mall properties. PUD Amendment No. 2 – adopted September 12, 2011 - provided for the physical separation of the food court building from the Sears store; and other modifications PUD Amendment No. 3 - adopted September 24, 2012 - provided for the replatting of certain lots and revisions to Bldg. D, Bldg. Q, and Bldg. O sites PUD Amendment No. 4 – adopted October 14, 2013 – approved removal and replacement of the former Brookdale Mall Food Court and replacement plan with ten (10) new retail/service buildings. PUD Amendment No. 5 – allowed for various sign allowances PUD Amendment No. 6 – adopted June 9, 2014 – approved revised layout Bldgs. 9 and 10; new Bldg. R and Bldg. T; revised layout Bldg. B; approve preliminary/final plat of Shingle Creek Crossing 5th Addition. Developer intended to keep and maintain existing Kohl’s store as designed. Although always part of the original SCC-PUD from 2011, this area and building has remained unaffected until this application Since closure of Kohl’s in 2013 - Developer has actively sought new users or tenants to fill this 75 ,000 sq. ft. retail commercial space; but unfortunately, there have been only a handful interested parties seeking to lease or purchase this space Due to recent and unforeseen water damage behind the building’s façade, Gatlin is now undertaking corrective actions of repairing and replacing portions of the outer shell of this building 75,000 sf. Kohl’s building was constructed in 1987. Based on size - required 413 spaces Site contains 447 total spaces, which is 34 more than needed Shingle Creek Crossing PUD provides reduced parking ratio for retail/commercial uses of 4.5 spaces per 1,000 sf. of GFA . Kohl’s required numbers reduces to 338 spaces (reflects 109 additional spaces) As part of proposed subdivision to create two new lots, Kohl’s site = 342 spaces; Building X parcel = 51 spaces. As a result of this change to the PUD (re-allocation of parking) both lots will meet (exceed) the required 4.5 spaces per 1,000 sf. New 9,400 sf. Building X will provide an opportunity to add complementary and adjacent commercial or retail uses (either individually or in multi-tenant uses) next to the larger and planned retail use inside the old Kohl’s building; along with the city’s EDA lot to north. Development standards in the C2 (Commerce) District provides the following setbacks: Front Yard : 35-ft. Rear Yard : 40-ft. Side Yard : 10-ft. Corner Side: 25 -ft. Under the 2011 SCC PUD Agreement, select buildings or lots were approved with reduced setbacks for buildings or parking areas inside the development. The Sept. 2015 Master Plan – does not indicate or specify any identifiable building setbacks from lot lines or roadway lines. Utilizing the scaled maps from Gatlin, Planning Staff approximated the building setbacks •85.5-ft. from northerly line •62 -ft. from easterly line •188-ft. from southerly line •12.75 -ft. from westerly line Building L approved in 2013 - similar situation where the back of the building was designed next to the rear sidewalk along north/south access road; especially with service doors swinging/opening out onto sidewalk. Staff had concerns with this same building/sidewalk layout – shown below: Recommended Developer move/shift building farther into the lot to accommodate a small entry pad or landing in front of each door (Developer has verbally agreed to) PUD Analysis… PUD Plan – Building Layout PUD Plan – Phasing PUD Plan – Grading Plan PUD Plan – Storm Water Plan PUD Plan – Water Utility PUD Plan – Sanitary Sewer PUD Plan - Lighting PUD Plan – Landscape Plan PUD Plan – Circulation Plan PUD Plan – Route Plan PUD Findings… a)The additional buildable lot and maintaining the existing development site of the former Kohl’s site will promote and enhance the general public welfare of this PUD, as it maintains and keeps the redevelopment activity of this site intact and ongoing; b)The additional lot and building site reflects a current need or benefit to the overall Shingle Creek Crossing PUD Plan as requested by the Developer, c) The additional lot and future building site, along with the acknowledgement by the City that both lots will meet the required parking standards established by the Shingle Creek Crossing PUD Agreement, will not be detrimental or pose any threat or danger to the public. d)The additional lot and future building site will not be injurious to the use and enjoyment of other uses in this Shingle Creek Crossing PUD; e)The additional lot and future building site will not impede the normal orderly development and proposed improvements of this Shingle Creek Crossing PUD; and f)Even with the additional lot and future building site, the overall Shingle Creek Crossing PUD site will have adequate measures in place to maintain and provide suitable access and parking to the site. g)The proposed layout of all new development lots and all new buildings, including reduced setbacks and any other related flexibility or reductions identified on said Shingle Creek Crossing Master Plan –September 2015, are hereby acceptable and approved. Recommendation October 29th - Planning Commission conducted a public hearing on the PUD Amendment with updated Master Plan and PUD Development Plans; no comments/objections received. PC determined the findings for approving a PUD Amendment were met under the updated plans; the development/site plan will be consistent with the intent of the original PUD; and plan is considered a proper and approved use for the PUD. PC adopted Resolution No. 2015-12, recommending approval of this Amendment (No. 7) to Shingle Creek Crossing PUD, including the Sept. 2015 Master Plan and PUD Development Plans as presented, with certain conditions and allowances. Recommend City Council Adopt the Resolution Regarding the Disposition of Planning Commission Application No. 2015 -011, Submitted by Gatlin Development Company, Requesting Approval of a Planned Unit Development Amendment (No. 7) to the 2011 Shingle Creek Crossing Planned Unit Development Preliminary Plat of Shingle Creek Crossing 6th Addition Gatlin Development Company Planning Application No. 2015-012 City Council Meeting November 9, 2015 Agenda Item No. 9.c Introduction Gatlin Development seeking to replat the Kohl’s parcel (lot) located within the Shingle Creek Crossing Planned Unit Development project site. Preliminary Plat to be titled SHINGLE CREEK CROSSING 6th ADDITION Proposed plat reflects the revised layout to be created under the updated Planned Unit Development Amendment No. 7 plan (under separate consideration) Background Replat of the original 8.02 acre Kohl’s site into two lots - consisting of 1.48 acres and 5.35 acres respectively Lot 1, Block 1 of SCC 6th Addition will accommodate the newly proposed Building X pad site Building X approval subject to separate Site & Building Plan consideration Plat Map Recommendation Public Hearing was held at the October 29th Planning Commission meeting; notices mailed to the surrounding property owners; no comments/objections received from the public. Planning Commission adopted PC Resolution No. 2015-13, which provides unanimous support and recommends Council to approve Planning Application No. 2015-012, the Preliminary Plat of SHINGLE CREEK CROSSING 6th ADDITION, subject to certain conditions (as noted in Council resolution) Adopt the Resolution Regarding the Disposition of Planning Commission Application No. 2015-012, Submitted by Gatlin Development Company, Requesting Approval of the Preliminary Plat of Shingle Creek Crossing 6th Addition, located at 2510 County Rd. 10. City Council Agenda Item No. 9c COUNCIL ]ITEM MEMORANDUM DATE: November 9, 2015 TO: Curt Boganey, City Manager FROM: Tim Benetti, Planning and Zoning Specialist THROUGH: Gary Eitel, Director of Business and Development SUBJECT: Resolution Regarding the Disposition of Planning Commission Application No. 2015-012 Submitted by Gatlin Development Company Requesting Approval of the Preliminary Plat of Shingle Creek Crossing 6th Addition (Located at 2510 County Rd. 10) Recommendation: Recommended the City Council adopt the Resolution regarding the disposition of Planning Commission Application No. 2015-012, submitted by Gatlin Development Company requesting approval of the Preliminary Plat of Shingle Creek Crossing 6' Addition, located at 2510 County Rd. 10. Background: On October 29, 2015, the City Planning Commission reviewed Planning Application No. 2015- 012, as submitted by Gatlin Development Company, requesting approval of a Preliminary Plat of Shingle Creek Crossing 6th Addition. This new plat is located within the Shingle Creek Crossing PUD site, and affects only the area in and around the former Kohl's department store parcel, located at 2510 County Road 10. At the October 29th meeting, the Planning Commission reviewed this plat item under a duly noticed public hearing, with no comments or objections received from the general public. Attached for review is Planning Commission Resolution No. 2015-13, in which the Planning Commission provides a favorable (and unanimous) recommendation of approval to the City Council regarding this Preliminary Plat of Shingle Creek Crossing 6th Addition. Excerpt minutes [draft] from the October 29th Planning Commission meeting as related to this item are attached for the Council's review. Budget Issues: There are no budget issues to consider. Strategic Priorities: o Targeted Redevelopment )'Iissioii: Ensiii!ng an attractive, clean, safe, inclusive coininuilitY that enhances the quality of IU'e for all people and preserves the public trust adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2015-012 SUBMITTED BY GATLIN DEVELOPMENT COMPANY REQUESTING APPROVAL OF THE PRELIMINARY PLAT OF SHINGLE CREEK CROSSING 6th ADDITION (LOCATED AT 2510 COUNTY RD. 10) WHEREAS, Planning Commission Application No. 2015-012 submitted by Gatlin Development Company, requesting approval of a Preliminary Plat of a new subdivision to be titled SHINGLE CREEK CROSSING 6th ADDITION, which is a replat of certain properties within the Shingle Creek Crossing Planned Unit Development project site, and WHEREAS, on October 29, 2015, the Planning Commission held a duly called public hearing, whereby this item was given due consideration, a staff report was presented, and a public hearing was opened to allow for public testimony regarding the preliminary plat of Shingle Creek Crossing 6th Addition, which were received and noted for the record; and WHEREAS, the Planning Commission has determined during its review of the preliminary plat materials submitted with Planning Application No. 2015-012 , that said plat is in general conformance with City of Brooklyn Center's City Code Chapter 15 - Platting; and WHEREAS, the Planning Commission did adopt Planning Commission Resolution No. 2015-13, which provides a favorable and unanimous recommendation to the City Council that Planning Commission Application No, 2015-012, as submitted by Gatlin Development Company requesting Preliminary Plat of SHINGLE CREEK CROSSING 61h ADDITION, may be approved with certain conditions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Planning Commission Application No. 2015-012 as submitted by Gatlin Development Company, requesting approval of a Preliminary Plat of a new subdivision to be titled SHINGLE CREEK CROSSING 6th ADDITION, is hereby approved subject to the following conditions: 1.All recommendations and conditions as noted in the City Engineer's review memorandum, dated October 22, 2015 shall be complied with or completed as part of any final plat approvals. 2.Approval of this plat will be subject to the approval of the separate Shingle Creek Crossing Planned Unit Development Amendment No. 7. 3. Any easements that need to be vacated under this platting process as determined by the City Engineer must be considered under separate and RESOLUTION NO. 2015- formal City easement vacation process, with all documentations, descriptions, and exhibits singed by a licensed surveyor. 4.The final plat shall be subject to review and final approvals by the City Engineer, prior to release by the City for recording purposes, 5.The final plat shall be subject to the provisions of Chapter 15 of the City Ordinances. 6. An updated certified abstract of title or registered property report must be provided to the City Attorney and City Engineer for review at the time of the final plat application (within 30 days of release of the final plat). November 9, 2015 MayorDate ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Excerpt - MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OCTOBER 29, 2015 6d) APPLICATION NO. 2015-012; GATLIN DEVELOPMENT COMPANY; CONSIDERATION OF PRELIMINARY PLAT OF SHINGLE CREEK CROSSING 6T11 ADDITION; (2510 COUNTY ROAD 10) Chair Christensen introduced Application No. 2015-012, consideration of preliminary plat of Shingle Creek Crossing 6t1 Addition, located at 2510 County Road 10. (See Planning Commission Reports dated 10-29-2015 for Application No. 2015-012.) Mr. Benetti introduced the application; provided background; and the plat map. It was noted that legal notice was published in the local Sun-Post and notice letters were delivered to all neighboring properties within 350 feet of the subject site. Mr. Benetti stated Planning Staff recommends the Planning Commission provide a recommendation to the City Council to approve Planning Application No. 2015-012, consideration of preliminary plat of Shingle Creek Crossing 6th Addition, with the conditions noted in the Planning Staff report and also similar in the Resolution. OPEN TO PUBLIC COMMENTS - APPLICATION NO. 2015-012 Chair Christensen recognized residents in the audience who wished to speak on this matter, ( There was a motion by Commissioner Schonning, seconded by Commissioner MacMillan, to open the public hearing on Application No. 2015-012, at 8:22 p.m. The motion passed unanimously. Chair Christensen called for comments from the public. There were no individuals in attendance and no comments received at that time. MOTION TO CLOSE PUBLIC COMMENTS (HEARING) There was a motion by Commissioner Tade, seconded by Commissioner Schonning, to close the public hearing on Application No. 2015-012. The motion passed unanimously. Chair Christensen called for questions and comments from Commissioners. Mr. Eitel stated that the building can be shifted and moved up and it can be accommodated without changing the preliminary plat. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2015-13 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2015-012 SUBMITTED BY GATL1N DEVELOPMENT PC Minutes 10-29-15 -10- DRAFT Excerpt - MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OCTOBER 29, 2015 OF CROSSING 6m ADDITION; (2510 COUNTY ROAD 10) There was a motion by Commissioner Sweeney, seconded by Commissioner Macmillan, to approve Planning Commission Resolution No. 2015-13. Voting in favor: Chair Christensen, Commissioners Koenig, MacMillan, Schoniing, Sweeney, and Tade. Commissioner Morgan was not present for the vote. And the following voted against the same: None The motion passed unanimously. The Council will consider the application at its November 9, 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 10-29-15 -11-DRAFT © © [©7' Commissioner Sweeney introduced the following resolution and moved its (adoption: PLANNING COMMISSION RESOLUTION NO. 2015-13 RESOLUTION REGARDING RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2015-012 SUBMITTED BY GATLIN DEVELOPMENT COMPANY REQUESTING APPROVAL OF THE PRELIMINARY PLAT OF SHINGLE CREEK CROSSING 6th ADDITION (LOCATED AT 2510 COUNTY RD. 10) WHEREAS, Planning Commission Application No. 2015-012 submitted by Gatlin Development Company, requesting approval of a Preliminary Plat of a new subdivision to be titled SHINGLE CREEK CROSSING 6th ADDITION, which is a replat of certain properties within the Shingle Creek Crossing Planned Unit Development project site, and WHEREAS, on October 29, 2015, the Planning Commission held a duly called public hearing, whereby this item was given due consideration, a staff report was presented, and a public hearing was opened to allow for public testimony regarding the preliminary plat of Shingle Creek Crossing 6th Addition, which were received and noted for the record; and WHEREAS, the Planning Commission has determined during its review of the preliminary plat materials submitted with Planning Application No. 2015-012 , that said plat is in general conformance with City of Brooklyn Center's City Code Chapter 15 - Platting; and NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooldyn Center does hereby recommend to the City Council, that Application No. 2015-012 as submitted by Gatlin Development Company requesting Preliminary Plat consideration of a new subdivision to be titled SHINGLE CREEK CROSSING 6th ADDITION, may be approved based upon the following conditions: 1.All recommendations and conditions as noted in the City Engineer's review memorandum, dated October 22, 2015 shall be complied with or completed as part of any final plat approvals. 2.Approval of this plat will be subject to the approval of the separate Shingle Creek Crossing Planned Unit Development Amendment No. 7. 3.Any easements that need to be vacated under this platting process as determined by the City Engineer must be considered under separate and formal City easement vacation process, with all documentations, descriptions, and exhibits singed by a licensed surveyor. 4.The final plat shall be subject to review and final approvals by the City Engineer, prior to release by the City for recording purposes. PC RESOLUTION NO. 2015-13 The final plat shall be subject to the provisions of Chapter 15 of the City Ordinances. 6. An updated certified abstract of title or registered property report must be provided to the City Attorney and City Engineer for review at the time of the final plat application (within 30 days of release of the final plat). I / October 29, 2015 Date Chair ATTEST: Secretary - - The motion for the adoption of the foregoing resolution was duly seconded by member MacMillan and upon vote being taken thereon, the following voted in favor thereof: Chair Christensen, Commissioners Morgan, Tade, Schonning, Koenig, MacMillan and Sweeney; and the following voted against the same: None; whereupon said resolution was declared duly passed and adopted. a (th t OOKL I 'N ETER Planning Commission Report Meeting Date: October 29, 2015 • Application Filed: 09/29/15 o Application Deemed Complete: 10105115 o Review Period (60-day) Deadline: 11/28/15 o Extended Review Period Deadline: N/A Application No. 2015-012 Applicant: Gatlin Development Company Location: Shingle Creek Crossing PUD Project Site Request: Preliminary Plat of Shingle reek Crossing 6th Addition INTRODUCTION Gatlin Development Company is seeking Preliminary Plat of Shingle Creek Crossing 6th Addition, which would allow the replatting of the Kohl's parcel (lot) located within the Shingle Creek Crossing Planned Unit Development project site. A public hearing is scheduled for this item, and notices mailed to the surrounding property owners. ANALYSIS The final plat (original) for Shingle Creek Crossing was approved on May 23, 2011. The affected area under this plat is the lot created by Gatlin Development after they obtained ownership and control of the entire (and former) Brookdale Mall area. The original plat was approved upon the creation of the overall Shingle Creek Crossing Planned Unit Development, This PUD included the former Kohl's department store site, located at 2501 County Road 10, which is legally described as Lot 2, Block 2, Shingle Creek Crossing Addition. LCT I. FLQO<t C) - - - - -- \\ \ >?\ /1 / \ \ ? \' LOT 2, - /7 ER \ W BLOCK17 t-tpp. flU. LUIJUI I PC 10/29/15 Page 1 Since the original PUD and plat approvals of 2011, Gatlin Company has been approved for six additional amendments to the PUD, and five separate subdivision plats. As part of the new application submitted for PUD Amendment No. 7 (under separate consideration and public hearing process). Gatlin is now requesting to subdivide the existing and recognized former Kohl's store lot into two separate lots. One lot will encumber the former Kohl's building site, while a new lot will be created for a new and proposed Building X commercial pad site. Under this 6th Addition, the Developer is requesting to replat this original 8.02 acre site into two lots consisting of 1.48 acres and 5.35 acres respectively. LOT AREA BUILDING PARKING PRO\JIDED RATIO BUILDING DESIGNATION FLAT 1.48 ACRES 9,400 SQ. FT.50 SPACES 5.32 X LOT 1, BLOCK 1 -1 LOT 2, BLOCK'5.35 ACRES 75,000 SQ. FT.342 SPACES 4.56 Y 8.02 ACRES 84,400 SQ. FT.392 SPACES 4.64 TOTAL The new Lot 1, Block 1 of SCC 6th Addition will accommodate the newly proposed Building X pad site by Gatlin Development, which is shown on the following PUD Plan layout. This Building X layout and approval is subject to separate consideration and approvals, and is not an official part of this subdivision application process. The new plat reflects a revised layout to be created under the updated Planned Unit Development Amendment No. 7 plan (illustrated below): App. No. 2015-011 PC 10/29/15 Page 2 EXISTING FULL CCESS TRAFFIC SIGNAL -- - PI-IARAMCY 4DRIVE.THRU \\ RLPU -BOUNDARY I\ (TYP)\E.ISTINI I - KI0HL ->_ 20 D&U DRAINAGE & EASEMENT UTILITY EASEMENT \• (WIDTH VARIES) SHINGLE CREEK OAYLIGTUIG• \(EXISTING)ç \ LOCK LOT 3,-ORTHBLOCK 2 S TRAL EASEMENT \I = 0(WIDTH VARIES) -0 ICE E '- \/1 - •K ________SCALE FET I I f •_ XH / %/ S\____ As was noted under the Planning Report for PUD Amendment No. 7 (Application No. 2015- 011), the parking for both lots will be met as part of the 4.5 spaces/1,000 sf. of GFA ratio as specified under the Shingle Creek Crossing PUD Agreement. This new plat is very straight-forward and does not present any concerns or objections from city planning staff. All other pad sites and/or planned developments in and around this newly platted area will be maintained and unchanged as a result of this new subdivision. The City Engineer Review report is included in this plat report and packet. RECOMMENDATION Staff recommends the Planning Commission adopt the attached Resolution No. 2015-13, which comprehends the approval of Planning Application No. 2015-011, the Preliminary Plat of SHINGLE CREEK CROSSING 6' ADDITION, subject to the following conditions: All recommendations and conditions as noted in the City Engineer's review memorandum, dated October 22, 2015 shall be complied with or completed as part of any final plat approvals. 2.Approval of this plat will be subject to the approval of the separate Shingle Creek Crossing Planned Unit Development Amendment No. 7. 3.Any easements that need to be vacated under this platting process as determined by the City Engineer must be considered under separate and formal City easement /pp, INO.LUIJ-UJ1 PC 10/29/15 Page 3 vacation process, with all documentations, descriptions, and exhibits singed by a licensed surveyor. 4.The final plat shall be subject to review and final approvals by the City Engineer, prior to release by the City for recording purposes. 5.The final plat shall be subject to the provisions of Chapter 15 of the City Ordinances. 6. An updated certified abstract of title or registered property report must be provided to the City Attorney and City Engineer for review at the time of the final plat application (within 30 days of release of the final plat). ATTACHMENTS • Planning Commission Resolution No. 2015-13 • City Engineer's Review Memo (10/22/2014) • Preliminary Plat of SHINGLE CREEK CROSSING 6th ADDITION App. No. 2015-011 Pc 10/29/15 Page 4 MEMORANDUM DATE: October 22, 2015 TO: Tim Benetti, Planning and Zoning Specialist FROM: Andrew Hogg, Assistant City Engineer SUBJECT: Public Works - PUD Amendment No. 7, Site Plan and Preliminary Plat Review Memo - Shingle Creek Crossing - Building X Public Works staff has reviewed the 12 sheet set of plans entitled Shingle Creek Crossing PUD Amendment 7, Preliminary Plat Single Creek Crossing 6th Addition, and Site Improvement Plans Building X which were prepared by Kimley-Horn and Associates, Inc.; dated September 29, 2015. PUD Amendment 7 applies only to Kohl's and Building X sites, The major effects of the proposed revisions as part of PUD Amendment 7 over the currently approved PUD Amendment No. 6 are as follows: • Subdivide Kohl's lot. • Added Building X and modified site layout. The following comments are offered relative to the above-referenced submittals. They are contingent upon preliminary and final plat approval, final site plans and land alteration/building permit submittals and approval. PUD Items - Shingle Creek Crossing PUD Amendment 7: 1.See the following comments. Preliminaiy Flat - Shingle Creek Crossing 6th Addition: 2.This preliminary plan review is being performed under the premise that the re-platting is being requested for the sole purpose of revising the property lines as depicted in the attached drawing. It is assumed that all prior approval elements pertaining to the applicable PUD and amendments, preliminary and final plats, plan reviews and building/land alteration permits are to remain consistent with those approvals and remained unchanged with the exception of the aforementioned property lines. Under this premise, the proposed property line revisions appeal' to pose no negative impacts to the development and are consistent with City requirements. The only known impacts of the revisions pertain to the shifting of parking designation ratios, which minimums are met. 3.All recommendations and requirements approved as part of previous actions pertaining to all prior PUD/PUD amendment approvals, Preliminary Plan approvals and Final Plat approvals relative to this development and/or portions thereof are withstanding and must be incorporated into the final plans. 4.The following comments are contingent upon final plat approval, final site plan and land alteration/building permit submittal and approval for PUD Amendment 7 of the Shingle Creek Crossing Development. 5. An updated certified abstract of title or registered property report must be provided to the City Engineer and City Attorney for review at the time of the preliminary plat application (within 30 days of preliminary plat application). Additionally, this will need to stay current and be updated through the approval process as required to maintain and be current within PUD Amendment No. 7 Plan Review —Shingle Creek Page 2 October 22, 2015 30 days of release of the final plat. 6.The applicant is responsible for coordinating site development plans with Xcel Energy, CenterPoint Energy, Qwest Communications and other private utility companies. Any further easements necessary to provide utility service to the proposed site development shall be dedicated to the public for public use with the final plat. 7.Upon project completion the applicant must submit an as-built survey of the property, improvements, and utility service lines and structures; and provide certified record drawings of all project plan sheets depicting any associated private and/or public improvements, revisions and adjustments prior to issuance of the certificate of occupancy. The as-built survey must also verify that all property corners have been established and are in place at the completion of the project as determined and directed by the City Engineer. 8.Inspection for the private site improvements must be performed by the developer's design/project engineer. Upon project completion the design/project engineer must formally certify through a letter that the project was built in conformance with the approved plans and under the design/project engineer's immediate and direct supervision. The designer/project engineer must be certified in the State of Minnesota and must certify all required as-built drawings (which are separate from the as-built survey). 9.Rededicating and terminating certain easements are required as part of the required replatting. Formal vacation documents are required and must contain easement vacation descriptions and depiction exhibits signed by a professional surveyor. A separate application is required for the easement vacation actions. 10.No portion of building or appurtenant structures may encroach on the City drainage and utility easement. Site Improvement Plans - Building X: 11.See redline plan sheets for additional plan comments. 12.Plans must provide 1" abstraction from all impervious surface for the entire site (1.3 acres impervious area per plan sheet 6020) to meet Shingle Creek Watershed Commission rules. Update plans and stormwater narrative as necessary. Provide design calculations. 13.Existing stormwater facility must be able to be accessible and maintained. Suggested consideration should be given to replacing the existing facility. 14.Building X rear doors open directly on to sidewalk. Revise sidewalk to provide clear zone with safety factor. 15.A utility facilities easement agreement is required that will provide the City perpetual accessibility to all private utilities and storm drainage areas to inspect and enforce proper utility service and maintenance for the entire site. This easement agreement also includes private inspection, maintenance and reporting responsibilities, and must be executed prior to issuance of building and land alteration permits. 16.A drainage and utility easement encompassing all storm water treatment facilities must be dedicated on the plat. General Items: 17.All work performed and materials used for construction of utilities must conform to the City of Brooklyn Center's standard specifications and details, The City's standard details must be included in the plans. 18. The final plans must be certified by a licensed engineer in the State of Minnesota and forwarded to the City Engineer for approval. PUD Amendment No. 7 Plan Review —Shingle Creek Page 3 October 22, 2015 Agreements: 19.A Performance Agreement is required that includes all conditions of the project approval, subject to the final site plan approval by the City Engineer. Anticipated Permitting: 20.A City of Brooklyn Center land disturbance permit is required. 21.A City of Brooklyn Center building permit is required, 22.A City of Brooklyn Center water and sewer permit is required. 23.An MPCA NPDES permit is required. 24.An MPCA sanitary sewer permit may be required. 25.A MN Department of Health water main extension permit may be required. 26.Other permits not listed may be required and are the responsibility of the developer to obtain as warranted. Prior to issuance of a Land Alteration and Building Permit: 27.Submit recorded copies of all required agreements. 28.Copies of all required permits must be provided to the City prior to issuance of applicable building and land disturbance permits. 29.Final construction/demolition plans and specifications need to be received and approved by the City Engineer in form and format as determined by the City. The final plan must comply with the approved preliminary plan. 30.A letter of credit or cash escrow shall be deposited with the City in the amount of 100% of the estimated cost in the amount estimated by the developer and determined by the City to comply with land alteration requirement, site improvement, and restoration of the site. The City may incrementally reduce the amount of the surety if work is completed and accepted. 31. A Construction Management Plan and Agreement is required that addresses general construction activities and management provisions, traffic control provisions, haul routes, emergency management provisions, storm water pollution prevention plan provisions, tree protection provisions, general public welfare and safety provisions, definition of responsibility provisions, temporary parking provisions, overall site condition provisions, and non-compliance provisions. The plan must be in a City approved format and must outline minimum site management practices and penalties for non-compliance. A $2,500 cash deposit is required as part of the non-compliance provision. Through this document, the developer and property owner will acknowledge: a)The property will be brought into compliance within 24 hours of notification of a violation of the construction management plan, other conditions of approval or City code standards. b)If compliance is not achieved, the City will use any or all of the escrow dollars to correct any deficiency and/or issue. 32. A preconstruction conference must be scheduled and held with City staff and other entities designated by the City. All aforementioned items, comments and recommendations are provided based on the information submitted by the applicant at the time of this review. The PUD amendment and site plan must be developed and maintained in substantial conformance with the referenced plans, unless modified by the staff recommended conditions above. Subsequent approval of the final plan may require additional modifications based on engineering requirements associated with final design of the water supply, storm drainage, sanitary sewer, final grading, geometric design, and other design elements as established by the City Engineer and other public officials having jurisdiction over PUD Amendment No. 7 Plan Review —Shingle Creek Page 4 October 22, 2015 approval of the final site plans. S\OAa 2 20 sm. N ISSOO AU1fl03 1 dJNUSH ------------IL wo Aw )18 1ONIHS 1N3 NA1)1OOèI (MotcIusMoDo4j--_1 < I )1 ±V1dA?JVNIVJI11d NISSOH3NHO1NIHS -rr O (1• Z ci) 02 z -IJauJ0c > eLu LLI LU IL 0 OZI L9 AN \ 2 / Ifj j,L' N \\ M .j5• Nz N -N [ / N / \ > N:N\ \ :: g 2 —- \\\\\ N Ns :4p N\\\\ 2 I \\\\\ \\\\\\ \ \\\\ Htç-1' \\\\\ — !I1WU Ne Ilkir — If X\\ - I . ---- co R-^$ I - ' - H I — — - - - J h H-11b LI €dd51 AC sdç -. CI0C en ths enappy lie Cmx 6P IB - avid xxvusa,aua\x Ssc m\niCCus xv'x\c ssvaa\aava\xnxrlxo nvvavoaxeixiixna,,maC iJrixvv\A3Qravi\x v-x Csxo City Council Agenda Item No. 9d COUNC]IL ITEM MEMORANDUM DATE: November 9, 2015 TO: Curt Boganey, City Manager FROM: Tim Benetti, Planning and Zoning Specialist THROUGH: Gary Eitel, Director of Business and Development SUBJECT: Resolution Regarding the Disposition of Planning Commission Application No. 2015-013, Submitted by Gatlin Development Company, Requesting Approval of the Site and Building Plan for Proposed Building X within the Shingle Creek Crossing Planned Unit Development (Located at 2510 County Road 10) Recommendation: Recommended the City Council adopt the Resolution Regarding the Disposition of Planning Commission Application No. 2015-013, submitted by Gatlin Development Company, requesting approval of a Site and Building Plan for proposed Building X within the Shingle Creek Crossing Planned Unit Development, located at 2510 County road 10. Background: On October 29, 2015, the City Planning Commission reviewed Planning Application No. 2015- 013, as submitted by Gatlin Development Company, requesting approval of the Site and Building Plan for Proposed Building X within the Shingle Creek Crossing Planned Unit Development. This building is planned to be a 9,400 sf. multi-tenant, commercial/retail facility. This Site and Building Plan is part of the previous approvals given under Planning Application No. 2015-011, Amendment (No. 7) to Shingle Creek Crossing PUD, which is under separate consideration by the City Council. Attached for review is Planning Commission Resolution No. 2015-13, in which the Planning Commission provides a favorable (and unanimous) recommendation of approval to the City Council regarding this proposed new Building X within the Shingle Creek Crossing PUD. Excerpt minutes [draft] from the October 29thi Planning Commission meeting as related to this item are attached for the Council's review. Budget Issues: There are no budget issues to consider. Strategic Priorities: Targeted Redevelopment Mission: Ensuring on attractive, clean, safe, i,zcliisive coiniiiiinitj' that enhances the quality of life for all people an dpreseives (lie pu bile (just adoption: Member introduced the following resolution and moved its ( RESOLUTION NO. RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2015-013 SUBMITTED BY GATLIN DEVELOPMENT COMPANY, APPROVING THE SITE AND BUILDING PLAN FOR PROPOSED BUILDING X WITHIN THE SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT (LOCATED AT 2510 COUNTY ROAD 10) WHEREAS, Planning Commission Application No, 2015-013, submitted by Gatlin Development Company, requesting approval of a new Site and Building Plan for a proposed Building X, which is tentatively addressed under 2510 County Road 10, and which approval is in conjunction with the ongoing improvements made under the Shingle Creek Crossing Planned Unit Development Project; and WHEREAS, the Planning Commission held a public meeting on October 29, 2015, to fully consider Planning Commission Application No. 2015-013, and reviewed and received a planning report on the proposed new Site and Building Plans for the proposed Building X development and other related improvements in conjunction with the Shingle Creek Crossing Planned Unit Development Project; and WHEREAS, in light of all testimony received, and utilizing the guidelines and standards for evaluating site and building plans, as contained in Section 35-230 (Plan Approval) of the City's Zoning Ordinance, along with consideration of the goals and objectives of the City's Comprehensive Plan, the Planning Commission considers this site and building plan an appropriate and reasonable development of the subject property; and WHEREAS, the Planning Commission finds that the Site and Building plans for this Building X is consistent with the General Development Plans of the overall Shingle Creek Crossing Planned Unit Development; and WHEREAS, the Planning Advisory Commission of the City of Brooklyn Center does recommend to the City Council that the Site and Building Plan of proposed Building X, as comprehended under Planning Application No. 2015-013, may be approved based upon the following considerations: A.The Site and Building Plan is compatible with the standards, purposes and intent of the City's Zoning Ordinance; B.The Site and Building Plan, in relation to the Planned Unit Development proposed on the Subject Site, will facilitate the redevelopment and improvement of this site, will allow for the utilization of the land in question in a manner which is compatible with, complimentary to and of RESOLUTION NO. 2015- comparable intensity to adjacent land uses as well as those permitted on surrounding land; C.The improvements and utilization of the property as proposed under the planned redevelopment of this site is considered a reasonable use of the property and will conform with ordinance standards; D.The Site and Building Plan proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area; E.The Site and Building Plan proposal appears to be a good long range use of the existing land and this proposed development can be considered an asset to the community; and F.Based upon the above considerations, it is believed that the guidelines for evaluating and approving a Site and Building Plan as contained in Section 35-230 (Plan Approval) of the City's Zoning Ordinance are met and the site proposal is, therefore, in the best interest of the community. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Planning Commission Application No. 2015-013, as submitted by Gatlin Development Company, requesting approval of a Site and Building Plan for Building X, a new 9,400 sq. ft. multi-tenant commercial and retail site, and which approval is in conjunction with the ongoing improvements made under the Shingle Creek Crossing Planned Unit Development Project, is hereby approved, subject to the following conditions: 1.Developer/Applicant agrees to comply with all conditions or provisions noted in the City Engineer's Review memo, dated October 22, 2015. 2.The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 3.Developer shall revise the site plan to eliminate the need for the rear service doors to swing-out or open directly onto the rear walkway area. 4.Final grading, drainage, utility and erosion control plans and any other site engineering elated issues are subject to review and approval by the City Engineer prior to the issuance of permits. 5. The Developer shall provide additional building treatments or decorative features to screen the outside electrical panels and gas meters should they be located on the outside of the new building. These screening elements RESOLUTION NO. 2015- shall be approved by the City's Business and Development Director. 6.Any outside trash disposal facilities and roof top or on-ground mechanical equipment shall be appropriately screened from view. 7.An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. Site Plan approval is exclusive of all final signs on this site, including new wall (building) signs, which shall remain subject to Chapter 34 of the city ordinances, and subject to the approved Signage Plan of the Shingle Creek Crossing PUD Agreements. 9.Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City's Engineering Department and applicant shall obtain an NPDES construction site erosion permit from the Minnesota Pollution Control Agency prior to disturbing the site. 10.Any major changes or modifications made to this PUD Development/Site and Building Plan can only be made by an amendment to this PUD, which shall include an updated Development/Site Plan if necessary. 11.The Developer shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 12.All other provisions, standards and variations provided under the 2011 Shingle Creek Crossing PUD shall remain in effect. November 9, 2015 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: RESOLUTION NO. 2015- and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Excerpt - MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OCTOBER 29, 2015 6e. APPLICATION NO. 2015-013; GATLIN DEVELOPMENT COMPANY; CONSIDERATION OF A SITE AND BUILDING PLAN OF NEW BUILDING X IN THE SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT PROJECT AREA (2510 COUNTY ROAD 10) Chair Christensen introduced Application No. 2015-013, consideration of a Site and Building Plan of new Building X in the Shingle Creek Crossing Planned Unit Development project area, located at 2510 County Road 10. (See Planning Commission Reports dated 10-29-15 for Application No. 2015-013.) Mr. Benetti introduced the item; provided an aerial plan; the site plan; the grading/drainage plan; the utility plan; the landscaping plan; the architectural plan; and the floor layout plan. It was noted that legal notice was published in the local Sun-Post and notice letters were delivered to all neighboring properties within 350 feet of the subject site. No response was received. Mr. Benetti stated Planning Staff recommends the Planning Commission provide a recommendation to the City Council to approve Planning Application No. 2015-013, consideration of Site and Building Plan of new Building X in the Shingle Creek Crossing Planned Unit Development project area, with the conditions noted in the Planning Staff report (and also similar in the Resolution. Chair Christensen asked about what was north of the trash enclosure. Mr. Benetti replied that it is called a grit chamber and is meant to capture dirt and debris from the parking lot and hold it until it is cleaned out. It is a stopgap for dirt before it gets into the storm system. Discussion took place regarding a service sidewalk and another sidewalk that serves the pedestrian movement on the site. Mr. Eitel talked about enhancing the building's architecture and screening of the utilities. Chair Christensen stated that he would not open a public hearing, asked for additional comments from Commissioners and called for a motion. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2015-14 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2015-013 SUBMITTED BY GATLIN DEVELOPMENT COMPANY FOR CONSIDERATION OF SITE AND BUILDING PLAN OF NEW BUILDING X IN THE SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT PROJECT AREA (2510 COUNTY ROAD 10) PC Minutes 10-29-15 -12- DRAFT Excerpt - MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OCTOBER 29, 2015 ( There was a motion by Commissioner Tade, seconded by Commissioner Sweeney to approve Planning Commission Resolution No. 2015-14. Voting in favor: Chair Christensen, Commissioners Koenig, MacMillan, Morgan, Schonning, Sweeney, and Tade. And the following voted against the same: None The motion passed unanimously. The Council will consider the application at its November 9, 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. 7.DISCUSSION ITEMS There were no other discussion items. 8.OTHER BUSINESS None at this time. 9. ADJOURNMENT There was a motion by Commissioner Tade, seconded by Commissioner Sweeney, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:45 p.m. Chair PC Minutes 10-29-15 -13- DRAFT Commissioner Tade introduced the following resolution and moved its adoption ( PLANNING COMMISSION RESOLUTION NO. 2015-14 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2015-013 SUBMITTED BY GATL[N DEVELOPMENT COMPANY, APPROVING THE SITE AND BUILDING PLAN FOR PROPOSED BUILDING X WITHIN THE SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT (LOCATED AT 2510 COUNTY ROAD 10) WHEREAS, Planning Commission Application No. 2015-013, submitted by Gatlin Development Company, requesting approval of a new Site and Building Plan for a proposed Building X, which is tentatively addressed under 2510 County Road 10, and which approval is in conjunction with the ongoing improvements made under the Shingle Creek Crossing Planned Unit Development Project; and WHEREAS, the Planning Conmiission held a public meeting on October 29, 2015, to fully consider Planning Commission Application No. 2015-013, and reviewed and received a planning report on the proposed new Site and Building Plans for the proposed Building X development and other related improvements in conjunction with the Shingle Creek Crossing Planned Unit Development Project; and WHEREAS, in light of all testimony received, and utilizing the guidelines and standards for evaluating site and building plans, as contained in Section 35-230 (Plan Approval) of the City's Zoning Ordinance, along with consideration of the goals and objectives of the City's Comprehensive Plan, the Planning Commission considers this site and building plan an appropriate and reasonable development of the subject property; and WHEREAS, the Planning Commission finds that the Site and Building plans for this Building X is consistent with the General Development Plans of the overall Shingle Creek Crossing Planned Unit Development. NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that the Site and Building Plan of proposed Building X, as comprehended under Planning Application No. 2015-013, may be approved based upon the following considerations: A.The Site and Building Plan is compatible with the standards, purposes and intent of the City's Zoning Ordinance; B.The Site and Building Plan, in relation to the Planned Unit Development proposed on the Subject Site, will facilitate the redevelopment and improvement of this site, will allow for the utilization of the land in question in a manner which is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on I) RIM [iWAIU4tI surrounding land; C.The improvements and utilization of the property as proposed under the planned redevelopment of this site is considered a reasonable use of the property and will conform with ordinance standards; D.The Site and Building Plan proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area; E.The Site and Building Plan proposal appears to be a good long range use of the existing land and this proposed development can be considered an asset to the community; and F.Based upon the above considerations, it is believed that the guidelines for evaluating and approving a Site and Building Plan as contained in Section 35-230 (Plan Approval) of the City's Zoning Ordinance are met and the site proposal is, therefore, in the best interest of the community. BE IT FURTHER RESOLVED by the Planning Advisory Commission of the City of Brooldyn Center does hereby recommend to the City Council that Planning Application No. 2015-013, may be approved subject to the following conditions and considerations: 1. Developer/Applicant agrees to comply with all conditions or provisions noted in the City Engineer's Review memo, dated October 22, 2015. 2, The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. Developer shall revise the site plan to eliminate the need for the rear service doors to swing-out or open directly onto the rear walkway area. 4.Final grading, drainage, utility and erosion control plans and any other site engineering elated issues are subject to review and approval by the City Engineer prior to the issuance of permits. 5.The Developer shall provide additional building treatments or decorative features to screen the outside electrical panels and gas meters should they be located on the outside of the new building. These screening elements shall be approved by the City's Business and Development Director. 6. Any outside trash disposal facilities and rooftop or on-ground mechanical equipment shall be appropriately screened from view. PC RESOLUT ION NO. 2015-14 7. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. Site Plan approval is exclusive of all final signs on this site, including new wall (building) signs, which shall remain subject to Chapter 34 of the city ordinances, and subject to the approved Signage Plan of the Shingle Creek Crossing PUD Agreements. 9.Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City's Engineering Department and applicant shall obtain an NPDES construction site erosion permit from the Minnesota Pollution Control Agency prior to disturbing the site. 10.Any major changes or modifications made to this PUD Development/Site and Building Plan can only be made by an amendment to this PUD, which shall include an updated Development/Site Plan if necessary. 11.The Developer shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 12.All other provisions, standards and variations provided under the 2011 Shingle Creek Crossing PUD shall remain in effect. October 29, 2015 Date Chair ATTEST: Secretary The motion for the adoption of the foregoing resolution was duly seconded by member Sweeney; and upon vote being taken thereon, the following voted in favor thereof: Chair Christensen, Commissioners Tade, Schonning, Koenig, MacMillan, Sweeney, and Morgan; and the following voted against the same: None; whereupon said resolution was declared duly passed and adopted. PWG('"taOOA'L } V 'E'bTER Planning Commission Report Meeting Date: October 29, 2015 • Application Filed: 09/29/15 • Application Deemed Complete: 10105115 • Review Period (60-day) Deadline: 11/28/15 • Extended Review Period Deadline: N/A Application No. 2015-013 Applicant: Gatlin Development Company Location: XXXX Shingle Creek Crossing (2501 County Road 10) Request: Site & Building Plan - Building X INTRODUCTIO N Gatlin Development Company is requesting review and consideration of a Site and Building Plan approval for the proposed multi-tenant retail building labeled "X" in the Shingle Creek Crossing Planned Unit Development (PUD). This is the 10th building (of total 20 proposed) under this PUD project site. This site plan item does not require a public hearing, but can be considered under a standard public meeting review, whereby comments from the general public may be allowed or noted for the record. Written notices have been mailed to property owners within 350-feet of the site. COMPREHENSIV E PLANID ZONING STANDARDS Land Use Plan: Mixed Use Redevelopment - TH/MF/OS/RB/PS (Townhome/Multi- Family/Office-Service/Retail Business/Public Services Current Zoning: PUD/C2 (Planned Unit Development/Commerce) Surrounding Zoning: North: C2 (Commerce) East: HWY 100 /RI One Family/Cl and C2 (Commerce) South: PUD/C2 (PUD/C2 (Planned Unit Development/Commerce) West: PUD/C2 (Planned Unit Development/Commerce) Site Area.' 6.82 acres Setback Standards: Building: Front Yard = 35-ft.; Rear Yard = 40-ft.; Side Yard (Interior) = 10 ft.; and Corner Side-Yard = 25-ft. Parking: 15-ft. from any street right-of-way line Conformity to.' Land Use Plan.' Yes Zoning Ord.: Yes - subject to Amendment to the Shingle Creek Crossing PUD Subdivision Ord.: Yes - subject to the successful approval of the proposed Shingle Creek Crossing 6th Addition. Sign Ord.: Unknown or not under consideration at this time. App. No. 2015-013 PC 10/29/2015 Page 1 Variance Needed for Request: No, but certain building setbacks and other allowances may be given subject to approval of the amendment to the Shingle Creek Crossing PUD. BACKGROUND The original Shingle Creek Crossing PUD was approved on May 23, 2011 (which is considered the 1st Amendment to the original Brookdale Mall Planned Unit Development of 1999) and provided for the overall redevelopment of the Brookdale Mall properties. This mall originally consisted of over 1.1 million square feet of retail space, which was reduced by the demolition of approximately 760,000 sf. of old mall space, followed by the planned renovation of approximately 123,242 sf. of the Food Court mall located next to the Sears store; the development of approximately 402,489 sf. of new retail commercial and restaurant uses; and approval of the Shingle Creek day lighting features. PUD Amendment No. 2 was approved a short time later on September 12, 2011, which provided for the physical separation of the food court building from the Sears store; the renovation/conversion of the Food Court's "common area" into additional retail space, whereby the net leasable retail area was increased from 123,242 sq. ft. to 150,591 sq. ft.; the removal of planned Building N between Sears and Wal-Mart; and the addition of a new 6,000 sf. commercial pad site located at the southeast corner of Xerxes Avenue/56th Avenue entrance. PUD Amendment No. 3, adopted September 24, 2012, provided for the replatting of certain lots and revisions to new certain building pad sites (Building D, Building Q, and Building 0 restaurant pad site). PUD Amendment No, 4, adopted October 14, 2013, approved the removal and replacement of the former Brookdale Mall Food Court and replacement plan with ten (10) new retail/service buildings. PUD Amendment No. 5 was related to various sign allowances granted throughout the Shingle Creek Crossing PUD. PUD Amendment No. 6 was approved on June 9, 2014, and included the following changes: a) revised layout and sizes of Bldgs. 9 and 10 (former Brookdale Food Court replacement plans; b) new Buildings R - a 5,400 sq. ft. restaurant pad site; c) new Building T a 5,500 sq. ft. restaurant pad site; d) revised size and layout of Bldg. B from 8,500 sq. ft. to 6,673 sq. ft.; and e) approval of preliminary/final plat of Shingle Creek Crossing 5 11 Addition. This new Building X can only be developed subject to the approval of the proposed Shingle Creek Crossing PUD Amendment No. 7 and new Shingle Creek Crossing 6th Addition subdivision plat, both of which are under separate review and consideration. If the Planning Commission determines PUD No. 7 should not be approved or tabled for some reason, then this Site and Building Plan application must also be denied and/or tabled accordingly. App. No. 2015-013 PC 10/29/2015 Page 2 SITE & BUILDING IMPROVEMENTS + Site Information !& Layout The proposed building site is located on the far west edge of the current and former Kohl's store lot, which contains open parking lot and standard parking spaces ( ,- I /jP ,•A The proposed Building X is generally shown on the proposed Shingle Creek Crossing Master Plan - September 2015 and its related Shingle Creek Crossing PUD Amendment No. 7 Concept Plans. The attached "Site Improvement Plans - Building X for Shingle Creek Crossing" provide the details necessary to approve a site and building plan, including building layout, grading and utilities, and landscaping and lighting. Bldg. X pad site consists of 1.48 acres; and designed to be a 9,400 sf. multi-tenant retail/restaurant building (with 7 tenant spaces); and 51 parking spaces (see diagram below). NO. 10 IF-- ',U T - - -.,- -... •-.. -. .-? -:'--_.,.. EXSVIS EDi4 1 14 LE CREEK VI TRAIL ,. CTI September 2015 - Master Plan (area only) App. INO. LUIJUL) Pc 10/29/2015 Page 3 \\ - .- '\ '\ \ \ \ / The plans submitted by Gatlin do not indicate or specify any identifiable building setbacks from lot lines or roadway lines; but utilizing the scaled maps, staff has approximated the new building setbacks as follows: 85.5-ft. from the northerly line; 624't. from the easterly line; 188-fl, from the southerly line; and 12,75-ft. from the westerly line. \ \\ - '- \ 3 I-'L 1U/29/ZUD Page 4 Development standards in the C2 (Commerce) District provides the following setbacks: Front Yard:35-ft. Rear Yard:40-ft. Side Yard:10-ft. Corner Side:25-ft. Under the original SCC-PUD Agreement of 2011, a select number of building pad sites were approved with reduced setbacks, due in part to the dedication of Twin Lake Regional Trail along Bass Lake Rd./Co. Road 10; and one building affected by the proposed Shingle Creek daylighting improvements. These setbacks are noted as follows: A.The setbacks from public right of ways to buildings are reduced from 35 feet to 20 feet for Lots 7, 8, 9, 12, & 13, Block 1 and 18 feet for Lot 11, Block 1 to offset the dedication of additional right of way for the Twin Lake Regional Trail. B.The setbacks from property lines for a side and rear yard setback are reduced from 10 feet to 6feet for the east and south lot line of Lot 16, Block 1 and from 10 feet to Ofeet for the south lot line of Lot 3, Block 1. When Building L was approved in July 2012, the plan called for the back side of the building to have a 14-ft. setback from the main access drive/roadway, which included a 6-foot setback from the back-edge of the sidewalk to the roadway line; and 18-ft, from the southerly line. nB/ TRASH ENCLOSURE - - - - - - MM '\ \\ D\ \C \\ \'\ -2s--- \ /- - Although the setbacks for Building L were never specifically addressed under the Site and /-)pp. INO. LUIJUIJ PC 10/29/2015 Page 5 Building Plan review of 2012, the PUD Amendments Nos, 3 and 4, along with the following Site and Building Plans for this particular building pad site, were essentially approved by the final acceptance and action by the City Council [of the PUD Amendments and Site Plans]. Normally, on the case of a "corner lot" such as this one, the narrow width or dimension that abuts a street/access road may be considered the "Front Yard" while the other (longer dimension) side that abuts the street can be considered the Corner Side Yard setback purposes. By holding this site to these regular C2 Zone setback standards, one could argue that the building does not meet the corner side yard setback of 25-feet. Conversely, some could argue that the true "front" of the building is the east elevation side (facing towards old Kohl's) - and that the rear setback of 12.75 feet is well under the 40-foot standard. One of the paramount benefits of developing under a PUD is to allow or provide the developer some flexibility in design standards and development layouts, which in some cases includes building setbacks. This entire PUD, both existing and planned developed sites, reveals obvious allowances and flexibility to these setback standards. For all intents and purposes, when the City accepts or approves a master development plan or amendments thereto, (in this case - Shingle Creek Crossing Master Plan- September 2015), the planned layouts, along with assumed setbacks, are essentially approved under the PUD process, and can be extended to the new buildings comprehended under separate Site and Building Plans. To ensure that the city recognizes and acknowledges these reduced setbacks on this proposed building pad site, planning staff is requesting the Planning Commission discuss and provide a recommendation to allowing these reduced setbacks from the roadway. +*.- Architectural The PUD was approved with an overall architectural [elevation] plan as part of the original approvals. All new buildings plan to incorporate 4-sided architecture in their designs, meaning all four elevations must provide a nice, consistent use of material on all four sides of the buildings, including rear elevations. The same architectural elevation plans approved for original Bldg. L will be used on this same Bldg. D site. The building is scheduled to receive a nice mix of stone veneers, EIFS, concrete brick veneers, integrally colored rock face block, spandrel glass and other materials. Most of these architectural materials are consistent with the previously approved Architectural Standards (including materials) the City called for under the original PUD Agreement. LIiL jz.w- •1Ii II 2 App. 1N0. LUID-Uli PC 10/29/2015 Page 6 + Parking Under the current Zoning Code, typical retail stores or uses require "Eleven spaces for the first 2 ,000 square feetofgross floor area or fraction thereof' 5.5 spaces for each additional 1,000 square feet of ross floor area exceeding 2,000 square fee ." Bldg. X site is set to have 51 parking spaces provided on this lot. Under the original (and amended) PUD Agreements for this development site, the Developer was allowed to install 4.5 spaces per 1,000 sq. ft. of GFA for any commercial/retail uses. The proposed Bldg. X is planned for 9,400 sf. in GFA, which would require a minimum of 43 parking spaces, calculated as follows: 9,400 sf. / 1,000 = 9.4 x 4.5 spaces = 42.3, or 43 required spaces. As indicated in the PUD Amendment No, 7 report (presented earlier), the adopted Single Creek Crossing PUD Plans indicate the Kohl's site contains 447 spaces. Since the Kohl's site is considered part of the Shingle Creek Crossing PUP, the PUD Agreement which governs area and surrounding development sites allows the reduced parking ratio 4.5/1,000 sf.; which in this case requires the Kohl's site to provide only 338 spaces, which reflects 109 additional spaces. Due to the development of this new building within the established parking lot area of the old Kohl's site, the Developer has ensured that any loss of parking to the old Kohl's site and any added parking inside the newly created lot for Building X will provide the required and adequate amount of parking for each area. Once this Bldg. X area is completed, the Kohl's site will contain 342 spaces, while Bldg. X parcel will contain 51 spaces. As a result of this change to the PUD and reallocation of parking on each parcel, both lots will meet (exceed) the required 4.5 spaces per 1,000 sf. thresholds. The new 9,400 sf. Building X will provide an ideal opportunity to add complementary and adjacent commercial or retail uses next to the larger and planned retail use inside the old Kohl's building; along with the city's EDA lot north of Building X lot, which has been targeted as either a future pharmacy or restaurant use. + Demolition (Remov als) The demo plans call for the removal of the parking area within this new (proposed) building pad site, which includes a few concrete curbed parking islands and some perimeter landscaped areas. It should be pointed out that the plans identify and existing storm sewer structure near the southwest corner of the development lot, which serves as a sediment trap (also called a grit- chamber) and provides storm water quality treatment in this parking lot area. The plans call for this grit chamber to be protected and undisturbed by any work in this area. As indicated under the PUD Amendment report of Application No. 2015-011, the building's Demolition Plans call for the removal of the existing sidewalk this area, with plans to replace the walkway right up next to the new buildings. Once again staff recommends the Developer either leave this walkway in place and simply build the new building in the limits of the current parking lot (as shown in the site photo below); or shift the easterly lot line slightly to the east; or shift the building away from the sidewalk and install new access pads or landings for each door entry. + Grading/DrainagelUtilities The finished grades and drainage grades for this this site appears to be minimal with little App. No. 2015-013 PC 10/29/2015 Page 7 changes from the existing elevations to the after-development conditions. The site plans and related attachment plans included a separate grading and drainage plan for this site. The site is scheduled to receive two new catch basins, with minimal amount of 12-inch storm pipes, which will be tied into the existing system that serves this former Kohl's site. All areas of this site appear to drain properly or do not require any special drainage structures or modification prior to building approvals. The Building's gas electrical and phone lines will be served and tied into the existing facilities located across the aces road to the west. Water service will be provided by a new 6-inch service line that is fed from an existing 1 6inch water main line under the Kohl's parking area to the east. Sanitary service will be connected to the existing service main line to the north and running underneath the main entrance driveway to Kohl's. All of these services and connections will be reviewed and eventually approved by the City Engineer and City Building Official prior to and during construction, Landscaping The Applicant has submitted a landscape plan which appears to be consistent with the previously approved PUD Master Plan. Plans call for the installation of 21 over story deciduous trees, such as white oaks, hackbelTy, elms and locust varieties. The plantings also include 3 different types of ornamental trees, and 3 new evergreen trees; and the parking islands will be planted with certain varieties of shrubs and perennials. All trees and landscaped areas will be irrigated. Lighting/Trash The site plans also contained a photometric and light plan, which calls for calls for additional lighting in the parking and wall pack lights on the building. The photometric plan illustrates the main front area of the building will be provided with suitable and adequate light coverage, with pedestrian lighting along the outer walkways. A new dual trash enclosure will be installed on the south side of the new building. This new enclosure must be built with similar or same materials as the principal building; and doors must be locked or kept closed during and after normal business hours. CITY ENGINEER REVIEW The City Engineer has provided a review and comments regarding this Site and Building Plan application in his October 22, 2015 memorandum, which is included as part of this report. Most of these comments and conditions reflect the improvements approved under the PUD Plan amendment. Some of these conditions may be applicable at time of future building permit review and approvals. RECOMMENDATION Staff recommends the Planning Commission adopt the attached Resolution No. 2015-12, which comprehends the approval of Planning Application No. 2015-013, the Site and Building Plan for the proposed Building X pad site, which is part of the Shingle Creek Crossing Planned Unit Development, subject to the following conditions: App. No. 2015-013 PC 10/29/2015 Page 8 Developer/Applicant agrees to comply with all conditions or provisions noted in the City Engineer's Review memo, dated October 22, 2015. 2.The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 3.Final grading, drainage, utility and erosion control plans and any other site engineering elated issues are subject to review and approval by the City Engineer prior to the issuance of permits. 4.The Developer shall provide additional building treatments or decorative features to screen the outside electrical panels and gas meters should they be located on the outside of the new building. These screening elements shall be approved by the City's Business and Development Director. 5.Any outside trash disposal facilities and roof top or on-ground mechanical equipment shall be appropriately screened from view. 6.An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7.Site Plan approval is exclusive of all final signs on this site, including new wall (building) signs, which shall remain subject to Chapter 34 of the city ordinances, and subject to the approved Signage Plan of the Shingle Creek Crossing PUD Agreements. 8.Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City's Engineering Department and applicant shall obtain an NPDES construction site erosion permit from the Minnesota Pollution Control Agency prior to disturbing the site. 9.Any major changes or modifications made to this PUD Development/Site and Building Plan can only be made by an amendment to this PUD, which shall include an updated Development/Site Plan if necessary. 10.The Developer shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 11.All other provisions, standards and variations provided under the 2011 Shingle Creek Crossing PUD shall remain in effect. Attachments o Planning Commission Resolution No. 2015-14 o City Engineer's Review Memo - dated 10/22/2015 o Site and Building Plans for Bldg. X - Shingle Creek Crossing (09/29/2015) App. NO. LUID-U1.i PC 10/29/2015 Page 9 MEMORANDUM DATE: October 22, 2015 TO: Tim Benetti, Planning and Zoning Specialist FROM: Andrew Hogg, Assistant City Engineer SUBJECT: Public Works PUD Amendment No. 7, Site Plan and Preliminary Plat Review Memo - Shingle Creek Crossing - Building X Public Works staff has reviewed the 12 sheet set of plans entitled Shingle Creek Crossing PUD Amendment 7, Preliminary Plat Single Creek Crossing 6th Addition, and Site Improvement Plans Building X which were prepared by Kimley-Horn and Associates, Inc.; dated September 29, 2015. PUD Amendment 7 applies only to Kohl's and Building X sites. The major effects of the proposed revisions as part of PUD Amendment 7 over the currently approved PUD Amendment No. 6 are as follows: • Subdivide Kohl's lot. o Added Building X and modified site layout. The following comments are offered relative to the above-referenced submittals. They are contingent upon preliminary and final plat approval, final site plans and land alteration/building permit submittals and approval. PUD Itenis Shingle Creek Crossing PUD Amendment 7: 1.See the following comments. Preliminaiy Plat - Shingle Creek Crossing 6' Addition: 2.This preliminary plan review is being performed under the premise that the re-platting is being requested for the sole purpose of revising the property lines as depicted in the attached drawing. It is assumed that all prior approval elements pertaining to the applicable PUD and amendments, preliminary and final plats, plan reviews and building/land alteration permits are to remain consistent with those approvals and remained unchanged with the exception of the aforementioned property lines. Under this premise, the proposed property line revisions appear to pose no negative impacts to the development and are consistent with City requirements. The only known impacts of the revisions pertain to the shifting of parking designation ratios, which minimums are met. 3.All recommendations and requirements approved as part of previous actions pertaining to all prior PUD/PUD amendment approvals, Preliminary Plan approvals and Final Plat approvals relative to this development and/or portions thereof are withstanding and must be incorporated into the final plans. 4.The following comments are contingent upon final plat approval, final site plan and land alteration/building permit submittal and approval for PUD Amendment 7 of the Shingle Creek Crossing Development. 5. An updated certified abstract of title or registered property report must be provided to the City Engineer and City Attorney for review at the time of the preliminary plat application (within 30 days of preliminary plat application). Additionally, this will need to stay current and be updated through the approval process as required to maintain and be current within PUD Amendment No. 7 Plan Review —Shingle Creek Page 2 October 22, 2015 30 days of release of the final plat. 6.The applicant is responsible for coordinating site development plans with Xcel Energy, CenterPoint Energy, Qwest Communications and other private utility companies. Any further easements necessary to provide utility service to the proposed site development shall be dedicated to the public for public use with the final plat. 7.Upon project completion the applicant must submit an as-built survey of the property, improvements, and utility service lines and structures; and provide certified record drawings of all project plan sheets depicting any associated private and/or public improvements, revisions and adjustments prior to issuance of the certificate of occupancy. The as-built survey must also verify that all property corners have been established and are in place at the completion of the project as determined and directed by the City Engineer. 8.Inspection for the private site improvements must be performed by the developer's design/project engineer. Upon project completion the design/project engineer must formally certify through a letter that the project was built in conformance with the approved plans and under the design/project engineer's immediate and direct supervision. The designer/project engineer must be certified in the State of Minnesota and must certify all required as-built drawings (which are separate from the as-built survey). 9.Rededicating and terminating certain easements are required as part of the required replatting. Formal vacation documents are required and must contain easement vacation descriptions and depiction exhibits signed by a professional surveyor. A separate application is required for the easement vacation actions. 10.No portion of building or appurtenant structures may encroach on the City drainage and utility easement. Site Improvement Plans - Building X: 11.See redline plan sheets for additional plan comments. 12.Plans must provide 1" abstraction from all impervious surface for the entire site (1.3 acres impervious area per plan sheet 6020) to meet Shingle Creek Watershed Commission rules. Update plans and stormwater narrative as necessary. Provide design calculations. 13.Existing stormwater facility must be able to be accessible and maintained. Suggested consideration should be given to replacing the existing facility. 14.Building X rear doors open directly on to sidewalk. Revise sidewalk to provide clear zone with safety factor. 15.A utility facilities easement agreement is required that will provide the City perpetual accessibility to all private utilities and storm drainage areas to inspect and enforce proper utility service and maintenance for the entire site. This easement agreement also includes private inspection, maintenance and reporting responsibilities, and must be executed prior to issuance of building and land alteration permits. 16. A drainage and utility easement encompassing all storm water treatment facilities must be dedicated on the plat. 17.All work performed and materials used for construction of utilities must conform to the City of Brooklyn Center's standard specifications and details. The City's standard details must be included in the plans. 18.The final plans must be certified by a licensed engineer in the State of Minnesota and forwarded to the City Engineer for approval. General Items: PUD Amendment No. 7 Plan Review —Shingle Creek Page 3 October 22, 2015 Agreements: 19, A Performance Agreement is required that includes all conditions of the project approval, subject to the final site plan approval by the City Engineer. Anticipated Permitting: 20.A City of Brooklyn Center land disturbance permit is required. 21.A City of Brooklyn Center building permit is required. 22.A City of Brooklyn Center water and sewer permit is required. 23.An MPCA NPDES permit is required. 24.An MPCA sanitary sewer permit may be required. 25.A MN Department of Health water main extension permit may be required. 26.Other permits not listed may be required and are the responsibility of the developer to obtain as warranted. Prior to issuance of rt Land Alteration and Building Permit: 27.Submit recorded copies of all required agreements. 28.Copies of all required permits must be provided to the City prior to issuance of applicable building and land disturbance permits. 29.Final construction/demolition plans and specifications need to be received and approved by the City Engineer in form and format as determined by the City. The final plan must comply with the approved preliminary plan. 30.A letter of credit or cash escrow shall be deposited with the City in the amount of 100% of the estimated cost in the amount estimated by the developer and determined by the City to comply with land alteration requirement, site improvement, and restoration of the site. The City may incrementally reduce the amount of the surety if work is completed and accepted. 31.A Construction Management Plan and Agreement is required that addresses general construction activities and management provisions, traffic control provisions, haul routes, emergency management provisions, storm water pollution prevention plan provisions, tree protection provisions, general public welfare and safety provisions, definition of responsibility provisions, temporary parking provisions, overall site condition provisions, and non-compliance provisions. The plan must be in a City approved format and must outline minimum site management practices and penalties for non-compliance. A $2,500 cash deposit is required as part of the non-compliance provision. Through this document, the developer and property owner will acknowledge: a)The property will be brought into compliance within 24 hours of notification of a violation of the construction management plan, other conditions of approval or City code standards. b)If compliance is not achieved, the City will use any or all of the escrow dollars to correct any deficiency and/or issue. 32. A preconstruction conference must be scheduled and held with City staff and other entities designated by the City. All aforementioned items, comments and recommendations are provided based on the information submitted by the applicant at the time of this review. The PUD amendment and site plan must be developed and maintained in substantial conformance with the referenced plans, unless modified by the staff recommended conditions above. 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LU I . - looloilloolill -- :iI!!111111 111111 \ \ \'\\\k\ 0,qIqC0C Xq odctC guOZ CC Os — N1d 1S5355511 009\C €UIs\$I0v5 Iv\c Ssvnd\assO\CMNS aTvavooss\1Ns,Idsu\sa vlisD\A3OrNIIfyN City Council Meeting November 9, 2015 Agenda Item No. 9.d Gatlin Development requesting review and consideration of a Site and Building Plan for the proposed multi-tenant retail building labeled “X” in the Shingle Creek Crossing Planned Unit Development (PUD). Building X can only be developed subject to the approval of the proposed Shingle Creek Crossing PUD Amendment No. 7 and new Shingle Creek Crossing 6th Addition subdivision plat, both separate considerations. Oct. 29th Planning Commission - Site Plan item was presented, along with the PUD Amendment & proposed SCC 6th Addition plat; with no comments/objections from the public. Introduction Location/Aerial Map PUD Plan SITE Plan SITE Plan 85.5-ft. from the northerly line; 62 -ft. from the easterly line; 188-ft. from the southerly line; and 12.75-ft. from the westerly line. Developer has verbally committed to shift/move building in towards the lot and off the back (rear) property line to allow more room for rear service doors away from sidewalk Grading/Drainage Plan Utility Plan Landscape Plan Lighting/Photometric Plan Architectural Plan Floor Layout Plan Recommendation Oct. 29th meeting - Planning Commission adopted Resolution No. 2015 -14, which provides unanimous support and recommends the Council approve Planning Application No. 2015 -013 , the Site and Building Plan for the proposed Building X site, subject to the certain conditions. Adopt the Resolution Regarding the Disposition of Planning Commission Application No. 2015 -013 , Submitted by Gatlin Development Company, Requesting Approval of the Site and Building Plan for Proposed Building X within the Shingle Creek Crossing Planned Unit Development (Located at 2510 County Road 10) City Council Agenda Item No. 10 City C©iuindll Agenda It©inni No. lOa Oty Council Agenda Item No. lOa #1 COUNCIL ITEM MEMORANDUM DATE: November 09, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 5337 Girard 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 5337 Girard Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting, Background: This owner is applying for a new rental license. This is a single family property. This property qualifies for a Type IV Rental License based on thirty-two (32) property code violations found during the initial rental license inspection. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 06-26-2015 The Owner, Joseph & Tracy Groves, applied for an initial rental dwelling license for 5337 Girard Ave N, a single family property. 06-30-2015 An initial rental license inspection was conducted. 32 property code violations were cited, see attached rental criteria. 08-31-2015 A second inspection was conducted and passed. 09-03-2015 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. Jjissio,: Ensuring an attractive, clean, safe inclusive coniununily that eulutuices the tjiialitj' ojlste for ((llpeopk' aiidpieserves the public (rust COUNCIL ITEM MEMORANDUM 09-22-2015 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. 09-24-2015 A Mitigation Plan was submitted. 10-27-2015 The Mitigation Plan was finalized. 11-02-2015 A letter was sent to the owner notifying that the hearing before the Council will be held November 09, 2015. If approved, after six months, a new rental license is required. The license process will begin in approximately four months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENS ES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police 11'Jiss,oii: Ensuring uli attractive, clean, saft, inclusive conunhinity that enhances the quality ojlI' for all people and preserves (be public tiiisf COUNCIL ITEM MEMORANDUM and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 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 030840 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 aitracth'e, clean, safe, inclusive conuiwmtv that cnliuiiccs the qiialitj oJ'lt /n' all people and pieseives the public trust COUNCIL ITEM MEMORANDUM Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. o At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit ________ Type I - 3 Year 1-2 units 0-1 3+ units 0-0.75 Type II - 2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51 8B.01, Subd, 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd, 2 (a). A'!fssion: Ensuring an attractive, clean saft', inclusive connnunhtr that enhances the qualify oJ'lift' for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 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 S or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: Enhanced Community Image Attachment - Mitigation Plan !'fission: Ensuring an aUracth'', clean, safe, inclusive caneinunhty That enhances the quality of lift fin cli people and preserves the public tins! DicI iooIt CENTER :BIJ UIDING AND COI'ThI'UNiTY RLniu1 Lirnn Mil 9lticr PUn Typo IV Lcre P nc W ncif,bo ampfad. A IIIeLI krm can hi iwii1 co Tht Cit' eb-1e 1 :kIri itrrircJ i:r r.iII 703 Ci u, h a ve an electfu lit iip' 0JJ As e11!ifl. Propry A'idrE: fla? Q, Wj rd Own&b Nams o y i nah !. T.1'nYi Cwiif. Idri5: $1IJ I J!.Ui 12 1H.'7-4 R-ik, HNI News Ii)ri Ownt!r Ern; CuTent E:piatii Li s l e : LOW A , AjnI'; A oenVa II(i. Pon-d'nq Exp ute:frç: IIDjr' n.ri' k.n on prorty cog dit i ms anSor Jt JliL iiiic;inc.j iicn1, t a ab 0 v rerncd pr!y qi..iIfic fore type N-i 1onUi fei11i LiiE, Priric 4 Ip p I ic.iti;i .9IC'Val by the C.iIy oI..r;iI ji fully crnpE Mak'n II.f1 irLit b riItIy !d ond .pprood by Cit' VIOL A 1UWWWn PIeri ru1 be completed unmehof W üidr la lim c ly ioripkton of tie Lene iFiIirri prcc "Re Wfl at hi Pi MW iidicjt Ihi lp I;.n kn t' 'crr't iiiIied ind A wic as urDs t hslwiH be :en Ic eriJi'e a ng b ifig iriIinr wiIh CJrdinrCe a nd O p p u c ablu I'Ji:lc, A 1itiqetcn Pn abows he iner id Ciy li rwii1 1,! concorr .id itJinliy POWN soldions 10 h7vvrova o\erit con ofi llorB of li ly, Mc Mlliqcn PIri 4 riot PJLlrrl ;rtd I iloms erc not cJDripI0td 'viIIiin Me peridivi lit :o n o r (ho aho'io proporly bj.irid Iicno cxpiraJop.. dale, Eifren)iil CliU F! i r,itIion lornal c.crririt, or II rie rr.^q roiIt fih hnRtinq fiII.-itit Sections A, E, and C Iotw.I cia pugcr 2 34 nd P*ii 1' Yi '1 R.,aV Liv. Al iIieimv Piin, 1' Pity Pf XIT k1 f1 5fl Tn e1ui[itn'i niiid co pnrflu Idly Dirnail l':rH SC-21' flI:IH 1 ISf 117I1 r [?) ILDfl'IC JN C 0MMtTh1TY STANDARDS 5337 NOWn"nim F1tLLLIThLMIPhTh iiciri ACr'u Pir)ffIirl R mq, rilroml3,7r Phase I tji LJi ; irn lzio .1rc:cnn1. Tcie Ieae rirl Ii fl rzIii iho C'irie WE ljLIiq ;Lcae Adder.dim. A py Litt hu ki;o an rErnet1tand CA hie Frue H9iiII1 Lr Mdenthni must Ie aRached lo tho Mik tloi Plan when auThtui1d, j 23 iVco Ic pursue me 1eirriln1icn or l;i:u ; rrrit or 0 lior of InaI• '.kiI10 Iho trms of 'Oe r aiw mii ji cANNO l ; lJr':J' cI chk for all ne.KNisacuaM 1i new I::nr u;1 hck i. noL rquire. Mu be thl ic prcwdo docrria1ior, to My d requedled, J olf Al -r d Cir' -ipprovc' QN-hon Chime We r' i u t iinir riro iomlloi' appr&d t;riiJiiIDi sari bo irid at wW 1Uii L1niftr Ih Thi(rcr a,'id Ey.z A cQp , of the Crim lre l-U!JSlflj CLttiffJQ rnL!t be at ;heci ii the .!itiquficirb Plan whr,n rhniltted C rirn Froo i&iin iralrdn wa rrTh 3GhcdiIlc' for.1 1L crrier ora ierl prrriii:j la a1i:n; training at city of: E?IJ !. SuLirrilt F1UriIhIy L)pi Iiy ti' 10 " da'i c4 eath Phase 11 1111 } Coriplk i :irijy ! rnorit aid rip!ernaI! ltp i'irirth; ruqt ctod b tic OOn. Crikr Fc flrptrm,riL To Echadule an Mall or kIk)'.cIp Sccjrit' Asswunonq pill 3i .5UO-24l. A rncintriut be cc'niplted be Tora, u lionnan opirtin djile lo whN ME sewly irnpr vmcni bave San itipleniented.. If a SewdlyAnResumant has boor pre.iouly cotilkU Wo iho cmeUci 6xv. ", 1fEkiu Zr ASUMSMOM WSSUOrnpleled OILi LIiJUIL 1:1 r r ur'jrjI ' Aesnir1 loll . iinpIi fr hPC L ed 101 .... C Con.Unwa S lkiri A ll '' page .1 - - frdr5 iry Uro3 IIL C-il.r— ...flrI1 1dctiiu— I w cI.cr - iIrc, ':.]1 Cn>:I; powt I p Ii' II 1 City C' BROOKLYN CENUR L1jc AND C OMM1JNI-TY STANDARDS I Licormn rh19$Qfl P1 ji flL - i[kiir. A -Cum ry Frii P.oThq eqri'ri (rt?in'm) P io III EEII OrIi-( or Iji::rl ':iU t-WrtMa 1 niur: 12) ft1i A. tin Tho AR M. rtir!j!,. mu!jt hq uumpletedwithla the i&nt kütiu p kxjowl Iifor- thO. p'iidirij Typr IV LltnGo irition RE9.slushorl is riI iquincJ ho'oior you 1)J s g s 'Jri h I Lidi ii I uO r n, I l ijig,C' I C' rraot. flq it an ouner or iyi ii in EItnid. I / i'J QT,nr cir ogantwAll atlerm ,A.R H niee1iri Iud p 11cLI1fl!1b 2 11Lve n iUkIiUfl e'iiiii1yinorIod wh the p 3st year Th Frilc'kg acticms sire req ulred toe p pei-l!i with Four or mijr Conduct reicier.I if 'j iriLiI1' tia irjr,1 in crirno prcv'onon te.hr'ie 2] Cciridu1 ruir fc n i:Jnit iiijnir F F5',v,.'aI L:'iri(i M •.ibii ,tyi, 4-'41 CIv n1JuJJji.jand CLYtiL'uL1 'ILr1Tniill W,'c(IXfli' ! 3 ;11 C''k Ercclni c,ci', ! k 15 E42C2 1 sii t'; :2'J I TTY. F I F' 763 BUILDING .2UD - CGM rrriT Y STANDARDSCit' !f CENT M-R'niI Ucense MIiLiuri PLiri Stions B—uning Trst Based on COfl-itiii. ;ri:i Iir.td rEp aceniiLd-1; cland to ho proid.i for -cnrricn it; iI'rnE. Fur .xii .I:'ik1 he copj'Jcrcj -.ci:irdiiqly.. It err; ihnj ora rj):r, vc'rr, ir irj 'IO11 prkr 10 14! u rr!.l1c: i'ICE'fFiPfl1 'JIe need t: be rc:pI•;cl s ooner. All ILeri rriftI Iii.t date [& IIrii DaWa aueh u "u-riur& --don't 1r -ck'ri" wi]l not , bE ,accepted. J1 you are iJn;ur r[ h:i jfl: iIeiii ',ull nee6 1 ,2:L-0 yu cn pr.iIiun Wed an 1he age, appeerance, .xrILJiIcJi1, or rJriuia'LrEiriJs1iy r'LaII fl-id.Iicirj ,1dibrunl tnrriii1(oi on b _IU LIr1iI Lt can be fOLflJ I Ii id Item DDW, L R-EpIiced CdUcn Eld Replacement Ditc Exi LVJr hlay, 20 1 P My 2O2i 11fl LI 10M4 LLiuth /pp1flci. Srio C,rbc'r, Mi:ir Arri ?(O1.5 H TIT j 17 - Exterior Iiii& F'nt'oiq - 11 F -- Fcnu: Shed 199 f --.--1I C WA MA C'Ihr,r; 'fldi1Ci) ....... t.-- KOM F.fi ;F - -- :Nd n R r, pIi' Pi Tyw iwV.' tu s 1(IILili .4.4. I.> cLl LI if d -IthtUrtIT IIIV ( r'- c H-4 c I j r1 1T'i '1 I I L r.i t1I1jflING AND COMMUNITYi'ApAms City o i _f CENTER c''.r Fl Hulh 1 RurnlA Lr..rrt Mitirii'ckw Plan - - Type NLicense C—p uinpriwq nr?dConWn fptry TI:e iIti ii tii ;cc.ji'n have been r)rcuer, to itIi p(rLi! rn1;n;Ifl1C:fl( EI1d property imiqe. T.he Iciii adhirm neb rcqiifrttizi 1'-d-iri wilh t&n.nt :2) DrB by property t. th'ch ir iLi Lud [ i Etih Ills if] *Ilion of fti ci frIc1 a r ;_;,ny a ddEndunm. 4)FkrrljiTTl currii on 3tu1iIil1i fees, ta:ies, rir, n4li':, other fininci.il menLs di to .t:e CiEy. £ Qiher: T1ie actor1 int Uh[r Tqurci by the CIt' I) Provide[IJ 2:1 Prw.id girb'- re 2.) 1 r.. s ta I I s euriLy Eytm. .FiJ. Prewide ri reJiJrj., rdc pin for rii;c ciip'': CENTERPDNT EHH 5)Other: If tio Type 1Y-G Aorit}i REiI1iI Lhn i Li',' l.io Cily Coiiric1. the licensee r ru sl irrIr wilh lhe ppr.v1 MiL PI;Lr II prtIcba C11y Codes. Arwrilka r.rt mi.t h' .rL'IiLId by the, UI' ± r.141h m'inth wilh R n Update acdons ]kiy Ikiri by ,tho owrior ariWor ant(a cornplywilh this Mitipilan Fin. Mannly Updale can b. friind on 7 A flhI3te form card be ?OLFild üi Hie Cil/ hic aty at :caII II -30 b have an tcrTh cpyi I iii i criiiI Planso ath i'diior-jj Information if m-cessary, - (IIM Cj.j7 ijf D MOWTM S.HLAw7'1 11TflCrL1 Fdlt(C1JiIIi "J I hnJ Cn.c F.j r 31L Fi CH .11r LJl S-i I ir. TçJ 1 ]1jJ I 1T 711 F . - I "i) yr U!LX.t•G +NP çyry STTNDARDS 1ROOIUYN r '? l mi i n i 1 Peciti Leeii MithpLi6it PI,i i Tjr ]VL1Lrvci SIM and Vij .t;if tIitl nll irircrrii;'i pri.d is Vuo and 3ur?1e. I tit IN da noL turipIy wiIh Ihi ;rir .! 1iLii.c1 Phin, r.rnpI' vith al iIcris witiri te Iicrii rk'd, r cerl' yrid Iirii pjlii '1sD, cIior S such rrmai LnwVj_,!aiols, or lRew, hI. utfaill. Jh L4. il•Jci 'iun - Pv"j -Tracy Da ye-Gro e L1UN1111?J? -•.i-ii (w,4 .5JI!JIlff 13 r ar iij ') 1; tv L11, 70 1 1'u(. iI '!J' i' i ,f rr CiyS 3viFi, II ¼;in1nHI — —r --r 4-;i.)) .! J(Y N <)• 1?1I c :II;ui::lp : :lIf.IiI. / Uu ih- pot PIA lVF rA!.LI i:j øil P'31 4444 f ru,IIyn. 1 ..uJ]diw ad co5nXILIAlly Slaxtdacds.iwiI CT1 i R.r j 42ti ..i.jJ I Now I-).II I flY I J ii•- City Council Agenda kern N©0 1 #2 COUNCIL ITEM MEMORANDUM DATE: November 09, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk ^jpw ^^ SUBJECT: Type IV 6-Month Provisional Rental License for 6418 Major 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 6418 Major Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a new rental license. This is a single family property. This property qualifies for a Type IV Rental License based on sixteen (16) property code violations found during the initial rental license inspection. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 08-17-2015 The Owner, Jessica Summers, applied for an initial rental dwelling license for 6418 Major Ave N, a single family property. 08-27-2015 An initial rental license inspection was conducted. 16 property code violations were cited, see attached rental criteria. 09-22-2015 A second inspection was conducted and passed. 10-07-2015 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 10-22-2015 A Mitigation Plan was submitted. Mission: Lnsnniig an attractive, clean, safe, inclusive community that en/omens the quality (If life for nil people and preserves the pub/ie (rust COUNCIL ITEM MEMORANDUM 10-27-2015 The Mitigation Plan was finalized, 11-02-2015 A letter was sent to the owner notifying that the hearing before the Council will be held November 09, 2015. If approved, after six months, a new rental license is required. The license process will begin in approximately four months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LTCENSES 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. ll1iss!oii: Ensurilig an attractive, clean, sefe, inclusive coninn ,iiunty that enluces the quality of lie for all JJCOpIC wzdprescives the public trust COUNCIL ITEM MEMORANDUM 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. 11IISSh)Ji. Ensuring an attraeth'e, clean, safe, inclusive con,inuiiitr that eiel,aiiees the quality oJ1h' tar all people and preserves (lie public trust COUNCIL ITEM MEMORANDUM At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit Type I - 3 Year 1-2 units 0-1 3+ units 0-0.75 Type II 2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes,. Section 518B.01, Subd. 2 (a). !iJLcsion: Ensuring an attractive, clean, sufr, inclusive community that enhances time quality of lifi' for 1111 people aud preserves the public (must COUNCIL ITEM MEMORANDUM 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: . Enhanced Community Image Attachment - Mitigation Plan f'Iis5ioJI: Ensuring an attractive, clean, saf', inclusive conunniuty that enhances the quality QuilL for all people and preserves the public has! BUThDNG AT M:C01^MnMITY STANDARDS RO%1aIYN Rental U re m seCENTER Type IV Ucense HandW&i MIi'r PJm wifi rt be :qod A fillghle ftrm can bu IoU nd O rl the Cl/ webi1e r.enter,crg cr cil] 5&-3330 1,j hove on electrciic capy 5mit LQ OU '113 email. Properly Adra: 641 aj:Dr venuc rçntlri Ccr1rJ S'jmraOe's Nsn!&() Vefrlavd ius 5L11!1S Ors Address: €i5 E FaVEi Lno2iI'(i itiiy, TX 75'33 FThene: - (6121227-9810 O,nor'e Enol: vernsummerjqm3tI,COfli Current EXpIraUcn Date Locali Anit(): hrIrILI jnft'dRtii rJ.çjriI wi Ntn1 P, re a '' (-ud A q QnVr, Addes: 95 .0Ci Hy 10, S dfte 115 Srrnn Lic park MN ^qi arii:'sPhone; i121.11 Agens Email; shminor,fordi 1.recorI Pending Expiia1in D a te, 1C71 rrcni frn currii ipiii) aseU on properly candiliDn anWr valid d plco FU OflCO iflid4,4 rlt5,, tliC OtUDVO referenced property quaTifle (ore Ty R'Ei Month Rental License, Pr-or lo applicalkin approvt y the City' Council a fuliy completed Mitiatin Plan must be cprnpeled and approve y QiLy &1a. A 1.1gaon Nwi must ba cornpleed lrrtmedLatel' in rtJUt to liro Elm oy completion o1Lhe Iicons appllctio process The Mitiqat lwi Plan hnikE indiC;atP, the igeps being taken to cort id eniMw d violations ind tho rriov survni thEJ will bo tUkOFk n UnisUe OflEJOIng orrp1lance voitil City Ordinanees and applicable codes. A Mtigalion :pi lowihe wne arid lhe City to TeVlew facricermand identify po1b1e soluif-7)n-jo imprve vyerll cx)r4fiar,5 of the property, 1Uie Milati'n Plan is not uhrnit1ed, and all kcm5 H no no t. V,, 1-11j , Lhe perdiig l"n mi period, or tho above property operates beyond th& hcenae e>olratioti date, eri1orcemen&:acoris sijeh as citation, formal complaint cr license fe 1 ij ew may resull Uooro s ubmittin g , fill -ou t Secti o ns, A i, fld C lecoted on 2 4, and 5 . Pago !IV Type r,'rii, MtL 1fl1l• w. 4-1-5 City u1dyi ct u[dbi.atd C ilty 3Ql ]Ii OicJ Fiki.y, F.iCiiyfl CE krM' scO-21lU 1-'hn: Ll C33JiiJ I 'flY: 71 I Fax: (I3l 60.iXi BUILDING AND COMMUNITY 5TANDJU)SCitv or CENTER Y4i:ir7 Rental Licenso Type IV Uca rise 1n A—Cr-line Free i'-us1nq Prorm Ruirement PJieee I t) Uewri1ten lciü agemrr1t. ?h reenrihlirR.0 the Crime Free HIn.Jir!j LeseAdthrdurn. Acopy of the mritand CTIme,Fri Housing Lase Addendum niui be attached to the Mltltkm NLm wion submitted, 2 Agree to pdrstio. No tann -nion or leaRe 9qre3flin1 or cvk!ion of ter(ows who to the terms Df the, Ieao c a ny dwidim. E1 ) Conduct criminol b ercun che'k for all new prosper l/6, Ien InLs, if it is curTer tornt new b kground chc i rwl rqured. Must be le tn provide um'ititiOn ki Cily If roqucid. fj3 4) AttErd 'i C approved tih hour Cnrr Free Hcinnç trlrIrfl rjure lrifbrmalion mr 1 ppru\ed cour n be found al ww ricparit under the Evorfls ib. A copy of ti-re Crim e Free -uirj Cortiricats must Ie attached to th MitrUrr PhII1 when ;UbrflttBd / Crim Free Housing Lririrj w3F, comp?,etod onjis stheduh!d f - tr r cnt fterded' planning lo nten in ni tt ciy or rD\lri Gn1r 11 'I21C)Yn )Submil, Mori1i ilpdite Ly tF & 1 O' daybf LdCh month ç j Pha:se If V I j- 1 j 1) CorrpEta a Security Amrt end implement irnprovemerpts requested by the roo1iyn Center POku OuporunLant. Tc schpdulean inWnl or ldtow.up Security /ernen. ca l l 763) 934l Afdlow-up semneni mv -st Lie More the Flcne epJrsUn date to verify the &cu thy liPPr0v0rn2n1S hRyE been mplemerted If o, Security Azemam has bc-h previguly rompleted write the cnpetier date --- tLiriLy A smentwaa complEted on/b hedtied for: I Seourity Ac iifiow-ip liYaS C oMpleted criis cI-rediled fer: 1i' i4 )J i L Contiriue Sections A, Phase IH on pr& 3. F4Q 2/ TLiviV1 ntir i? 4-4-5 City tQ1 --1Urii C t'tth EiCl Shiik CreT cikPjfl tcnh1r, Mri r41-2fi hue [T6 531 TTY. 7 11 I I(7) BUI LDING AN D roMrwrIrra1T sirmiuscity by HR'OOELYX V iJr 'rJI1 drLIJI4 I iI r Ri.ntl Liene tILIri Plan Type L icenso 5Ecir• A —CrLrne Free 1Pttgrm equfr&moi (tirwed Phase IIJ [ 1 Owner or, aporil wilka ttpnd e mini rpum J% (2) Of 1e ASW. rtirs. The AJ,M UP completed within thi, rrntal U Q ensaperlodand bfora th e pending Type N U c onso t.x plrat ibn date, lstr1ion is not 1qLJired, :hOwOVuryGu mutn-kTi during the me1ing, Alta Iwo mLng dte5 ir' ownor ot a g ent pi&t 10. nthnd. Owner or g entNviRattend A-R. Kkrn edi n gs i1fl2IC fl(t 4il6 1 2) Havo;iu re peal cada vlol a tjnnspreviou ^,Iy dumntt with tho vast yr. .hefo ll wMng tjalo t!Sreqt.iErer fo r prQpertFs with fir (4) or mere wits, 1)CDndwi reider trlrin:nj aii(fliiIj thi1 inckrd crime jrevooLkri [chrhu, 2)Ofl'JUG roiilar rEsdert Fqga M& Ru n tal 44415 C1tr cd ]rioJyn n t it WtL i1 C4nyrti1 Dprtmet DrJ.n i-flr, I1P' 54 J 2IL PrIi iJ5 3 TTY. 7 1 1 I BUMDrN'U A ND coMriumy srmiiws ZqYjIEN BraaI Llc orme Mitigation TI Plan Sectftn B.—Lorpj Thi-m Cap i1 prtwerntn! PIri on condjticn Emo age, tumated fepc&m?n da& jd ba he prodded for xrnrnori e apftal kern s . rundin. huId be con slCürad cc'rinly. Itams ht aro b riA en, worn, or cAhervoisa in iotIon prior to the iastl rna t ed repIacaer d?ta ne&J to be reI3ccd sconer. AI ft emis rnv5tavr date for Eifliare Rpi mnt Dateuch jruTCu!"d o n 't know or 'when brckn 1 ' Wi l l riot Je a cc epted. If you are unnure of wn rdn ilem will ri p- ed tcF he repIcd. you c o nmake a predictjn ba s ed no the pperarco, c o ndi t ion, or inufacreI1rd1ry reoomndthna, MdLonl iriformaton on Expe vted lJafuI Life Ca rl to found at vw.udov, iter) D a te Last RcpIoed &rnpia,' Wafer ktgew My 2010 Jtivarj 200 Water Healer KiLhn Appliroas irAJarr 2C5 Luiithy Ap plfl a ncL s ry 2a15 Smoke Afarms! C8rboJ-1 Monoxi d e Alarm-s AuL14 Ederior ltenj PairiLSidir W indows Jun i&i Rapf July200S - F&rirx AurI 1lBO shed rage Au ^ljst 150 Drwy :Jat il)t 1O)2 Other: 1 Cgnd Won Abron: NewN Cordftkin xpetad Repl4oc emont Dat e F May 2020oI Jum 2031) GEl Jiina 2020 Jiri 2025 Ma Y 2025 .Auqut 2024 June 2020 June 2025 JLII Aug 2017 Aug1 Q) Au^un,, 2 M5 0TEI Augul 2'O FairF 01 ee lo'mcntR fv414-5 rk' o fraokyii C ._guzIdimr ad .nezdm Npa ttmcrit w cIrftcmcurLr(c 0l i.r IC FUI1ir, Drtc4Iyn I Flin: 1?e3:e r vrii I B UI LDINGD COMMUNITY STANDARDSCityBROOKLYN[i1a r;ij' A'.in ti License Mitigation PIan Type IV Licna SetJcis c--Steps to Ipre Mn ernnr nI Cdii ditfons 0 Prper -y Tho Items In. lhjs se.tioti lu3%ie hEr pr.r.r1 to asskt with property manernen property imcje. The tt[wn IThn re requlreth ii Check-i[i wt11 [nan1s every 30dy 2 Drtv€i by property to C1iitk for pOsa1be Code VlolEtianrs. 3} Z vlv ton@ Ms in vInf,9 41ion ol the Iaoo or 8ny ddendurne. J 4) RIMVIn currni ne-i 311 ufihjy fees, tai fine, poriii, financial olairnripayn nta due to the CIy, fl 51 Other The loflowtny actiDrs are opIJeni tffles required by the City. LII 1) ?rcvh kwnsnow J 2) Provida garbage nstII PCiJ?It/ yst6m. J 4) Picfvid e melrlenane sswqct ptain for Appliances, Name af servic'e company El 5)01be: If Type IV-G Monib Rent1 Uco;nsa Is pprov6d by the City Coundi he 1icerse rnet .ornp Mlh tho ppored Mitigation Plan and all appfinble iy Code. A written rport muet be brnFtted by Ifin 111' day of euch month with an update oF actions being tkir by tha owner ndkr agent to comply with this Mitigation Plan, A copy of thtj MWthly Update Van be round on pe 7, Millableform can be foirJ on the Ct1s wotifte at orcIt (7) 569-3.330 to h avo i •lctrc'nic copy serit to you via al. Please amch addirionall jr1fDrmation if i,essry. il7 f IT irnCn ulI4IT d L3J1 $Hnga cr FrIw. BruI,-i Cilr JN 219 PJ' (M)55:3,4330 I TT -V: ill (J 3h4-D BTJILDmG AND COMMTrNfl'Y .STANDRDS City & [ CENT r CCJ Rnti] Lire Hit ttn Plan Type IV License Sign and VFit1 verify that all irifti-matt-onprTivAed is irue ird arciural,e, I ii rlaiic th.t if I & nOt 'imply Mlb the ppro'd 1 t-ori F'lar, riy with all hems hh Iii Ihe Firerie rperote beyond Ui license expiratfon date, enforcoment acllicm5suchasdtatns. formalcunpl8ints, or icee mview ny ruft, hnr 5ErirUrd, Lkrncçd Rep! E1te Ant iw &rAgunrrre r? 7Ie (R' P'nr) e Ar ; rr Dn int Owtir erYj..-jam -arid Tire Priri1) Aii'OwT?r'jrr1r iGi) Dare Cty Sfiff only 14L Pci Oijrf IV& I / 0, 127 4( J Liam p :d 5p rv 444- r City flkririkIyn gtm4udd Dtiparbmant L!t1 i'ii OJk PM-y, tJr cnir, }AN I Fhie:4 TTY:711 F:(T) -3U City Coimci1 Agenda Item No. 1©a #3 COUNCIL ITEM MEMORANDUM DATE: November 09, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 7143 France 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 7143 France Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family property. The previous rental license was a Type II Rental License. This property qualifies for a Type IV Rental License based on seventeen (17) property code violations found during the initial rental license inspection and zero (0) validated police nuisance incidents for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 07-13-2015 The Owner, Yi Lin & Khai Hong Lim Properties applied for renewal of the rental dwelling license for 7143 France Ave N, a single family dwelling. 08-14-2015 An initial rental license inspection was conducted. 17 property code violations were cited, see attached rental criteria. 09-15-2015 A second rental inspection was conducted and failed. A $100 reinspection fee was charged to the property. 09-23-2015 The $100 reinspection fee was paid. 09-30-2015 A third inspection was conducted and passed. 09-30-2015 The previous rental license expired. It!ssioii: E,iiiiing ai attnictii'e, cFe(lfl s*. inclusive comili willy that en/sauces the quality of lift .fol . people aisdpreseiPes (lie public (sust COUNCIL ITEM MEMORANDUM 10-07-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 10-07-2015 A letter was sent to the owner(s) no of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 10-20-2015 A Mitigation Plan was submitted. 10-27-2015 The Mitigation Plan was finalized. 11-02-2015 A letter was sent to the owner notifying that the hearing before the Council will be held November 09, 2015. If approved, after six months, a new rental license is required. The license process will begin within two months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinance 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. L 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 eii1racIi4C, clean, stife. inclusive cOniflUtflftV that enhuouleL's the quality of life Joi all people and preserves lb e public (rust 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 03-0840 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. iWissioii: Envuriiig an altractive, clean, saIl?, inclusive com,fluflil,V that enhances the quality of/ill? for 11 11 people mid preserves the public tills! COUNCIL ITEM MEMORANDUM Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: At least 75% of units will be inspected for properties with 15 or less units. o 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 Number of Units 1-2 units 3+ units 1-2 units 3+ units 1-2 units 3+ units Property Code Violations per Inspected Unit 0-0.75 Greater than 1 but not more than 4 Greater than 0.75 but not more than 1.5 Greater than 4 but not more than 8 Greater than 1.5 but not more than 3 License Category (Based on Property Code Only) Type l-3 Year Type II —2 Year Type III - 1 Year Type IV —6 Months its L 3+ units b. Police Service Calls. Greater than 8 Greater than 3 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, sqf, inclusive COHUiZUIZIt.V that enlifliWeS the quality of 1fe Joi' a ll people and preserves the public trust COUNCIL ITEM MEMORANDUM Number of Units Validated Calls for Disorderly ConductL 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: Enhanced Community Image Attachment - Mitigation Plan VJhsio,i: Ensuring ills attractive, clean, saft. inclusive COHIIIFUJII(.V that cu/sauces the quality oJlte fos all people and preserves the public tins! -• city of rN GENTEF. rnJILDING AND COMMUNITY STANDARDS Rnt Li c nrlit i gaftri Pl a n -Type N Lrie ndWthr? .fla?mfl PThns 1JHO 4i ptec \ i1lhl rm can b un-d n City's1- ,iitB 3 1 eeklyce rite r o or - oll 73) 5G9-33C' La hvo on ülUll py rL I'D GU 'iia Prc'priy Add. 13 1 ro;kIr Crl, MN 55.3D Cn -,-4 r's N rnôç): Yl LM Own dF'- 1227E p a r t^d Er P.IN t3425 1'(48 McWerieW a M 111 1N 5 61 f Owrior's Phone: 13j --: OwTIUCS Lnnul 0qIm21E1yah00 crn ent Er11311 ' erI m2COOtu1fl cn C jrrrt Ep co1n Date iiff Pn ngX7Irio - tr41fl OB tj on propUrtl cnditiofl5 and/or 'Iidled police nuisance incidents tlo rfGrenod oopuf19 qualilies for a T y pe "/- Morh Rntl Lina. Prior to app! ctiQn pproVit by Iho Cfty ff. A Council a fUlly ompleted otin Plan rnut ompleted and a pproved by Ciy sia 1itiion PIBn rntb nipl^1d modiotot ocdot t n1ir Limol' corrpteiQfl or the Iiceao applO1iOfl pr e5s Th Mitigation Plan sh o uld indice I steps being akon to cor'ecI [dntfd vioiaUoris an d fto m iUros iJaiwiIl be Lnkii W OI5O orIO1rlg cmpance wih City Ordiance ar oplicDl codes A 1*1169aiQ P la n allows the yii and he Oily o ioewco ncern s kerify posih ubn to improv ui&alftondiiOflS f the praprt. If the Plan is n1 s u b mitte d, and all iffli ir ri coiiipielcd wiihln tho pending iomo perod orth abo'e propeil'g oporoLe beyond Lh'D xptratiOt dir n fltiQfl Buch a iIatin formal complaint. or Icense re'Iew may reslt El fre sumittifl, flit-o Lit StioflB A, B, Bnd C locate ri pa 3, 4 iid 5. i'Vp.Or&C f?'. -4-i415 CIty f .aCmm1LtY Zta pI1ri - M' cyrUC)tr1 Ii n Ic c- Utcktyfl e' iI r, Lr E4 -2 I PhcrUI 170 3-Q TT 11 F (76J €CJD BUILDINO ATçTJ COMMUNITY STANDARDS City - BROOKLYN v' io Rental LlcFeU Mitigation Plan CENTER ell Ce nlef. Type IV LIoers Ioi —cr s; -ee -kw Inq P9r rs I Phase ii 1j8 ; rfteri Ieae qefmflt The! io isAgruerrienI shall iri;rude h€ Cr;rno Fie Hcusirg Le Addedini• A copy (if tha l rernani end Orlme Free htousin Lae Mferidum must be .ttand 10 the MtiatIn an when ELb11'Utod 2)/croo to . pureuo the thrnhIrRIefl ni 1oisn gr€rEnt or MCUOJ :U tont whn violate I h e terns of the Iee or :erly a ddUn(JtUr 3)Conduct cri;inaI brckgrcud check k-31' all new r pc1iv tn:fl I1il ourrent tenant new hatkgound check i not rquked Mubo ebb to provide docurneri1ticn to City if, roquiod. 4) Aind a QjtV aproved ei1'1;hoer Crirne Free I IoU*.ing tr2nng coure Infcmion for ppred trE5 c-anlbe Tc'urid at wwiimncpfle urcler ho Thinir rd 17-1-ven4s tat. A copy of t4e GAme Free Routhg Certiiicat mu e ihd to the MItl9tin PFoñ whorl Submittod. Grimm Free Houiriçi trRining as completed on! che1uled for Ownu f or at ddii plah ning to a1ind 'IT afning at city cf: ) S iThu Monthly IJpc!e b' the I 0lj day of month. Phase H 1) Comptde . Security A rrerit rid ?rflp1nnt ipo en1e rqEsled byth& Urooklri Concr Police DepartmciL To schijdur r) initial or ibowp Security Mscserriefli, cIl?6) -5344 A fDIbow-up e'rri niut be cempeLed befero the Ilof1e pIrMk'ii de Ic ve' the irii?•.' irrpro'enrieni5 have been impbcmun1$tf. r ecuri1y A: aamiEni h.s berpreviQUIy cornpletUd r wrile the Security SeErfl9flt S s1i luiLd fu I It I i eurIyAe.rfl&fl1 toIow i'wa completed cn1i a ch u du led for:_ GcintinLrB Sec(ians A, Phase fl[ ork pagp 3, Fn- 2't .)>I j' Ajf LI- ci—HL aii.t rcriwt11y O1 Silillmle Cek Pwuy Ir'i C'iler, 551.O-21' I Pri: G1I 11Y711 I Fr: (T) ___ fl DING AND COMMUNITY STANDARDS Bp CENTER. 4111 E41U ReIntE31 Lcn M trnn Plan Typo N Licomse Sectlort A—Crk??a FATO Iq Q G-q]j7'q Prgrm III 1)Qwrr r ari wiFi terd z1t r iflmUrT D% t2) of tho ARJ1. rneir.s. The A,R.,M. rnoRtj mutb completed ithirh rental Icene errocP iiid hfr the 7ype IV License expiion dath,. R•eirtion i n1 rquired k)WeVF ou rnui ri-ii durfrj the rrleetin9 Write mo rreetinj (Itis an ownc!r or agont plan t ei1e.nd Onerw agent wUI alfend PL.FIM. meetings sahedUlEd 1tiht2f151iE!1B 2)Have nD repC'M crida viblatlonspruI :d Utt-drtud with 1he pa511 year, 7he ftI1owinq actib"S iiro rqLIrc1 (or prt[S with four OP M o rt Unit ii cun uc IEIdETJt tt inirij nri iII' te1 IrieIudrs c -iri-i p:rrefltiDL thhnique&, 2i Ceridut.1 regular rckeni inin r.m-a .RfliJ y Mi vifu !w. 63D1 ikri C'ñ. MN 5521 I 11iQi', 33aU 1 TTY: 711 1 F ?}55- • BUILDING RD COMMIflft/ c1 flOOKJYN 143FLIDLN Rerital Licen Mihaton Pbri TypVLicenc Satkin —Lor?q Thrn Cpz! Inipr rne Piii ) Bod on cn dTan and ji :JfjEd rep liccmw M dates need In he prov1drd k'r cornmon c pII i1erni. Ftidn tioutd be coii±rud rdinty, 11m that xroken, warn, or c'lhervIs& in ioIaiir pror to M o .1irnaed repacmritdal need t: be reed sabner, AN iirns must have e dale for EVimatod kvpNcum_-R DUNE •EU uir' d'nt tfjfl broken"' will tiot bo accopted.If you are irt.ure Dfwllen an Uem wiI need to b rpkcd, yu Carl make a predieitri bae'i on The ppcarce, coridiUôri, or niiuLur&indtry roTimCnd1iOn, AiJiln2nforrniior o Epeced L'se1I Life can be found •t rwhud..v. tem Date Last Ropint-ed Cortit[orf EttEd Rp1 t Data Eiiejc W!B M ay 2l?10 F iThy 2Oa" Furnace Dec 2026 Wir Hr D; 2CJ8 Kitohen ppli'-i) 1')0 JUl' 20213 Laundry Appciane Srnck Alarm-51 CnrLr Mr iiideAlar'ns Jurç 201 .EejiQ1 IIciyi July 211J July G1l -• 0)indovis _________________________ •___________________ J1.2aii -- Fence July 20J6 c3 2125 - •SEJd 6 Juy221 21l1 N .JuFy 19 idoWilk July2021 ivy 199 -:121 - Fiir=F Nft Racetrir=F Typo WReNd rr?P city orir>olkiyn C rh nrly 5t.1zth D1Fi '11 rtti E 4iynCflr r 51 luijI Crh PDrvy, r.:P.Qfll Frl 5EO.2iC9 I Fi'(753)I 1T 711 I BUILZWG AND COMMUNVrY .STA.NDARXS :!::bxrJ1xNJ - Type IVLIr SectlnB C—Steps o mprwe Mangn1ei86 Cokithwn of The iim In 1fr1 cori iiie been proven to ossis L with property ninacjeor arid property img Thr. following otkii ve rird: 1 ChEck-in wiih Ierian1 eviy E1 2 Drive by property i check for possible c 1110 ffliifl.. 3) Evill terint n vioio1.on of loatfj br any :addrIdI)TI I? 4) :Remain current on Il uflit,/ fges, loxes, as-sessinuMs, fines, penoitles, and other frauiai ti2irn?pyme ns duo lo The Cftr, 5) Other; The followino a ctrons a re optiQr1J wifess rq'ii rod by the City, i} Provide iownirnow eerico. 2) Frnvkle arbe eriice- LIJ Iristail soc'jrij sys tem. 4 Provide rnin (en rtiti rrice pri for ?ppiianc. Nana of er'ice >mpriy: c:ii 5) Other: i the Type lV Mn1h Rental License is approved bythrCiLyGoonii, the iiensee must comply with ihe approyad NliUga[Jwv Par rd air appiicb.Ie City Cod. A written roort rmst ho ubmltted ythe 1" doy of mm -,h month With n iipdae or attiGns belng takort by the ownor andkir ae]1± ±0 poM piy with tWs Mltignttlori Plan,A cop' f the Monthly Updie an be iound on pega 7. A lila bFe form be fund on tho Ciye webslte el witybroo'K1yr e rierot or 763) 59 0 to have en eiectioni': cops" sent tri you ct an-ail, P1ese attach ladditionall Informut Oil if neary p,!n W RoNdL W. $fl )T1 t—iJ]cifit id Cr mnLtytauthrd.i PJitnL W,W,' jikFncr C3i1i jI'' Cr'I Or kjrCnk', rJ 4-lfl I rce, 7IJ Eii IIY; lit Fax: BUILI)INQ AND COMMUNITY STANDAREirTypo IV LL nnd Ven v-2 I rif y thal aH iflfGrmaLr1 provided is, true and aaIbJ I vide r ma rid tha ll III do n o t comply with 'pprid Midgdi Pkn, rnplywi1h btlAo msi\iihifl Iie licens e prod, -br C perats b e yond the lcflEE pirikn d1e enfoornu11CUOfi$ as cit1n, ¶Grmal trrnpliri.W Ii rii rUi1. ii Hong Li!n Pu15i1i& DTJr w i'm€ id T'o PJi(J Siji.j Ia iiIl1O.9iJCW'1WC, r)F 10i'118 or?d fl'1 .(.Ifpñ)bk P,ir) ow,cr w Aorii S iEr W)MM iipc') Ciry $th Q)•Iy A)/ pe 'i\t1flt ____ €c1 JTI/4L z'coriJmL:I'ry Typo W n A-urci,Pkvt.Pav, 444 City tr.--BuELLn! cowwuL11y tan4ard npar1r1t L3JL hr' Pa?j, ErJtIi1T1 CnriN 513'-21t I F7ifl ?il -3D 111 T11 I Fax: (70^565,31C^O Car City Comcill Agenda Item No. iOa #4 COUNCIL ITEM MEMORANDUM DATE: November 09, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk J^04(44p^ SUBJECT: Type IV 6-Month Provisional Rental License for 6601 Unity Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan and issuance of a Type IV 6-Month Provisional Rental License for 6601 Unity Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family property. The previous rental license was a Type II Rental License. This property qualifies for a Type IV Rental License based on thirteen (13) 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: 07-21-2015 The Owner, Douglas Allen Wahl, applied for renewal of the rental dwelling license for 6601 Unity Ave N, a single family dwelling. 07-31-2014 The previous rental license expired. 08-17-2015 An initial rental license inspection was conducted. 13 property code violations were cited, see attached rental criteria. 09-21-2015 A second rental inspection was conducted and passed. 10-07-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. Mission: Ensuring on attractive, clean, saf, inclusive co?i1,izunht /iv that enhances the quality of life for all people (vu! preserves (lie public (rust COUNCIL ITEM MEMORANDUM 10-07-2015 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases 1, 11, and III of Crime Free Housing Program, etc. 10-23-2015 A Mitigation Plan was submitted. 10-27-2015 The Mitigation Plan was finalized. 11-02-2015 A letter was sent to the owner notifying that the hearing before the Council will be held November 09, 2015. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 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- 90 1. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan Mission: Ensuring on (7111'((Cth'L', clean, sqf, inclusive coniiiunut.V that en/i aijees the quality of lste for allpeople and preserves the public trust COUNCIL ITEM MEMORANDUM submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 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. JI'Jission: Ensuring an attractive, clean, safe, inclusive conhinuuit,V that enhances the qualitj of lsJC for all people aadjzs'se;res the public lejist COUNCIL ITEM MEMORANDUM Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category (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 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year -2 units Greater than 4 but not more than 8 H31+ units Greater than 1.5 but not more than 3 Type IV —6 Months I______________________ 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 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). Mission: Ensuring an tfiac(i1'C, clean, inclusive comiflhiiuh.V that enhances the quality of life .fol , all people 011(1 preserves the public trust COUNCIL ITEM MEMORANDUM License Category Number of Units Validated Calls for Disorderly Conduct 'I 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 than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: Enhanced Community Image Attachment - Mitigation Plan fl41ssioii: Ensuring an attractive, clean saft, inclusive coiiiuiflht.V that enhances the quality oJl?te for all people and prcseiPeS the public trust City ci 3U2L]3ING RMD C OMMIJNITY STANt1UIS7 ROOKLYN X-ntaI LFse ?Aiti :qtAiajj flui Type IV Lce th]r1thvriflfl MJ19aiOfl Pn wUct be accrJpd fiIIhr wrn c-ir be Ibund an the Ctt 1 w.'.ityoft!oklyn u311 (7B -3) 6I-330 ta hu an dec ric COPY sulnl o 'Ou via ernIE. ( ; Ei.01 Unrry Avq N E'uo.E'ri C'r1t3i, ?AN 511U rlor!1c1, LLC Make L&iir, MF-&nIZE Property MrnI 15 EIii n Pky21 Mr• ii 612) flta n1piriir L 1945 lilinson PP.y N212 MN 5iii1 1 612j 721-WS• .11 / P nEp[rron ][e iainr Bid on properly umdUins widfor vWidated, poFCAj ñusnce Inckart, the abovo rfererice [w.lJpe(ty qU9 or a Type rJ-E MtLi Rn1a1 iicerie. Prior to ppIic1n Bppwal by the City Curic1I 13 i.jtIy corripI1d NlWgatiorl Plan rni.it big completed nnd appryed by Cily staff, A Mitigation Plan mu.i be cmDIetod Immeii1eIy In order to enJre imy omphtiDn of iheIicciri - applktic'ri process, The flhiLffliorb Plan shaold indicate the steps Lc-irrg taken lo c.rt ideniied vioIaltot an Ihe measures that sVIIl b n o er&uru on 'ins c City Ordirience and appk,-able ode-s. A Mitigation Flrziri alkwt the cnicr and the City La re'iiw onrt and derL1ify polbo solutions to mprDve overII condilions -of the properly, If tho F tithn Plan is n' ubrnifted, and NI Reryisr -aro not r Ietcidwilhfri.the penng lirenae prid, or the boprapety DprteE boyônd the iceriee piretion date, tflFOrce-T1ent.a1ijrii.5 &icli as Citji, fornI oimpkirt, criiieriee rovi may result, EkJ-e Eubniittftg flhIt* $1Ion. A B and C lo-cateil on Z 3, 4, id S P 176 Tj h1 P.nr r.t'i.; 'A &i Rnr, Pcv, 4-14-5 Cit'j lD]yI flteT lTL R Dcptrtniitt tiiir Crk Pay, rLIr' Cnkr, MN 6N 4X-21 I Ptn -iii I TT: 711 I F i7 1JUIJ BUfl,DINC AN1 COMMUNI T Y STANDARDSCity ! -• ____- - CENTER un&ni I1 R e ntal L ice n s e Mitigation Plan Type IV Ut o n se Phase I [ I) We £ wri1n lea 5 9 nqrernJr Thc lue opvrit e jIHncudrj the Crime: 'P Lee An1ettrJum- A e:opy oho JEBSE 1fJrcernTtt and Crime Freim Hilng Lo Add e ndum must be to Olo Miqi Plan wfton submitted. 2) Aqree to pure thu LsrrineIcn rn !eaoe remor1 or on of territ who violulo The (efrris of Ph nr any ddcurr, 3 Condurtcririinal bck'cjrii rhak ft!r all rr& pro!ip ecliee 1nnk, If it Ic a ciirau nnv' ba L kq ,,719und dwEk i s nd 'tirod. h1u1:,e e!ile lo p3idn dOCUir'l:fl1H1inn to City IF rerue:td. 4) Atknd a CIl\ approved &h1_I1our Grime Frse Hc>uin rininj cure, Ir , rnIior for J)p,nvc1i coues can ba found ci \wNiiflcna nEI under lii Ly.ni ta copy of li-ic Crime Free HousIng CartiFicate mast be ata1ied to tho MltigatIr Fkiri v/hEn su bmittcf, Cr^me Free Ffouing tralti(iq mis cot npleted o&i. sahedulod 1r: 15 Owner or aoni adeiidodfls p-thiinni In fend Irolning at cily of: F1) SuLvnil. Monthly UpdMe by 1ie: ic" day of e a ch month. Phzise 11 trii i Security Aessment id rnpIcrnent iniorovu7nimts roque1erl by lht 2rooklynCnerPoirn DepartrriorL Ta hrduIeari inaaI ctfollow-up Seuriiy Aeeoment, cull (733) '3344. A I.oIIewup etheM be conp1od boforo the r[ene e xpirzAIGII crate to vriiv the securi1i 1rprcorn1onls have b-n knplernertod If .9 &ecuriy As5e s srrtent.h a s IJOUn prevouIy npeod, wre the, complollori Securi1 A eE.ernoril w c rp-cttd orirs scheduled ftir - !it moot follow-up wu comletd On/is r:hedUfed for rzL C-ant'wrjuoS'ectlons A. Phase III on page 3. PJL1c.- 75 Tpa e i.? P.riri Lr /'./c.i PJ1'l, City ol Bri. u1Oyi ui CTrrn1ULLy pat !t1 irtji Ce- Ptrkviy Cqlcr .IN 5l)-21L!i I Ph - E.:i I IT?: Ml I 73l ____ DTC AND COMMUXrf STANJJ4DS ROOKLfl Licrne Mjtugst[o n PIi Type iv LICEnO St A-'—CIma Fy P(gril? \' .FhE I EiE1 1) Oc'Jne( Li, rt MI iUend Ft1ifljmLIrr 2) •rui. Themeatiflga musl bO corpIetd w]ftln the pIGd acid before 1J picIrj 1ype IV License expiration date eIrkiri is licit i-u1red, ecr yG:Jru1 rvFn thjrni Me rneetin. Wrii twc.rr1tin.q dab- o r rw ari plan 10 Onr or enl thlI iLenc PR.N1. melirig htdiIU on: liJi2ii5 9L 1.1 } r.,c,, Tepeat pde 4ol1;cns Pr vkh po1 year. Ple following atfti6mare reqred for pmporflos tIi four 4) r 1it is 1) Co',u.L re.di:nt trdn.ing nnriuIIy that riude cm pre0itiO hr4lçus.LI] 2 GOFidIJd rqLIlr rer-iidri rneeflri. - 1yin r? IL Rio, Rii. 4-14-15 Ciy ctH]in C!I Ltdixgu c i-nimit' G ,1znd-;LbAt1 Ppa!irnet -31 rc PaJ-:.y, Orjc ;-i r.:-ili, MH 554Iro I -L330 I ii' 711 1 P-: City -of CFO' Dllly;,Iv^ul UflLtNG 1I c OMMVMITY STAaIARBS CENTrA 43L) ert Llrsc Miohon Plr B.si1 or cu'-rttlon thrd hrfl31c,d repIi't rnnt di1&. n'od b h- ç'r 'idd for orrLrJn cepftd1imj. Furidnc Should he cnEk-fe.reU B 1iitr' broken , "rn,, or citherwisu invIculAitcin prfr ici thi frriotd epl3cimni &L re.i1 to be repl.ct oorior.Ill kw ns rnwt hw idate fcir fid LOeE su c h 'UiiLtre", font k:iiW or w h er rkor will rot be it yaL, a re urur of When a n Im Will d Ici ho epsced, yu carsdicjr- based fl the perrico, cor4ilior or rilucIu/indufl/ rorrriiondiicin, Additio.uiI iri[orrntloii rn Fpc2Ler ULOul Life C-gin be found at ww.hud.ci ,u, ften O a tra Lt Rep Itd Corid1tn ExpcLed R e placement Date Yó Wet*djf 0 My2O2O -' Furnco - t3 El )c 2025 'Vtcir He1er Jutiq 20Wb G H J.rnf_2\I2D KitJ-pt Apph`a ncos Oct Oct 2D20 LaundrV /pplinoci 2010 r 01203 Smoke lorm" Carbon Mflcixide Maims 201 t_E1 Extcirkt Ilcrn FoirItSl(tirI g Juie 219 vkrll.l(juw%May 20C.4)r—I Miuj2iJiD JUI215 C FiA JuIv2U(i Fencci -G ]Jixir 2:20 ShJ -_____ ig -•_jj -- May 2050 Driuiiy 19 50 0 Ane 2DH5 SIdu B Ik G My20E OthQr CrdiIi;;i AbbrIa•I1--i N.vi=N GodJ Fr=F NLd pIn -eriI'-R Pu M' TJv --t v G1t 1r&k1t Cnt —ui1n zid u -ity 0titI Dp -tt 0i tuj! -:J,ii Ortv, r4q &&42 - 1!r3 I Pirru; f75 I IT": ?l I Fe): ii-:.iici ____ .BUILtN(J 'TWD COMMIry STANDARDSCity.iT ROOI(LYN F rLriIrM1 O Renthi Lwi Mitithr Pii Type L xl - d drxor iiProprLy he Iferns in Ihis seôn h a ve. roer1 10a 5 1 propotly rnr ornen1 ad paprtyimqE.. re requith 1) C ck-n wft -i tr1 -1tB every 3O-'s.jJ 2) DrLu by propoay La check for peeibia dE ioItio, jE'icIteriiciE In vialation Olihe IeRe or .iny 4} fMrnn c.&JrTonL on alf utility :ke, taxes, eesrno1 flnee. porjaiflE5,ari other ba1ci9i l nis'pa'rneriis due to ihe City. U 5) T[to followingtftns a' p(Iont unh aqijIrd by the City. [1] 1) Provjd€i Fvn'r jJ 2) FrcvLfdc arbgeEirti ocurty sys€m. 4) Provide ir4erancu Mce plan tor poiio Nar'ne of 5ernco.oc1?pfly ) O11ie.t II the Type I'MI MDnII1 Rani:-31 License is approve by tha Ci' Courd, The fistrut comply ti the approved 1`1,-1 itigallon Plign and 1 applirohie Oily Cacee, Awritten reort mLt bebrnIted by the 1O' dy of ach month wh uda of actions be1n take by Th c owner •Cd/dr agentt t ffipywilh 01t 3 Mitiit1n Plan, A copy of the Monthly Update can be fciugI on pe 7. A rj?Ible form can be. found orl 1.c C%es wbitc at cwJ.,cJyofbraoklncentororQ Dr m3xi 7E) 5-10 to N-wo an eiei1ranit copy sent to yu via ani iJ. Ptaze.e attach add itn iii inforplallon if neceastry, P2rI 'Mi3.'l Pin, PaL, 4-1-f5 Ci oL c t uiltig win[LT apuiLmtt €D1 hin!c Cro4k lrcn:I rttr, HN S)?1 l Dfrr 711 1 fi: qTh31 B1ILDLJI] COt MJNIF STANDARDSJt '1 NJBRooRJ.1yN 'c'i riri th4hi FjritaI L.koJ1E.E .tjp Flaii TypeFVI.cne ar tooVAN I Y F,ri hili, 83ll Iftformaton provided i8 Lu.e and cUi'e I ucJ Etnd Li i N do nrd c Oh1pIy WkI\2pprovod 1ARYWon Pftir 'JrnpIy\'th sIP Rems within the Il:e12 periodt or cpie beynd I]-Ii':r, pirt1rn date, enorceriicri1 alkins omh as titdliOns, IorrniI Or IEflu rViei/n1y reuIL, Biit L ah, E OL1r1.nr miJ TIM, rP .1 ) 1C'25 OLTL5I' r'Aji Srtm 0vui9j ar A g e rl 1426r;ir hn 1TttL tffAPP . Pi CIy S NI Only ( - ROW thrr / ji / _____ COirrniii1, 5&thpd jfli P- i5 rNun, Rav, c1 ttd C ii'j ,ITdL b1mitit OJU1 'rf Cck Drik cIr, hiF4 41 €3-3 I ITY; T11 J City Couffdil Ageida Hem No. 0a #5 COUNCIL ITEM MEMORANDUM DATE: November 09, 2011 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk 44w- SUBJECT: Type IV 6-Month Provisional Rental License for 4213 Woodbine La Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan and issuance of a Type IV 6-Month Provisional Rental License for 4213 Woodbine La. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family property. The previous rental license was a Type II Rental License. This property qualifies for a Type IV Rental License based on twelve (12) property code violations found during the initial rental license inspection and zero (0) validated police nuisance incidents for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 04-08-2015 The Owner, Donald Stefanske & Betty Engelby, applied for renewal of the rental dwelling license for 4213 Woodbine La, a single family dwelling. 05-06-2015 An initial rental license inspection was conducted. 12 property code violations were cited, see attached rental criteria. 06-24-2015 A second rental inspection was conducted and failed. A $100 reinspection fee was charged to the property. 07-24-2015 A third inspection was conducted and failed. Owner was granted a three week extension for corrections. A $100 reinspection fee was charged to the property. 07-31-2015 The previous rental license expired. !tission: Ensuring an attractive, dean, sail', inclusive continually that cithuisees the quality ?fl/fl' for all people and preserves (lie public has! COUNCIL ITEM MEMORANDUM 08-13-2015 A fourth inspection was conducted and failed. A $100 reinspection fee was charged to the property. 09-01-2015 A fifth inspection was conducted and passed. 09-02-2015 The $200 in reinspection fees was paid. 09-04-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 09-04-2015 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. 09-22-2015 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. 10-05-2015 A Mitigation Plan was submitted. 10-27-2015 The Mitigation Plan was finalized. 11-02-2015 A letter was sent to the owner notifying that the hearing before the Council will be held November 09, 2015. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4Jiss!oiz: E?Vitflh1g (If? (1ttI(1Clil'L', clean, s'qfe. inclusive Co?flffluIlitY that enhances the quality of late for all people and preserves the public trust COUNCIL ITEM MEMORANDUM 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 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. Mission: Ensuring an altitictivO, clean, saf, inclusive conunun4v that en/sauces the quality (Y 'life joi all people and p i eserees the public trust License Category (Based on Property Code Only) Type l-3 Year Type II - 2 Year Type III - 1 Year Number of Units 1-2 units 3+ units 1-2 units 3+ units 1-2 units 3+ units Type IV –6 Months j nits 3+ units b. Police Service Calls. COUNCIL ITEM MEMORANDUM 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. IF— Property Code and Nuisance Violations Criteria Property Code Violations per Inspected Unit Greater than 1 but not more than 4 Greater than 0.75 but not more than 1 Greater than 4 but not more than 8 Greater than 1.5 but not more than 3 Greater than 8 Greater than 3 Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). Jisioii Ensuring an attractive, clean, sa inclusive CommunitYt hat ejilinilces the quality lipl /0!' all people Wit, l p;'cse;ves the public trust COUNCIL ITEM MEMORANDUM 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: Enhanced Community Image Attachment - Mitigation Plan tIiSSiOFl Ensuring (iii aft rilCtil'L', CIe(Ifl, safe, inclusive COFnJnIURIIW that enhances the quality (If hUe j'or all people and piesen'es the public trust BUILDINc iurn CoMTTtJNITY STANDARDS)(BROOXLYN3 CENTER RthI LItt 1UMl PLm Type IVLIcüno ijdwrit tJgii?on Phrn wI riot be rJcEpfed. A idlbIe form c o n b found on ih CIy' ':'ehte t ctc[hrooklyncenteLOrg or car (763) 5693330 to have an elecrcriic cop sent to You via, e rnair, rrperty Adc1re&; 421a Ncdbine Li Owne-r Nme(s): Donald Stfnk LJely ErigIhy Owner's Add reE: 1713 V'oodla' ce 1arsl:, r,ir 6'ua1 Owners Phone: C)''nr5 t uiU; BJE1 qZTicbr1ornc CurienL E x piration Date ,, nal)isate:7iS local ki e. r'i Ag L,ntApiit Addrc: Agent 's Phone: Agents Email: Pendin Expiration 0-a to -.13i ci -; r,rn unl .[,iIir,: Heed on property concfiioris ndIorveldted police nuisance incidents, the above referenced prpaty qilifle for Type IV-6 Month ROn1l Prir to' pp clio'n pprDvl by city Council .a fully eamptatod Miligatian Plan must b-a cernpatod and approvod by City stall. A Miiiation P l an must be competed rnrneditey in order to ensure timely completion of the license applatlon pr - The Mliin Plan should bidioaI 1ie tep being heri o roreC1 idiie violations and the measures that will be taken to ensure ongoing compliance with City Drdnarices p-pIichle code. ANO ietior Pin elkws. the owner an d the City to re'iew concerns and kii^rify - shiosolu1ions o kprave erall coidffien ci the property If the MiiIatlo Plan Is n-at sLrbrnhlled, and all items are not ccrnpeted ''ithn the pending license period othe abo'ee property operates beyond the license expira1an d a te, en'rorcerflent pction5 such a.5 citation, formal complaint 01 licônaa jovii2w i-nay rosult. Before submitting, fill-oiit Suct i ons A and C located on pages Z 3 $ and 5 1,5 Tyi;e 'V iTh3i' )r.i'. .e. 44445 ----------------- -----------------------'- -City rB k19 B LtC —BLjldht atid c utiii tutd ti hnir: Cr,-,k Ptiwj flrTi Ctmlr'.r, MN 5543E'-21 PIait I7E3 E-2-31' 1 TTY. 7 11 1 Fa .çT52 5E9-3265 BUILDING AND COMMUN ITY STND1RPS) CitVCi[ r=' I BROOKLYN 4,213 .,VcilIrle L EN T ER Rna1 Licorse Mit -ation PIn Type IV LFcene Soctfors A-Ctho Fr im• tithg Frorm qrfrrnrs Phase I 1) We a wriLeri lcoe a greerri r.,n Thci toi rirnert shI.J ircude the Crime Free Housing Loso Adderrdwli. A top.' of th lea s e agreement a n d Grime Froc I-Iouing Leas Addendum mu s t be atachecF to t1i a !'tIaIon Pit WhEfl ELJbfl1ted, 2 Aoo lo puru.e ifie termirition or lease agreement or eviction ei tennt w ho 'ioIdo the terms of tFe kao or a ny nddoriJ uifus , 3 :' ConducL crimioiI b2ckruund cJick frr ti pw propective tenants. If it is a current ternta new backgro und cbeCk is net roquired. Mui bo bk to pru¼rie djmitticjrj to City if rEq ueIed, 4) Attmd a C i f y approved eiht-hoLrr Crirre Free Hotisini trning course Informatien for pprove courses c a n be fouid at MVI.Fri p,nt unrier the TrThr nd Events tab. A copy of thu Crhie .Foe Hciti sl lng Certftieate mu s t be attarp hed to the Mitigation Plan wian 5uhnlitted. Cr l m,a Fr Iousinq treioing is i'onpIetcJ onrs scheduled for ,1215 0 ,a r, or jnf a i'e n dod ^ ks phinning to attend ininin g ot C jy hakC€e jj B) Submrit M.eri1hI LIpdi by ¶IiE .fIh dy f each month, Pliaso II Coirnptee a SecLrity / s sessniont anJ hiph^rrent hrip i ovrrIEnt reque1ed by the Brc'okyn Center Fciice Department, To schedule an initial or follcii.'-up 8ocli f ily A:sm'01. caI iTh3) 5-3344. A foIIowLp s&ssnie'it must b eopILd berore Elm ilrex.pIraLIon date t o vrWy the security improvements have bean mpiioii1cd. If a Security Aernent has been previously completed, write the coniple.iien da!ii Securiiy A esstrnt was cornk21ed orJis heduIed foi Securit, Assn follow up was rnp1std onis heuIed for Continue octiorrs A Phase 11] on paje Page Z T:c pIij fli1 4J45 O i ly CI MmAdyn aj td:Cb.rr1rftU fiAy 5dd p&fmiri 6301 S:lirqk! Crtk Prkwi LrcrIiIn C<rr, riP1 •1-219I Phon 9 3-3S J Wf: 711 }-a: 1?€VJJ -3E341 BUILDING AND C DMMTINITY STAN]DIUU3 / City ofBROOKLYN RrU1 LLcns9 MItJtLon PlanCENTER Typ h/ L ice n so Sections A—C"irne Frcc H rsi?1g Pro gram Pcqu?rcnwnrs (coninuctd) Pha s e Iff [Z] 1i Ovner cr cijont will allecid at mThimuiu 3% (2) cf 1I'iO ARM. mcctins. The AR,M. n1tin95 must be cornp1ctec within thc te1tL [icon s c perlod and brforc tho pending Type IV License ex plration date, elrTheri hi rict rqiixd, lvi 'jcu riu.l EIimir during the rvieelirq, %Vriie wo Tee.tirii L1te& nfl Iwner or n[lentpin lo tbnd. OéôitwtIl erir ARM. metin hduIed c 211 .aiL I lave no rode vltkri prviruIy c 1Ur entd wilh ihe p1 The following actions are requ i r e d for properties with four (4) or more units. ) Cotuuct r^lL!L!F1L LJdlñII1C r1r1LdIIj 1li1 rnIuLfes rrIrn prE'eniJr1 c1iJ1rEJt LI 2) CraiuL rtaIr Iderit iing pm :35 7t R o y.io Pm, CEy of Er t1rJ.y.n Ct -IIUJ.idthl 8 111t camniumq LLard Ipat1±iIeRt Shno Crnk iri, P.rcikIyn cnnfrr. PN 4U21 Phr (7t) SiiO Try'. 711 1 rx)I -5g-32jo BUILDING AND COMMW.ETY STANDARDS' C1yü 1 CENTER 11 t RtrLi1 License Miigbor Plan TypE hi Seions —Long Tenn Cp!tf imp vamer PIn Ot, Dfl conditionand OQC, ltifl1atId replacement — dlEs need to be provided for Dmi On cfpiL terns. Fuidirio shoudd rrnidered accordIggly. Iterns iht are hrcn, worn, or otherwise in .rirItiOri prior to the c stiwiaL d replacement ie reed ta be r&pfti'-ed eUrlo•r. Ati iIem nit have d a t F for i7S3' /c 'cc;e.r1( t e s F. iich a; JLL1flJron know', or LIwhen broki' %,'30 nobi ccepted if you am unsure f when gn item will need 10 be iepad, you can make a pre.dition 'bsod on tFia e, ppernce, cordidai, or !LLC T1fl1flOhOfl5 AddiLiohal IlfJ1FndLiL'F1 Oil jwder ijtuI Life cri be found 1 t 'i' hud qrw item Date Last Replaced COrdOiib Epeetec1 RepIaaerneit Date xirnp e: herHcjjior My 2QQ F 1..'y2.P2O Fisrria 21 L3 2q30 'Vler He.ier 21,31 200 1.chriApIinces 210 2030 LHundrypJFiances 2fl10 G OD 4rnok Ala rm& (arben ?1 1Oxd? Alarms 2t'Th 6 27 brioc lterr 2'1 3 G,2031] 2030 Roof 20i'6 2030 Funco 20 r)F 2C')2030 Ga ra C3 Dii&wy 2000 F Sldawks 2000 F Cther Ccnditcn Fc"=N C:cd6 F.'F rcI PicwiniR P'igf rff,140girion Pi. 4-li-5 Cfty:o1fl.Lyit n1 utLlij aid Ctttiiuiity StLndwrin DpLrit 31 Cre Pkwy, C:kin 1rOir, r1h 43)553-33 TTY: 71 1 r: ?1]31 rnJILDING AND COMMUNITY STANDARDS ) / =-' (BROOKLYN 123 cA'oc'dbV L 1 Rental License I tlatlori kiriCENTERType IV Llcciisu Sectlon.s C—Seps to Jrnprve VanagernonI rd Condj'li ans of Property The items in th is soclicri havo been proven toassist with pro pcsty man gmen rrt properly irrLn.ge The following act—ion—, a are required: 1) Chock-fr wah lenart5 ever 30-days LZI 2} Dfte bypiperly u:hec. for posihle code viola1iois. ] 3) Evittni fn violation of lease or an addend1ims, Vj 4) ReriFn c.uirert un all utility tees, taxes, a nenls, fires., pan a Ities, arid other financial clalrr p'rnnt5 rhie to the Ofty. 5) Other: The ioI1o'ihmg actlons.are optional onless required by the Cfty LIII 1) Provida Ia incici crvice, [] 2) Prov(de gnrLragoEj 3) Install secuci1yporn 4) Provido niak'itona nc ervke pta n for appliances Name of iic company: El 5) Other: if The Type I'/6 Month Rental Llcri l approved by the Oily Council, the licensee tflJi crmply i,ih the approved iMitig-ofion PI -dr and all applicable Cily Codes. A wrftthri report rnutl eubrnfttad by the 10 day of oath rncnth with an update of actions boinj ta<en by the wiir andior agont to cciip1y with this Fmiation Plan, A copy of the Monthly Update can he found on pa 7, AfiHableforrn can be found on the Cfty's webhe twwwcyofbroolclynceriterorg or call (763) 5$t-330 b hve an electronic copy sent to you vie erriolL e attach additional Information if necoss a ry p- 'y rr' tu!E( fl! Pur, 44.1 5 CUyiof flr IdyriCertc uti tii Qm11fty uiardPiiitt 'w#,cIynTr.rdjiinIr.rOTg (Ii 9h'lrth3 Cri P ErcDIIfl Ceiler, N 5EdU-219 PF-ir: 7fiI) -3:3o i1Y 711 I F 7:5Er-3c' BUTLIJING AND COMMUNITY ITANDtEDS cily Of OOKLYN R e nt a l U te nse, Mitcjntton Pint)CENTER Type IV Liccrsc SFin and Vorify IfJ thaiaFl inIormtion prO'JJ Is arid arcw a te, F t hat ifF do not connply wh th e pproveJJ i1 inUori FIn, cornpy WIh all itenin iUifl the Ine period, or rat hyond the Ii'rie epir3tion dnto, onior irit 2 c tionF, s uch ns cita1io: firrril complaints, or iicn revew may reuL. Owi'w c'rA ,'?! 1.:iJ9 aiJ 1 l.r:t Srnxro Ac'cli,9th' Oii D( /urr bi .r'J djwi' QIi!r Q 11•iii'1I s:9!Ü1 i.I(pp.1r:) City Stiff On fy ortmerel 1 tMt sL4'iri r{!j 3 hl^ riio I V k6nfal LI Mi juPii-j, Rcm 4-45 Oity' oo]1y C tcr uUdg4 (nmuntLy 5ndirth D'.pinent 6 3 01 5hirlrrik Ce-itef, UN ;5S4221 I I-Th:'n: ç7535E333n I TT'I ill 1 F: Th21 City Council Agenda Item No. lOa #6 COUNCIL ITEM MEMORANDUM DATE: November 09, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk a1t/ Audg—A( SUBJECT: Type IV 6-Month Provisional Rental License for 3613 54th Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan, Resolution and issuance of a Type IV 6-Month Provisional Rental License for 3613 54th Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family property. The previous license was a Type IV Rental License issued on March 10, 2015, on condition of adherence to the Mitigation Plan and City Ordinances. The requirements of the Mitigation Plan were met for the previous license. However, the property qualifies for a Type IV Rental License based on ten (10) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. Therefore, according to City Ordinance, based on the number of property code violations, the license category remains a Type IV. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental License to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the 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 affracth'c, clean,, safe, inclusive community that enhances the quality of lift for all people and preserves the public tins! COUNCIL ITEM MEMORANDUM Current rental license approval activities: 04-29-2015 The owner, Konrad Wagner, applied for renewal of the rental dwelling license for 3613 54th Ave N, a single family dwelling. 05-26-2015 An initial rental license inspection was conducted. Ten property code violations were cited, see attached rental criteria. 06-03-2015 A second inspection was conducted and failed. A $100 reinspection fee was charged to the property. 07-01-2015 A third inspection was conducted and failed. A $100 reinspection fee was charged to the property. 07-15-2015 A fourth inspection was conducted and failed, A $100 reinspection fee was charged to the property. 07-31-2015 The previous Type IV Rental License expired. 08-03-2015 A fifth inspection was conducted and failed. A $100 reinspection fee was charged to the property. 08-03-2015 The property was posted as unlicensed. 08-03-2015 The $300 in reinspection fees was paid. 08-06-2015 A $125 Administrative Citation was issued for not meeting mitigation plan requirements. 08-17-2015 A sixth inspection was conducted and passed. $100 reinspection fee still owed. 08-19-2015 The $100 reinspection fee was paid. 09-03-2015 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 09-03-2015 City records indicate one validated police nuisance incidents occurred in the past twelve months. Incidents were 10-17-2014, disturbing peace 09-22-2015 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. 10-10-2015 A Mitigation Plan was submitted. 10-15-2015 The Mitigation Plan was finalized. 11-02-2015 A letter was sent to the owner notifying that the hearing before the Council will be held November 9, 2015. Prior Type IV Rental License approval activities: 11-21-2014 The Owner, Konrad Wagner, applied for renewal of the rental dwelling license for 3613 Ave N, a single family dwelling. 12-05-2014 An initial rental license inspection was conducted. 25 property code violations were cited, see attached rental criteria. 01-13-2015 A second rental inspection was conducted and passed. 01-16-2015 City records indicate one validated police nuisance incidents occurred in the past twelve months. Incidents were 10-17-2014, disturbing peace. 01-21-2015 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental Mission: Enssuiiig an attractive, clean, s1, inclusive comnusnstv that enhances the quality a/lift' for all people (lad preserves the public (lust COUNCIL ITEM MEMORANDUM license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 01-31-2015 The previous rental license expired. 02-10-2015 A Mitigation Plan was submitted. 02-13-2015 The Mitigation Plan was finalized. 03-02-2015 A letter was sent to the owner notifying that the hearing before the Council will be held March 09, 2015. If approved, after six months, a new rental license is required. The license process will begin in 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 Mission: Ensuring an attractive, clean, sufe inclusive cainniuuitv that en/sauces the qua!u i ' of 1sfe for alt people and prcseres the public tract COUNCIL 1[TEM MEMORANDUM and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Mission: Ensuring an attractive, clean, safe, inclusive conitnainty that enhances the quality oJlfe for all people ant/preserves the public trust COUNCIL ITEM MEMORANDUM Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per _ (Based on Property Inspected Unit Code Only) 1-2 units 3+ units 1-2 units TypLl- Year Ty Year 3+ units Type III - 1 Year 1-2 units 3+ units L:^LMonths 1-2 unitsnits 3+ units b. Police Service Calls. 0-1 0-0.75 Greater than 1 but not more than 4 Greater than 0.75 but not more than 1.5 Greater than 4 but not more than 8 Greater than 1.5 but not more than 3 Greater than 8 Greater than 3 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, sfe, inclusive c ominanitV that CJIIIIIIICL'S the quality of/lie for nil people and presel (CS the public mist COUNCIL ITEM MEMORANDUM Budget Issues: There are no budget issues to consider. Strategic Priorities: Enhanced Community Image Attachment - Mitigation Plan - Resolution Approving a Type IV Rental License for 3613 54th Ave N Mission: Ensuring an nllractii'e, clean, sife inclusive corniflunht.V that en/maces the quality qf1t r all people an (I preserPes the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 3613 54th AVEN WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 3613 54th Ave N, was issued a Type IV Rental License on March 10, 2015; and WHEREAS, the property qualifies for a Type IV Rental License based on the number of property code violations (10) and validated police nuisance incidents (one); and WHEREAS, City Ordinance Section 12-901.2 requires a property owner who receives a Type IV Rental License to complete Phase I, II and III of the Crime Free Housing Program; and WHEREAS, City Ordinance Section 12-914.1c 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. 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 3613 54 t "Ave N, Brooklyn Center, MN. November 9, 2015 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. BUILDI NG A ND COMM -UN ITY STANDARDS X...-BROOKLYN1y orCI RrrLil LIteriu Mitigctloi PlriCENTERType IV Lcens Tilt WI MI!J9atin PhS Will nt be a ccopleer, A fill.blo lorim the City's webite a t wwciyofbroeklyricenterorg or CDH i:7 c 3 ) &i -O to have an eectrorc copy sOflt to VOL."."la emaiL Oct ProportV Md re: 36 134A Brx,^Jyn Ocrihr, NN 5G420 Owner's Nam eia: cird Owner Addrit 9000 Arrsrcan 8141 loll 015D -) - rI rcninLei, WJ ai E:u Rr IlyLocal Agerits 1rrI Agenfs Add es An rcn Okd W I51 P)ccminIcri. MN 55431 Orp's Phenc. 20 A g enfs Pneie 12 6D Cl5D O'i rier mail; ken adJ wiQt1r]rnIE corn Agents Email ni'kki @id lksren tals, cam CirrtontExpltin Dete 11isi s 7jN CIT Pering UciirationDte 4t 5t'rr,rntnc9cJ.rr II fIjil) on properly conditions end/or v a li da ted, police RUISsnce irjoents ih ove ref erenj propoty quabrIe ter e Type lV-6 Month Rntl License. Prior to pplication approv a l by the City Council s fuly carileted Miff aLion Pl a n rousi be compteteti and a ppro ved by City ateTh A Millg a llon Plan must be completed Immedistely in order to nsure tirney ocrripletion of0he hnso ppIias Lion tes The Mtigotion Plan should indic:cte the :steps beiri en to corre c t Id e ntified vi o l a km5 g nd the measures that will be ta ken Ic ensure ongoing mplri t City (J'rdirianc riid appli c able codas, A 1'.1itigi1on Plait alJws the o wr i er and the City to review concerns end idenfffypssihle solutions to Improve overall COIId.IUOflS of the property. If the 1itigetion Plan is not ubrriitied, and all items are not completed wilthri the pendnrj license period, or the above property operates beyond the license Cxpirtion dite, oniorceineni acffans suth as citelion, fornil cornpSht ar f iconse revew may 'esult, efcre submittIn g , fill-out SecVons A a nd C locate on p o g es 2, 3 4 a nd TYr1 O ir ,kii,i Ro n,.Hav, 44446, City Of aoi1yn Cer i t 4^F —Ig Uffili ng and Community StabdaTds Dptn,t 030 Sl-Thff Ct Pirhay, ErokIri Chlr, MN 6 543 0 ,299 I Pt I76) 5-330 1 TTY: 711 1 F2 4 -.(70) 552O 13 ,UILDI[Ni^; AND COMMuNITY STANDALtDW' C11f MLI -r2 Miiçcn Parr r M: CTER Tp IV SiJô A —Cryfflej Free Ho UsIng Prp-n RQqflrrements 1 ) Use a iLn l e a grrrnrit. T liae agrec en o nt sh a ll In eude the Cnnie P're HrJUs9. Addondijri /i copy Je rd Cj-m Pr; HrngLea Ad Icflm Jtu1 be ard to tho MiriaflOh Pl a n whh thrnftted, 171 2 /.r?e ta pur Vc ternnino l iun or l e.wso ajrmnt or C.ij on of warAs vto vle a k,the rrfl or U or a ny ikn'Jum. Con du ri crinjrpI L'.iround ch:k fç'r all new prop1ive l n is a curr1i iw bJcqrijurrd tha':k Is nict rquj, Mui 'prov i do, dQ'utTI(EjjjOfltD Oily ;frequcjtid f 4 . Aitrx i Cfty iht#IoLIr Crrn. F ree Hou s ing Irinirig ic'ur. In formalloneP1JrOEd CO urses co n be round I.rnr1pariei UndrtPrj Trafriir rdELn Fb,A co p l y of t rjo C r1r Free HOusIng Q ort1fi cato mu be flh ed the Mti.atInPI'i when Submitted. 'rrr1e Freo Aous i ng 1rIrdng was. enpd cinAs a chrdulle'dfor: Qtwiei or Ent @Li e n j e 6-ris P,1 4n ling 10 .1lend Irarin t city Of: &imit M<riihIy Update byihe 10 dy ofh ricn1h. PflSB 1J ) CompIj S nd IrrpIemnt Impmemenj requ1ed throkyii C1r.FoflD Dpmt, To chdu 3i inu1r or fb ilcup uriiy536,9-3 3 4 4 ,AfIcrwtpebefore Went mwt be mpkrIc-.fls iXpIrkn dt lo. i-zf Ihe crrIiy 1niriipInred If a Seiiriy A E'srnont h beirp prqvi cqj qY torpr&1d .rite theri1ion d2te, ScuilLyA.^s-assmcnfve^,js VO MP!Cod Q.'is chuId r mp ee Urh'i, $therJuIei for: CQflthir Sfio A,, Ph [11 or 1ILl)ING Icm ccmThIUNITY 5TMfl1LRDSCity øf r11l r1...BROOKLYN L ic e n s e M tk2r]a Pl a nCENTER L Type RI Lcne al c ms ACFrr w Frgrim Req Pha Fli II Owner or iint 'MIt ajteiid mit11um 5J% (2) o( ih A.ftM, reet?ng., The A.RM, mustibe cnij vp jeted withIn the rent 1jsi pErfo d a nd bfrt the p e^md f ng Type IV L[e e x piratloii da t e, Pegistrali o n is not foqufred, ñuvryoumust s ign ,i rl durin the mcrtin.. Writ lwa rneiinci d a les an owner oe agwLt, pIn tciitend, Owner or fli wi I!end A.R.r',j, mELIr gs chudued On - ard_121RD 2) H ;# ript cod ioltlop. Pr iiouI docLIme[-1pJ wll Ole P881i year, The fc'Fi'wñ-i tiorj req urti for prp-kJ with four t mnre unit s ,El 1 Cunduci rfrien 1r.inki nr IJE1flyftt i nckider,, c rinio prvr-tijr ctiniquefl2,) Condu1 reU!e' re s ident rnetng, P11 90 2^c- BIflLDThW AND COMMUNrfl SThNDAItD r 4th Av eBROOKL'3N klr! C'nL r MN 420 R en t a l Lilem-Pn5o W ilq z tlori FIr j Type [V Lieno Setio —Long Thrrn Cptfmprovortpjjn Base d an cci ndaion and imatd rpaconient date ücied lo be provided for camrom ccapit& iterii. Furc[kig 5hoUd b contereci a•oOrdnly. lems lhat ro brokri, rii. or oiherwo ri viokVon prior to the eUrntei rploernen d a le- need to bo topl a ced scrjer. All li&j))s muM h' date for Esrj'rited Rp';eent D a tes ,-su c h a5i, "uir& when broken .'1 wiH riot be a c vLpted, If you aro irUr of when an ilarri will need to e rplce'J, ycu can rua ke pcedcton based an the ao appernce, onditlon, or rec,,)mrn onda V onF,, Add i z laimdJ Information on Epectod 1No I Life c c n be found al w'ii hud ov , D a te Lt Rtcd C Reptcricr Date Exrnp?: Water *T My 2(1 10 -F My 2020 Li 2025 Water Hriatlar -r 20^tJ 200i 0LJEi 2-02KllChP.n App1irice5 20110 2O2 ______ Laundry Applir-mces Smoke Alarmsl N M rbOfl Monoide Alrrns J nu 2Ul i_El hlsy 2M Windo vi RA.D025 ..-Roof - 111FeO JO W ary 01S MADrIvewaY 2020 N A 0 t h e r -_.-..----. GdIO bbreiUfl M-sk-oP.'d4 J1'uv 4r-1 ypnd Try,.. 71 I..............................BràY BrW Cefltt C2 I 00 ?iIng Cr 01:1 OW BUILDING AND COMMUNITY STANDARDS Ro. Llcene MltlatiDr1M, CENTER Type V Lkvi Sections C—Steps tQImJ-tvD UcJ ifPropëtty The Hems in ini setkir been pro,-'en in mii3iol ileith priorly imerL and prpert imai. 'rho following actions ro toquived , 1 Ch.eik'iri waft tor';ariin vcry 3-dy 2 Drirve by proparty [0 ch' for possible Gada violaUri5 3) E01 1iria nis in 'riclalicci of tria lease c' any addeUurns. ? F riIrL current on all :iJLilfty fees,taxes, .rrFnL, fine, pEril1ie and oLh financial cIim&prnirft dii& o 1he Cily 5,t lJftier: The irôwIjg act]ions are opfinal un1 lrd bytho City. 1) Pr.Ide kiic ivice. LJ 2) Provide cbaq 3 ri1II cur['E] 4) PovcJa maintenance Plan for ppiance. r'kirri' oacMce company Ej 5 1 Other; If the Type IV-6 Morilh Rcinlnl License ía apprcied by the Cily Council. the licensee rnLrsl cirriply w1r ih pprod MUeEon Pten and J pplicb1e Cily Cio. A writen report rni..is be hrncd by th iD day of each month with ari updalle of actions boing ther byth& owner dIr agent to ccimjIyw(th 111 Is WtIgattun A Copy of the Monthly Up can be lbund rm pe 7, A filldblu form can be founee co iho Cit/s 'ebd1e U'i'bruokt Uriter..rg or call i?5 -3330 lc h'te .n elecrr.trilt copy ew' to 'o'i ema:J, Please attach 1cia1 Fnforrnitftiri If nsEary, çy of [Jr4)yr c sr—&iflding iYjl Community rCi,nhj 'ir [JIjT1 1J 21ti 1 Pt'Jç 96 3 ,M30 1 TVII 711 1 F: 1J -O flEC OXL LrN CENrER AND COMMUNITY STANDARDSl.3 64ih/v. flrccri C<,ntr, eiLi Llcerlse M1t9tiori P!i Type IV •Swi a nd Verify 'rff'i tha Il Lnfo.rmatc. prc''idd fE true iF1ci ncxuratc, I undeJElarid tis if ! da no ccpiy th The El Pp Mi1ia1iri Pftjri ampIywit'i efl ikjm vfIffif!-, lhe Iicere picJ, cr beyond ire JIcnf CpJF.OI! Jjrj, orfcrmrj ;3C1iOr ith as cit iir, frirrnA comi or iirrit r'iii may r&uIL. Nikki LiiIa Pprt naw T).' (P.ePniI . A - flore ..iu T' ( i1d]i' OrLy ej !?r.nj Dara C? / (2 bep&(:iii 4 4 a nd oJrir ricJ'd prqr) Pri M vccJ ori MWi Pr '. 4-N-5ktyn tl uIddn Ctrtuiniy 8mxdi prmq- ce CrrPr-W?/ E!rk"in Ci-iInr4 E--1 r fpijii: (733J. I1Y: 7 1 1 1 Fi:176)5lj Work Session Agenda AGENDA CITY OF BROOKLYN CENTER CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION November 9, 2015 Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M. Council Chambers City Hall A copy of the frill City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. ACTIVE DISCUSSION ITEMS 1. Brooklyn Center University for Youth - BrookLynk Update PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1.Paperless Packets Report 2.Opportunities for Small and Diverse Businesses Work Session Agenda Item No. 1 MEMORANDUM COUNCIL WORK SESSION DATE: November 5, 2015 TO: City Council FROM: Curt Boganey, City Manage SUBJECT: BCU for youth Recommendation: It is recommended that the City Council consider providing direction to staff regarding the suggested idea of BCU for youth. Background: At the August 171h joint budget meeting Councilmember Graves introduced the idea of involving Youth in the City's eight week community engagement program known as BCU. This suggestion was discussed during the September 14th study session. Following a lengthy discussion (minutes enclosed) the Council consensus was to place this item on a future work session for further consideration. During the discussion regarding BCU for youth there was a good deal of conversation about the Minneapolis program STEP-UP. This is a program that is similar to BrooklyLynk.works a program established and operated by the Brooklyn Bridge Alliance for Youth. Executive Director Rebecca Gilgen will be at the meeting on Monday. She will provide a brief overview of the BrooklyLynk.works and our accomplishments during the first year of operations as well as future plans. I believe this presentation will be helpful in establishing a common understanding of what the City is currently doing in the area of facilitating employment and career growth opportunities for youth. Policy Issues: Is there further Council direction or questions for the City Manager regarding youth engagement activities? Strategic Priorities: Strengthened and Empowered Youth 1lfission: Ensuring an (lllractive, clean, safe, ii:chtsive community that enhances the quality of life for all people and preserves the public trust MEMORANDUM COUNCIL STUDY SESSION' PATE: September 10, 2015 TO: City Council FROM: Cult Boganey, City Manag SUBJECT: Miscellaneous Items Recommendation: It is recommended that the City Council consider providing direction to staff regarding the following Study Session items. 1.Brooklyn Center University for Youth 2.Opportunities for Small and Diverse Businesses Background: The two subject items above were brought to the City Council by Councilmember Graves at the Joint Budget Work Session of August 17th 2015. It is our typical practice and Council Policy to determine if there is a majority consensus among the Council to direct staff to invest resources into taking action, studying and or developing recommendations regarding the subject topic. Typically we ask the interested Council member to further elaborate or describe the issue so that clarifying questions can be asked to establish a common understanding of the issue. After the issue is clearly established and questions have been identified/addressed; we ask the Council to provide further staff direction. Typically the direction will be one or more of the following actions: 1.No further staff action required 2.Defer any further action until a future designated time period 3.Place topic on a work session agenda so that the Council can spend more time discussing the possible staff direction 4.Further staff research to include recommended alternatives for review at a future work session. 5. Implement the recommendation as discussed in the Study Session We look forward to the discussion and you direction. Mission: Ensuring an attractive, c1ciii safe, inclUSi;Q' COiitiiinhtiIJ' that enhances the tjnaliit' of life for all people aizdpiesea'es the public trust MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION SEPTEMBER 14, 2015 r CITY HALL - COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:04 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, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Director of Community Activities, Recreation and Services Jim Glasoe, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Troy Gilchrist, and Denise Bosch, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Ryan requested item 6f Resolution Requesting and Supporting the Minnesota Department of Transportation and the Metropolitan Council to Update the State's Transportation Plan to Include a TH 252 Freeway Conversion Project and to Immediately Proceed with the Necessary Freeway Conversion Study, Planning, and Funding for this Project be moved from the consent agenda to the regular meeting agenda under item lOc. Mr. Boganey pointed out that updated copies of the special assessment rolls removing those that have been paid since last week have been distributed to the Councilmembers. MISCELLANEOUS Brooklyn Center University for Youth Mr. Boganey stated that this item was brought forth by Councilmember Graves for discussion at a Work Session and that the City Council vets these items at its Study Session. He turned the discussion over to Councilmember Graves. Councilmember Graves stated that the City does have two similar programs in place and that her idea could be included in these programs by making space for youth to be involved. She suggested the possibility of having a university for adults and for youth. 09/14/15 Mr. Boganey asked Councilmember Graves what ages she was thinking of targeting. Councilmember Graves replied that there was a need for a program for youth that are technically adults ages 18-23. She stated that there are not a lot of programming dollars for that age group. Mayor Willson asked Councilmember Graves if she was thinking of waiving an entrance fee. Councilmember Graves replied that participants should not have to pay a fee and this may be accomplished by connecting it to the work program already in place. Mayor Willson pointed out that the registration fees are not in place to make a profit but to offset program costs. Councilmember Myszkowski stated that she likes the idea of linking it to BCU and is intrigued by the idea of linking it to the STEP-UP program. She stated that the youth that participate tend to be representative of the community; there is really very little civic education in schools; and that there are young people that slip through the cracks because they have no connections. She stated that youth would be connected to people that have a knowledge of how to further their own ambitions and she agrees with Councilmember Graves' target age range. She stated that she is not sure how' to find funding for this and doesn't know how much it would cost, but possibly it could be rolled into other programs and there may be community partners that would want to be involved. Councilmember Lawrence-Anderson suggested implementing it into the community education program. Councilmember Myszkowski asked if she meant adult community education. Councilmember Lawrence-Anderson replied that she was thinking about parks and recreation for the youth and a way in which to utilize the staff hours by putting it under an umbrella as opposed to creating another entity. Mayor Willson suggested civic credit for individuals that are in the schools; talked about BrookLynk; and suggested investigating if Yes, Inc. has candidates. He stated that he felt that Councilmembers should give staff direction to put this item on a Work Session. Councilmember Ryan stated that there is very strong motivation to look in this direction. He stated that Councilmeniber Graves had referred to programs with a broader scope and asked her to clarify her vision. Councilmember Graves stated that the STEP-UP program provided career development that is tailored by age and how long they have been in the program. Councilmember Ryan stated that he would not be opposed to bringing this item to a Work Session, but Councilmembers would have to be alert as to how it is focused and that it is not duplicating other programs. 09/14/15 -2- Mayor Willson asked if STEP-UP is something the City of Brooklyn Center can participate in. Councilmember Graves thought that it may be a possibility. Mayor Willson asked Councilmember Graves to approach them and Councilmember Graves agreed. Mr. Boganey stated that the cities of Brooklyn Center and Brooklyn Park participate in BrookLynk, which is similar to STEP-UP. He stated that the City could build this piece into that program. Mayor Willson stated that this is an option but that the goal is to reach out to youth that do not have ties or connections to programs. Mr. Boganey stated that the kids that would be involved in STEP-UP would be identical to the kids involved in BrookLynk. Councilmember Graves stated that if the STEP-UP program was willing to expand and take youth from Brooklyn Center, it would mean more jobs for the youth. She stated it wouldn't be a duplication because Minneapolis would be doing the advisory and it would be another opportunity for youth in Brooklyn Center. She stated that the Alliance could be strengthened by this and that her impression is that there still is a struggle to keep youth involved in the youth council. She sees this as an opportunity to get youth involved in leadership positions and it could be mutually beneficially. Mayor Willson stated the City may be able to piggy back on the STEP-UP program. Mr. Boganey stated that the City contracted with STEP-UP this year so there is already a relationship. Mayor Willson stated that there is a segment of youth that we are not reaching and that we are not looking for youth who are doing well in school and have the resources to move forward. There was consensus to bring this item to a Work Session. Opportunities for Small and Diverse Businesses Mr. Boganey stated that this issue was brought up by Councilmember Graves and asked that she explain it to Councilmembers. Councilmember Graves stated she knows that there has been research done by Mr. Boganey and she has had conversations with the Liberian community on this issue. She suggested providing an area of shops that business owners could lease collaboratively to make the City a destination place and to support small business. She stated that she felt there is a need for this in the community and in the community of color. She stated that there is a lot of talent that is untapped and this would make it more visible and accessible. Mayor Willson indicated he doesn't disagree and talked about examples he has been exposed to recently. He talked about an individual that was attempting to work with a City strip mall owner 09/14/15 -3- to bring this type of small business that never came to fruition. He stated his trepidation with the City acting as the lessor. Councilmember Ryan confirmed with Mr. Boganey that the Global Market on Lake Street was heavily subsidized. He spoke about the money needed for the vision. He stated that he appreciates Councilmember Graves bringing it up and that it should be looked into. He also stated that the Open for Business initiative does offer free consultant advice and helps small businesses set up a business plan and that it provides a great resource for diverse community members. Mayor Willson asked if Open for Business works with people on business models for free. Mr. Boganey stated he is not sure if there are more costs, but the initial discussion is free. Mr. Boganey talked about strategies to accomplish the City's economic stability initiatives that include a start-up strategy. It begins with a survey that analyzes the impediments and talking to small businesses. If the City decides to assist the small business, it determines the most beneficial strategy. He stated that December 15, 2015, is the target date for survey to be completed and the City hopes to have an implementation strategy by March of 2016. One of the specific items being looked at is creating a business incubator. This is not a new concept and it can work but it does have risks. He stated that CouncilmemberS have given staff this direction and if staff follows this direction they can give adequate information and responses to the concerns that have been raised. Councilmember Graves stated that these are good first steps and she is comfortable with waiting for results and for next steps. Councilmember Ryan suggesting comparing strategic goals to develop business opportunities with the City Brooklyn Park. Mr. Boganey stated that they may have a different strategy as their main focus is on new development. Councilmember Ryan commented on a conversation he had with Mike Sable, Brooklyn Park Interim City Manager, on this subject. Mayor Willson stated that 60% of New York City's growth came from start-ups and entrepreneurs. Mr. Boganey. stated that most job creation comes from existing businesses as opposed to new businesses. There was consensus to bring this item to a Work Session. Councilmember Graves asked Mr. Boganey if he was planning to do quantitative or qualitative research. Mr. Boganey replied he planned to do both types of research. 09/14/15 -4- Mr. Boganey spoke about a study done by a local professor on the potential value of African immigrant businesses in the north metro area. Mr. Boganey did have a conversation with him and the professor feels there is a strong market and opportunities if the entrepreneurs can get the support they need. Mr. Boganey plans to meet with him in the future. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL The Study Session adjourned at 6:37 p.m. RECONVENE STUDY SESSION The Study Session reconvened at 6:47 p.m. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS AMPHITHEATER PAVER INSCRIPTION POLICY City Manager Curt Boganey asked the City Council to consider two drafts of the Civic and Veterans Memorial Amphitheater Paver Policy. He stated that questions have been raised about what is allowable under the policy currently in place. He stated that the City Attorney and staff have discussed the issue and concluded that the policy should be a policy of the City. They wanted to be as clear as possible in determining acceptable inscriptions and wanted to set forth the purpose of the payers and also to specifically indicate what would be an unacceptable inscription on a paver. He stated that the first draft provides fairly broad messages and the second draft limits what can be inscribed so there is very little margin for error. He stated that once the City has established a policy and precedent, the broader it is, the more creative a person can be and the City cannot discriminate. Even with the various prohibitions outlined a person still has an ability to request an inscription that someone may not like even if the inscription complies with the limitations. He stated that the more limited approach really removes the flexibility and creativity. Mayor Willson commented that he felt that one draft is what one shalt not do and the second one is what one may be able to do. He wondered why they were not merged together. City Attorney Gilchrist stated that the drafts were meant to be separate approaches and they can be reworded. He stated that the broader the message you allow, the greater the chances are that someone will not be comfortable. He also stated that there are a surprising amount of litigations regarding paver inscriptions and they are trying to seek direction from the City Council and then make edits. Councilmember Lawrence-Anderson stated that she hears the rationale but still supports draft number one. She stated that if the policy is too restrictive less payers will sell and the most common sense issues are covered in draft one. Mr. Boganey stated that whatever policy was adopted would not affect previously paid for payers. 09/14/15 -5- Mayor Willson stated that he is not opposed to draft one, but wants to see something that says this is what you can do. He stated that he wouldn't want to pick between them. Councilmember Graves stated she likes the creative draft better and feels that it will generate more interest. She stated that draft number two could be used as suggested messages. She asked about the payers that have already been done. Mr. Boganey replied that all of the payers would fit under draft one. Mayor Willson stated that he purchased payers "In Memory of' and did not provide his title as mayor. He stated that at some point someone will need to decide what can be and what cannot be and there is a need for guidelines. Mr. Gilchrist stated that staff can put that sort of message in draft , one and flesh it out. Mr. Boganey stated that the intent behind draft one is you can say anything you want to say as long as it fits on the paver and doesn't violate the prohibitions. Draft two states you can only say these things. This discussion was suspended and continued at the Work Session. ADJOURNMENT The Study Session adjourned at 6:59 p.m. 09/14/15 -6- STATE OF MINNESOTA) COUNTY OF HENNEPIN) ss. Certification of Minutes CITY OF BROOKLYN CENTER) The undersigned, being the duly qualified and appointed City Clerk of the City of Brooklyn Center, Minnesota, certifies: 1.That attached hereto is a full, true, and complete transcript of the minutes of a Study/Work Session of the City Council of the City of Brooklyn Center held on September 14, 2015. 2.That said meeting was held pursuant to due call and notice thereof and was duly held at Brooklyn Center City Hall. 3. That the City Council adopted said minutes at its September 28, 2015, Regular Session. City Clerk May 09/14/15 -7- Brooklyn Center City Council Update November 2015 Mission To coordinate a system of high-quality, accessible and fully resourced opportunities that lead to an increase in high school graduation and pathways to college or career and reductions in young people’s experience of violence. How we do our work Strategies Initiatives •Youth in City Government •Hennepin County Youth Sports Grant – Mobile Recreation •Brooklyns Connect Spring Door knock •Brooklynsconnect.org •Afterschool Quality Program Network •BrookLynk – Step-Up for the Brooklyns BrookLynk A response to our community needs. •A work-readiness program for youth ages 14-19. •Modeled after Step-Up Minneapolis. •Summer internships for youth ages 16-19. •BrookLynk recruits, trains and matches youth and employers. Achieve: Career-oriented internships for youth seeking professional opportunities in various career fields Discover: Specialized work opportunities for youth facing significant barriers and needing additional support Explore: Entry-level jobs for youth with limited work experience that help prepare them for more challenging opportunities Program Opportunities Who are the BrookLynk Interns? BrookLynk Interns reflect our changing community and future workforce. BrookLynk Interns are highly motivated youth who: •Represent over 20 different cultures •Are first or second generation immigrants •Will be the first in their family to attend college •Come from low-income families Who are the BrookLynk Employers? BrookLynk employers seek to attract and retain local talent. Manufacturing Education and Training Business Administration Health Science Technology Government and Public Administration Information Technology (IT) Public Safety Human Services Law Updates – Employer Outreach Page 8 2015 Employers Christy’s Auto Service Updates – Employer Outreach Employer outreach for 2016 is strong. Staff have begun discussion with the following employers: Cummins Power Generations Business Unit (STEM) TopLine Federal Credit Union (Finance) Osseo Area Schools (Education) Three Rivers Park District (Parks and Recreation) Page 9 Employers •100% of supervisors would like to participate again •90% of supervisors reported that their interns met or exceeded their expectations of job responsibilities and workload •76% of supervisors said their intern was prepared to enter the workforce Youth •100% of interns would recommend BrookLynk to a friend •86% completion rate - 25 youth completed the summer internship, our goal was 20 •4.4 was the average rating given to supervisors by interns BrookLynk Results 2016 Next steps… •Alliance will continue to coordinate program expansion to get more youth involved and engaged. –YMCA in the Brooklyns –Support the Cities Mobile Recreation •Expand BrookLynk –Goal is 50 internships for next summer •Alliance will support program improvement for partners and all afterschool programs in the Brooklyns. Thank you for supporting youth, innovation and change in the Brooklyns!