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HomeMy WebLinkAbout2016 01-25 CCP Regular SessionAGENDA CITY COUNCIL STUDY SESSION January 25, 2016 6:00 p.m City Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 1.City Council Discussion of Agenda Items and Questions 2.Miscellaneous 3.Discussion of Work Session Agenda Items as Time Permits 4.Adjourn CITY COUNCIL MEETING City of Brooklyn Center January 25, 2016 AGENDA 1.Informal Open Forum with City Council - 6:45 p.m. —provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality, grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2.Invocation - 7 p.m. 3.Call to Order Regular Business Meeting —The City Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 4.Roll Call 5.Pledge of Allegiance 6.Approval of Agenda and Consent Agenda —The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes 1.January 11, 2016—Study Session 2.January 11, 2016 - Regular Session 3. January 11, 2016—Work Session b. Licenses Resolution Establishing Parking Restrictions for Segments on 57th Avenue North from Logan Avenue North to Lyndale Avenue North d. Resolution Calling for a Public Hearing on a Modification to the Redevelopment Plan for Housing Development and Redevelopment Project No. 1, the Establishment of Tax Increment Financing District No. 7, and the Adoption of a Tax Increment Financing Plan Therefor CITY COUNCIL AGENDA -2- January 25, 2016 e. Resolution Extending a Moratorium on New Rental Dwellings and Regulating the Residency Location of Predatory Offenders within the City 1. An Interim Ordinance Extending 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 —Approve first reading and set second reading and Public Hearing for February 22, 2016. 7.Presentations/Proclamations/Recognitions/Donations a. Resolution Expressing Recognition and Appreciation of Steve Williams for Over 37 Years of Dedicated Service to the City of Brooklyn Center Requested Council Action: —Motion to adopt resolution. 8.Public Hearings —None 9.Planning Commission Items a. Planning Commission Application No. 2016-001, Submitted by SCA Properties, LLC Requesting Approval of a Planned Unit Development Amendment and Site and Building (Development) Plan Approval for The Sanctuary of Brooklyn Center, the 1 58-unit Senior Assisted Living Housing Project, Located at 6121 Brooklyn Boulevard. The Planning Commission recommended (unanimous) approval of this Application at its January 14, 2016, meeting. Resolution Regarding the Disposition of Planning Commission Application No. 2016-001, Submitted by SCA Properties, LLC Requesting Approval of a Planned Unit Development Amendment and Site and Building (Development) Plan Approval for The Sanctuary of Brooklyn Center, the 158-unit Senior Assisted Living Housing Project, Located at 6121 Brooklyn Boulevard Requested Council Action: —Motion to adopt resolution. 10.Council Consideration Items a. Consideration of Type IV 6-Month Provisional Rental Licenses 1.6000 Bryant Avenue North 2.5301 Russell Avenue North, Sommerset Place Apartments 3.5418 70th Circle 4.4207 Lakeside Avenue #236 5.5443 Logan Avenue North 6.6101 Xerxes Avenue North 7.Resolution Approving a Type IV Rental License for 7240 West River Road 8.Resolution Approving a Type IV Rental License for 5200 63rd Avenue North CITY COUNCIL AGENDA -3- January 25,2016 9.Resolution Approving a Type IV Rental License for 6607 Beard Avenue North 10.Resolution Approving a Type IV Rental License for 6021 Emerson Avenue North 11. Resolution Approving a Type IV Rental License for 4201 Winchester Lane Requested Council Action: —Mayor poll audience for applicants to address Council. —Receive staff report. —Motion to open hearing. —Receive testimony from applicants in order. —Motion to close hearing. —Take action on rental license applications and mitigation plans. b. Mayoral Appointment of Member to Serve on Park and Recreation Commission Requested Council Action: —Motion to ratify Mayoral appointment. 11.Council Report 12.Adjournment AGENDA CITY OF BROOKLYN CENTER CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION January 25, 2016 Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M. Council Chambers City Hall A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. ACTIVE DISCUSSION ITEMS 1.TH 252 Corridor Study Update 2.Updates on the EDA's Purchase Agreement and Draft Tax Increment Agreement Associated with The Sanctuary at Brooklyn Center Senior Living Project (6121 Brooklyn Boulevard) 3.Review of the Conceptual Development Plans and Vision Proposed by Sand Development for a Market Rate Apartment Development within the Southern Portion of the Opportunity Site 4.2016 Legislative Priorities 5. Transmitting Housing Commission Curbside Cleanup Request PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1.Paperless Packets Report 2.Opportunities for Small and Diverse Businesses 3. New Rental Dwelling License Moratorium City Council Agenda Item No,, 6a MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION JANUARY 11, 2016 CITY HALL - COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:00 p.m. ROLL CALL Mayor Tim Willson and Councilmembers April Graves, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, and Denise Bosch, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Mayor Willson stated that there was a mutually acceptable change under Council Consideration Item No. 10c "Mayoral Appointments of City Council Members to Serve as Liaisons to City Advisory Commissions and as City Representative/Voting Delegates for Other Organizations for 2016" with Coüncilmember Graves serving on the Adhoc Youth Advisory Commission and Councilmember Myszkowski serving on the Crime Prevention Program. Councilmember Ryan referenced Consent Agenda item 6m "Resolution Approving Plans and Specifications and Authorizing Advertising for Bids, Improvement Project Nos. 2016-01, 02, 03 and 04, Palmer Lake West Area Street, Storm Drainage and Utility Improvements" and stated that he had talked to City Manager Curt Boganey and Public Works Director/City Engineer Steve Lillehaug about the concerns brought up at the Public Hearing on December 14, 2015 regarding safety at 72 d and Woodbine where they join West Palmer Lake Drive. He noted that staff had assured him that the safety precautions currently planned will be sufficient for the volume of traffic and pedestrians and that at this time nothing else is warranted. He stated that he wanted to call attention to the issue and wanted citizens to know that all measures have been taken to address safety issues. He thanked Mr. Lillehaug for his explanation of the issue. Mayor Willson requested the following clarification to the December 14, 2015, Study Session minutes on page two: "Mayor Willson asked Mr. Boganey if he distributed the Liberian Vice President's letter." 01/11/16 -1- DRAFT It was the majority consensus of the City Council to accept the correction to the December 14, 2015, Study Session minutes. Councilmember Lawrence-Anderson referenced Council Consideration Item No. 10d "Hearing and Consideration of an On-Sale Class B Intoxicating Liquor License, 2 A.M. Liquor License, and Sunday Liquor License for Jammin Wings LLC, 2590 Freeway Boulevard" and stated her confusion on how a business isn't able to separate deposits from different business locations. She asked if having the deposits segregated going forward is something that can be required. Mr. Boganey stated that this was not added as a condition but it was discussed. He stated that it does seem appropriate that the City Council could add that as a condition of the license and it wouldn't seem like an undue burden for the business and an unreasonable condition. Councilmember Lawrence-Anderson stated that she doesn't think it is a cost issue but is concerned from a management and financial standpoint that it doesn't look right. Mr. Boganey stated that the fact that the deposits weren't segregated further complicated the City's ability to audit and discern what was going on. Mayor Willson stated that the City Council can't dictate how they manage their business but it does need to know whether they are meeting the ratio of food and liquor sales. If they can't prove that with actual documentation, then they are not in compliance. He stated that it seems that the City Council should take an action on the whole business and have them come back in six months. Councilmember Lawrence-Anderson stated that it seems confusing and that standard operating procedure is to have separate books for each location. Mayor Willson stated that the burden of proof is on them to prove there is the correct ratio and they haven't been able to do that. Councilmember Ryan stated he concurs with Mayor Willson and Councilmember Lawrence- Anderson and asked if the City Council should insist on a clearer reporting procedure by the business. Mr. Boganey stated that the ordinance mandates that businesses have to make available to the City upon request the documentation necessary to confirm they have met the food/alcohol ratio. The burden of proof is on the business. MISCELLANEOUS Councilmember Ryan encouraged Councilmembers to attend the Legislative Breakfast hosted by the City of Crystal on January 30, 2016. Councilmembers handed in documents related to Auditor's Compliance Declaration Week. 01/11/16 -2- DRAFT Mayor Willson stated that the State of the City address will be given on January 14, 2016, at Edinburgh Golf Course. Councilmember Ryan stated that Councilmembers were asked to RSVP to the North Hennepin Area Chamber of Commerce. Councilmember Ryan stated that he had distributed informational documents regarding Work Session Item No. 3 "Discussion Regarding Proposed Pedestrian Bridge at Co. Rd. 81 and 63rd Avenue North as Part of the Proposed Metro Blue Line Extension Light Rail Project" that he hopes will assist in the discussion. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS Mr. Boganey suggested that the City Council start with Work Session Agenda Item No. 3. DISCUSSION REGARDING PROPOSED PEDESTRIAN BRIDGE AT CO. RD. 81 AND 63RD AVENUE NORTH AS PART OF THE PROPOSED METRO BLUE LINE EXTENSION LIGHT RAIL PROJECT Mr. Boganey stated that he had received an e-mail from Councilmember Ryan who had a conversation with Brooklyn Park Councilmember Rich Gates about an upcoming meeting on January 19, 2016, to discuss the METRO Blue Line Extension Light Rail. Councilmember Ryan had asked that it be put on the Work Session agenda for further discussion. The Brooklyn Park City Manager had indicated that Brooklyn Park will also be having a discussion about this item this evening and will have a staff recommendation on a pedestrian bridge. Public Works Director/City Engineer Steve Lillehaug made contact with the Metro Transit staff person who is familiar with the project and process. He stated that it is fair to say that the Met Council staff recommendation is not to include the bridge due to costs and that the City of Brooklyn Park would have to be the owner. They are questioning the cost benefit of the bridge and have several different layouts. Some layouts would increase the time to make it to the transit stop, and it is fair to say that the pedestrian bridge would add a measure of safety. He stated that Met Council staff seem to be taking the position that the cost benefit isn't there, but it is not a decided action and there will be a Public Hearing and if the City is going to weigh in, it probably doesn't want to delay. Mayor Willson stated that these are Public Hearings that are held by entities that have jurisdictions along the Blue Line. He stated that he serves on the Corridor Management Committee and they have come to the same conclusion and recommended to the Met Council that they approve the plan without the pedestrian bridge. The Met Council is now in the latter stage of the approval process. He stated he is not opposed to having citizens going to the public meetings, but the City has a voice on the METRO Blue Line Extension Light Rail through the Corridor Management Committee. He is wondering why Councilmember Gates chose to resurrect the issue given where the process is and should the Met Council decide to go back it will have significant impact on timing. 01/11/16 -3- DRAFT Councilmember Ryan stated he didn't conclude that just by having conversation with Brooklyn Park Councilmember Rich Gates that a pedestrian bridge is the solution, but after having contact with a couple of Met Council staff who serve as Community Outreach Coordinators, he made the supposition that their information would be up to date and they seemed to indicate that it was something that was being actively considered. He would like to attend these hearings and focus on safety and connectivity issues. He stated he was not aware of the Mayor's involvement with the Corridor Management Committee and that it was recommending that there be no bridge. Mayor Willson stated that there seems to be a Met Council staff conflict. He does understand the issue and is not opposed to the bridge other than the cost and what the City of Brooklyn Park would have to do to build and own it. He is wondering where and how much we want to get involved in the Public Hearings and to bring this issue before other government bodies. Councilmember Ryan stated that there will be a meeting on January 19, 2016 with the Hennepin County Board, Met Council, and the Hennepin County Regional Railroad Authority. He thinks that at these meetings issues such as pedestrian bridges would be brought up and he may choose to raise the concern of safety. He understands that there is a time element. Mayor Willson stated that the debates have already taken place within various committees that have had City representatives. He is not concerned with Councilmember Ryan attending as a private citizen but would have concerns about him acting on behalf of the City considering that the process has been completed. Councilmember Ryan stated that he would not want to do anything that was not in accord with the City Council's consensus. Mr. Boganey stated that the City Council can take a position or no position. He stated that staff believes that the bridge adds a measure of safety but it is not in a position to say that it is cost effective. Mayor Willson stated that the City Council could show its support of the City of Brooklyn Park if they pursue going forward with the bridge. He doesn't want the issue to hold up the Blue Line process. Councilmember Myszkowski stated that a bridge would have a significant impact on an apartment complex not far from the intersection. She had assumed that those residents would have a safe way to cross. She is guessing that they would also benefit from the Blue Line. She stated that she wishes she would have engaged in this issue sooner than today and she suspects that those most impacted would be people with small children or the elderly. She doesn't know if it's too late, but if the City of Brooklyn Park votes in favor of the bridge, then she is all for it. Councilmember Ryan stated that he should have contacted the City of Brooklyn Park and City of Crystal City Managers to find out their staff position. He felt that from what he learned from the Met Council staff members that it was worth it to raise the issue due to safety concerns. He stated that it may be best for the City Council to wait and see what the City of Brooklyn Park determines and he got the impression that the City of Brooklyn Park was in favor of it. 01/11/16 -4- DRAFT Mayor Willson stated he hasn't heard that yet and it sounds like they will discuss it tonight. He stated that the Brooklyn Center City Council won't meet before January 19, 2016, and the dilemma is that if the City of Brooklyn Park wishes to pursue and take ownership of the bridge, then the City Council should meet prior to the January 19th meeting to determine how it will support the City of Brooklyn Park. He feels that the meeting on January 19 th would be the meeting to attend. Councilmember Graves stated that the Health Equity Engagement Cohort that she is a part of has been doing a lot of engagement around the Blue Line project and she knows they made a strong effort to connect with the apartments regarding the Blue Line. Councilmember Lawrence-Anderson stated that safety is of paramount importance and talked about the number of accidents on the Green Line. She stated that we will have to see what the City of Brooklyn Park decides. Mayor Willson stated that this isn't the only place along the Blue Line that a pedestrian bridge is being discussed and asked how the Councilmembers would like to proceed. Councilmember Ryan stated that the City Council could determine the City of Brooklyn Park's position and should they decide in favor of pedestrian bridge, then the City Council should help them advocate for it. He stated that he brought this up at the risk of some embarrassment not knowing all of the details of the planning process, but after speaking with members of the Met Council Blue Line Project Staff. The City Council could meet prior to the January 19 meeting and perhaps send a letter in support of the decision. Mayor Willson stated he is not worried about any personal embarrassment and thinks they worked well in committee. His observation was that there was not support in committee to go forward. Councilmember Ryan stated that he was speaking for himself because too often people step into situations without knowing details. This issue had been brought to his attention by a City of Brooklyn Park City Councilmember and he felt it would be worth bringing it forward. Mayor Willson suggested that the City Council meet on Thursday or Friday of this week and decide on an appropriate action. Councilmembers decided to meet January 14, 2016, at 4 p.m. ADJOURNMENT Councilmember Ryan moved and Councilmember Myszkowski seconded to adjourn the Study Session at 6:45 p.m. Motion passed unanimously. 01/11/16 -5- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JANUARY 11, 2016 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, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, 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. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. No one wished to address the City Council. Councilmember Myszkowski moved and Councilmember Graves seconded to close the Informal Open Forum at 6:47 p.m. Motion passed unanimously. 2.INVOCATION Mayor Willson requested consideration and thought for the victims of mass gun shootings in the United States and the dilemma on how, where and what we should to do with the number of guns floating around. He asked for focus on those individuals who have lost their lives in mass shootings. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:01 p.m. 01/11/16 -1- DRAFT 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, Planning and Zoning Specialist Tim Benetti, Director of Community Activities, Recreation and Services Jim Glasoe, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, Police Chief Kevin Benner, Fire Chief Lee Gatlin, 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 Graves seconded to approve the Agenda and Consent Agenda, as amended, with amendments to the Study Session minutes of December 14, 2015, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1.December 7, 2015 —2016 Budget Hearing 2.December 7, 2015 - Special Session 3.December 14, 2015 - Study Session 4.December 14, 2015 - Regular Session 6b. LICENSES FIREWORKS - PERMANENT Target GASOLINE SERVICE STATION Boulevard Enterprises Inc. MECHANICAL Hillside Heating and Air, LLC Minnesota Heating and Air PUBLIC DANCE Jammin Wings, LLC RENTAL INITIAL (TYPE III - one-year license) 5018 Abbott Avenue N RENEWAL (TYPE III— one-year license) 6100 Shingle Creek Parkway 5300 Dupont Avenue N 15175 791h Street NE, Otsego 1070193 d Avenue N, Suite B, Maple Grove 2590 Freeway Boulevard Jack Vang 01/11/16 -2- DRAFT 6740 Grimes Place Victoria Townhouses 7111 Riverdale Road 6816 Bryant Avenue N 3319 Mumford Road RENEWAL (TYPE II— two-year license) 6331 Beard Avenue N The Avenue 4110 Lakebreeze Avenue 4811 Lakeview Avenue 420762 d Avenue N 430963 d Avenue N 3312 65th Avenue N 5529 Aldrich Drive N 5424 Fremont Avenue N 6353 Halifax Drive 5659 Knox Avenue N 2718 O'Henry Road 5412 Penn Avenue N RENEWAL (TYPE I— three-year license) 6700 Humboldt Avenue N Sterling Square 5347-49 Penn Avenue 142163 rd Lane N 331966 th Avenue N 6007 Girard Avenue N The Gaughan Properties (Missing 1 ARM meeting) Allan and Vickie Olson Ebizimo Nagberi William Coleman CC17 1 Holdings LLC Mindy Brummer Diane Krenz Christopher Rasmussen Kyle Dalton Charles Kaatz Betty Scully Bill McCrum Charles Anderson Rory Mysliwiec Wade Klick Anthony Martin John Roder Karen Palek Gary Fraser Invitation Homes Ben Cleve Dossman IV SECOND HAND GOODS DEALER GameStop, Inc. 6068 Shingle Creek Parkway 6c.RESOLUTION NO. 2016-01 DESIGNATING OFFICIAL NEWSPAPER 6d.RESOLUTION NO. 2016-02 DESIGNATING DEPOSITORIES OF CITY FUNDS 6e. RESOLUTION NO. 2016-03 APPOINTING BROOKLYN CENTER REPRESENTATIVES TO EXECUTIVE COMMITTEE AND/OR BOARD OF DIRECTORS OF THE BROOKLYN BRIDGE ALLIANCE FOR YOUTH, HENNEPIN RECYCLING GROUP, LOCAL GOVERNMENT INFORMATION SYSTEMS, NORTH METRO MAYORS ASSOCIATION, NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL, NORTHWEST SUBURBS CABLE COMMUNICATIONS COMMISSION, PETS UNDER POLICE SECURITY, TWIN LAKES JOINT POWERS 01/11/16 -3- DRAFT ORGANIZATION, AND MINNEAPOLIS NORTHWEST CONVENTION & VISITORS BUREAU 61. RESOLUTION NO. 2016-04 APPOINTING MUNICIPAL TRUSTEES TO THE BROOKLYN CENTER FIREFIGHTERS RELIEF ASSOCIATION BOARD OF TRUSTEES 6g.RESOLUTION NO. 2016-05 RECOGNIZING THE CONTRIBUTIONS OF ETHNIC POPULATIONS AND HERITAGE CELEBRATIONS 6h.RESOLUTION NO. 2016-06 GRANTING CORPORATE AUTHORITY FOR SIGNING OF CHECKS AND TRANSACTIONS OF FINANCIAL BUSINESS MATTERS 6i.RESOLUTION NO. 2016-07 OPTING NOT TO WAIVE LIMITED TORT LIABILITY FOR 2016 6j.RESOLUTION NO. 2016-08 CALLING FOR A PUBLIC HEARING REGARDING PROPOSED USE OF 2016 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS 6k. RESOLUTION NO. 2016-09 AUTHORIZING LEASE BETWEEN THE CITY OF BROOKLYN CENTER AND LOGIS FOR POLICE BUILDING SPACE 61. RESOLUTION NO. 2016-10 APPROVING THE LABOR AGREEMENT FOR LAW ENFORCEMENT LABOR SERVICES (LELS) LOCAL 82 (POLICE OFFICERS AND DETECTIVES) AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEARS 2016 AND 2017 6m. RESOLUTION NO. 2016-11 APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NOS. 2016-01, 02, 03 AND 04, PALMER LAKE WEST AREA STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. RESOLUTION NO. 2016-12 EXPRESSING RECOGNITION AND APPRECIATION OF JOHN RUSSELL FOR HIS DEDICATED PUBLIC SERVICE ON THE PARK AND RECREATION COMMISSION Mayor Willson read in full a Resolution expressing recognition and appreciation of John Russell for his service on the Park and Recreation Commission and presented him with a certificate. 01/11/16 -4- DRAFT Councilmember Ryan moved and Councilmember Graves seconded to adopt RESOLUTION NO. 2016-12 Expressing Recognition and Appreciation of John Russell for His Dedicated Public Service on the Park and Recreation Commission. Motion passed unanimously. 8.PUBLIC HEARINGS None 9.PLANNING COMMISSION ITEMS None 10. COUNCIL CONSIDERATION ITEMS 10a. SELECTING PRESIDING OFFICERS - MAYOR PRO TEM AND ACTING MAYOR PRO TEM Mayor Willson recommended ratification of Dan Ryan as Mayor Pro Tern and Lin Myszkowski as Acting Mayor Pro Tern. Councilmember Lawrence-Anderson moved and Councilmernber Graves seconded to ratify the following 2016 Mayoral Appointments: Mayor Pro Tern Dan Ryan Acting Mayor Pro Tern Lin Myszkowski Motion passed unanimously. lOb. RESOLUTION NO. 2016-13 DECLARING COMMITMENT TO THE BROOKLYN CENTER CITY CHARTER Mayor Willson introduced the item and read in full a Resolution expressing the City Council's commitment to the Brooklyn Center City Charter. Councilmember Ryan moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2016-13 Declaring Commitment to the Brooklyn Center City Charter. Mayor Willson commented that each year he reads the resolution he is reminded of his feeling of great respect and great reliability on City staff and his opinion that staff has done an excellent job as long as he has been mayor. It has been a strong and cordial relationship. Motion passed unanimously. 01/11/16 -5- DRAFT lOc. MAYORAL APPOINTMENTS OF CITY COUNCIL MEMBERS TO SERVE AS LIAISONS TO CITY ADVISORY COMMISSIONS AND AS CITY REPRESENTATIVES/VOTING DELEGATES FOR OTHER ORGANIZATIONS FOR 2016 Mayor Willson recommended ratification of the 2016 appointments to serve as liaisons to City advisory commissions and as City representatives and voting delegates for other organizations. He pointed out a minor change previously accepted by Councilmembers that Councilmember Myszkowski will serve on the Crime Prevention Program and Councilmember Graves will serve on the Ad Hoc Youth Advisory Commission. Councilmember Myszkowski moved and Councilmember Graves seconded to ratify the following 2016 Mayor Appointments as amended: Commission/Organization Councilmember Financial Commission Lin Myszkowski Housing Commission Kris Lawrence-Anderson Park and Recreation Commission April Graves Ad Hoc Youth Advisory Commission April Graves Crime Prevention Program Lin Myszkowski Earle Brown Days Committee Kris Lawrence-Anderson Tim Willson - Alternate League of Minnesota Cities Dan Ryan; Tim Willson-Alternate Metro Cities Dan Ryan; Tim Willson-Alternate North Hennepin Area Chamber of Commerce Tim Willson Motion passed unanimously. lOd. HEARING AND CONSIDERATION OF AN ON-SALE CLASS B INTOXICATING LIQUOR LICENSE, 2 A.M. LIQUOR LICENSE, AND SUNDAY LIQUOR LICENSE FOR JAMMIN WINGS LLC, 2590 FREEWAY BOULEVARD Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. City Attorney Gilchrist indicated that he had worked with City staff on this process. Mr. Boganey presented an overview of the conditional license. Mayor Willson observed that this isn't the first time the City Council has taken action to make sure the ordinance is being upheld. He does not see this as out of the norm, but does see Jammin Wings' record keeping as being out of the norm. He thinks this issue should be taken seriously. Councilmember Graves asked about Class B in the ordinance and if bars that only sell liquor are prohibited in the City. 01/11/16 -6- DRAFT Mr. Boganey stated that his belief that only cities of the first class are allowed to have liquor- only establishments. Attorney Gilchrist stated that the restriction on the 50 percent relates to the restaurant classification. Councilmember Graves asked who decides City classifications. Mayor Willson answered that the State as well as City ordinance. Mr. Boganey stated that liquor sales in the state of Minnesota are highly regulated. Councilmember Myszkowski moved and Councilmember Graves seconded to open the hearing. Owners Wayne Brown, Albertville, and Kristy Brown, 1658 Gershwin Avenue, Oakdale, addressed the City Council. Mr. Brown stated that they have taken measures to make sure this doesn't happen again. They have a new point of sale system that should work better this time around, they are taking measures to ensure more food sales, and they are working with the City Manager,to address issues. - Mayor Willson stated that the City ordinance must be followed and it has to be applied fairly across the City. Ms. Brown stated that they are making efforts to comply with the ordinance. Mayor Willson stated that Jammin Wings is a great establishment and is welcome in the City. Councilmember Ryan commented that the City Council can insist on clear reporting procedures by the establishment so that the City Council can have confidence that they are compliant because the City Council has an oath to uphold State law and City ordinances. Councilmember Lawrence-Anderson asked about the depositing practices. She is curious why the business doesn't have separate deposits for separate locations. Mr. Brown replied that it saves them money. There are two different point of sales and all of the sales are batched at the end of the night and go straight to the bank. Councilmember Lawrence-Anderson stated that the point of sale should still indicate what the proceeds were for that day for each location. Ms. Brown affirmed that this was the case and this information was available. Mayor Willson stated that it sounds like they have upgraded the system and are taking steps to 01/11/16 -7- DRAFT take care of the issues. He stated that he appreciated them coming out on the coldest night of the year. Councilmember Lawrence-Anderson moved and Councilmember Ryan seconded to close the hearing. Councilmember Graves moved and Councilmember Myszkowski seconded to adopt RESOLUTION 2016-14 Making Findings of Fact and Order Relating to Jammin Wings Liquor License. Councilmember Ryan stated support for staffs recommendation considering the reporting requirements to ensure compliance. Attorney Gilchrist clarified that the motion include the date correction under number 6 of the Order from November 1 to October 1. Councilmember Graves amended the motion to include the date correction from November 1 to October 1. Councilmember Ryan stated he would second the motion as amended. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: • December 28, 2015: Brooklyn Center Police Department "Coffee with a Cop" Event • January 5, 2016: Meeting Regarding Body Cameras for Brooklyn Park Police • January 6, 2016: The Sanctuary Open House • January 12, 2016: Brooklyn Center Rotary • January 14, 2016: State of the City Address at the Northwest Hennepin Area Chamber of Commerce Luncheon Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: • January 6, 2016: The Sanctuary Open House • January 8, 2016: Met with the Pastor of Brooklyn United Methodist to talk about how they will continue their service to Brooklyn Center Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: • December 15, 2015: Einstein Bros. Bagels Opening Event Councilmember Graves reported on her attendance at the following and provided information on the following upcoming events: • December 21, 2015: District Parent Advisory Council Meeting 01/11/16 -8- DRAFT Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: • January 4, 2016: Participated 'in a Conference Call with HUD Representatives • January 5, 2016: Brooklyn Center Fire Relief Association • January 6, 2016: MMKR Auditor Meeting • January 11, 2016: HUD Meeting • January 11, 2016: Met with Former Minneapolis Mayor R.T. Ryback Regarding the Generation Next Organization • January 14, 2016: State of the City Address at the Northwest Hennepin Area Chamber of Commerce Luncheon • January 14, 2016: Blue Line Corridor Management Committee 12. ADJOURNMENT Councilmember Lawrence-Anderson moved and Councilmember Graves seconded adjournment of the City Council meeting at 7:51p.m. Motion passed unanimously. 01/11/16 -9- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION JANUARY 11, 2016 CITY HALL - COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session called to order by Mayor/President Tim Willson at 7:56 p.m. ROLL CALL Mayor/President Tim Willson and Councilmembers/Commissioners April Graves, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, and Denise Bosch, TimeSaver Off Site Secretarial, Inc. DIRECTION OF THE PROPOSED ORDINANCE AMENDMENT REGARDING DECKS AS AN ALLOWABLE ENCROACHMENT IN THE FRONT-YARD SETBACKS Planning and Zoning Specialist Tim Benetti presented background on the issue and asked if the City Council wants the Planning Commission to include decks as an allowable encroachment under the zoning ordinance amendment. Mayor Willson stated that the Planning Commission is asking if they should put decks into their recommendation they would make to the City Council regarding the ordinance. He stated he doesn't have a problem with decks but thinks the City Council should give direction back to the Planning Commission. Councilmember Myszkowski asked about adding to the value of the house with a deck versus a porch. Mr. Benetti stated that the owner/contractor has to represent a value added to the home when applying for a permit. The permits are sent on to the assessor to determine the increased value. Mayor Willson stated his concern that there be quality material, it be treated as any other extension and not used as permanent living quarters. It should be used as a porch or deck. He doesn't care whether it is one or the other as long as the ordinance covers the peculiarities. 01/11/16 -1- DRAFT Councilmember Ryan confirmed that as long as the front setback exceeds 35 feet, the homeowner can construct a deck subject to restrictions. Mr. Benetti responded affirmatively. Councilmember Ryan stated that he thinks as a guide we are better off discussing or proposing use of porches because most of the single family homes in Brooklyn Center have concrete steps and Councilmember Lawrence-Anderson's idea was to allow a larger porch to allow people to sit in the front. He suggested following the Mayor's restrictions and adding a height restriction that conforms to the height of the existing porch. A masonry or concrete slab that could be topped with decorative color concrete or tile could be suggested. He thinks it is a good idea to stay away from decks because decks can be raised higher and when they are raised above ground level it doesn't look that good. Mayor Willson stated that that is allowable now and the discussion is whether to allow encroachment into the 35 foot front setback. If we are going to allow encroachment into the front yard setback, then there needs to be specific criteria to ensure keeping up the housing stock. Mr. Benetti stated that the Housing Commission wants to make sure any addition would match with exterior/architecture of the home. The Planning Commission discussed that it is probably easier to match the home with a porch and architectural compatible language could be built in. He stated that the Planning Commission's solution to the permanent living space issue in an enclosed porch was to allow for screens. Mayor Willson stated that there are examples in the City in which elderly people have built wheelchair accessible ramps. He stated that somehow we should address that type of use as being an acceptable encroachment. Mr. Benetti stated that typically a building official will work with the City to comply with ADA laws. The encroachment allowance gives residents extra room to build a front porch and is in keeping with the City's active living principles. Councilmember Lawrence-Anderson stated that the November 17, 2015, Housing Commission minutes stated that the front porch should have a roof. She recalls that it could have a roof but it wasn't a mandate. If they do put a roof on it, it has to match the roof of the house. She stated she doesn't like the term deck but likes the idea of the porch. She doesn't want to be overly prohibitive if someone has the means to add curb appeal to their home but at the same time it has to match the house, quality materials should be used and it cannot be used as living space. Her concern is that the structure is aesthetically pleasing and fits with the home, but she thinks it is the direction we should move. Mayor Willson stated that there needs to be a distinction between deck and porch and that may be subjective to whoever is looking at it. He stated that there are cases where it is written into the ordinance that whenever the structure is off the ground it has to be appropriately screened from floor level to the ground. He is not sure that he will be able to distinguish a porch or deck and can't see in the ordinance where they would be able to do that. He thinks we are looking at some sort of a front yard extension that is a "dorch". 01/11/16 -2- DRAFT Councilmember Ryan stated that the key is that the ordinance define what is allowed. In this case restrictions are being removed in terms of setbacks. If we are going to waive a restriction on the setback, we can impose architectural standards and place in the ordinance the definition of a porch. He suggested a height standard that relates to the original porch and suggest that concrete or masonry would be satisfactory. Mayor Willson stated his agreement with Councilmember Ryan and that he originally had the thought that they would look at matching with the first level floor, but if It is a split level that may not work well. He thinks it may work well to say "x" amount of feet at ground level or something on that order. He agrees that there should be criteria to move in that direction and to look at how far we allow people to encroach depending on what they already have. Councilmember Ryan stated that there is the issue of configuration of certain homes and he thinks that staff can come up with criteria based on the City Council's suggestions. Mayor Willson stated his concern that the City Council has provided enough direction for staff. Mr. Benetti asked if decks were okay for porches and if staff should still work with decks. Mayor Willson stated that he thinks what is being said is that a porch or a structure that is screened, is at some sort of level with the house and is not raised more than a foot or so. He asked if that is going to be enough to work with. Mr. Benetti replied that he thought so and that right now they are working to make sure it matches with the front elevation and making sure they still have the first level threshold. He stated that residents have asked to remove the typical concrete steps and replace it with a deck or portico and they have to make surethat that matches. He stated that it is easier to do that with a porch, but a deck can be more subjective because there are not a lot of architectural elements. Mayor Willson stated that elevation no higher than the front door is the elevation that he would be comfortable with. Councilmember Graves stated that when talking about aesthetics, she thinks about porches having pillars and she has good memories of the Victorian wrap-around porches in St. Paul. She stated that she likes the idea of porches and asked about replacement of cement steps. Mr. Benetti replied that there is an allowable encroachment for front stairs or a stoop and he has allowed a 4x8 deck landing that is ADA compliant. Councilmember Graves stated that she doesn't want to see ugly decks in front yards and likes the idea that adding a structure would be accessible for people from all economic backgrounds. She wants the 4x8 deck landing with steps to be an option as long as it is screened to the ground. Councilmember Ryan stated that not everyone will want to put in place such an enhancementbut if they do, the City wants to have in place standards that encourage improving their property and neighborhood. Mayor Willson stated that matching the existing exterior treatment would be ideal. 01/11/16 -3- DRAFT Mr. Benetti stated that there would not be a lot of demand for these structures but they have had to turn down residents based on the current setback rules. OPTION OF INCLUDING THE FORMER KOHL'S SITE WITHIN THE PROPOSED REDEVELOPMENT TAX INCREMENT DISTRICT FOR THE SOUTHERN PORTION OF THE OPPORTUNITY SITE Director of Business and Development Gary Eitel presented background, showed the property, and asked if the City EDA supports including the former Kohl's site within the proposed redevelopment tax increment district for the southern portion of the opportunity site. President Willson asked if there were any implications for the building on the southern portion of the property. Mr. Eitel replied that it would enable redevelopment opportunities. President Willson stated that the City can tie it to the Opportunity Site and have a larger district and more options. Mr. Eitel stated that this provides the opportunity to do that. Staff recommendation is that the redevelopment activity on the Opportunity Site create those incentives on that site and the redevelopment activity that would happen on the Kohl's site would stay within the Kohl's site boundaries and he would like to believe that the Kohl's site could be more than it is now. Commissioner Graves stated that she thinks that this makes perfect sense and it seems really natural to make the change. President Willson stated that he thinks it is a good idea. The majority consensus of the EDA was to move forward. ADJOURNMENT Councilmember/Commissioner Graves moved and Councilmember/Commissioner Ryan seconded to adjourn the Work Session at 8:36 p.m. Motion passed unanimously. 01/11/16 -4- DRAFT City Council Agenda Item No. 6b Oisi[J I fl V k'A LA I ak'A (I) iiiiA I DATE: January 19, 2016 TO: Curt Boganey, City Manager FROM: Rozlyn Tousignant, Deputy City Clerk, SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses on January 25, 2016. Background: The following businesses/persons have applied for City licenses as noted. Each business/person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Applicants for rental dwelling licenses are in compliance with Chapter 12 of the City Code of Ordinances, unless comments are noted below the property address on the attached rental report. MECHANICAL General Heating & Air Conditioning TNC Industries, Inc RENTAL See attached report. TfP A cm 11081 Chaparral Ave, Shakopee 7100 Medicine Lk Rd, Suite 200,New Hope Regal Foods Corp 616 66th Ave N, Suite 5 Value Foods Corporation 6820 Humboldt Ave N iissio;i: Ensuring an aftJetLi!pe, clean, safr, inclusic comnumlty that enhances the qiwlity nfl/fe .toi all people and preserves the public trust Kelm EIJ fl H Mk'A I I DIk"A [I) 1I )1UJk I Rental License Category Criteria Policy - Adopted by City Council 03-08 -10 Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I - 3 Year 1-2 units 0-1 3+ units 0-0.75 Type II - 2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 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 Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 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. iluissw;i: Ensuring an atfracthe, clean, safe, inclusive community that enhances the quality cf lije to, all people and piesen as the public trust U,o0 000 0 0 0 0 0 0 0 0 0 0 0 0C Co 000 0 00 00000000001/) *o ======ciici) 0 0.== === = = — C0)Co 0)Q -- uJH *OcO CD OC)0 0 0 0 0 0 0 000 0 U a)U)=o Lfl •cci N -.N -4 N 00 m 00 H -1 00 0 'Q L1) 00' Co Ln (5 CCCO c0 CO .11 00 COCU)ci) _'4-<ci)0- J,C U)cii C>.)'4C U)(I)ci)C 20.C OJ aimtoCoC-'>00Ccu 0 a)C C CI)CO C ci) (3)0 UCo oCOCO 0 —E--v0' M 0 ci).U 4-C0)0(0 (OC •CO•'ci)41COCUV)o Cco.0)>ci) co O 4-' >0 U -->-U)>0) 4-'Co Co (JCOO)C > C CCL aj CCWCoUUvCCQ & 0 --———O Co Co CO CO Co CO Co (0 CO Co Co CO Co CO CO CO Co Co CO ci)(I)ci)ci)()()ci)ci)ci) ci)()ci)(1)ci)ci)ci)o C—C C C C C C C C C C C C C C C C 0) 0_ (1)0)ci)ci)Cl:o0)0)0)0)0)()0)0)0)0)0)() C) LLCO 4LIn CoU COLL.CoL.L CoU.COL1 COU.CoU.CoU.COU.CoU COU.CoU.COU.CoLL COUC (1)00C 0)0)ci)0)0)0)0)0)0)(v 0)0)0)0)0) —(5CL (10 0000 C CC CCCECCCCCC C) COI- •z z U,Z cu ZZZ0)O < OC C.0 >< ci)CC^C Co 0)0)Co Co 4-'>-=ci)CoO)Co "zl4-4-'0 —0 C COCo--0 Co '- 1- —CoE-CO 0000000)0 Coci)s-U 'O '0 U W u u. ci)Li.Z Z Cl. N 0 'O 0 00 li C)N Ln 00 0 C)N 0 N CI)m r1 0 mm ci 0> N 0c-I -1LD 11t C)C)0(fl c-CO C)00 LflCI)0Lt)0N 0CO NCO N0 c-I CO 0_CL LI)W N CC)LO LO , LI)CL I LO -CO If)Lfl It It)Lf)N U)I)-) ci) CO ci)U a)U) (0LI 0 =4- (I)0) Q. CL COHLi Cl. CO(0 4-'>- 0) CO (I)ai CL U) >- 0)O - (0: ci) >-t4- a)0 II 2(1)0. U) 0) . -o(1) 0. —U) >- U)C )U) 0 U)LI •5 • CO 0.4-' COai ci) 0 LI-D C'- ) ' 21 0 U) •.0 C 0)(10 0) ci) 0It) C <i) U)I- U) L0 C COIL 0) U) — U)—tLI (0 0)0. 20.U * * =* * * City Council Agenda Item No. 6c [EI1Ih'[SJ I fl V W'A U I Ik'4 (I) 1II I1SA I DATE: January 19, 2016 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: Resolution Establishing Parking Restrictions for Segments on S7 th Avenue from Logan Avenue to Lyndale Avenue Recommendation: It is recommended that the City Council approve the resolution establishing no-parking restrictions along the south side of S7 th Avenue (County State Aid Highway 57) from Logan Avenue to Humboldt Avenue; the south side of 57th Avenue from Humboldt Avenue to Lyndale Avenue; and the north side of 57th Avenue from Emerson Avenue to Lyndale Avenue, in accordance with Municipal State Aid (MSA) requirements. Background: Street and trail improvements are currently being coordinated and considered for 57th Avenue between Loan and Lyndale Avenues in accordance with the 2016 Capital Improvements Program. 57 Avenue is designated as a MSA route and federal funding obtained jointly with the Three Rivers Park District is being used for this project. The MSA approval process includes certain standards for street widths and on-street parking that must be followed as prescribed in Minnesota Rule 8820.9936. The state aid route listed above as proposed will be 32-feet wide between Logan and Emerson Avenues; transition between 32-feet and 26-feet between Emerson and Dupont Avenues; 26-feet wide between Dupont and Camden Avenues; and variable width over the 1-94 bridge between Camden and Lyndale Avenues. These street widths are sufficient to allow on-street parking on only one side of the street between Logan and Emerson Avenues based on MSA design standards and no parking on either side between Emerson and Lyndale Avenues. The majority of properties have side street availability for on-street parking as an option to replace any on-street parking on 57th Avenue that had been used in the past. However, there are a few properties where on-street parking may not be immediately adjacent to their properties. While adjacent on-street parking is within a short walking distance to these properties (maximum of 150-feet), additional measures are being considered and will be coordinated with each of these residents. These options may include driveway modifications or short on-street parking areas that would be created by widening the roadway for short sections on the north side to help offset any desired on-street parking. Once determined, these changes will be incorporated into plans to accommodate any parking needs for the area. Parking along 57th Avenue is currently allowed on both sides between Logan and Lyndale Avenues. However, it should be noted that the current roadway and parking widths are substandard and any future improvement separate from this project would trigger these same roadway modification considerations. Mission: Ensuring an attractive, clean, safe, inclusive co,fllfl!eflhtj' flint enhances the quality of life for all people an (I preserves the public trust [i1IJ[iJ I V U I"4 I'A I k' 0) 1IhI I1BJk1 The proposed resolution would officially establish No-Parking Zones along 57th Avenue between Logan Avenue and Lyndale Avenue (see attached figure). This action is required as a condition of plan approval from the Minnesota Department of Transportation. Budget Issues: Installation of new "No-Parking" signs is included in the project cost for the street improvement project. Routine replacement of the new signs that occurs approximately every 14 years will be input into our asset management system and will be included in future operating budgets. No additional budget issues are involved with officially adopting the current parking restrictions. Strategic Priorities: Key Infrastructure Investments /Iuisslon: Ensuring an attractive, deni,, safe, inclusive comnuinhty i/ial enhances the quality of life for all people am! preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING PARKING RESTRICTIONS FOR SEGMENTS ON 57TH AVENUE FROM LOGAN AVENUE TO LYNDALE AVENUE WHEREAS, the City of Brooklyn Center and Three Rivers Park District have planned the regional street and trail improvements on 57th Avenue between Logan Avenue and Lyndale Avenue within the City of Brooklyn Center, Minnesota; and WHEREAS, the City and Park District will be expending Federal State Aid Funds on the improvements of said streets and trails; and WHEREAS, the proposed street and trail improvements do not provide adequate width for parking on both sides of the street between Logan and Lyndale Avenues; and WHEREAS, approval of the planned construction improvements as a Federal Municipal State Aid Street project must therefore be conditioned upon certain parking restrictions to meet the minimum roadway design standards in accordance with Minnesota Rule 8820.9936. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the City shall ban the parking of motor vehicles at all times on the following street segments: 1.The south side of 57th Avenue (County State Aid Highway 57) from Logan Avenue to Humboldt Avenue; and 2.The south side 57 t Avenue from Humboldt Avenue to Lyndale Avenue; and 3. The north side of 57th Avenue from Emerson Avenue to Lyndale Avenue. January 25. 2016 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. THREE ROVERS PARK DOSTROCT HENNEPON COUNTY, MNNESOTA TWIN LAKES REGIONAL TRAIL EAST SEGMENT CONSTRUCTION PLAN FOR BITUMINOUS TRAIL, CONCRETE CURB & GUTTER, BITUMINOUS STREET PATCH, STORM SEWER, SIGNING & STRIPING, AND ADA IMPROVEMENTS LOCATED ON: 57TH AVENUE N (TH 57) FROM: LOGAN AVENUE TO: LYNDALE AVENUE BIKE TRAIL DESIGN DESIGNATION OFF-ROAD TRAIL STA, 100+00 TO STA. 153+05 FUNCTIONAL CLASSIFICATION BIKE TRAIL DESIGN SPEED 20 MPH DESIGN SPEED FOR BIKEWAY BASED ON STOPPING DISTANCE: HEIGHT OF EYE 1.5 FT HEIGHT OF OBJECT OFT STATE PROJ. NO.S.P. 091-090-077 FED, PROJ. NO. GROSS LENGTH 5.305 FEET 1.005 MILES BRIDGES-LENGTH 187 FEET 0 ,035 MILES EXCEPTIONS-LENGTH 0 FEET 0.000 MILES NET LENGTH 5,118 FEET 0.970 MILES Jd±t±difr±L±/ / I INTERSTATE 694^px /r---- I h/I/fdL—\ i A U - m/ ] //pc Nli Tj HBEGINSPo9o9oM77-ffig^dF Lj[Th 57THAVENUEN \\/Lu i\ 57TH AVENUE N (CSAH 57)I _Ltifl2!_ L23 13(\ — rn: -13-.rUBE! END S.P. 091-090-077 r \! 5H AVENUE N STA 153+05 Frru\ ............-PROJ ECT LOCATION AllW5. v F—L Mm 7I ( -uI YJIEhIPF ( 2010 2010 DISTRICT ENGINEER 2015 DESIGN SERVICES DIRECTOR 2015 DIRECTOR, OFFICE OFTECHNICAL SUPPORT 2015 DEPUTY DIVISION DIRECTOR TECHNICAL SERVICES DIVISION RECOMMENDED FOR APPROVAL RECOMMENDED FOR APPROVAL RECOMMENDED FOR APPROVAL RECOMMENDED FOR APPROVAL APPROVED I HERESY CERTIFY THAT THE FINAL FIELD REVISIONS, IF ANY, OFTHIS PLAN WERE MADE BY F/R OR UNDER FTP DIRECT NUPEHVIGION AND IIIM IN/A DULY LICENSED PROFESSiONAL DIG!rY[CN UNDER THE LAWS OF THE STAIR OF MINNESOTA. 60% REVIEW PLAN LIC. NO. 232E1 DATE: 11113/2015 MHNNESOTA DEPARTMENT OFTRANSPORTATDON FED. PROJ. NO. GOVERNING SPECIFICATIONS THE 2005 EDITION OF THE MINNESOTA DEPARTMENT OF TRANSPORTATION STANDARD SPECIFICATIONS FOR CONSTRUCTION TOGETHER WITH ALL SUPPLEMENTAL SPECIFICATIONS AND M550TTECHFIICAL MEMORANDA IN FORCE 35 CALENDAR NAYS P0100 TO THE DATE OF ADVERTISEMENT. INDEX SHEET NO. DESCRIPTION 1 TITLE 2 LEGEND - 3 ESTIMATED QUANTITIES & STANDARD PLATES 4-5 QUANTITY TABULATIONS 6 ALIGNMENT TABULATION 7-19 TYPICAL SECTIONS & CONSTRUCTION DETAILS 20-22 STORMWATER POLUTION PREVENTION PLAN 23-24 EROSION & SEDIMENT CONTROL/TURF ESTABLISHMENT 0 1000 2000 25-26 EXISTING CONDITIONS AND REMOVAL PLAN HORZ. EFf±Hi SCALE FEET 27-30 CONSTRUCTION PLAN & PROFILE 31-32 STORM SEWER PROFILES 33-36 INTERSECTION DETAILS & PEDESTRIAN RAMP PLAN 37-38 SIGNING & STRIPING PLAN 39-51 CROSS SECTIONS THIS SET OF PLANS CONTAINS 51 SHEETS I FIEREDYCERTIFYTIIATTHIS FLAX WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND TUAT AM DULY REGISTERED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA TYPICAL PLAN SCALE UNLESS OTHERWISE NOTED RIGHT-OF-WAY APPROVAL DIRECTOR, OFFICE OF R _____ IRIGHT-OF-WAYPND SURVEYS 201c I RECOMMENDED FOR APPROVAL ______ 2013 DIRECTOR, OFFICE OF TRAFFIC ENGINEERING ^RECOMMENDED FOR APPROVAL ______________________________________ 2015 0 NO 100 HORZ. W SCALE FEET 0 N 10 VERT. W SCALE FEET PROJECT LOCATION COUNTY : HENNEPIN DISTRICT : METRO NOTE: EXISTING UTILITY INFORMATION SHOWN ON THIS PLAN HAS BEEN PROVIDED BY THE UTILITY OWNER. THE CONTRACTOR SHALL FIELD VERIFY EXACT LOCATIONS PRIOR TO COMMENCING CONSTRUCTION AS REQUIRED BY STATE LAW. NOTIFY GOPHER STATE ONE CALL, 1-800-252-1166 OR 651-4511-0002. THE SUBSURFACE UTILITY INFORMATION IN THIS PLAN IS UTILITY QUALITY LEVEL 0, THIS UTILITY QUALITY LEVEL WAS DETERMINED ACCORDING TO THE GUIDELINES OF Cl/ASCE 38-02, ENTITLED 'STANDARD GUIDELINES FOR THE COLLECTION AND DEPICTION OF EXISTING SUBSURFACE UTILITY DATA. ReV p. r.eIb. P.E N YaLoc RIO;,).. C,. CCI!.. CCI 000; I FIOR1ZONTALiHENNEPIN COUNTY COORDINATES, NAD 3298ADJUSTMENT PIAVDBS Engineers &Surveyors RIOSKATO. Ill, PAISI.IDNT, Mr. SLEEPY (SC, rIP. BIJPNSVIEEE.MI, WILLI,S'R.F,INT CHMKA.MN PJSMSEY, ill MAPLESYDCD,I,IN EAXTER.MN RQCHEGTER.RSS 0'.IEN.IIS SPENCER, TA DES ).IOJFILS.INFPJSO.RD I Tfhreel-?zversI'SIIK IJISFISII 1LAKES 1 of 51,.._____JMD REGIONALTRPdL EAST SEGMENT - 57THAVENUE N I I TITLE SHEET— S,P.091-000-077 ;).IC js.cJVERTICAL: j1 _4Ld I /ft OLID 4" SOLID LINE WHITE 4" SOLID LINE WHITE 4" DOUBLE SOLID o o o io^^2a 104,00 105g lowo 107g 108a loqp^o 110+00 +00 112 113 \DOTTED LINE WHITE 11 / Ir 71.1 -1. 1 A MARKING 1EA PAVEMENT MESSAGE RIGHT TURN ARROW 240 SF CROSSWALK MARI1IN P1 I 30 030 I I I II +o I No Parking Zone (outh Side) NOTES: 1.ALL SIGNS SHALL BE PLACED ACCORDING TO THE LAYOUTS IDENTIFIED IN THE LATEST MNMUTCD 2.ENGINEER SHALL MARK LOCATION FOR INSTALLATION OF PROPOSED SIGNS 3. 4 SOLID WHITE CURB REACTION STRIPING TO BE PLACED AT 2 FROM FACE OF CURB 1 ZI 1 I I 4 DOUBLE SOLID 0LINE YELLOW z I I I I <I 4" DOUBLE SOLIDI LINE YELLOW>OLID LINE LCoLID LINE wH[OUBftSOLID Hf DOUBLE SO U /45WTh-57TH AVENUE N JLIDLINEW DO / 114+00 115400 116+00 117400 118+00 1 120400 121400 122+00 123+00 124400 125+00 126+00 127+12 0) I I I I I I I I I I I I I I I I iSFCT_Y/HIThOSFCROSTWALMARGN'ThoS:LROSTWMKMARKIY/ 57th AV N 180 SF CROSSWALK MA RK INq +11-6 R Ml A0000U - - - - - - - -0 30V I __IH No Parking Zone South Side) i I No 1arkuig_Zone(S uth Side)[ I l - 57th Avenue - No Parking Zones _______________________BcLT1i & IV1NJI< INC.THREE RIVERS PARK DISTRICT ShEET 0 50 iSO IDOL W 16040+ *1-SIAI, 10110/ '-"°RE VIE W IIIiv Consulting!Engineers & Surveyors 'Tin eeRzvers TWINI.AXES REGIONAL TRAIL_EAST SEGMENT -57TH AVENUE N SCALE FEET SIGNING & STRIPING +5 +4. 1 2t1+4.31\fl - 1+/+6/15 73711 I AIIC) IA 51(1 ((P IA DES TI /(5 1006,0 TO I 516k 111511111 l S.P.091-090-077 1180 SF CROSSWALK MARKING \( SOY IILU 'WOOIAYI>1 -------+ ------STOF 3YY3O' I _JI <I I NOTES: 1.ALL SIGNS SHALL BE PLACED ACCORDING TO THE LAYOUTS IDENTIFIED IN THE LATEST MNMI5CD 2.ENGINEER SHALL MARK LOCATION FOR INSTALLATION OF PROPOSED SIGNS 3. 4 SOLID WHITE CURB REACTION STRIPING TO BE PLACED AT 2 FROM FACE OF CURB I Ri-I 30Y30 RI-3 z LU Z I / 41' HE r°°TTTL No Parking Zope (North Side) (/)4 DOUBLE SOLID LINE YELLOW z 57TH AVENUE N I- > O0 '-° dL if No Parking Zone (North Side) I Z I I I W W> 4 DOUBLE SOLID LINE YELLOW I- I I I I I 1 4 DO BLE SOLID I Or I I I r I LINE LLOW 4" DOUBLE SOLI^RE L[TDLINE;IT L4! 7THIAVENU: J / 143 t5 050 YE LLOW R _ 1TAER' - -. - - -- —0O__- I - 7_7_7Fw=T=W Hou q ' 180 SF CROSSWAL K MA RKINSTOP I - RI-iliii AVN 30X3OEDI YJiORTAYN I I I2X6 No Parking Zone (South Side) uJ z0U) WI WI 8+ I <—i I!II1 150 SF CROSSWALK MARKIN iii) SF CROSWALK MARKING 4 DOUBLE SOLID LINEYELLOW \\4 *y 4 DOUBLE SOLID LINE YELLOW 10 - - - 150 SF CROSSWALK MARKING 57 .11 150 SF CROSSWALK MARKIN1I N il Eli 00 STOF cli Ri-i 30 X33 No Parking Zone (South Side) 20 SF CROSSWALK MARKING I — 57th Avenue No Parking Zones 0 m BC,L1-cNJ&flJENJkINIc THR[E RIVERSPARK DISTRICT FEET 1 00 p^lls^fOA^Ficillti^-.,^",^^"..'sEli Consulting Engineers & Surveyors 60% REVIEW PLAN . I 13 fJ lI0.LOTOI Th eRzv is TWINLAKESREGIQNALTRAILEASTSEGMENT 57THAVENUEN IY.dl I 1 1 "S EY. M5 I WIEOCOD,MK XTEKF.SJ EO LR. FI SIGNING & STRIPINGie e IS Y I .1 51010 Ok 503 301 1 -0 I Il/I — it ioi tI 5 IA SPENCER , ISO 5 IIOIIL LI EtSO rD - - PSIIKD I SI IlI(I S P 091-090-077 51 City Council Agenda Item No. 6d COUNCIIL ITEM MEMORANDUM DATE: January 25, 2016 TO: Curt Boganey, City Manager FROM: Gary Eitel, Director of Business & Development SUBJECT: Resolution Calling for a Public Hearing on a Modification to the Redevelopment Plan for Housing Development and Redevelopment Project No. 1, the Establishment of Tax Increment Financing District No. 7, and the Adoption of a Tax Increment Financing Plan Therefor. Recommendation: It is recommended that the City Council consider approval/adoption of a Resolution Calling for a Public Hearing on a Modification to the Redevelopment Plan for Housing Development and Redevelopment Project No. 1, the Establishment of Tax Increment Financing District No. 7, and the Adoption of a Tax Increment Financing Plan Therefor. Background: On March 9, 2015, the EDA adopted Resolution No. 2015-05 "Resolution Designating Buildings as Structurally Substandard (Opportunity Site) which provided for the following: 1.The finding that the 7 building owned by the EDA are structurally substandard to a degree requiring substantial renovation or clearance based on the LHB, Inc. report dated March 3, 2015 2.Enables the EDA to proceed with the demolition of these 7 buildings. 3.Identifies that the EDA intends to include these designated properties in one or more redevelopment or renewal and renovation tax increment financing district within 3 years after the date of building demolition on the designated property. 4.Establishes the process for determining base value of the tax increment district. 5. Authorized staff and consultants to take any necessary actions to carry out the intent of this resolution. Attached for your reference is a copy of Resolution 2015-07, the March 9, 2015 staff memorandum, and aerial photograph identifying the structural substandard buildings within the southern portion of the Opportunity Site. At the January 11, 2016 City Council/EDA Work Session an updated report by LHB, Inc. and their findings that the former Kohl's building was determined to meet the structurally substandard building condition test and eligible to be included in this proposed tax increment district was considered. The consensus of the City Council/EDA was to accept the updated LHB, Inc. report, dated November 10, 2015, and include the former Kohl's site as a parcel within the proposed Mission: Ensuring an attractive, c/eu,i, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust Ei1II[iJ I U V I MA IA I ak'A [I) 1I II1IAA I Redevelopment Tax Increment Financing District planned for the southern portion of the Opportunity Site. Process for establishing a Redevelopment Tax Increment District. Springsted Financial has prepared the attached schedule which identifies a time line for the required notices and submittals necessary for the City Council to conduct a public hearing on March 28, 2016 to consider establishing this proposed Redevelopment Tax Increment Financing District. The draft budget for this TIF District will identify a financial strategy for the redevelopment opportunities for the properties within this district, eligible tax increment expenditures, and a projection of potential tax increment revenue. A copy of the Finance Plan and draft budget will be presented to the City Council/EDA prior to the submittals to Hennepin County and the School District. The City Attorney has prepared the enclosed resolution and public hearing notice for the Council's consideration. Budget Issues: There are no budget issues to consider. The budget issues associated with establishing this TIF District will be addressed in the Tax Increment Report and Financing Plan necessary to establish this district. Strategic Priorities: Targeted Redevelopment Mission: Ensuring an attractive, clean, safe, inclusive conununhty that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CALLING FOR A PUBLIC HEARING ON A MODIFICATION TO THE REDEVELOPMENT PLAN FOR HOUSING DEVELOPMENT AND REDEVELOPMENT PROJECT NO. 1, THE ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO. 7, AND THE ADOPTION OF A TAX INCREMENT FINANCING PLAN THEREFOR. BE IT RESOLVED by the City Council (the "Council") of the City of Brooklyn Center, Minnesota (the "City"), as follows: 1.Public Hearing. This Council shall meet on March 28, 2016, at approximately 7:00 P.M., or as soon thereafter as notice may be given in accordance with Minnesota Statutes, Sections 469.174 to 469.1794, as amended (the "TIF Act") to hold a public hearing on a proposed modification to the Redevelopment Plan for Housing Development and Redevelopment Project No. 1 (the "Modification"), the proposed establishment of the Tax Increment Financing District No. 7 (a Redevelopment District) (the "TIF District"), and the proposed adoption of a Tax Increment Financing Plan for the TIF District (the "TIF Plan"), pursuant to Minnesota Statutes, Sections 469.090 to 469.1082, as amended, and the TIF Act. 2.Notice of Public Hearing, Filing of Plans. City staff and consultants are directed and authorized to prepare the Modification and TIF Plan and to forward such documents to the appropriate taxing jurisdictions, including Hennepin County and Independent School District No. 286 (Brooklyn Center). The City Clerk is authorized and directed to cause notice of the hearing in substantially the form attached as Exhibit A hereto, together with an appropriate map as required by law, to be published at least once in the official newspaper of the City not less than 10, nor more than 30, days prior to the public hearing, and to place a copy of the Modification and TIF Plan on file in the City Clerk's office at City Hall and to make such copy available for inspection by the public. January 25, 2016 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. RESOLUTION NO. EXHIBIT A NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Brooklyn Center, Hennepin County, State of Minnesota, will hold a public hearing on March 28, 2016, at approximately 7:00 P.M. at the City Hall, 6301 Single Creek Parkway, Brooklyn Center, Minnesota, relating to the proposed adoption of a Modification to the Redevelopment Plan for Housing Development and Redevelopment Project No. 1 (the "Redevelopment Plan Modification"), the proposed establishment of the Tax Increment Financing District No. 7 (a Redevelopment District) within Housing Development and Redevelopment Project No. 1, and the proposed adoption of a Tax Increment Financing Plan (the "TIF Plan") therefor, pursuant to Minnesota Statutes, 469.090 to 469.1082 and Sections 469.174 to 469.1794, as amended. Copies of the Redevelopment Plan Modification and TIF Plan are on file and available for public inspection at the office of the Director of Business and Development at City Hall. The property to be included in the Tax Increment Financing District No. 7 is located within Housing Development and Redevelopment Project No. 1 and the City of Brooklyn Center. A map of Housing Development and Redevelopment Project No. 1 and Tax Increment Financing District No. 7 is set forth below. Subject to certain limitations, tax increment from the Tax Increment Financing District No. 7 may be spent on eligible uses within the boundaries of Housing Development and Redevelopment Project No. 1. [INSERT MAP of Housing Development and Redevelopment Project No. 1, and Tax Increment Financing District No. 7] All interested persons may appear at the hearing and present their views orally or prior to the meeting in writing. BY ORDER OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER, MINNESOTA City Clerk Housing Development and Redevelopment Project No. 01 and Tax Increment Financing (TIF) District Ho. 7 (Proposed) S S B if J. / -. LOCAL STREET 4 INDEX I 5 fI' 1 1 7 A 11^kl Wk .II W +E O KI T I F District No. 7Hi TIF_Project_Boundary_Line LEGEND D D 1/ /• I ji 7T \\ Li LrlS JLj J. L. -J LU V \ F-- LU ..' (Ill Qw .- . :. BA S S L—AU EgD—J === A VE J Cilyof / BROOKLYN - CENTER 0 0.225 045 0.5 lmil es Crested by: Brooklyn Center Easiness and Development Dept./GIS Document Path: L:\Ucero\CnrnDeo\TlFarens\TIF DISTRICT No. 7.erxd Commissioner LsNtskski introduced the following resolution and moved its adoption: EDA RESOLUTION NO. 20 15-05 RESOLUTION DESIGNATING BUILDINGS AS STRUCTURALLY SUBSTANDARD (OPPORTUNITY SITE) WHEREAS, under Minnesota Statutes, Section 469.174, subd. 10(d), the Economic Development Authority of the City of Brooklyn Center, Minnesota ("Authority") is authorized to deem parcels as occupied by structurally substandard buildings despite prior demolition or removal of the buildings, subject to certain terms and conditions as described in this resolution. and WHEREAS, the Authority previously acquired the property described in Exhibit A hereto (the "Designated Property") and intends to cause demolition of 7 buildings located on that property; and WHEREAS, the Authority may in the future include the Designated Property in a redevelopment or renewal and renovation tax increment financing district as defined in Minnesota Statutes, Sections 469.174, Subd. I Oa, respectively, and to that end has determined to designate 6 existing buildings on the Designated Property to be substandard prior to demolition. NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority in and for the City of Brooklyn Center as follows: 1.The Authority finds that 7 buildings located on the.Designated Property as described in Exhibit A are structurally substandard to a degree requiring substantial renovation or clearance, based upon the analysis of such building set forth in the "Report of Inspection Procedures and Results for Determining Qualifications of a tax Increment Financing District as a Redevelopment District," dated March 3, 2015, prepared by LHB, Inc. on file-in City Hall. 2.After the date of approval of this resolution, 7 buildings on the Designated Property may be demolished or removed by the Authority, or such demolition or removal may be financed by the Authority, or may be undertaken by a developer under a development agreement with the Authority. 3. The Authority intends to include the Designated Property in one or more redevelopment or renewal and renovation tax increment financing districts, and to file the request for certification of such district(s) with the Hennepin County auditor within 3 years after the date of building demolition on the Designated Property. EDA RESOLUTION NO. 2015-05 4.Upon filing, the request for certification of the new tax increment financing district(s), the Authority will notify the Hennepin County auditor that the original tax capacity of the Designated Property must be adjusted to reflect the greater of (a) the current net 'tax capacity of the parcel, or (b) the estimated market value of the parcel for the year in which the buildings were demolished or removed, but applying class rates for the current year, all in accordance with Minnesota Statutes, Section 469.174, subd. 10(d). 5.Authority staff and consultants are authorized to take any actions necessary to carry out the intent of this resolutions March 9, 2015 Date President The. motion for the adoption of the foregoing resolution was duly seconded by Commissioner Kris Lawrence-Anderson and upon vote being taken thereon, the following voted in favor thereof: Tim'.Willson, April Graves, 'Kris Lawrence-Anderson, and Lin Myszkowski; and the following voted-against the same: none; whereupon said resolution was declared duly passed and adopted. EDA RESOLUTION NO. 201505 EXHIBIT A Description of Designated Property The Designated Property- is located within the City of Brooklyn Center, Minnesota and consists of 2 parcels described below: Parcel Identification Number: 02-1 1821-210014 Legal Description: Tract A, RLS No. 1529 Parcel Identification Number: 02-1 .18-21-24-0020 Legal Description: Lot 1, Block 1, Brookdale Square 2ns Addition <, I •I "JL" -,I'i.t ir. - 6(4P (4) F', •/_ -, '. / ' '- - - --- •/ '\ 'I 1 \ / XN7 ©t / 1/ LD L__}-'\ \ , Xr (45 Jl V U I r1fl -tfl - / S]Ji L -r - - LrL fi Eco 7 / - - DATE: March 9, 2015 TO: Curt Boganey, City Manager FROM: Gary Eitel, Director of Business and Development SUBJECT: Resolution Designating Buildings as Structurally Substandard (Opportunity Site) Recommendation: It is recommended that the Economic Development Authority consider approval/adoption of a Resolution Designating Buildings as Structurally Substandard (Opportunity Site). Background: The Tax Increment Laws provides cities and development authorities that are pursing redevelopment projects the option of determining if a project area meets the criteria necessary to qualify it as a future Tax Increment District and reserves the potential creation of a tax increment district for a period of three years! To determine whether the EDA owned properties within the Opportunity Site meet the building and site conditions necessary to establish a future tax increment district, the EDA retained the services ( of LHB, Inc. an architectural firm with expertise in preparing reports on building and site conditions that comply with the statutory requirements of creating a tax increment financing district. Attached for your reference is a memorandum from the City's Financial Consultant, Springsted Inc. which summarizes the following: - requirements and findings necessary for the creation of a tax increment redevelopment district, - the flexibilities that the adoption of these findings provides the EDA with respect to proceeding with the demolition of buildings and developing a financial strategy to assist in the future redevelopment of this project area,. Report of Inspections Procedures and Results for Determining Qualifications of a Tax Increment Financing District as a Redevelopment District. The attached report describes the inspection and evaluations of 6 buildings within the Brookdale Square Commercial Center and the commercial building located at 5939 John Martin Drive and includes the following conclusions relative to the creation of a redevelopment district that includes the entire southern portion of the Opportunity Site: 1. The proposed project area (TIF District) has a coverage calculation of 99.97 percent which is above the 70 percent requirement. (Diagram 2, identifies the qualifying parcels) Mission: Ensuring an aff,'aclive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust 2.53.8 percent of the buildings of the buildings are structurally substandard which is above the 50 percent requirement. (Diagram 3 identifies the substandard buildings) 3.The substandard, buildings are reasonably distributed with the project area. (Diagram 1 identifies the project area and buildings lying south of John Martin Drive) Appendix A- Property Condition Assessment Summary Sheet. Appendix B - Building Code and Condition Deficiencies Reports, and Appendix C- Building Replacement Cost Reports, Code Deficiency Cost Reports, and Photographs are. available at City Hall, Resolution Designating Buildings as Structurally Substandard (Opportunity Site) Jenny Boulton, the EDA's TIF legal counsel with Kennedy & Graven, has prepared the attached resolution which provides for the following: 1.Finds that the 7 building owned by the EDA are structurally substandard to a degree requiring substantial renovation or clearance based on the LHB, Inc. report dated March 3, 2015 2.Enables the EDA to proceed with the demolition of these 7 buildings. 3.Identifies that the EDA intends to include these designated properties in one or more redevelopment or renewal and renovation tax increment financing district within 3 years after the date of building demolition on the designated property. 4.Establishes the process for determining base value of the tax increment district. Budget Issues: The costs associated with the building analysis and developing strategies for redevelopment options and opportunities of the Opportunity Site are funded by Tax Increment District 3. A complete tax increment report, which includes a financial analysis, will be prepared at such time as the City/EDA decides to proceed with the creation of a new tax increment district. Strategic Priorities: Focused Redevelopment Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public I,'ast S P ii ci Springsted Incorporated 380 Jackson Street, Suite 300 Saint Foul, MN 55101-2887 Tel: 651-223-3000 Fax: 651-223-3002 vwv.spuingsted.com MEMORANDUM TO: Gary Eltel, Business and Development Director FROM: Tom Denaway, Assistant Vice President/Consultant DATE: March 3, 2015 SUBJECT: Brookdale Square - Resolution Designating a Building as Structurally Substandard The creation of a Redevelopment TIF District requires that specific statutory findings be made in regards to the current condition of the building(s) to be redeveloped. In order for a District to be eligible it has to be found that more than 50% of the existing buildings within the boundaries of the District are structurally substandard to a degree requiring substantial renovation or clearance, Structurally substandard is defined by statute as a building requiring modifications to satisfy building code at a cost of 15% or more of than the cost of constructing a new structure of the same sq uare footage and type. Once a building has been inspected and found to be substandard, the City is able to adopt by resolution a finding that the parcel was occupied by a structurally substandard building and that after demolition and clearance the City intends to include the parcel within a TIF District. Adopting a resolution finding the parcel occupied by a structurally substandard building, followed by either undertaking the demolition of the building by the City itself or entering into a development agreement for its removal by a developer, allows for the parcel to be eligible for inclusion in a Redevelopment TIF District for up to three years following the demolition. This allowance by statute allows for a quicker disposition blighted buildings, without jeopardizing the ability to create a redevelopment TIF district. The demolition of the blighted buildings, following designation as structurally substandard, creates a three year window in which a Redevelopment TIF District can he created, This allows the City the flexibility to create a TIF District either in response to a specific developer proposal, or in anticipation of future private development at the conclusion of the three year window. If a redevelopment TIF District is created the City would have an additional five- years from the creation of the TIF District to enter into obligations related to the redevelopment of the site, In total [roni the designation as structurally substandard, the City is able to maintain a full 8-years of maximum flexibility as it. relates to the potential use of TIF assistance for the redevelopment of the site. The ability to qualify parcels as structurally substandard in advance of the creation of a Redevelopment TIF District, allows for the City to maintain maximum TIE flexibility, while also realizing the immediate benefit of removing blighted property. City Council Agenda Item No. 6e [S1S1[J I 0W4 U I M'A (I) t1iI I1IJA I DATE: TO: FROM: SUBJECT: January 21, 2016 City Council Curt Boganey, City Manag 9 Resolution and Interim Ordinance extending dwellings and regulating location of predatory Brooklyn Center moratorium on new rental offenders within the City of Recommendation: It is recommended the City Council consider the following: 1.Adopt a resolution extending a moratorium on new rental dwellings and regulating the residency location on predatory offenders with the City. 2.Approve first reading and set public hearing on an interim ordinance extending 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. Background: On October 26, 2015, the City Council adopted a resolution establishing a moratorium on the licensing and operation of new rental dwelling units and imposing temporary regulation on residency location of predatory offenders within the City. On November 23, 2015, the City Council adopted Interim Ordinance No. 2015-13 and a resolution establishing a moratorium on the licensing and operation of new rental dwelling units and imposing temporary regulation on residency location of predatory offenders within the City. The Interim ordinance went into effect on January 2, 2016. The interim ordinance was effective for 120 days and will expire on March 22, 2016. The purpose of the moratorium was to provide staff with time to study the issues related to each of the two concerns. During this time staff has conducted interviews, met with stakeholders, analyzed effectiveness in other communities, and analyzed impacts in Brooklyn Center. We are very near the completion of our review for both areas of concern. Within the next few weeks we will complete our draft and final ordinance proposal. Even if a new ordinance was adopted on January 25, 2016, the interim ordinance will expire before the new ordinance could take effect on April 2, 2016. To provide sufficient time to complete our study and avoid any lapse in the moratorium or the interim predatory offender regulations, we are requesting a 60 day extension. This will provide adequate time to present our findings and recommendations to you for consideration Budget Issues: This action will not affect the adopted City Budget Strategic Priorities: Community Image jii!sxioii: Ensuring an attractive, dean, safe, inclusive community that enhances the quality of life for all people andprewerves the public trust Member introduced the following resolution and moved its adoption: J(SIS) to] iitt1 RESOLUTION NO. A RESOLUTION EXTENDING A MORATORIUM ON NEW RENTAL DWELLINGS AND REGULATING THE RESIDENCY LOCATION OF PREDATORY OFFENDERS WITHIN THE CITY WHEREAS, the City of Brooklyn Center ("City"), pursuant to Chapter 12 of the City Code, requires a license for any person to operate a rental dwelling within the City; and WHEREAS, the purpose of the rental dwelling license requirement is to ensure rental housing in the City is decent, safe and sanitary and is so operated and maintained as to not to become a nuisance to the neighborhood or to become an influence that fosters blight and deterioration or creates a disincentive to reinvestment in the community; and WHEREAS, repeat predatory offenders present a significant threat to the public safety of the community as a whole, especially children, females, and vulnerable populations. Predatory offenders are likely to use physical violence and to repeat their offenses, and most predatory offenders commit many offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. The cost of predatory offender victimization to society at large, while not precisely calculable, is steep; and WHEREAS, the City Council finds that a disproportionately high number of predatory offenders are being placed in the City and it is in the best interest of the public to study and consider options for addressing and minimizing the public safety impacts of such placements; WHEREAS, the rental dwelling license requirement in the City Code was adopted under the City's police power to protect the health, safety and welfare of its residents; and WHEREAS, the City may amend and enact ordinances and regulations under its police powers as it sees fit, including through the adoption of moratoria and temporary regulations enacted to allow the City sufficient time to prepare and adopt permanent regulations; and WHEREAS, the City further has the authority under Minnesota Statutes, section 462.355, subdivision 4 to enact an interim ordinance placing a moratorium on ordinances that control the physical development of the City including site plan regulations, sanitary codes, and building codes; and WHEREAS, the City does not currently limit the number of rental dwelling licenses it can issue; and 474161v2 KRH BR291-4 WHEREAS, the City has a compelling interest in promoting, protecting and improving health, safety, and general welfare of the City's citizens; and WHEREAS, the City acted by resolution and ordinance to impose a moratorium on the issuance of new rental licenses and limiting the residence location of predatory offenders in order to allow time to study and evaluate the need to limit the number of rental dwelling licenses issued within a defined area and to prohibit certain predatory offenders from establishing temporary or permanent residence in certain locations where children are known to regularly congregate in a concentrated number; and WHEREAS, the interim ordinance (Ordinance No. 2015-13) ("Interim Ordinance") the City Council adopted on November 23, 2015 is set to expire on March 22, 2016; WHEREAS, despite its best efforts, the City has been unable to satisfactorily study the issues and draft permanent ordinances regarding rental housing and predatory offenders within the original timeframe of the Interim Ordinance; and WHEREAS, the City requires additional time to study the issues and to draft and adopt appropriate permanent ordinances; and WHEREAS, the Council has under consideration an ordinance to extend the period of the Interim Oridnance by an additional 60 days to allow the City time to adequately study the issues and draft and adopt permanent ordinances on these subjects. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Brooklyn Center, Minnesota, as follows: Section 1. Definitions. The following words, terms, and phrases, when used in this Resolution, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: 1.01 "Child" means any person under the age of eighteen (18). 1.02 "Designated predatory offender" means any person who has been categorized as a Level III predatory offender under Minnesota Statutes, section 244.052, a successor statute, or a similar statute from another state in which that person's risk assessment indicates a high risk of re-offense. 1.03 "Permanent residence" means a place where a person abides, lodges, or resides for 14 or more consecutive days. 1.04 "Temporary residence" means a place where a person abides, lodges, or resides for a period of 14 or more days in the aggregate during any calendar year and which is not the person's permanent address, or a place where the person routinely 474161v2KRHBR291-4 2 abides, lodges, or resides for a period of four or more consecutive or non- consecutive days in any month and which is not the person's permanent residence. 1.05 "School" means a public or nonpublic elementary or secondary school. 1.06 "Licensed child care center" means a group child care center currently licensed by the applicable County or State of Minnesota. 1.07 "Public playground" means a publicly-owned, improved park or other outdoor area designed, equipped, and set aside primarily for children's play. Section 2. Moratorium on Rental Licenses 2.01 To protect its residents and the potential harm that may come from an unlimited number of rental dwelling licenses within the City, the City Council hereby exercises its authority under its police powers to place a moratorium on the acceptance of applications for new rental licenses. The moratorium mandates that no applications for rental licenses will be accepted for new rental housing licenses for any dwelling structure or dwelling unit for a single family and single family attached home as defined in the City Code Section 12-201. During the period of this moratorium, no new rental dwelling licenses shall be issued for any dwelling structure or dwelling unit for a single family and single family attached home. Furthermore, no building permits for the expansion or enlargement of a single family or single family attached home to increase the number of dwelling units will be issued. For purposes of this Resolution, rental dwelling shall have the meaning given in City Code Section 12-201 (26). 2.02 New rental license applications received prior to the adoption of this Resolution will be processed for licensure. Those holding current rental dwelling unit licenses may continue to operate under their current license and may renew their license in a manner consistent with the City's current regulations on rental dwelling licenses. 2.03 The prohibitions imposed by this moratorium do not apply to applications for a new rental license for a dwelling unit that qualifies for relative homestead under Minnesota Statutes, section 273.124, subdivision 1(c). 2.04 The moratorium imposed by this Section shall be in effect until May 21, 2016 from the date of its adoption, until the final adoption of an amendment to the City's rental dwelling unit license provisions within the City Code, or upon its express repeal by the City Council, whichever occurs first. 474161v2 KRH BR291-4 Section 3. Temporary Regulations on Predatory Offenders 3.01 It shall be unlawful for any designated predatory offender to establish a permanent or temporary residence within 2,000 feet of any school, licensed child-care facility, public playground, or any other place where children are commonly known to regularly congregate. 3.02 For purposes of determining the minimum distance separation required by this Section, the requirement shall be measured by following a straight line from the outer property line of the permanent or temporary residence of the designated predatory offender to the nearest outer property line of the protected property. 3.03 A designated predatory offender residing within a prohibited area as described in this Section does not commit a violation of this Resolution if any of the following apply: A.The person established the permanent residence or temporary residence and reported and registered the residence pursuant to Minnesota Statutes, sections 243.166 and 243.167 or a successor statute, prior to October 26, 2015; B.The person was a minor when he or she committed the offense and was convicted as an adult;- C.The person is a minor; D.The school, licensed child care center, or public playground within 2,000 feet of the person's permanent residence was opened after the person established the permanent residence or temporary residence and reported and registered the residence pursuant to Minnesota Statutes, sections 243.166 and 243.167, or a successor statute; B. The residence is also, as of October 26, 2015, the primary residence of the person's parents, grandparents, siblings, or spouse; or F. The residence is a property purchased, leased, or contracted with and licensed by the Minnesota Department of Corrections prior to October 26, 2015. 3.04 The regulations imposed by this Section shall be in effect until May 21, 2016, until the final adoption of an amendment to the City's Code regarding the residency location of predatory offenders, or upon its express repeal by the City Council, whichever occurs first. Section 4. Enforcement. 4.01 A violation of this Resolution shall be a misdemeanor. In addition, the City may 474161v2 KRH BR291-4 4 enforce this Resolution by mandamus, injunction, other appropriate civil remedy in any court of competent jurisdiction, or through the City's administrative penalties program under Chapter 18 of the City Code. Section 5. Study of Issues 5.01 City staff is directed to continue studying the impacts of rental dwellings within the City and determine if limits to licensing of such dwellings, including their density, will further the goals of the current rental dwelling regulations. Staff is further directed to draft amendments to the current rental dwelling unit ordinance as may be necessary to further its stated goals for consideration by the City Council. 5.02 City staff is further directed to continue studying the impacts of the residency of predatory offenders within the City and determine if further or different limits to residency restrictions for such offenders will further protect the needs of the public. Staff is further directed to draft amendments to the current city code as may be necessary to further the goals expressed above for consideration by the City Council. Section 6. Effective Date. 6.01 This Resolution shall become effective on March 22, 2016 so the moratoria and restrictions imposed by the City Council in the Interim Ordinance remain in effect uninterupted until May 21, 2016. Dated: January 25, 2016. Tim Willson, Mayor ATTEST: Sharon Knutson, City Clerk 474161v2 KRH BR291-4 CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 22nd day of February, 2016, at 7:00 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway, to consider an ordinance related to the adoption of an extension to an interim ordinance prohibiting the issuance of new rental licenses. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the City Clerk at 763-569-3306 to make arrangements. ORDINANCE NO. AN INTERIM ORDINANCE EXTENDING 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 THE CITY COUNCIL OF THE CITY OF BROOKLN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Legislative Findings 1.01 On November 23, 2015 the City of Brooklyn Center ("City"), adopted Interim Ordinance No. 2015-13 ("Interim Ordinance") which established a moratorium on the licensing and operation of new rental dwelling units and imposed temporary regulation on the residency location of predatory offenders within the City; 1.02 The Interim Ordinance went into effect on January 2, 2016; 1.03 The purpose of the interim ordinance was to allow the City time to study the issues of rental dwellings within the City and to study the effects of predatory offenders living within the City; 1.04 The Interim Ordinance had an initial period of 120 days and is set to expire on March 22, 2016; 1.05 Despite its best efforts, the City has been unable to satisfactorily study the issues of rental housing and predatory offenders within the time originally provided in the Interim Ordinance and requires additional time to study the issues and draft appropriate permanent ordinances; and 1.06 In order to complete its work and give its full consideration to these matters before acting on permanent ordinances, the City Council determines it is in the J 4741670 KRH BR2914 best interests of the public to extend the period of the interim ordinance by an additional 60 days. Section 2 Extension of Moratorium 2.01 The moratoriums established in the Interim Ordinance, including all of the terms, conditions, and restrictions contained therein, are hereby extended for an additional 60 days until May 21, 2016. All provisions of the Interim Ordinance shall continue and remain in effect as though the time period originally established for the Interim Ordinance extended until May 21, 2016. Section 3. Effective Date and Repeal. 3.01 This Ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. 3.02 Once this Ordinance is in effect, the resolution adopted by the City Council on January 25, 2016 regarding the same matters shall be deemed repealed. 3.03 This Ordinance is transitory in nature and shall not be codified into the City's Code of Ordinances. Adopted this ____ day of ,2016. Tim Willson, Mayor ATTEST: Sharon Knutson, City Clerk Date of Publication: Effective Date: 2 4741670 KRFIBR291-4 City Council Agenda Item No. 7a EI1IJ[SJ I RI I M'4 L'A.I ak'A [I] 11I I1JYA1 DATE: January 19, 2016 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: Resolution Expressing Recognition and Appreciation of Steve Williams for Over 37 Years of Dedicated Service to the City of Brooklyn Center Recommendation: It is recommended that the City Council consider approval of the attached resolution expressing recognition and appreciation of Steve Williams for his dedicated service to the City of Brooklyn Center. Background: Steve began his employment with the Brooklyn Center Public Works Department on October 16, 1978. He is retiring on January 28, 2016, after more than 37 years of dedicated service to the City of Brooklyn Center. Steve has been an integral employee within the Public Works Department and has been a consistent thread that has made the department so successful. The attached resolution is. in appreciation of the high degree of professionalism and proficiency that Steve provided to the City. Budget Issues: There are no budget issues to consider. Strategic Priorities: Inclusive Community Engagement Mission: Ensuring an allractive, clean, safe, lucius/ic COFnInUFUtJ' that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF STEVE WILLIAMS FOR OVER 37 YEARS OF DEDICATED SERVICE TO THE CITY OF BROOKLYN CENTER WHEREAS, Steve Williams has been an employee of the City of Brooklyn Center since October 16, 1978, and will retire January 28, 2016, after more than 37 yeárs of dedicated public service to the City of Brooklyn Center and its citizens; and WHEREAS, Steve Williams has consistently provided the City of Brooklyn Center and its residents with dedicated public service during his tenure working in the capacities of a seasonal parks employee for three years followed by over 37 years as a parks maintenance worker within the Public Works Department; and WHEREAS, Steve Williams served as the Parks Division crew leader being responsible for overseeing all aspects of the Parks Division and was instrumental in the development and operation of the City's parks and streetscapes irrigation systems, as well as the care of the City's athletic fields and buildings; and WHEREAS, Steve Williams is recognized for promoting a cooperative working relationship between other City departments and civic organizations, and for being a model worker, leader and mentor for all Public Works employees by encouraging education and training and promoting a culture of teamwork in the organization; and WHEREAS, the City Council of the City of Brooklyn Center wishes to recognize the professionalism with which Steve Williams has discharged his duties and made a positive impact on the community of Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, upon the recommendation of the City Manager, that the dedicated public service of Steve Williams is hereby recognized and appreciated by the City of Brooklyn Center. January 25, 2016 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. 9a COUNCI{L Ur]EM MEMORANDUM DATE: January 25, 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. 2016-001, submitted by SCA Properties, LLC requesting approval of a Planned Unit Development Amendment and Site and Building (Development) Plan approval for The Sanctuary of Brooklyn Center, the 158-unit Senior Assisted Living Housing Project (Located at 6121 Brooklyn Boulevard) Recommendation: Recommended the City Council adopt the resolution regarding the disposition of Planning Commission Application No. 2016-001, submitted by SCA Properties, LLC requesting approval of a Planned Unit Development Amendment and Site and Building (Development) Plan approval for The Sanctuary of Brooklyn Center, the 158-unit senior assisted living housing project, located at 6121 Brooklyn Boulevard. Background: This project site is the former Cars with Heart/Buy-Right auto dealership property located at 6121 Brooklyn Boulevard. The City acquired this dealership site in 2014, followed by the acquisition of the smaller auto display lot (to the south) from Luther Co. Although the city is the landowner, SCA Properties will be the sole responsible developer of this site. On January 14, 2016 the City Planning Commission reviewed Planning Application No. 2016- 001, as submitted by SCA Properties, requesting approval of Planned Unit Development Amendment and Site and Building (Development) Plan approval for The Sanctuary of Brooklyn Center, the 158-unit senior assisted living housing project. The PUD Amendment is required due to the original PUD Agreement of 1998 stipulated the subject site could only be used for "motor vehicle sales, leasing, service and the sale of vehicle parts". The PUD Amendment analysis is noted in the attached 2016-001 Planning Report, which includes an explanation and justification to amending and allowing a senior assisted living and residential facility at this location. The PUD also includes a Site and Building Plan, which shall serve as the new development plan for the amended PUD. The Planning Commission was also presented with an updated site layout prepared by the developers, along with a Traffic Impact Study (draft) performed by SRF Consulting Group. The updated plan illustrates the shifting of the building closer to the south; improved driveways and iWission: Ensui'ing an attractive, clean, safe, inclusive cojnhiuinitj' that enhances the (JilaIit3' of life for al/people aiulpreseri'es the public trust I[I111[41 I fl V N I ak'A L I DIYA (I) iI asJ i access points; and expanded parking areas. The traffic study found minimal impacts; and concluded the level of service and supply of parking was expected to be adequate for this development. The Planning Commission accepted the revised plan layout and traffic study, and is considered part of their recommendation. Both the updated plan layout and traffic study are attached for the Council's consideration. The Planning Commission considered the requested PUD Amendment and Site Plan applications items under a duly noticed public hearing, with no comments or objections received from the general public. Excerpts minutes from the January 14, 2016 Planning Commission meeting as related to this item are attached for the Council's review. Attached for review is Planning Commission Resolution No. 2016-01, indicating the Commission's favorable and unanimous recommendation of approval regarding Planning Application No. 2016-001. Budget Issues: There are no budget issues to consider. Strategic Priorities: Targeted Redevelopment Attachments • Council Resolution • Revised/Alternative Layout Plan 01/14/2016 • Traffic Impact Study (SRF) 01/14/2016 • Planning/Engineering Report to Planning Commission (01/14/16) • Site & Building Plan Set (w/ architectural) • PC Meeting Minutes 01/14/16 (draft) 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. 2016- RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2016-001, SUBMITTED BY SCA PROPERTIES, LLC REQUESTING APPROVAL OF A PLANNED UNIT DEVELOPMENT AMENDMENT AND SITE AND BUILDING (DEVELOPMENT) PLAN APPROVAL FOR THE SANCTUARY OF BROOKLYN CENTER, THE 158-UNIT SENIOR ASSISTED LIVING HOUSING PROJECT (LOCATED AT 6121 BROOKLYN BOULEVARD) WHEREAS, on September 28, 1998, the City Council of Brooklyn Center adopted Resolution No. 98-169 which approved the establishment of the Brookdale Chrysler- Plymouth Dealership Planned Unit Development (PUD) of 1998, which comprehended the rezoning approval of two parcels located at 6121 and 6107 Brooklyn Boulevard from C-2 (Commerce) and C-i (Service/Office) to PUD/C-2 (Planned Unit Development/Commerce) District; and WHEREAS, the 1998 PUD approved the expansion and overall use of the two parcels for the existing Chrysler-Plymouth auto dealership, and stipulated that Lot 1, Block 1 of the Chrysler Motors Corporation 2nd Addition (main parcel) can only be used for "motor vehicle sales, leasing, service and the sale of vehicle parts."; while the smaller lot to the south of the main lot".. .shall be usedfor parking and display ofpassenger vehicles for sale."; and WHEREAS, SCA Properties, LLC has submitted Planning Application No. 2016- 001, which requests consideration and approval of an amendment to the 1998 PUD, by rescinding the auto oriented uses and related activities described under the recorded PUD Agreement of 1998 between the City of Brooklyn Center and former owners William J. Bartram and the Chrysler Realty Corporation (their successors and assigns); and now requests the City consider allowing certain changes to the PUD for this redevelopment area; and WHEREAS, Planning Application 2016-001 presents an official request by the Developer to allow a specific senior housing with assisted living care as a use that is not identified under City Zoning Code Section 35-322, C2 (Commerce) District standards, and allow the redevelopment of Lot i, Block 1 of the Chrysler Motors Corporation 2nd Addition with a new 4-story, senior assisted living facility with certain amenities, and allows for reduced setbacks for this new senior housing development: and WHEREAS, Planning Application 2016-001 also provides the official request for consideration and approval of the new Site and Building (Development) Plan for the existing PUD, which includes the preliminary layout and design details for the new 4-story, senior assisted living facility and its amenities on the subject site: and RESOLUTION NO. 2016 - WHEREAS, on January 14, 2016, the Planning Commission held a duly called public hearing, whereby a staff report, which included a full set of site and building plans, along with architectural plans, and also an updated site layout plan and traffic impact study (draft) were all presented; and public testimony regarding the Amendment to this Planned Unit Development and Site and Building Plan 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, 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 (Development) Plan, and which the final site/development plans shall be revised according to the amended site layout plan (referred to as the Site Access Exhibit - dated 01/08/2016) as presented at the public hearing of January 14, 2016 to the Planning Commission, and determines this plan to be an appropriate and reasonable use and redevelopment of the subject property; and WHEREAS; in light of all testimony received, the Planning Commission did determine that Planning Application No. 2016-001, and the revised Site Access Exhibit plan submitted by SCA Properties, LLC may be approved based upon the following considerations: A.The proposed use of a general assisted living facility, with limited acuity care units for senior residents, is an acceptable use under this PUD/C-2 district; and meets the general definitions or standards of a permitted (but limited) nursing care home; and may be considered an allowable or permitted use under the "Other uses similar in nature" standard provided for under Sect. 35-322 district standards; B.The proposed senior housing project will provide an ideal opportunity for redevelopment of a targeted area for the community's senior residential and health care sector; eliminates and replaces an obsolescent or deteriorating commercial area, and will stimulate new investment in the neighborhood and community. C. The proposed project appears to demonstrate a clear and public need or benefit to the community and regional area, as it will improve the appearance of the city and enhance the quality of life, property values and civic pride in this neighborhood area; D. The proposed senior housing project will facilitate the redevelopment plans of this site, which appear to be compatible with the goals, objectives RESOLUTION NO. 2016- and policies of the City's 2030 Comprehensive Plan and underlying land use plan. B. The proposed rezoning will enhance and strengthen City Center's economic viability and status in the regional market place by the following supporting statements: i.helps to increase employment opportunities, rental occupancy and tax base; ii.provides for the redevelopment of an obsolete and underutilized site into a use(s) that address needs in the marketplace, especially for senior housing and life-cycle housing needs. F.The new senior housing project provides an ideal opportunity to provide additional (and affordable) senior housing options for its own and neighboring residents. G.The new senior housing project will not be injurious to the use and enjoyment of other uses in and around this Wangsted park neighborhood; H. The addition of this new senior housing project will not impede the normal orderly development and proposed improvements of this area or those projected along the Brooklyn Boulevard Corridor; and The proposed layout of this new senior housing development, including the new buildings, site improvements, walkways, and trails, including reduced setbacks and any other related flexibility or reductions identified within these Site and Building Plans, are hereby acceptable and approved. WHEREAS, the Planning Commission of the City of Brooklyn Center did determine that Planning Application No. 2016-001 as submitted by SCA Properties, LLC may be approved based on the belief that the guidelines for evaluating Planned Unit Development Amendment as contained in Section 35-355 along with the guidelines and standards for evaluating site and building plans, as contained in Section 35-230 (Plan Approval), all of which are contained in the City's Zoning Ordinance, have been met, and the proposal is, therefore, in the best interest of the community. AND WHEREAS, upon acceptance of all public comments and discussion of this Planning Application No. 2016-001, the Planning Commission adopted Resolution No. 2016-01, which provides favorable and unanimous recommendations to the City Council that the requested PUD Amendment and Site and Building (Development Plan) as comprehended under said RESOLUTION NO. 2016 - Planning Application No. 2016-001, may be approved with certain conditions. NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Brooklyn Center, Minnesota, that Planning Application No. 2016-001 submitted by SCA Properties, LLC, is approved subject to the following conditions: 1.Developer is allowed to amend the 1998 Planned Unit Development of the Brookdale Chrysler-Plymouth Dealership by redeveloping the subject site consistent with the proposed Site and Building Plan known as the "Sanctuary of Brooklyn Center Senior Living", which shall serve as the new (and approved) Development Plan to this amended PUD. 2.No other allowances, modifications or changes that may not be illustrated or indicated on the submitted "Sanctuary of Brooklyn Center" plan, dated 12/11/15 shall be comprehended or permitted under this Site and Building Plan approvals, unless specifically requested by the Developer and approved by the City Council. 3.Developer must install and show on the final plans a new 8-foot high screening fence along the west property line; and a 4-6 ft. high vinyl coated chain-linked fence along the south line adjacent to the city park and single family residential uses. Developer shall adjust landscape plans to provide additional natural screening along the south boundary line with the single family residential uses. 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. 5.Developer/Applicant agrees to comply with all conditions or provisions noted in the City Engineer's Review memo, dated January 7, 2016. 6.The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 7. 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. 8. Any outside trash disposal facilities and roof top or on-ground mechanical equipment shall be appropriately screened from view. RESOLUTION NO. 2016- 9.An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 10.This PUD Amendment and Site Plan approvals are exclusive of all final signs on this site, which shall remain subject to Chapter 34 of the city ordinances must be approved under separate Sign Permits. 11.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. 12.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. 13.The Developer must meet requirements from Hennepin County's review. 14.The Developer shall provide Hennepin County with a minimum 17' of additional road easement including an additional 7' by 60' triangular easement in northeast corner of property. 15. The Developer shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. January 25,2016 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. LI •4t (a) \ _>\\ \\ / Tj / a)a) CC a)- -Da)>0 0a)- -aa) Ca)a)a) 0 0> -J Of0zLuCL)a)wI-zLii0a)>- 00a) L4 k] [^^ ILi1 Consulthig Grup Inc. To: Gary Carlson SCA Properties Memorandum 91000 ffliffilv"i From: Leif Garnass, PE, PTOE, Senior Associate Jordan Schwarze, PE, Senior Engineer Date: January 14, 2016 Subject: Sanctuary at Brooklyn Center Traffic Impact Study Introduction SRF Consulting Group, Inc. has completed a traffic impact study for the proposed Sanctuary at Brooklyn Center senior living development located in the southwest quadrant of the Brooklyn Boulevard/62nd Avenue intersection (see Figure 1: Project Location). The main objectives of this study are to review existing operations within the study area, evaluate potential traffic impacts to the adjacent roadway network, and recommend any necessary improvements to accommodate the proposed development. The following provides the assumptions, analysis, and recommendations offered for consideration. Existing Conditions The existing conditions were reviewed to establish a baseline in order to identify any future impacts associated with the proposed development. The evaluation of existing conditions includes turning movement counts, field observations, and an intersection capacity analysis. liahi Ctk Turning Movement Counts Peak hour turning movement counts were collected at the Brooklyn Boulevard/63rd Avenue intersection by SRF in January 2012 for the Brook/yn Boiileoarcl Corridor Stud1 (dated May 2013). To validate the January 2012 counts, and to provide an estimate of conditions at adjacent study intersections, 15 -minute p.m. peak hour pulse counts were collected by SRF during the week of January 4, 2016. The pulse counts were collected at the following intersections: o Brooklyn Boulevard and 62nd Avenue o Brooklyn Boulevard and 63rd Avenue 63rd Avenue and Ewing Lane It should be noted that historical average daily traffic (ADT) volumes within the study area were provided by the Minnesota Department of Transportation MnDOT). ONE CARLSON PARKWAY, SUITE 150 1 MINNEAPOLIS, MN 55447 1 763.475.0010 1 WWW.SRFCONSULTING.COM 161 hN LEI Project Location Consulting Group. Inc. Sanctuary at Brooklyn Center Traffic Impact Study Figure 1 0169113 Brooklyn Center MN January 2016 Gary Carlson January 14, 2016 SCA Properties Sanctuary at Brooklyn Center Traffic Impact Study Field Observations In addition to the pulse counts, observations were completed to identify roadway characteristics within the study area (i.e. roadway geometry, posted speed limits, and traffic controls). Brooldyn Boulevard is a four-lane roadway with nearly continuous dedicated left-turn lanes and a posted speed limit of 40 miles per hour (mph). Other study roadways are relatively low-speed, two-lane roadways. The Brooklyn Boulevard/63rd Avenue intersection is signalized, while other study intersections are side-street stop controlled. The Brooklyn .Boulevard/63rd Avenue intersection was recently reconstructed in 2015. It should be noted that Brooklyn Boulevard is functionally classified as a minor arterial, while 63rd Avenue is functionally classified as a collector. Other study roadways are functionally classified as local streets. Existing geometries, traffic controls, and estimated peak hour traffic volumes within the study area are shown in Figure 2. Existiig Intersection OpBrations Analysis Level of Service An existing intersection operations analysis was completed to establish a baseline condition to which future traffic operations can be compared. The capacity analysis was completed for the a.m. and p.m. peak hours using Synchro/SimTraffic software (V8.0). Capacity analysis results identify a Level of Service (LOS), which indicates the quality of traffic flow through an intersection. Intersections are given a ranking from LOS A through LOS F. The LOS results are based on average delay per vehicle, which correspond to the delay threshold values shown in Table 1. LOS A indicates the best traffic operation, with vehicles experiencing minimal delays. LOS F indicates an intersection where demand exceeds capacity, or a breakdown of traffic flow. An overall intersection LOS A though LOS D is generally considered acceptable in the Twin Cities metropolitan area. ae 1 Leve' of Service Criteria for Signalized and Unsgnalized Intersections LOS Designation Signalized Intersection Average Delay/Vehicle (seconds) UnsignaIzad Intersection Average Delay/Vehicle (seconds) A 10 <10 B >10-20 >10-15 C >20-35 >15-25 D >35-55 >25-35 E >55-80 >35-50 F >80 >50 For side-street stop controlled intersections, special emphasis is given to providing an estimate for the level of service of the side-street approach. Traffic operations at an unsigna]ized intersection with side-street stop control can be described in two ways. First, consideration is given to the overall intersection level of service. This takes into account the total number of vehicles entering the intersection and the capability of the intersection to support these volumes. Page 3 *A er i a l photo depicts conditions during the reconstruction of 63rd Avenue. • - N. 63rd Ave - --j 4 . _____ F11 ..•• 130 (275) 40(65) 63rd Ave ITh 10 (10) ()63rd Ave 4 (310)240 (10) 10 _______ . (45)40. <I1'(130)100 ifr I 11II:\ 23j ___ 62ndAve 0( ___ 'U - _____ 6 L TL 62nd AvejLN i:jectH:L Location LEGEND L. XX - A.M. Peak Hour Volume (XX) - P.M. Peak Hour Volume t . ____ XXXX - Estimated Existing Average Daily Traffic (ADT) Volume 2 Side-Street Stop Control Traffic Signal Control r Existing Conditions Figure 2 Group Sanctuary at Brooklyn Center Traffic Impact Study 0169113 Brooklyn Center, MN January 2016 Gary Carlson January 14, 2016 SCA Properties Sanctuary at Brooklyn Center Traffic Impact Study Second, it is important to consider the delay on the minor approach. Since the mainline does not have to stop, the majority of delay is attributed to the side-street approaches. It is typical of intersections with higher mainline traffic volumes to experience high levels of delay (i.e. poor levels of service) on the side-street approaches, but an acceptable overall intersection level of service during peak hour conditions. Results of the existing intersection operations analysis shown in Table 2 indicate that all study intersections currently operate at an acceptable overall LOS C or better during the a.m. and p.m. peak hours. In addition, no significant side-street delays were observed in the field or traffic simulation at the study intersections. Table 2 Existing Intersection Operations Analysis Intersection A.M. Peak Hour P.M. Peak Hour LOS Delay LOS Delay Brooklyn Boulevard and 62nd Avenue ()A/B 13 sec.A/C 21 sec. Brooklyn Boulevard and 63rd Avenue B 18 sec.C 23 sec. 63rd Avenue and Ewing Lane ('I A/A 6 sec.A/A 9 sec. (1) Indicates an unsignalized intersection, where tile overall LOS is shown followed by the worst side-street approach LOS. Tile delay shown represents the worst side-street approach delay. Queuing It should be noted that eastbound left-turn queues at the Brooklyn Boulevard/63rd Avenue intersection were occasionally observed to extend into the adjacent 63rd Avenue/Ewing Lane intersection (i.e. queues greater than 125 feet) in the field and traffic simulation. This occurrence, which is generally short in duration, is the result of limited storage distance between Brooklyn Boulevard and Ewing Lane rather than an intersection capacity issue. No other queuing issues were observed in the field or traffic simulation at the study intersections. In addition to queuing results for the eastbound left-turn movement at the Brooklyn Boulevard/63rd Avenue intersection, select queuing results of interest to the City of Brooklyn Center are shown in Table 3. Table 3 Existing Queuing Analysis A.M. Peak Hour P.M. Peak Hou? Datersectien (Movement) 95th Percentile 95th Percentile Queue (ft) Queue (ft) Brooklyn Boulevard and 62nd Avenue ([B Left/Through/Right) 55 55 Brooklyn Boulevard and 63rd Avenue ([B Left) 165 175 Brooklyn Boulevard and 63rd Avenue (WB Through/Right) 90 140 Page 5 Gary Carlson January 14, 2016 SCA Properties Sanctuary at Brooklyn Center Traffic Impact Study Year 2018 No Build Conditions To identify potential impacts associated with the proposed development, traffic forecasts were initially developed for year 2018 no build conditions (i.e. one year after anticipated completion). The evaluation of year 2018 no build conditions includes details on the area general background traffic growth and an intersection operations analysis. Yew 2018 lnte'secUon Operations Analysis No Euk1 To account for general background traffic growth in the area, an annual growth rate of 1.5 percent was applied to the existing peak hour traffic volumes to develop the year 2018 no build traffic forecast. This growth rate is consistent with the forecasts developed in the Brook/yn Boulevard (orridorStiu/y. The resultant year 2018 no build conditions are shown in Figure 3. To determine how the adjacent roadway network will accommodate year 2018 no build traffic forecasts, an intersection operations analysis was completed using Synchro/SimTraffic software. Level of Service Results of the year 2018 no build intersection operations analysis shown in Table 4 indicate that all study intersections are expected to continue to operate at an acceptable overall LOS C or better during the am. and p.m. peak hours under the existing geometric layout and traffic control. In addition, no significant side-street delays were observed in the traffic simulation at the study intersections. -fable 4 Yeai 2018 No uld Intersection Operations Analysis A.M. Peak Hour P.M. Peak HourIntersection LOS I Delay LOS fTa!ay Brooklyn Boulevard and 62nd Avenue li A/B 14 sec.A/C 21 sec. Brooklyn Boulevard and 63rd Avenue B 19 sec.C 24 sec. 63rd Avenue and Ewing Lane 111 A/A 7 sec.A/A 9 sec. (1) Indicates an unsignalized intersection, where the overall LOS is shown followed by the worst side-street approach LOS. The delay shown represents the worst side-street approach delay. Queuing As shown in Table 5, no significant queuing changes were observed in the traffic simulation. Table 5 Year 2018 No Bulk] Queuing Analysis A.M. Peak "Un, P.M. Peak Hour Intersection (Movement) 95th Percentile 95th Percentile Queue (ft) Qseue (ft) Brooklyn Boulevard and 62nd Avenue (EB Left/Through/Right) 60 60 Brooklyn Boulevard and 63rd Avenue ([B Left) 165 175 Brooklyn Boulevard and 63rd Avenue (WB Through/Right) 90 150 Page 6 *Aerial photo depicts conditions during the reconstruction of 63rd Avenue. —-4; Ave 1 - 130 (275) :. 40 (65) r30 75) 63rd A v e 10 (IS) 63rd Ave (30)240 (10) 10 t \ .t ____ r. V (130)100 o _ i1k 1 k ' I-, r4'000' Ljt52162nd i' (0)0+tt ca LA ti trr d dAve Project Location ; LEGEND A.M. Peak Hour Volume (XX) - P.M. Peak Hour Volume 9 - Estimated Year 2018 6 ADT Volume (No Build) 2 Side-Street Stop Control Traffic Signal Control DI F^^ Year 2018 No Build Conditions6)- Consu)I)ijgGrcu,,Inc.Sanctuary at Brooklyn Center Traffic Impact Study Figure 3 0169113 Brooklyn Center, MN January 2016 Gary Carlson January 14, 2016 SCA Properties Sanctuary at Brooklyn Center Traffic Impact Study Proposed Development The proposed development is located in the southwest quadrant of the Brooklyn Boulevard/ 62nd Avenue intersection in the City of Brooklyn Center. The current development proposal shown in Figure 4 consists of a 158-unit, low-income assisted living facility expected to be completed by June 2017. The proposed development is expected to retain approximately 65 full-time equivalent employees, with no more than 40 employees onsite during regular work shifts. Access to the development is proposed at the following locations: • 62nd Avenue (West Access) - Approximately 330 feet west of Brooklyn Boulevard o Provides access to the proposed employee parking lot • 62nd Avenue (East Access) - Approximately 130 feet west of Brooldyn Boulevard • Aligned with an opposing driveway along the north side of 62nd Avenue • Provides access to the proposed visitor panting lot • Brooklyn Boulevard (South Access) - Approximately 375 feet south of 62nd Avenue • Shared right-in/right-out access with the parcel immediately to the south • Provides access to the proposed visitor panting lot Further discussion regarding site access is documented later in this study. Year 2018 Build Conditions To help determine impacts associated with the proposed development, traffic forecasts were subsequently developed for year 2018 build conditions (i.e. one year after anticipated completion). The build condition takes into account area general background traffic growth and traffic generated by the proposed development. The evaluation of year 2018 build conditions includes details on the proposed development trip generation and an intersection operations analysis. ftip Generation To account for traffic impacts associated with the proposed development, trip generation estimates for the am. and p.m. peak hours and a daily basis were developed. These estimates, shown in Table 6, were developed using the JIB Tit Generation Mamial, Ninth Edition. TaMe 6 Tdi Generation Estimates I ILm A .M . "°P DailyUse Type (ITE Code) Size - Assisted Living (254) 158 Beds 14 I 8 I 15 I 19 I 420 Page 8 L 1 a PD I \( rn .: \ - IDLflU/-\VeIL =z--"-= .2- - H Ho ' ii ME ONF_I co \\\\\\ \\ _ - —w 0) CC0 - -0) 3 1I Consuilkig Group, Inc 0169113 January 2016 Site Plan Sanctuary at Brooklyn Center Traffic Impact Study Brooklyn Center, MN Figure 4 Gary Carlson January 14, 2016 SCA Properties Sanctuary at Brooklyn Center Traffic Impact Study Results of the trip generation estimates indicate the proposed development is expected to generate approximately 22 am. peak hour, 34 p.m. peak hour, and 420 daily trips. The trips generated were distributed throughout the area based on the directional distribution shown in Figure 5, which was developed based on existing travel patterns and engineering judgment. The resultant year 2018 build conditions, including area general background traffic growth and traffic generated by the proposed development, are shown in Figure 6. Year 2018 intersection Capacity Analysis - guild To determine how the adjacent roadway network will accommodate year 2018 build traffic forecast, an intersection capacity analysis was completed using Synchro/SimTraffic software. Level of Service Results of the year 2018 build intersection operations analysis shown in Table 7 indicate that all study intersections are expected to continue to operate at an acceptable overall LOS C or better during the am. and p.m. peak hours under the existing geometric layout and traffic control. In addition, no significant side-street delays were observed in the traffic simulation at the study intersections. Given the minimal anticipated impact caused by the proposed development on study area traffic operations, no roadway improvements are recommended from a traffic operations perspective. Table 7 Year 2018 Build intersection Operations Analysis Intesecton A.M. Peak HOUr P.M. Peak Hour LOS Delay LOS Delay Brooklyn Boulevard and 62nd AVCOLIe ()Al 14 sec.A/C 21 sec. Brooklyn Boulevard and 63rd Avenue B 19 sec.C 24 sec. 63rd Avenue and Ewing Lane ili A/A 7 sec.A/A 9 sec. 62nd Avenue and West Access (i)A/A 3 sec.A/A 3 sec. 62nd Avenue and East Access i'i A/A 3sec.A/A 4sec. Brooklyn Boulevard and South Access 1)A/A 5 sec.A/A 9 sec. (1) Indicates an unsignalized intersection, where the overall LOS is shown followed by the worst side-street apploach LOS. The delay shown represents the worst side-street approach delay. Page 10 . photo depicts conditions during the reconstruction of 63rd Avenue. (\ 10/0 2 . . I63rdAveI. . 5% _ __ ___ T1LplilL I 4 ol LU ALM 62nd Ave jW Ell VMW LL JJJ1ITI ___ _____ // . (f \ /!!F 0 Directional Distribution Consulting Group, Sanctuary at Brooklyn Center Traffic Impact Study Figure 5 0169113 Brooklyn Center, MN January 2016 .*Aerial photo depicts conditions during - - the reconstruction of 63rd Avenue. IL 63rd Ave ' 130(275) 40)65) 63 AveV (310 240 11 63rd Ave ' (l2) 11 o 03 1 \ \\62nd Av e 62edAve•'6'vru*ve .*d*L 5 ROE(i6)2i— \ )23)24+T'4 \ 1l I L 1ff - 62nd Ave South Access LEGEND XX - A. Peak Hour Volume \\ _____ ! x H Esti matedr2018 ADT Volume (Build) - Side-Street Stop Control Traffic Signal Control . Year 2018 Build Conditions CQnsuI!ing Group u. Sanctuary at Brooklyn Center Traffic Impact Study Figure 6 0169113 Brooklyn Center, MN January 2016 Gary Carlson January 14, 2016 SCA Properties Sanctuary at Brooklyn Center Traffic Impact Study Queuing As shown in Table 8, no significant queuing changes were observed in the traffic simulation as a result of the proposed development. Table 8 Year 2018 Build Queuing Analysis Intersection (Movement) M.M. Peak Hour 95th Percentile Queue (ft) P.M. Peak Hour 95th Percentile Queue (ft) Brooklyn Boulevard and 62nd Avenue (EB Left/Through/Right)60 75 Brooklyn Boulevard and 63rd Avenue (EB Left)165 180 Brooklyn Boulevard and 63rd Avenue (WB Through/Right)90 150 Site Plan/Access Review A review of the proposed site plan was completed to identify any issues and recommend potential improvements with regard to site access, circulation, and parking. The following information summarizes the findings. SI'le Access As shown under year 2018 build conditions, 95th percentile eastbound queues along 62nd Avenue at Brooklyn Boulevard are expected to be approximately 60 to 75 feet (i.e. three to four vehicles) during the am. and p.m. peak hours. Therefore, the proposed East Access, located approximately 130 feet west of Brooklyn Boulevard along 62nd Avenue aligned with an opposing driveway, is properly positioned to avoid blockages. As noted previously, the proposed South Access is expected to be a shared right-in/right-out access with the parcel immediately to the south. It should be noted that Brooklyn Boulevard currently has a striped median. Consequently, motorists along Brooklyn Boulevard could attempt to use the South Access as a full access under the current roadway section. However, this segment of Brooklyn Boulevard is expected to be reconstructed in the future with a raised median, thus restricting the South Access to right-in/right-out maneuvers only. In the meantime, the South Access could utilize a channelizing island to prevent undesired left-turn maneuvers. Page 13 Gary Carlson January 14, 2016 SCA Properties Sanctuary at Brooklyn Center Traffic Impact Study Circulation Garbage and delivery trucks are expected to utilize the West Access to reach garbage storage and the facility loading dock located adjacent to the employee parking lot. Typical single-unit garbage trucks are expected to have adequate accommodations within the employee parking lot to maneuver properly. Delivery trucks up to a WB-40 design vehicle are expected to have adequate accommodations within the employee parking lot to maneuver properly. WB-50 design vehicles and larger may have difficulty maneuvering within the employee parking lot. The visitor parking lot is expected to accommodate standard passenger vehicle, van, and small mobility bus maneuvers properly. No other potential traffic circulation issues were identified. Parking Two parking lots are expected to be provided onsite with a combined total of 92 parking spaces. The employee parking lot (45 spaces) is located on the west side of the site while the visitor parking lot (47 spaces) is located on the east side of the site. The Brooklyn Center City Code indicates a minimum parking requirement of 73 spaces for a 158-unit assisted living facility with 65 full-time equivalent employees. Furthermore, a conservative 85th percentile peak parking demand of 86 spaces is derived from the ITE Parkin g Ge,ieratioii Ma,uial, 4th Edition. By both measures, the proposed development has a parking surplus (6 spaces by the most conservative parking demand estimate). A summary of the parking demand analysis is shown in Table 9. Table 9 Parking Demand Asalysis Parking ITE 85th Percentile Parking Parking Capacity Requtrement ()Time Period Peak Parking Surplus/(Deficit) Demand (2) vs. ITE Demand Weekday 86 6 92 73 Saturday 86 6 Sunday 75 17 (1)Per Brooklyn Center City Code, Section 35-704 Minimum Parking Spaces Required, 4b: One space for every four beds plus one space for every two employees and one space for each staff doctor. (2)Per ITE Parking Generation, 4th Edition. Although the proposed parking capacity is expected to be adequate for typical operations, facility management should plan for overflow parking in the case of significant parking generation special events. Tvavel Demand Management Plan A Tier 2 Travel Demand Management Plan (TDMP) per City of Brooklyn Center guidelines is attached as an appendix. Page 14 Gary Carlson January 14, 2016 SCA Properties Sanctuary at Brooklyn Center Traffic Impact Study Summary and Conclusions The following study summary and conclusions are offered for consideration: o The proposed development is located in the southwest quadrant of the Brooklyn Boulevard/ 62nd Avenue intersection in the City of Brooklyn Center. The current development proposal consists of a 158-unit, low-income assisted living facility expected to be completed by June 2017. Access to the development is proposed at three locations (two full-accesses along 62nd Avenue and one right-in/right-out access along Brooklyn Boulevard). • The proposed development is expected to generate approximately 22 am. peak hour, 34 p.m. peak hour, and 420 daily trips. • Results of the existing, no build, and build intersection operations analyses indicate that study intersections currently operate and are expected to continue to operate at an acceptable overall LOS C or better during the am. and p.m. peak hours. • No significant side-street delays were observed in the field or traffic simulations at the study intersections. • Eastbound left-turn queues at the Brooklyn Boulevard/63rd Avenue intersection were occasionally observed to extend into the adjacent 63rd Avenue/Ewing Lane intersection (i.e. queues greater than 125 feet) in the field and traffic simulations. This occurrence, which is generally short in duration, is the result of limited storage distance between Brooklyn Boulevard and Ewing Lane rather than an intersection capacity issue. 1 No other queuing issues were observed in the field or traffic simulations at the study intersections. • Given the minimal anticipated impact caused by the proposed development on study area traffic operations, no roadway improvements are recommended from a traffic operations perspective. • The proposed East Access, located approximately 130 feet west of Brooklyn Boulevard along 62nd Avenue aligned with an opposing driveway, is properly positioned to avoid blockages due to eastbound 62nd Avenue queuing. o The proposed South Access could utilize a channelizing island to prevent undesired left-turn maneuvers. • Garbage trucks and delivery trucks up to WB-40 design vehicles are expected to have adequate accommodations within the employee parking lot to maneuver properly to reach garbage storage and the facility loading dock. o The visitor parking lot is expected to accommodate standard passenger vehicle, van, and small mobility bus maneuvers properly. • The proposed parking supply of 92 spaces is expected to be adequate for typical operations. Facility management should plan for overflow parking in the case of significant parking generation special events. H:\Projects\09000\91 I 3\TS\ Repor/\9 1 I 3_Sai:ctmvjBC_TIS_ 1601 1-1.dot Page 15 Appendix Tier 2 Travel Demand Management Plan Sanctuary at Brooklyn Center Mission Statement: The Travel Demand Management Plan (TDMP) for Sanctuary at Brooklyn Center is established to reduce single occupant vehicle travel to and from the property. Sanctuary at Brooklyn Center also desires to reduce the demand for motor vehicle parking at its property. Sanctuary at Brooklyn Center will use a variety of travel demand management strategies to achieve said goals. Travel Demand Management Travel demand management strategies enhance the existing regional transportation infrastructure to provide more convenient opportunities for employees to utilize sustainable forms of transportation rather than single occupant vehicle trips. Travel demand management includes a mix of strategies, as further described in this plan, to encourage transit use, carpooling, bicycling, walking and working from home or off site. It is expected that the TDMP will contribute positively to the business as a desirable place to work. Program elements are to be designed and administered in a manner that emphasizes commitment to achieving the plan goals. Program Goals 1.Education and Awareness. Inform and educate all employees at Sanctuary at Brooklyn Center about the availability of better options than commuting by single occupant motor vehicle. Inform employees about the resources and incentives available to alternative mode users. 2.Create a Sustainable Commute Program. Significantly increase the convenience, availability and attractiveness of alternatives to single occupant vehicle commuting and provide for reductions in single occupant vehicle trips through programs that support transit, carpooling, bicycling, walking and working from home. Community Impact. Mitigate negative impacts of employee generated vehicle trips on the surrounding community, including traffic congestion and parking spillover into adjacent areas and on adjacent community features. 4. Evaluate performance on an ongoing basis. Appendix - Tier 2 Travel Demand Management Plan Sanctuary at Brooklyn Center Strategies for Achieving the TDMP Goals Upon completion of construction of the property, there will be various TDM elements available to employees including but not limited to the strategies listed below: General/Education Basic o Commuter information dissemination (at the time of hire) Carpools and Vanpools Basic o Preferential carpool parking spaces for carpoolers (signed spaces closest to main entrances) o Promote the Metro Transit Guaranteed Ride Home program Biking Basic o Secure bike parking (use Hennepin County Bike guidelines) o Promote the Metro Transit Guaranteed Ride Home program o Provide map to bicycle facilities and regional trails Advanced o Provide shower facilities Transit Basic o Display a transit map or transit route brochures in a prominent location o Promote the Metro Transit Guaranteed Ride Home program TDMP Annual Status Report A TDMP Annual Status Report is not required with a Tier 2 TDMP. (ui.of BROOKL 1W (EVTER Planning Commission Report Meeting Date: January 14, 2016 App1ication Filed: 12/15/15 Application Deemed Complete: 12/18/15 • Review Period (60-day) Deadline: 02/14/16 •LExtended Review Period Deadline: N/A Application No. 2016-001 Applicant: SCA Properties, LLC Location: 6121 Brooklyn Boulevard Request: PUD Amendment and Site & Building Plan INTRODUCTION SCA Properties, LLC is requesting an amendment to the original Planned Unit Development of the [former] Brookdale Chrysler-Plymouth Dealership property, along with a Site and Building Plan for a new senior housing project. The project is tentatively titled "The Sanctuary at Brooklyn Center." 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. It should also be pointed out the Developer held a public informational meeting on the project last Wednesday, January 6th at the city's West Fire Station. The same list of owners within the 350-foot radius were invited. COMPREHENSIVE PLAN AND ZONING STANDARDS Land Use Plan. RB - Retail Business Current Zoning. PUD/C2 (Planned Unit Development/Commerce) Surrounding Zoning: North: C2 (Commerce) East: Brooklyn Blvd. / RI One Family / Cl Service-Office South: PUD/C2 (PUD/C2 and Rl One Family Res. West: R-2 Two Family Res. / R-1 One Family Res. Site Area: 4.48 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 approval of the 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 given subject to approval of the amendment to the PUD. App. No. 2016-001 Pc 01/14/16 Page 1 BACKGROUND The original Planned Unit Development of the [former] Brookdale Chrysler-Plymouth Dealership was approved September 28, 1998. This PUD provided for the rezoning of the subject properties from C-2 (Commerce) and C-i (Service/Office) to a new overall and current zoning of PUD/C-2 (Planned Unit Development/Commerce). The PUD [Agreement] stipulated that Lot 1, Block 1 of the Chrysler Motors Corporation 2' Addition (main parcel) can only be used for "motor vehicle sales, leasing, service and the sale of vehicle parts." The PUD further stated that the smaller lot to the south of the main lot "shall be used for parking and display of passenger vehicles for sale." The subject site was approved as an auto dealership in 1962, and was owned for a number of years by William Bartram. Mr. Bartram later sold off the dealership to Luther Companies, which closed and relocated the dealership. In 2009, Kagel Acquisitions Group acquired the site and opened the Cars with Heart and Cars for Courage dealerships. These two groups later moved out in 2012 and 2013, which eventually led to the last auto dealership of Buy-Right Auto Group. The City's EDA completed the purchase of this site in April 2014 for $1.5 million from Kagel, and the smaller lot to the south for $150,000 from the Luther Companies (note: Luther immediately donated the $150,000 sale proceeds back to the City for use of the new amphitheater project). This amendment request is considered the first amendment to the original Brookdale Chrysler- Plymouth PUD of 1998. The amendment specifically seeks to rescind the exclusionary language of motor vehicle sales and related activities on these two lots, and provide for the allowance of an affordable assisted living facility for low-income seniors. The amendment also provides for allowance of reduced setbacks. The Amended PUD would allow the redevelopment of this site with a new 4 story (and partial one-story) slab on grade multiple family residence facility, with 158 unit. Of these, 130 units will be reserved for "general assisted living" and the remaining 28 units reserved for "higher acuity" residents (early stage dementia or Alzheimer's). This residential facility will not be a 24- hour staffed nursing care center. PUD AMENDMENT ANALYSIS The Planned Unit Development process involves the rezoning of certain lands with a PUD designation, followed by an alpha-numeric designation of the underlying zoning district. In this case, the land is currently zoned PUD/C-2 zone. The underlying zoning district of C-2 (Commerce) provide the regulations governing all uses and structures within the new PUD, or in some cases, the PUD Agreement can specifically identify, limit or exclude uses under the PUD. This was the case in 1998, when the city adopted the PUD/C-2 zone, with the expressed purpose of limiting to just the auto dealership activities. Planned Land Use Under most universal PUD's, the rules and regulations governing these underlying districts would apply to the current or future development proposals. One of the main purposes of the App. No. 2016.001 PC 01/14/16 Page 2 PUD district is to give City Council the needed flexibility in addressing development and redevelopment issues, which may assist in the redevelopment of certain sites, especially in-fill developments of this nature. Regulations governing uses and structures may be modified by conditions ultimately imposed by the City Council on the development plans. As the Planning Commission is aware, over the past few years planning staff has consistently identified and targeted this auto dealership site for redevelopment, which is one of the key reasons the City's EDA directed staff to negotiate the sale and acquisition of this site. Once the site was secured by the City, staffs primary focus has been to market and seek some form of a new housing project on this site, specifically senior housing or general assisted living facility. Under the current C-2 Zone, multi-family housing or senior assisted living is not specifically identified as a permitted or special use under this district. However, "nursing care home" is allowed as a permitted medical and health use under the C2 (Commerce) district regulations (see below): Section 35-322. C2 COMMERCE DISTRICT. 1. Permitted Uses f. The following medical and health uses: 4) Nursing care homes, (at not more than 50 beds per acre), provided that these institutions shall where required by state law, or regulation or by municipal ordinance, be licensed by the appropriate state or municipal authority. The C-2 also permits "[O]ther uses similar in nature to the aforementioned uses as determined by the City Council." To accommodate this new redevelopment proposal from SCA Properties, and to facilitate the city's own redevelopment goals of this important site, staff is requesting the Planning Commission consider the allowance of the senior housing development to proceed under the general guise or be considered similar in nature to the "Nursing care home" use. Although the State of Minnesota still has in place a moratorium on new nursing care homes (due in large part to limited State funds to assist or pay for elderly health care in current nursing care facilities throughout the state), the City is not identifying this new use as a nursing home, but rather a senior assisted living and acuity care facility, that may generally resembles or can fit under this type of use in the C2 District. Although regular or standard multiple family housing (market-rate, affordable, work-force, Section 8, etc.) is not allowed in the C2 Zone, this type of housing is a bit different, as it will provide general [assisted] care to the residents; and this assistance and management of the facility is provided by paid professionals, housing assistants, and service workers (both full-time and part-time). This level of service can be viewed as somewhat of a commercial enterprise or functioning business to some degree. The residents at this Sanctuary are paying to have the ability to live on their own, but served with limited assistance as needed. This housing is does not have (nor is it allowed under State rules) to provide 24-hour nursing or medical service care, as this would be considered a nursing care home. App. No. 2016-001 PC 01/14/16 Page 3 The PUD Amendment will essentially ratify the allowance of this senior housing facility at this location, while keeping the PUD/C-2 zone intact. The proposed development and rights of this use will be secured under the future (amended) PUD Agreement between the City and SCA Properties. Planning Staff recommends that the Planning Commission recommends to the City Council that this proposed use of a general assisted living facility, with limited acuity care units for senior residents, is an acceptable use under this PUD/C-2 district; and meets the general definitions or standards of a permitted (but limited) nursing care home; and may be considered an allowable or permitted use under the "Other uses similar in nature" standard provided for under Sect. 35-322 district standards. This recommendation is made with the understanding that this use can only be legitimized at this location by means of the PUD Agreement (noted earlier); and no other uses will be allowed or modified unless the PUD is requested to be amended and approved accordingly. 2030 Comprehensive Plan Policies, Goals and Objectives The city's 2030 Comprehensive Plan provides a number of supporting statements, goals and objectives that may lend support for the change of land use proposed by the Developer. The following is abbreviated language from Ch. 2 Land Use, Redevelopment and Community Image Plan: The recommendations of the Brooklyn Boulevard Redevelopment Study and the Brooklyn Boulevard Streetscape Amenities Study have generally been incorporated into the Comprehensive Plan, but the City continues to consult the studies for further, more detailed, advice. The City Planning Commission should develop overall strategies to implement agreed upon design recommendations from these studies favorable to the community's image objectives. The land-use and redevelopment themes of both studies, broadly stated, recommend gradually eliminating the remaining inappropriate single-family units along the Boulevard. Further, both studies recommend replacing the single-family units with either commercial and office/service uses on sites that are large enough to provide for adequate circulation and good site design or with high- and medium-density residential uses. Generally, they recommend that the central segment of the corridor be used primarily as a commercial district while the balance of the corridor is devoted primarily to either higher-density housing or single-family housing south of Highway 100. The following are the Goals that have been established by the Plan: 1.Protect and enhance the residential neighborhoods. 2.Continuously renew and redevelop to make better use of land in City Center and the Brooklyn Boulevard Corridor. 3.Improve the appearance of the city to enhance quality of life, property values and civic pride. 4.Improve the image of the City through branding and coordinated theme development in public areas. App. No. 2016-001 PC 01/14/16 Page 4 Land Use Redevelopment Objectives are noted as follows (selected): 3. Continue the selective redevelopment of targeted areas, commercial, industrial and residential, to eliminate obsolescent or deteriorating land uses and stimulate new investment. 5.Enhance and strengthen City Center's economic viability and status in the regional market place. • Help increase retail sales, rental occupancy and tax base. • Promote the redevelopment of obsolete, underutilized or vacant sites into uses that address needs in the marketplace, and that provide a more pedestrian-friendly atmosphere. • Assist in the gradual evolution of the Brooklyn Boulevard corridor consistent with the 1996 plan so that it offers a positive, complementary but different environment from that of the City Center. 6.Use the zoning ordinance to provide for a more flexible mix of land uses and to encourage good design. The following are the "Community Image Objectives" of the Plan: 1. Improve the connections and linkages between neighborhoods, major corridors, parks and open space, and City Center, through streetscape enhancements, signage systems, and other public way improvements. o Improve the Brooklyn Boulevard corridor through redevelopment and intensification of underutilized sites, traffic improvements, and appearance enhancements, as outlined in the Brooklyn Boulevard Redevelopment Study (1993) and the Brooklyn Boulevard Streetscape Amenities Study (1994). Ch. 4 - Housing Plan of the 2030 Comprehensive Plan also provides supporting statements for this type of senior housing development, noted as follows: HOUSING FOR EMPTY-NESTERS AND SENIORS As touched upon in the subsection above on age of householders there is a lack of housing designed for individuals and couples beyond middle age who looking for low maintenance alternatives to their single-family detached home. The lack of housing supply to address this housing need is probably causing people to move out of the community. At the community comprehensive planning meetings the housing needs of seniors looking to move out of independent living situations and into housing that includes a degree of supervision and support was brought up as a housing issue. A second need of seniors identified was support to do chores for seniors and help them maintain their homes App. No. 2016-001 PC 01/14/16 Page 5 HOUSING REDEVELOPMENT OPPORTUNITIES As described in the Land Use, Redevelopment and Community Image Plan (Section 2), several areas offer opportunities for redevelopment with mixed residential, office and commercial land uses at medium to high densities. Many areas along the Brooklyn Boulevard corridor that are currently occupied by single family homes or underutilized as commercial sites would be available for redevelopment for high- or mid-density housing or more intensive office and commercial uses. The corridor is well served by transit lines. HOUSING PRINCIPLES As part of participating in the Metropolitan Livable Communities Act's Local Housing Incentives Program, in 1996 the City declared its support for the following principles: 1. A balanced housing supply with housing available for people at all income levels. The accommodation of all racial and ethnic groups in the purchase, sale, rental and location of housing within the community. 3.A variety of housing types for people in all stages of the life cycle. 4.A community of well-maintained housing and neighborhoods, including ownership and rental housing. 5. Housing development that respects the natural environment of the community while striving to accommodate the need fora variety of housing types and costs. The availability of a full range of services and facilities for its residents, and the improvement of access to and linkage between housing and employment. Reduced Setback Standards The development site plans for this senior housing project identifies a 4 story high residential building, with a one —story wing addition near the southwest corner. Pursuant to Zoning Code Sect. 35-400, an additional setback standard is noted as follows: 4. When a building of 2-112 stories or more in an R5, R6, R7, CIA or C2 zone abuts an RI or R2 zone, the setback of this building from the RI or R2 property shall be no less than twice the height of the building. As noted in the Comp. Plan/Zoning Standard section of this report, the subject site is adjacent to R- 1 and R-2 zoned properties to the west and south of the property. According to the narrative and site plan (which will be analyzed fully later in this report), the building appears to have a 125-ft. setback from the front Brooklyn Blvd. right-of-way line; a 40-42-ft. setback along the south lot line; approximately 100-ft. from the west line; and 35.8 ft. from the north line (along 62 w' Avenue). From measurements obtained off the elevation (architectural) plans, the overall buildings height (4 stories plus peak of roof line) is measured at 56.5 feet. Some cities allow the height of App. No. 2016-001 PC 01/14/16 Page 6 buildings under their zoning standards to be the mid-point (mean) of top line to the bottom (soffit) edge, or in this case about 49-feet. The one-story wing addition (southwest corner) is shown with a 22.4-ft. height level. At 56.5 feet, this equates to 113-ft. setback along this line, while the 49-ft. height would call for a 98-ft. setback. The setbacks along the front (east) and north sides all appear adequate; and the west setback of approx. 100-ft. is acceptable due in large part to his section of the new building is shown as the one-story living area. However, the setback along the south line is almost half of what the Code requires. The two properties directly affected under this added setback standards are the single family homes located at 3600 - 61st Avenue (Bucsko family estate) and 3606 - 61St Avenue (Jesse & Teresa Moan residence). As part of the city's efforts to acquire the surrounding properties near this development site, planning staff has been in contact with both owners and the Bucsko family has agreed to sell to the city. The Moans are aware of the pians and indicated a desire to stay for a few years, and are receptive to selling to the city. Both families have stated they do not object to the city's redevelopment plans for the site next door. Under the PUD process, a reduction of setbacks may be considered, if certain provisions or conditions are offered into the plans, such as buffering or screening measures, which may help reduce the massiveness of the buildings into this encroachment area, and those measures that may alleviate any negative impacts upon the neighboring single-family residential district. The pians call for some landscaping and screening along the south edge, which will be addressed in the "Landscape/Screening" section of this report. Assuming this remains the case at time of approvals, the Planning Staff does support the allowance of the reduced setback standard along this south line, provided additional measures of screening and landscaping are provided in the interim period until the city officially acquires and takes control of both sites. Planning staff recommends the Planning Commission provide a recommendation of support to this request for reduced setback along this south lot line boundary. DEVELOPMENT PLAN/SITE & BUILDING PLAN REVIEW The new PUD plan for the subject site calls for the construction of a four story residential facility, along with a small one-story wing addition off the southwest corner, which will provide 158 units of senior assisted living. Of these living units, 130 will be for general assisted living residents, while 28 units are reserved for higher acuity residents. As stated previously, this is not considered a nursing care home by definition, due to the absence of 24-hour nursing or medical oversight care for residents. The submitted site plans under this report indicate two access points along 62'' Avenue to the north. This has been revised and will be discussed later in this report. The site contains a front parking area along Brooklyn Boulevard and a separate parking area to the rear of the building. The front parking area is primarily for visitors, while the rear parking area is for workers. The App. No. 2016-001 PC 01/14/16 Page 7 front face of the building was situated to provide massing and nice exposure to the highly traveled Brooklyn Blvd. roadway system. This front area will also provide a covered entrance (referred to as a "porte cochere") which would allow cars to stop and drop-off or pick-up residents and provide some protection from the elements. The back yard areas of the facility provides a small, private garden and walking path area, with garden/plantings areas, trellises and seating scattered throughout. A separate and smaller (but secured) fenced in area located at the end of the single-story acuity wing. The site also contains a dedicated fire lane along the south sides of the building, which will be closed for passenger vehicle traffic, and may be used as additional walking path space (similar to the fire lane at the Maranatha/Presbyterian Homes facility off 69 th Avenue). All of the units are intended for single-occupancy for one bedroom, and equipped with private bathroom facilities, and small sink/kitchenette and private dining areas. •: Building The building elevations and floor plans for the proposed building are attached to this report. Amenities in the building include a 2-story entry lobby with adjacent mail café, common dining room as well as a private dining room, commercial kitchen, club room, fitness/wellness room, spa/bathtique, salon, theater, community room, and creative arts studio. In addition to this, the higher acuity area has its own remote serving pantry, dining areas and dayroom spaces for each household of 14 residents, sunroom, spalbathtique, sensory room, activity lounges and access to an enclosed garden and outdoor area. All units will have at least one window, with two windows in the larger units. The exterior materials are a combination of fiber cement lap siding, shake siding, panel siding, brick, and some cultured stone. The roof will be covered with architectural grade shingles, in a color yet to be determined. The building will be made fully ADA compliant, with elevators located or spaced apart according to specific (federal government funding) rules for these types of facilities. Stairwells will also be provided, and the building shall be sprinklered. As noted previously in this report, the height of the building was determined by measurements obtained off the elevation (architectural) plans. The overall buddings height (4 stories plus peak of roof line) is measured at 56.5 feet. The Zoning Ordinance is silent on how to determine or measure the height of buildings, nor does the Code provide a minimum or maximum height of structures in the C2 district. Some cities allow the height of buildings under their zoning standards to be the mid-point (mean) of top line to the bottom (soffit) edge, or in this case about 49-feet. The one-story wing addition (southwest corner) is shown with a 22.4-ft. height level. + Access & Parking As noted in the Developer's own narrative, it was stated that most if not all of the residents that live at this facility will not have vehicles to drive, or have the resources to keep or maintain a vehicle on the site. App. No. 2016-001 Pc 01/14/16 Page 8 The former dealership site contained two access points off Brooklyn Blvd. The main (northerly entry point led directly into the dealership site, while the southerly access was a joint access between the larger car site and smaller Luther lot to the south. The site also had three additional access points off 62'd Avenue (to the north); however, after the city acquired the site, the most easterly access closure was voluntarily closed as part of the 2014 Street Improvement Projects. . ) j - .•k r . ' ) E (W 1V q$ AA The submitted plans included in this planning report illustrate the removal of the two access drives off Brooklyn Boulevard, with two new separate access points off 62'd Avenue only to serve this facility. The westerly access drive would utilize the existing (saved) access point off 62m1 Avenue, which feeds two-way traffic directly into the new 35 space parking area, and provided access for the dedicated delivery/loading areas. Pursuant to Zoning Code Section 35-704 [MINIMUM PARKING SPACES REQUIRED], the following spaces are required for each type of use: 1. Residence a.Two spaces per dwelling unit 4. Miscellaneous b.Rest homes, nursing homes, sanitariums, and homes for the aged and for children: One space for every four beds plus one space for every two employees and one space for each staff doctor. If this new PUD Plan were truly a regular multiple family housing development, the two spaces per unit would require 316 spaces (158 units x 2). However, since the Developer has presented this as a senior assisted living facility, and assuming the City Council accepts this use under the PUD/C2 zone, the city can apply the one space per 4 beds (158 / 4 39.5) or 40 spaces. The remaining 35 spaces will be reserved for employees, which are targeted at 25 to 30 employees. The city does not disagree with the statement that most residents at this location will be driving or own a vehicle; and the number of spaces for visitors and employees papers to be adequate and App. No. 2016-001 PC 01/14/16 Page 9 q i1J1 j L.M -- -- - ATIVEj ' A •1 •! I) , I1 1 11 7 y. . HERTZ .1 irn S • - . . £- p - III"' ':- IT approved. The easterly drive opening would be re-established at or near the location of the former (and recently closed) access nearest the intersection. Access is then directed to a very sharp, goose- neck driveway, that feeds two way traffic to and from the front visitor parking area, which contains 41 spaces. It should be pointed out that these two access points were encouraged by planning staff in order to eliminate any direct access onto Brooklyn Boulevard, which is what we initially thought would be supported. When the site plans were submitted to the city engineering department for review, the following concerns were expressed: • Proximity of the easterly driveway off 62Iid Avenue to the intersection of 62nd and Brooklyn Blvd.; • The sharp turning radiuses or "goose-neck" style driveway near this location; and • The elimination of the Brooklyn Blvd. accesses, which can cause the possible overloading, stacking and conflicting movements of vehicles on to 62' Avenue and the nearby intersection with Brooklyn Blvd. The engineers suggested the planners and site designers refer back to the SRF Engineers' Brooklyn Boulevard Concept Plan layouts, which is noted in the illustration below: This concept plan allows for the keeping of the shared driveway between the two parcels, and elimination of the main access off Brooklyn Blvd. App. No. 2016-001 PC 01/14/16 Page 10 Staff met with the developers shortly thereafter and encouraged the designers to provide a new access as shown on the SRF Concept Plan; and make an effort to revise or modify the sharp driveway design near the intersection. The re-design of this driveway may result in the new building being shifted even further to the south, which means an even more reduced setback along this area. At this time, the Developer is examining options of making access and driveway changes that will address the comments and concerns raised by the engineering staff. Staff may provide some additional information, design options and recommendation at the public hearing. The site also provides for a 12-foot wide fire lane road along the west and south sides of the building. When staff was considering the shifting of the building further south to accommodate the access points and driveway along 62nd Avenue, a suggestion was made to eliminate this fire lane. However, the fire department requested this lane to remain on these sides. The fire lane is scheduled to be improved with 4-foot wide "reinforced turf" on each side of the lane, making this a 20-foot wide section. The fire lane will need to be gated or blocked off to prevent any passenger vehicles from driving along this lane; however, the lane can be used by residents as an additional walking path if they wish. The Fire Chief will make final recommendations and approval of the fire lane during building permit review. The site plan identifies new sidewalks to be installed along the south side of 62nd Avenue; and two walkway connectors from the front parking lot areas to the front trail/sidewalk along Brooklyn Boulevard. Hennepin County has requested the Developer (City) dedicate a 17-foot wide roadway/trail easement along this east property line, to accommodate the future road and regional trail improvements in this area. At this time, it is anticipated the 17-ft. easement will provide enough space for a 10-ft. wide boulevard and 10-ft. wide trail, with a 2-3 ft. buffer strip on the back side of the trail. Planning and Engineering staff is confident that enough space is available in this area to accommodate the future roadway/trail improvements, and will work with the Developer to ensure the future needs of the City and County are met prior to any transfer of land. + Grading/Drainage/Utilities The applicant has provided preliminary grading, drainage, utility and erosion control plans which are being reviewed by the Director of Public Works/City Engineer. His written comments will be attached for the Commission's review. The site contains two new on-site infiltration basins to be installed on the west edge and east edge of the property. These ponds will provide storm water pre-treatment of water runoff from the building and parking areas, and are tied into the city's own storm sewer systems within 62nd Avenue and Brooklyn Boulevard. The City Engineer has requested the city's engineering consultants from WSB Co. to assist in modeling the existing nearby storm water systems, and provide a determination or opinion if these systems can also accommodate the expected runoff from this development site. These findings were not available at the time of preparation of this report, but will be available prior to City Council consideration and determination made before any building permit approvals. Sanitary sewer and water mains are located within Brooklyn Boulevard right of way, and should App. No. 2016-001 Pc 01/14/16 Page 11 be readily available or able to accommodate this new addition. The City Engineer has requested a local civil engineering consultant to provide a review and determination of whether or not the local sanitary and water systems can accommodate this large scale residential development in this area. We may have a response from the engineer by next Thursday, and will report any findings or concerns if they become available. B-612 curb and gutter is to be provided around all driving and parking areas in accordance with city ordinances. + Landscaping/Screening The developer has submitted a landscape plan as part of this PUD. All new landscape plans must comply with the City's "Landscape Point System" policy, which is evaluated and determined by the LPS worksheet. One of the key benefits for a landscaping plan is to provide nice visuals and pleasing amenities to a newly reconstructed site, which also complement the new building and improvements, and fill in open space areas as needed. Another added benefit is to provide a dense, natural and environmental friendly screening, especially the neighboring single family residences to the south and west sides of this site. The PUD process may permit reduction of required setbacks (as we detailed in the previous "Building" section of this report), but typically the development and/or Developer must provide suitable and acceptable buffers or screening measures (such as landscaping, fencing, berming or a combination of all) to lessen these impacts upon the adjacent properties. This 4.48 acre site requires a total of 366 landscape points (based on multiple family residential uses). The plan calls for 53 deciduous trees; 27 decorative/ornamental trees; 45 coniferous trees; and 150 shrubs. The plan also includes the addition of 1,025 perennials and grasses. The point total calculated by city staff equates to 915.5 points, which is almost 3 times the amount required, and should be commended by the Developers. The PUD process may permit reduction of required setbacks (as we detailed in the previous "Building" section of this report), but typically the development and/or Developer must provide suitable and acceptable buffers or screening measures (such as landscaping, fencing, berming or a combination of all) to lessen these impacts upon the adjacent properties. Pursuant to City Code Section 35-412. Special Requirements in C2 Districts, the following is added for buffering new developments next to single family residences: 3. Where a proposed C2 development abuts an Ri, R2, or R3 district other than at a public street line, buffer provisions shall be established. There shall be provided a protective strip of not less than 35 feet in width. The protective strip shall not be used for parking, driveways, off-street loading or storage and shall be landscaped. The landscape treatment shall contain an opaque fence or wall which shall not extend within 10 feet of any street right-of-way. The fence or wall design must be approved by the City Council as being in harmony with the App. No. 2016-001 PC 01/14/16 Page 12 residential neighborhood and providing sufficient screening of the commercial area. The fence or wall shall be eight feet in height. The protective strip shall contain no structures other than the approved fence or wall. The landscape plan does a great job providing or maintaining the 35-foot buffer along the west edge with a large number of trees and plants, but appears somewhat limited along the south edge. The City generally accepts this limited level along the south due to the proximity of the fire lane at this location. The plan seems to be absent of any fence or wall along these sides, and the City is requesting the Developer provide an 8-ft. high fence along these two sides. At the public information meeting of Jan. 6thi, one of the homeowners along the west side voiced a concern of nearby townhome residents and pedestrians walking between their back yards and the old concrete block screening wall that used to encircle the old dealership site. Since the wall was removed by the city, the site is now open more than ever, and they still see a lot of foot traffic in this area. The homeowners requested some type of fence or screen to prevent this traffic, and city staff supports this request. The Planning Commission should make a determination as to the adequacy of the screening plan and provide recommendations on this plan at the public hearing. Lighting/Trash The Developer has been submitted a lighting plan for this site. All new lighting would need to meet or exceed those requirements established under Section 35-712 of the city ordinances. City ordinance require that all exterior lighting be provided with lenses, reflectors or down-cast shades so as to concentrate illumination on the property. Illumination is not permitted at an intensity level greater than 3 foot candles measured at property lines abutting residentially zoned property. The preliminary review of the photometric plan indicates all new lighting is situated in and around the two parking and driveway areas. There does not appear to be any lighting along the back fire lane areas, and the city staff(planning and fire department) will work with the Developer to develop or add new lights if this area needs to be illuminated. IT • / / .. ___,I_ L('JN ,4,J 7-4510 CONC. WALK 881 PRIVACSLSNCE, II I V lOCUS. PosTs' c SlED DUTY BIT AND 8APR05. PV1L1'YP.- 4 510, CO1.0 STOCK DPVIELW h-j8O - PAD (4)HITCIIIIGPOSIST'YLE IOU 0YACITY,S h— - - - 15 fr'—I EATYILTYP, I j, 67' -0 4 'ç TRUSS ENCLOSURE. S . TYITCIS ANCH 6REINF.CONC.PAD I VAST BT lYING NATE ' . 1 , P. 764'- I . !, 2l HW. DUTY BIT, PANT. NAP, GENE L.Jk J3L5O'570' lIEU EUV ElI ITT BA4RJ lI' The trash pick-up and enclosure are located to the rear of the budding (see illustration above). App. No. 2016-001 PC 01/14/16 Page 13 The enclosure is slated to match with the new exteriors of the building. A second enclosure is also shown for a back-up generator. FINDINGS & RECOMMENDATION The request by the Developer to amend the existing Planned Unit Development of 1998 to allow this multiple family residential use, including the addition of the new 4-stoiy, senior assisted living facility as presented herein, can be supported based on the following findings: a)The proposed use of a general assisted living facility, with limited acuity care units for senior residents, is an acceptable use under this PUDIC-2 district; and meets the general definitions or standards of a permitted (but limited) nursing care home; and may be considered an allowable or permitted use under the "Other uses similar in nature" standard provided for under Sect. 35-322 district standards; b)The proposed senior housing project will provide an ideal opportunity for redevelopment of a targeted area for the community's senior residential and health care sector; eliminates and replaces an obsolescent or deteriorating commercial area, and will stimulate new investment in the neighborhood and community. c)The proposed project appears to demonstrate a clear and public need or benefit to the community and regional area, as it will improve the appearance of the city and enhance the quality of life, property values and civic pride in this neighborhood area; d)The proposed senior housing project will facilitate the redevelopment plans of this site, which appear to be compatible with the goals, objectives and policies of the City's 2030 Comprehensive Plan and underlying land use plan. e) The proposed rezoning will enhance and strengthen City Center's economic viability and status in the regional market place by the following supporting statements: i.helps to increase employment opportunities, rental occupancy and tax base; ii.provides for the redevelopment of an obsolete and underutilized site into a use(s) that address needs in the marketplace, especially for senior housing and life-cycle housing needs. f) The new senior housing project provides an ideal opportunity to provide additional (and affordable) senior housing options for its own and neighboring residents. g) The new senior housing project will not be injurious to the use and enjoyment of other uses in and around this Wangsted park neighborhood; App. No. 2016-001 PC 01/14/16 Page 14 h)The addition of this new senior housing project will not impede the normal orderly development and proposed improvements of this area or those projected along the Brooklyn Boulevard Corridor; and i)The proposed layout of this new senior housing development, including the new buildings, site improvements, walkways, and trails, including reduced setbacks and any other related flexibility or reductions identified within these Site and Building Plans, are hereby acceptable and approved. Should the Planning Commission agree with these findings, then Planning Staff recommends the Commission adopts the attached Resolution No. 2016-01, which comprehends the approval of Planning Application No. 2016-001, the request by SCA Properties, LLC to amend the original 1998 Planned Unit Development of the Brookdale Chrysler-Plymouth Dealership, along with a Site and Building Plan for a new 4-story senior housing project identified herein, subject to the following allowances and conditions: 1.Developer is allowed to amend the 1998 Planned Unit Development of the Brookdale Chrysler-Plymouth Dealership by redeveloping the subject site consistent with the proposed Site and Building Plan known as the "Sanctuary of Brooklyn Center Senior Living", which shall serve as the new (and approved) Development Plan to this amended PUD. 2.No other allowances, modifications or changes that may not be illustrated or indicated on the submitted "Sanctuary of Brooklyn Center" plan, dated 12/11/15 shall be comprehended or permitted under this Site and Building Plan approvals, unless specifically requested by the Developer and approved by the City Council. 3.Developer must install and show on the final plans a new 8-foot high screening fence along the west and south property lines to screen the single family residential uses. 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. 5.Developer/Applicant agrees to comply with all conditions or provisions noted in the City Engineer's Review memo, dated January 7, 2016. 6.The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 7.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. 8.Any outside trash disposal facilities and roof top or on-ground mechanical equipment App. No. 2016-001 PC 01/14/16 Page 15 shall be appropriately screened from view. 9.An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 10.This PUD Amendment and Site Plan approvals are exclusive of all final signs on this site, which shall remain subject to Chapter 34 of the city ordinances must be approved under separate Sign Permits. 11.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. 12.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. 13.The Developer must meet requirements from Hennepin County's review. 14.The Developer shall provide Hennepin County with a minimum 17' of additional road easement including an additional 7' by 60' triangular easement in northeast corner of property. 15. The Developer shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. Attachments • City Engineer's Review Memo (01/07/16) • Planning Commission Res. No. 2016-01 • Sanctuary at Brooklyn Center Senior Living Development Site & Building Plans App. No. 2016-001 PC 01/14/16 Page 16 6000 -6100 BLOCK BROOKLYN BOULEVARD I:1 - •l r , 9621 6218 6225 t4 - NX 6224 -2O [ 17Akiltr *__Ltt...L 3801 3 800 - 1 - -- -!: 4 ^;^6142 3501 •. to _6142. -\ Ip L - ____ 21P I \ ' - 4 NI 16 13' 61 RO 6107 7 \6100 Ir - 3r -•--=-'1 wr 60245 0 25 50 100 150 2CG I A 514 ! 40 - 60l8 - t = Project Boundaries (proposed The Sanctuary of Brooklyn Center) THE SANCTUARY AT BROOKLYN CENTER J, LL - -_- The Sanctuary at Brooklyn Center is a 4-story, wood frame, slob on grade building with a pitched roof. Providing 158 total units of affordable assisted living apartments for low-income seniors, 130 of these units will be general assisted living apartments, and 28 units will be reserved for higher acuity residents. Amenities in the building include a 2-story entry lobby with adjacent mail café, common dining room as well as a private dining room, commercial kitchen, club room, fitness/wellness room, spa/bathtique, salon, theater, community room, and creative arts studio. In addition to this, the higher acuity area has its own remote serving pantry, dining areas and dayroom spaces for each household of 14 residents, sunroom, spa/bathtique, sensory room, activity lounges and access to an enclosed garden and outdoor area. Site amenities include a drive-under porte cochere, large patio off the dining room, walking trails around the building, and landscaped courtyard with planting beds and other activity spaces. The exterior materials are a combination of fiber cement lop siding, shake siding, panel siding, brick, and some cultured stone. The height of the proposed building, both at the midpoint of roof and peak of roof for the main 4-story portion of the building as well as the 1 -story portion on the south leg of the building, are noted on the submitted A500 Exterior Elevations sheet. The proposed project includes 41 parking stalls at the front of the building for guests, with an additional 35 parking stalls on the west side of the building for staff and overflow parking. It is anticipated that the residents living at The Sanctuary of Brooklyn Center will not own a vehicle. The site is currently zoned as a PUD, and the proposed project is requesting a PUD Amendment to allow an assisted living building to be a permitted use on this site. The setback discussed for the south side of the site, as discussed with the city, is 40' from the property line. All other setbacks are met or exceeded with the building placement for the requirements of the underlying zoning. k'U Eel II•JTIII1 DATE: January 7, 2016 TO: Tim Benetti, Planning and Zoning Specialist FROM: Andrew Hogg, Assistant City Engineer SUBJECT: Site Plan Review - Sanctuary at Brooklyn Center Public Works staff reviewed the following documents submitted for review on December 12, 2015, for the proposed Sanctuary at Brooklyn Center: Civil Site Plans, December 11, 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 the Land Alteration Permit: CLO Removals Plan 1.Remove existing sanitary services not utilized by proposed project at sanitary main. C2.0 - Site Plan 2.Label accessible ramps. 3.Revise northeast entrance to improve turning movements, drivability and alignment with entrance on north side of 62"' Avenue. 4.Provide right-in/right-out only at southern property line. This access must be documented in the PUD agreement for this parcel and the necessary cross access agreements will be required. This access is to be limited to right-in/right-out only with future Brooklyn Blvd reconstruction project that will include a raised center median. C4.0 - Utility Plan 5.Connect sanitary service to existing structure or provide new structure at connection point on sanitary main. C5.0 - Detail and SDecifications Plan 6.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. L1.0 & Li.! - Landscape Plan 7.Provide irrigation plan. Miscellaneous 8.See redlines for additional site plan comments. 9. Review plans for note conflicts and legibility. Sanctuary at Brooklyn Center Page 2 of 3 Site Plan Review, January 7, 2016 10.Analysis on the proposed site and building's demand on existing City water, sanity and storm systems will need to be completed and reviewed, prior to issue of a Land Alteration Permit. 11.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. 12.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.(see attached template letter) The engineer must be certified in the State of Minnesota and must certify all required as-built drawings (which are separate from the as-built survey). 13.The total disturbed area exceeds one acre; an NPDES permit is required. In addition, the total disturbed area is less than five acres. The applicant has submitted plans to the City of Brooklyn Center for project review on behalf on the Shingle Creek Watershed Commission. Stormwater plans meet the requirements of the Shingle Creek Watershed Commission. 14.The project is within the City of Brooklyn Center's Drinking Water Supply Management Area; documentation needs to be provided addressing Rule C 3 .h.(vii) and should verify that infiltration is not being used in the following areas: areas with less than 3-feet separation from the bottom of the infiltration system to the elevation of seasonal high groundwater, areas with runoff from industrial, commercial and institutional parking lots, and roads and residential arterial roads with less than 5-feet separation distance from the bottom of the infiltration system to the elevation of seasonal high groundwater. 15.Provide traffic memo highlighting intersection evaluations for Ewing Avenue and 63rd Avenue, Brooklyn Boulevard and 63rd Avenue, Brooklyn Boulevard and 62nd Avenue; and Tier 2 Travel Demand Management and parking evaluation for special events. 16.The City has submitted the plans to Hennepin County for review. Applicant must meet requirements from Hennepin County's review. 17.Provide Hennepin County with a minimum 17' of additional road easement including an additional 7' by 60' triangular easement in northeast corner of property. 18.Utility Facilities Easement Agreement required. Prior to issuance of a Land Alteration 19.Final construction/demolition plans and specifications need to be received and approved by the City Engineer in form and format as determined by the City. The final plan must comply with the approved preliminary plan and/or as amended by the City Engineer. G:\Engineering\Development & Planning\ACTWE Development Projeets\Sanctuary at Brooklyn Center\Plan Reviews & Applieations\Preliminary Plan Reviews\1 60107_Plan Review Memo.doc Sanctuary at Brooklyn Center Page 3 of 3 Site Plan Review, January 7, 2016 20.A letter of credit Or a cash escrow in the amount of 100% of the estimated cost as determined by City staff shall be deposited with the City. 21.During construction of the site improvements, and until the permanent turf and plantings are established, the developer will be required to reimburse the City for the administration and engineering inspection efforts. Please submit a deposit of $2,500 that the City can draw upon on a monthly basis. 22.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. Anticipated Permitti,i: 23.A City of Brooklyn Center Land Disturbance Permit is required. 24.Applicant to obtain required permits to work in County right-of-way. 25.A MPCA NPDES permit is required. 26.Conditions specified by the City to meet the requirements of the Shingle Creek Watershed Commission must be met. 27.Other permits not listed may be required and is the responsibility of the developer to obtain and warrant. 28.Copies of all required permits must be provided to the City prior to issuance of applicable building and land disturbance permits. 29.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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STATE OF MINNESOTA JANUARY 14, 2016 The Planning Commission meeting was called to order by Chair Christensen at 7:02 p.m. Chair Randy Christensen, Commissioners Alexander Koenig, John MacMillan, Carlos Morgan (arrived at 7:08 p.m.), Stephen Sehonning, 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 Schonning, seconded by Commissioner Tade, to approve the agenda of the January 14, 2016 meeting. Chair Christensen noted that item number eight of the agenda should read as follows: ELECTION OF PLANNING COMMISSION CHAIRPERSON FOR YEAR 2016 instead of 2015. The motion passed. 4.APPROVAL OF MINUTES - DECEMBER 17, 2015 There was a motion by Commissioner Sweeney, seconded by Commissioner MacMillan, to approve the minutes of the December 17, 2015 meeting. The motion passed unanimously. I) ri [sir.i A MS1IJ 1hA I hl h VII*AIHI J i[eIES)YA kA &OI There was a motion by Commissioner Schonning, seconded by Commissioner MacMillan, to adjourn the 2015 Planning Commission. The motion passed unanimously. 6.ADMINISTER OATH OF OFFICE: Carlos Morgan, Rochelle Sweeney, and Alexander Koenig Secretary to the Planning Commission Tim Benetti collectively administered the Oath of Office to Commissioner Rochelle Sweeney and Commissioner Alexander Koenig. Commissioner Carlos Morgan was sworn in separately upon arrival. 7.ROLL CALL OF THE 2016 PLANNING COMMISSION Acting Chair Randy Christensen, Commissioners Alexander Koenig, John MacMillan, Carlos Morgan (arrived at 7:08 p.m.), Stephen Schonning, Rochelle Sweeney, and Susan Tade were PC Minutes 01-14-16 -1- DRAFT present. Also present were Secretary to the Planning Commission/City Planner Tim Benetti and Director of Business and Development Gary Eitel. E. aim ai I (,)tS) I IJ 'hII I(eIES]k'i I I Kfi (I)ES1 : I 1 ai t[.)I [I) Sd DI P111V1 Mr. Benetti explained at this time, any Planning Commissioner may verbally nominate one or more members of the group, with a second to each nomination required, followed by choice of a paper/secret ballot vote, a show of hands, or voice vote. There was a motion passed at the December 17, 2015 Planning Commission meeting by Commissioner MacMillan, seconded by Commissioner Schonning to nominate Chair Christensen as Planning Commission chairperson. Acting Chair Christensen called for other nominations. There were no other nominations. There was motion by Commissioner Tade, seconded by Commissioner Koenig to close the nominations. The motion passed. There was a unanimous show of hand vote to elect Chair Christensen as Planning Commissioner Chairperson. There was a motion by Commissioner MacMillan, seconded by Commissioner Schonning to accept the results and election of chair for the year 2016. The motion passed. 9.APPOINTMENT OF 2016 CHAIR PRO-TEM BY CHAIRPERSON Chair Christensen asked if anyone was interested in serving as Chair Pro-Tern. Commissioner Koenig indicated his interest in serving as Chair Pro-Tern. Chair Christensen appointed Commissioner Koenig as the Planning Commission's Chair Pro- Tern. 10.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. 11. PLANNING APPLICATION ITEMS Ila) APPLICATION NO. 2016-001; SCA PROPERTIES, LLC, CONSIDERATION OF A PLANNED UNIT DEVELOPMENT AMENDMENT TO THE 1998 BROOKDALE CRYSLER-PLYMOUTH DEALERSHIP PROPERTY, ALONG WITH A SITE AND BUILDING PC Minutes 01-14-16 -2- DRAFT PLAN FOR A NEW SENIOR HOUSING PROJECT TO BE KNOWN AS THE "SANCTUARY OF BROOKLYN CENTER"; 6121 BROOKLYN BOULEVARD Chair Christensen introduced Application No. 2016-001, consideration of a Planned Unit Development Amendment to the 1998 Brookdale Chrysler-Plymouth Dealership Property, along with a Site and Building Plan for a New Senior Housing Project to be known as the "Sanctuary of Brooklyn Center", located at 6121 Brooklyn Boulevard. Mr. Benetti introduced the application and 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. He stated that the developer had held an informational meeting on January 6, 2016 and there were two property owners in attendance. He provided the site aerial map; zoning map; and provided background on the property. He presented the development/site plans and noted changes to the access points. He stated that the utilities study is currently underway. He also presented the architectural elements, the footprint, the lighting plan and the PUD analysis. He pointed out that staff has consistently targeted this site for redevelopment of this type. He stated that this facility meets the general definitions or standards of a permitted (but limited) nursing care home and may be considered an allowable or permitted use under the "other uses similar in nature". This allows staff to go forward without a zoning or land-use change. Commissioner Morgan confirmed that staff prefers PUDs as opposed to a variance. Mr. Benetti stated that a PUD provides flexibility. Commissioner Morgan stated that it is good that the needs of the retirees are being considered. Mr. Benetti stated that the level of service provided at the facility allows it to be viewed as a commercial enterprise and the PUD amendment will ratify the allowance. He presented the building setbacks and stated that he had distributed to Planning Commission members an updated plan that showed adjustments and he highlighted the updated plan. He stated that the owners of the two properties affected to the south don't object to the plan. He also stated that the City does have a purchase agreement to acquire one of the south side properties and has had discussions with the other homeowner as well. He stated that there will be a setback reduction and therefore the City is asking that the developer provide an adjustment to their landscape plan to include additional trees. He went over the changes to the access and parking plans including the shifting of the building further south on the lot. He stated that if the Planning Commission agrees, the intent is to take the updated design, finish out the full development plan and present it back to the City Council. Director of Business & Development Gary Eitel talked about setbacks on the current design concept and how the plan fits with the Brooklyn Boulevard Corridor Study and getting access points eliminated from Brooklyn Boulevard. He pointed out that the Planning Commission is being asked to make a recommendation to the City Council regarding the use of this land in accordance with the City's ordinance. He stated that the plan is high exposure but doesn't demand a lot of parking and access points and is a good use of the site. PC Minutes 01-14-16 -3- DRAFT Commissioner Morgan stated that he remembered that eliminating driveways on Brooklyn Boulevard was part of the Comprehensive Plan. Mr. Benetti preented the landscaping and screening plans and the staff findings and stated that the Planning Staff recommends the Planning Commission provide a recommendation to the City Council to approve Planning Application No. 2016-001, consideration of a Planned Unit Development Amendment to the 1998 Brookdale Chrysler-Plymouth Dealership Property, along With A Site And Building Plan For A New Senior Housing Project to be known as "The Sanctuary of Brooklyn Center", 6121 Brooklyn Boulevard, with the conditions noted in the Planning Staff report and also similar in the Resolution. Commissioner Morgan asked if SCA Properties would operate the home. Melanie Bridgeman, SCA Properties, replied that it will be part of the general partnership with Pathways Property Management Company. She stated her appreciation of City staff while working on this project. She feels very comfortable with the design and hopes that the Commissioners will enjoy it as well. Commissioner Tade talked about the state's moratorium on nursing homes and asked if the developer felt that there would be enough people to fill the building since there won't be state assistance. Ms. Bridgeman replied that this is very different from a nursing home. She stated that they anticipate funding through the Elderly Waiver Program and they anticipate the market demand to fill the building. She talked about the current limited options for low income seniors. Chair Christensen asked if there would be security staff. Ms. Bridgeman replied that the building will be staffed 24/7, but won't meet the nursing home criteria of "skilled nursing" care. Commissioner Morgan asked about other properties the developers are working on. Ms. Bridgeman replied that they are working on properties in West St. Paul, St. Cloud, Ramsey, Duluth and Mankato and that they are committed to this model and this need. She pointed out that this facility will be the first one of its type in Hennepin County. The state's nursing home moratorium was discussed. Chair Christensen asked about the location of the rain gardens. Matt Pavek, Civil Engineer with Civil Site Group (consultants for SCA Properties), stated that there would be two rain gardens, one in the front and one in back. Chair Christensen asked if this would be in accordance with the Brooklyn Boulevard Corridor Study. Mr. Eitel confirmed that the City has adopted a policy that the first two inches of rain needs to be held on site and infiltrated. The front garden will be decorative and the back one will have a natural look. Chair Christensen stated that in his experience rain gardens can be done badly. He is urging caution and hopes staff will work with the developer. Chair Christensen also stated his concern PC Minutes 01-14-16 -4- DRAFT about pushing the fence closer to the homes and then blocking access to get to the park. He feels that people will cut through the residents' backyards. Mr. Eitel stated that property owners would like to see a chain link fence to eliminate the tagging (graffiti) on fencing, similar to what occurred on the old dealership screening wall that has since been removed. He stated that something else could be considered but the PUD would need to be changed. Chair Christensen stated that human nature would have people use the shortest path. Mr. Eitel stated he doesn't know how much traffic there is to the park and the issue may have to be addressed in the future. He stated that neighbors were in favor of the fencing placement. Chair Christensen stated his concern about boxing in next to the park so that people can't get in. Chair Christensen stated his concern regarding the reduced setback and asked if the two single family properties will be part of the park as part of the long term plan. Mr. Benetti replied that the City hopes to eventually own the property surrounding the site and the setback issue will become a moot point in the future. He stated the property owners have not voiced objections to the plan up to this point. Mr. Eitel talked about the lot depth and stated they won't take down mature trees on the back part of the properties. Chair Christensen stated that he wants his objection to the setback for the PUD being under what the code requires for a setback on a building to be noted. He stated that he does, however, understand the long-term plan. Commissioner Schonning stated his concern regarding putting a driveway back on Brooklyn Boulevard and stated that he understands that for traffic flow issues it is probably an important asset. He asked how the parking compares to Maranatha. Staff replied that Maranatha has approximately 120 parking spots and this plan has approximately 90 spots. Maranatha has more employees and more residents have cars. Commissioner Schonning talked about his experience with his mother and how inadequate parking becomes an issue. Ms. Bridgeman stated that they anticipate a partnership with the church and the first shift will require the largest amount of parking. She stated that there might an opportunity to partner with whatever comes in across the street. Mr. Eitel stated that he has suggested that the City hold the property to the south until it understands the parking issues. PC Minutes 01-14-16 -5- DRAFT Commissioner Schonning stated that he is thrilled with the plan and it is exactly what he hoped for when Mr. Eitel first presented the idea. He feels it is a great looking facility that meets the needs of low income people. Commissioner Morgan asked about the financing structure. Ms. Bridgeman replied that this is a tax credit bond finance project and further explained the structure. Commissioner Morgan asked if it is Section 42 funding. Ms. Bridgeman answered affirmatively. OPEN TO PUBLIC COMMENTS - APPLICATION NO. 2016-001 Chair Christensen recognized residents in the audience who wished to speak on this matter. There was a motion by Commissioner MacMillan, seconded by Commissioner Morgan, to open the public hearing on Application No. 2016-001 at 8:27 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. Commissioner Morgan asked what incentives there were for Section 42 investors. Ms. Bridgeman stated that investors are prepaying their taxes, for 10 years; they gain the ability to direct their taxes and generally pay less than dollar for dollar. She also stated that the building will have a heavily compliant oversite and that should address the rain garden issue. Commissioner Morgan talked about the success of Section 42 funding. MOTION TO CLOSE PUBLIC COMMENTS (HEARING) There was a motion by Commissioner Morgan, seconded by Commissioner Schonning, to close the public hearing on Application No. 2016-001. The motion passed. Chair Christensen called for questions and comments from Commissioners. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2016-01 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2016-001 SUBMITTED BY SCA PROPERTIES. There was a motion by Commissioner Sweeney, seconded by Commissioner Koenig, to approve Planning Commission Resolution No. 2016-0 1. Voting in favor: Chair Christensen, Commissioners Koenig, MacMillan, Morgan, Schonning, Sweeney, and Tade. PC Minutes 01-14-16 -6- DRAFT And the following voted against the same: None The motion passed unanimously. The Council will consider the application at its January 25, 2016 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. IP._ ) F [SIIIfI (Ski N N None I R._13 IMS1SJt4ktOfl There was a motion by Commissioner Morgan, seconded by Commissioner Sweeney, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:35 p.m. Chair PC Minutes 01-14-16 -7- DRAFT Planning Application No. 2016-001 City Council Meeting January 25, 2016 AmendmenttotheoriginalPlannedUnitDevelopment  ofthe\[former\]BrookdaleChrysler-Plymouth Dealershipproperty,alongwithaSiteandBuildingPlan foranewseniorhousingproject. PUDAmendmentseekstorescindexclusionary  languageofmotorvehiclesalesandrelatedauto activitiesonlots;providefortheallowanceofan affordableassistedlivingfacilityforseniors;and allowanceofreducedsetbacks. SiteSiteAreaArea==44..4848acresacres  FormerFormersitesiteofofthethe  BrookdaleBrookdaleChryslerChrysler-- PlymouthPlymouth(Cars(Carswithwith Heart/CarsHeart/CarsforforCourageCourage dealerships)dealerships) PropertyPropertyhashasbeenbeen  completelycompletelyclearedclearedofof allallbuildingsbuildings Current Zoning: Current Zoning: PUD/CPUD/C--2 (Planned Unit 2 (Planned Unit Development/CommerceDevelopment/Commerce NorthNorth::C2 (Commerce)C2 (Commerce) EastEast::R1 R1 OneOne--Family / C1 ServiceFamily / C1 Service--OfficeOffice SouthSouth::R1 One Family R1 One Family / PUD/ PUD--C2C2 WestWest::R1 and R2 Two FamilyR1 and R2 Two Family Subject site approved as dealership in 1962 (William Bartram -owner).  Original PUD approved September 28, 1998 -provided:  rezoning of site from C-2 (Commerce) and C-1 (Service/Office) to PUD/C-2  main parcel only used for “motor vehicle sales, leasing, service and sale of  vehicle parts.” Bartram sells dealership to Luther Companies; later closed/relocated .  2009 -Kagel Group acquires site -opens Cars with Heart/Cars -4-Courage.  April 2014 -City’s EDA completes purchase of site for $1.5 million; and  smaller display lot (south) for $150,000 from Luther Co. ProjectProjectincludesincludesaa11--storystorywingwingandand44--storystoryresidentialresidentialstructurestructure--158158unitsunits 130130unitsunitsreservedreservedforfor“general“generalassistedassistedliving”living”residentsresidents •• 2828unitsunitsreservedreservedforfor“higher“higheracuity”acuity”residentsresidents •• Readjusted this Readjusted this Access PointAccess Point Added New Shared) Added New Shared) Access PointAccess Point StaffStaffwisheswishestotoreinforcereinforcethatthatanyanyapprovalapprovalofofthisthissitesiteisisdependentdependentononthethewaterwaterandand sanitarysanitarysewersewersystemsystemcapacitycapacityevaluationsevaluations(currently(currentlybeingbeingstudiedstudiedbybycitycityconsultantsconsultants)).. AllnewdevelopmentsmustcomplywiththeCity’s“Landscape  PointSystem”policy 4.48acresiterequiresatotalof366landscapepoints(basedon  multiplefamilyresidentialuses) plancallsfor53deciduoustrees;27decorative/ornamentaltrees;  45coniferoustrees;and150shrubs;plus1,025perennials Pointtotalcalculatedequatesto915.5points  PlanningCommissionrecommend8-ft.opaquescreenfence  alongwestline;4-ft.highchainlinkedfencealongsouthline EXTERIOR FINISHESEXTERIOR FINISHES Boulder Creek StonesBoulder Creek Stones •• Stone SillsStone Sills •• Brick (varying colors)Brick (varying colors) •• Arch. Grade ShinglesArch. Grade Shingles •• Aluminum BandingsAluminum Bandings •• CFB Lap Siding (varying colors)CFB Lap Siding (varying colors) •• Shakes (varying colors)Shakes (varying colors) •• EXTERIOR FINISHESEXTERIOR FINISHES Boulder Creek StonesBoulder Creek Stones •• Stone SillsStone Sills •• Brick (varying colors)Brick (varying colors) •• Arch. Grade ShinglesArch. Grade Shingles •• Aluminum BandingsAluminum Bandings •• CFB Lap Siding (varying colors)CFB Lap Siding (varying colors) •• Shakes (varying colors)Shakes (varying colors) •• FIRST FLOORFIRST FLOOR Main Entry (Porte Cochere)Main Entry (Porte Cochere)  22--Story LobbyStory Lobby  Large Dining Hall Large Dining Hall  Mail CaféMail Café  Family LoungeFamily Lounge  AcuityAcuity--Care wing Care wing  Assisted Living UnitsAssisted Living Units  Offices/Service AreasOffices/Service Areas  SECOND FLOORSECOND FLOOR Fitness RoomFitness Room  Community RoomCommunity Room  LibraryLibrary  Creative Arts/Crafts RoomCreative Arts/Crafts Room  Nursing/Exam RoomNursing/Exam Room  TheatreTheatre  Assisted Living UnitsAssisted Living Units  THIRD FLOORTHIRD FLOOR Spa/BoutiqueSpa/Boutique  SalonSalon  Assisted Living AreasAssisted Living Areas  The Sanctuary at Brooklyn Center Market Over 8,200 people in the market area over the age of 75  Over 2,300 with at least 1 individual over the age of 75 years+ with incomes less  than $25,000 6,610 individuals over age 65 years with at least one disability  Profile of Typical Resident Over the age of 80 years  Single/widowed and predominantly female  Most have annual incomes between $10,000 -$25,000 and qualify for Medicaid  Some have recently sold their single family home and/or have a small bank account  Spend down of assets, if any, is fairly quick and generally within 3-4 months  Unable to drive and limited cooking  Typical resident has 2-3 Activities of Daily Living (ADL) needs  Most significant ADL is medication management followed by toileting/bathing  Residents age in place with regular increases in ADL Plans  ADL plans are assessed every 90 days or more frequently if necessary  Annual turnover is 50%  Length of stay ranges from 1 year to 3 years  AsforthisProject,thePlanningCommissiondetermined: TheProjectmeetsthegeneraldefinitions/standardsofapermittednursingcare  homeandmaybeconsideredanallowableorpermitteduseunderthe“Other usessimilarinnature”standardprovidedforunderSect.35-322district standards; providesidealopportunityforredevelopmentofatargetedareaforthe  community’sseniorresidentialandhealthcaresector; eliminates/replacesfunctionallyobsolescent&deterioratingcommercialarea;  demonstrateaclearandpublicneedorbenefittothecommunityandregional  area,asitwillimprovetheappearanceofthecityandenhancethequalityof life,propertyvaluesandcivicprideinthisneighborhoodarea; willfacilitatetheredevelopmentplansofthissite,andiscompatiblewiththe  goals/objectives/policiesofthe2030Comp.Planandlanduseplan. willenhanceandstrengthenCityCenter’seconomicviabilityandstatusinthe  regionalmarketplace; providesidealopportunityforadditional(andaffordable)seniorhousing  options; willnotbeinjurioustotheuseandenjoymentofotherusesinandaroundthis  area;and willnotimpedethenormalorderlydevelopmentandproposedimprovements  ofthisareaorthoseprojectedalongtheBrooklynBoulevardCorridor. Proposedlayoutofthisnewseniorhousingdevelopment,includingthenew  buildings,siteimprovements,walkways,andtrails,includingreducedsetbacks andanyotherrelatedflexibilityorreductionsidentifiedwithintheseSiteand BuildingPlansareacceptable;andthegeneralassistedlivingfacility,with acuitycareunitsforseniorresidents,isanacceptableuseunderthisPUD/C-2 district January6,2016-DeveloperheldainformationalmeetingatWest  FireStation. January14,2016-PlanningCommissionconsideredthisitem  underofficialpublichearing,withnocommentsfromthepublic. PlanningCommissionadoptedPCRes.No.2016-01,which  providesfavorableandunanimousrecommendationtoapprove thisPUDAmendmentandSiteandBuildingPlanofThe SanctuaryofBrooklynCenter,withconditions. RecommendtheCityCounciladoptstheResolutionRegarding  theDispositionofPlanningCommissionApplicationNo.2016- 001,submittedbySCAProperties,LLCrequestingapprovalofa PlannedUnitDevelopmentAmendmentandSiteandBuilding (Development)PlanapprovalforTheSanctuaryofBrooklyn Center,the158-unitSeniorAssistedLivingHousingProject,for thepropertylocatedat6121BrooklynBoulevard QUESTIONS??? Developerisallowedtoamendthe1998PlannedUnitDevelopmentofthe 1) BrookdaleChrysler-PlymouthDealershipbyredevelopingthesubjectsite consistentwiththeproposedSiteandBuildingPlanknownasthe “SanctuaryofBrooklynCenterSeniorLiving”,whichshallserveasthenew (andapproved)DevelopmentPlantothisamendedPUD. Nootherallowances,modificationsorchangesthatmaynotbeillustrated 2) orindicatedonthesubmitted“SanctuaryofBrooklynCenter”plan,dated 12/11/15shallbecomprehendedorpermittedunderthisSiteandBuilding Planapprovals,unlessspecificallyrequestedbytheDeveloperand approvedbytheCityCouncil. Developermustinstallandshowonthefinalplansanew8-foothigh 3) screeningfencealongthewestandsouthpropertylinestoscreenthesingle familyresidentialuses. Developermustobtainabuildingpermitandadheretoallrequirements 4) priortobeginninganyremovals,demolition,landdisturbancework,ornew constructionofparking,utilitiesorbuildings. Developer/Applicant agrees to comply with all conditions or provisions 5) noted in the City Engineer’s Review memo, dated January 7, 2016. The building plans are subject to review and approval by the Building Official 6) with respect to applicable codes prior to the issuance of permits. Final grading, drainage, utility and erosion control plans and any other site 7) engineering elated issues are subject to review and approval by the City Engineer prior to the issuance of permits. Any outside trash disposal facilities and roof top or on-ground mechanical 8) equipment shall be appropriately screened from view. An underground irrigation system shall be installed in all landscaped areas to 9) facilitate site maintenance. This PUD Amendment and Site Plan approvals are exclusive of all final signs 10) on this site, which shall remain subject to Chapter 34 of the city ordinances must be approved under separate Sign Permits. Appropriate erosion and sediment control devices shall be provided on site 11) 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. Any major changes or modifications made to this PUD Development/Site 12) and Building Plan can only be made by an amendment to this PUD, which shall include an updated Development/Site Plan if necessary. The Developer must meet requirements from Hennepin County’s review. 13) The Developer shall provide Hennepin County with a minimum 17’ of 14) additional road easement including an additional 7’ by 60’ triangular easement in northeast corner of property. The Developer shall submit an as built survey of the property, 15) improvements and utility service lines prior to release of the performance guarantee. City Council Agenda Item No. 10 COUNC]IIL I[TEM MEMORANDUM DATE: January 25, 2016 TO: Curt Boganey, City Manager FROM: Sharon Iutson, City Clerk aaw Klr^^ SUBJECT: Type IV 6-Month Provisional Rental License for 6000 Bryant Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan and issuance of a Type IV 6-Month Provisional Rental License for 6000 Bryant Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for anew rental license. This is a single family property. This property qualifies for a Type IV Rental License based on ten (10) property code violations found during the initial rental license inspection. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 06-02-2015 The Owner, Shirzad Raimi, applied for an initial rental dwelling license for 6000 Bryant Ave N, a single family property. 06-30-2015 An initial rental license inspection was conducted. 10 property code violations were cited, see attached rental criteria. 08-06-2015 A second inspection was conducted and passed. 11-02-2015 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. Jt1issioiz: Eiisiiiing an attractive, clean, safe, inclusive community that enh ances the quality of life ,for all people and preserves (lie public (just [ES1BJIJ I I N ahY4 LA I ak"4 0) 1WJ SJh'A1 11-23-2015 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 01-06-2016 A Mitigation Plan was submitted. 01-11-2016 The Mitigation Plan was finalized. 01-15-2016 A letter was sent to the owner notifying that the hearing before the Council will be held January 25, 2016. If approved, after six months, a new rental license is required. The license process will begin in approximately four months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust [EI1SJ[iJ I flU U MY1 UYA I ak"A [I) 1I I1BJ I and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust 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 Onl y) _________ 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 518B.01, Subd. 2 (a). Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust i1sJ(iJ I V N Dk4 Uh'A I iIA (I) )1uJ,1 License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 o more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: Enhanced Community Image Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for a!! people and preserves the public trust 6000 Brynt Ave HBrooklyn Center MN 55430 Rim& Construtian 400 Lake Road. Suite 501 Robbirid1e MN 65422 (952) 71)7.-9999 thfrzdraimtgma1icom - Based on property conditions andkr validated police nuisance incidents, the above referenced property qualifies for a Type IV-6 Month Rental License Prior to applica on approval by the City Council a fully completed Mitigation Plan must be completed and approv d by City staff. A Mitigation Plan must be completed immediately in order to ensure timely ompletiOfl of the license application process The Mitigation Plan should indicate the steps being taken to correct identified violations and the measures that wIll be taken to ensure ongoing complie nce with City Ordinances and applicable codes A Mitigation Plan 'allows the owner and .the City t review concerns and identify possible solutions to improve overall conditions of the property. I f the Mitigation Plan is not submitted, and all items are not completed within the pending license pet lcd, or the above property operates, beyond the license expiration date, enforcement actions such a citation, formal complaint, or license review may result Before subn iftingfi1tout8ectionsA B 1 and C located on p igcs2, 3,4and5. V6 Type Wntal W6096on PIII kø 4.14-15 City of Botkiyik C —Bii1diiig and Con Pepathtent iwAv.dtyofbrwkIyncenter.org 6201 ShiNle Creok Parkway. Brooklyn Center, MN 55430-NN I Phone.- I TTY.-711 I Fax (763) 56633&) XBR EUILING AND COI %N Brooklyn CenWr MN 5545 - Re Q;tj I1 I1 License Mitigation Plan Type IV License Phase IE 1) Use a written lease agreement. The tease agreement shall ir dude the Crime Free Housing Lease Addendum, A copy of the lease agreemew and Crime Free Housing Lease Addendum must be attached to the Mitigation Plai when submitted. 2) Agree to pursue the termination or lease agreement or evicLin of tenants who violate the terms of the lease or any addendums, I J 3) Conduct criminal background check for all new prospective tE nants. If it is a current tenant a new background check is not required. Must be ab? to provide documentation to City If requested. [ 4) Attend a City approved eight-hour Crime Free Housing trainir g course Information for approved courses can be found wwpanet under thel Trainini a nd Eve,ts tab. A copy of the Crime Free Housing Certificate must be aftoiled to the Mitigation Plan when submitted, t Crime Free Housing training was completed on/is schedu14 for: Owner or agent attended/is planning to attend training at citi of -- 5) Submit Monthly Update by the 1 O th day of each month. Phase if 1) Complete a Security Assessment and implement improvernai Brooklyn Center Police Department. To schedule an initial ci Assessment, call (763) 6804344. A follow-up assessment before the license expiration date to verify the security imp impleniented. If a Security Assessment has been previously completion date. requested by the low-up Security .istbe completed ements have been nrileted. write the Security Assessment was completed eMs scheduled for; Security Assessment follow-up was completed on/is sche Continue Sections A, Phase ill on page 3. Pg 2/ Typo1VPot! Cityaf center—ButtIng and Crnuutty $tzduDtmet 6501 ShIngto Creah Parkway, Brooklyn Center, MN 40-219 Phone, ('7) 53-3O ed for XtAJ/ ens.h0gallon P!t?. Iw. 444$ Ityothk1ynenr.rg TTV711 (763) 56-35o BUILDING AND CO TY STANDARDS 6000 Bryant Ave NBE.0)KLYW N 55430 RenLi License Mitigation Plan Type IV License Phase Ill E?1 1) Owner or agent will attend at minimum 50% (2) of the A.R.M meetings, The A.R.M meetings must be completed within the rental license poi lod and before the pending Type iv License expiration date. Registration is not required, however you must sign-in during the meeting. Write two meeting thtas anwrier or agent plan to attend. r Owner or agent will attend A.R.M.meetings scheduled . 15 J 2) Have no repeat code violations previously documented with 4e past year. The following actions are required for properties with four or moi e units. F 1) conduct resident training annually that includes crime preven ion techniques. fl 2) Conduct regLilar resident meetings Page 'ie fVRentali ota MiUgaffoftPiai 1LI1 44445 City of Brooldyn Center—Building and Community standards Pepaxtment wwNcIbryer.rg 63 01 Shingle Creek Parkway, Eirooklyn Cntr, MW 5430-2199 1 Piin (76) 3-333O I M:7111 I Fax: (763) 56-3360 BUILDING AND COMMUWTY STANDARDS *BR: OKLYN erookyCntrMN 55430 1 RentalLicense Mitigation PlanCENTER Type LV License Based on condition and age, estimated replacement dates need to be pr4vided for common capita! items. Funding should be considered accordingly. Items that are broken 4 worn, or otherwise in violation prior to the estimated replacement date need to be replaced sooner. All Items must have a date for Estimated Replacement Date. Dates such as: "unsure", "don't know" or "when broken" will not be accepted. If you are unsure of when an item will nd to be replaced, you can make a prediction based on the age, appearance, condition, or man ufactire/industry recommendations. Additional Information on Expected Useful Life can b4 found at www.hud.ov. lteiri Date Last Replaced Condition* Fxected Replacement Date Eartp' Wnter Hc' r My 2010 F y202 Furnace UflkWWfl G H Jun 2015 Water Heater May2015 Jun ,2023 Kitchen Appliances June 2015 N H Juro 12025 LaundryAppltances Mey2015 N H Ju r 2025 Smoke. Alarms! Carbon Monoxide Alarms Juno 2015 N H June 2030 Exterior Items Paint/Siding M2y 2015 N H Junj 2025 Windows May 2013 G j Ma 2035 Roof June 2015 N El Jurii i 2030 Fence no fflG Shed noshed Garage New Roof 0512015 N [ June 2030 Driveway May 2010 !L....0 .Jurw 12030 Sidewalks Other;______ nditlon AhbrevieUcrs: NewN Good--G Fair--F Page 4J5 TyptVRetiIã1 City of odyn Cette-.building and Community SEazdatd Departinnt 6301 Shiai1e Creek Parkway, e4lyn Center, MN $5430-2199 1 Phone; (763) 5630 1 Heeds ReplacementR ceise Migaio,rPIfl, Ret'. 4-1446 vdoibrokIynceffler.org 711 1 Fac (70) $694360 BRO EYN Brooklyn Center MN BWOMT]BRCCENTER 'J*J License Mitigation Plan Type IV License The items in this section have been proven to assist with property m The following actions are required: 1) Check-In with tenants every 30-days. [] 2) Drive by property to check for possible code violations. f?J 3) Evict tenants in violation of the lease or any addendums. [] 4) Remain current on all utility fees, taxes, assessments, fines, financial claims/payments due to the City.E1 5) The following actions are optiurl unless required by the City. fl 1) Provide lawnfsnow service. Jj 2) Provide garbage service. 3) Install secu1tySystem.J 4) Provide maintenance service plan for appliances. Name of service company.u 5) Other: It the Type IV-6 Month Rental License Is approved by the City Council, with the approved Mitigation Plan and all applicable City Codas. A wril submitted bythe 1O' dayof each month with an update of actions and/or agent to comply with this Mitigation Pian A copy of the Mor page 7. A tHiabte form can be found on the City's website at www.cltyo (763) 569-3330 to have an electronic copy sent to you via email and property image. and other licensee must comply i report must he :Ing taken by the owner y Update can be found on oklyncenter.org or call Please attach additional information if in Page 5f Type Ivnerear se MigaUbn Pteii, Rev. 44445 City of Erooldp Center-.-ull&ng az4 Crnmuii1ty, $tatdads Dipniext v.dbkIener.crg 6301 Shingle Cc*ek Parkway, eroQkll#rl Cerler, ION 5543021 Phone- (763)661-23W I TTY- 711 1 Fax:(763) $59-3360 BUILDING .ND C t11J;1;iJ 6000 Bryant Ave N EMTER Brooklyin License Mitigation Plan Type IV License I verify that all Information provided is true and accurate. I understand t approved Mitigation Plan, comply with all items within the License period, license expiration date, enforcement actions such s citations, formal cc may result. Rairn1 COn wtionl Shirzad Riml (Owner) OwnerrrAgen: fltarne and T419 jrt0a9&Fjnf) OwtrA99flt Signature if I do not comply with the r apernte beyond the plaints, or license review 0 / Stephanie Farrera (Pmpert Manager) AdWtiórat 0wnerorAen1 Name and 77 (!Mppliceb!e, Please Pthit) - OrAgeni Signature (JMppliab!) Da / City staff only X-,X,e-J/4;o L6 Police Department Oat6 r 4LA44 41a q,111 I"in,;ts Daparinent Fage 6i Type IVReiU kne Mtl,qaUan Pion, Rev, 4-144 City ofDoody Cøte—Biilng and Commumity SWIduas Dpaxtmnt I ww.ofbroottjnceMer,og 6301 Shingle Creek Parkway, VrooWyn Center. MN 543-2199 I Phere: (7S3) 564330 l TTY 711 1 Fax (78) 569-5560 City Council Agenda Item No. lOa #1 City Council Agenda Item No. lOa #2 COUNCIL ITEM MEMORANDUM DATE: January 25, 2016 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk If4w *Ut* SUBJECT: Type IV 6-Month Provisional Rental License for 5301 Russell 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 5301 Russell 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 2 building, 36-unit multifamily property. The previous rental license was a Type III Rental License. This property qualifies for a Type IV Rental License based on one hundred and thirty eight (3.83/unit) property code violations found during the initial rental license inspection and five (5) 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: 06-30-2015 The Owner, Nedzad Ceric, applied for renewal of the rental dwelling license for 5301 Russell Ave N, a 2 building, 36-unit multifamily property. 06-30-2015 The previous rental license expired. 07-23-2015 An initial rental license inspection was conducted. 138 (3.83/unit) property code violations were cited, see attached rental criteria. 10-13-2015 A second rental inspection was conducted and failed. 11-02-2015 A $300 Administrative Citation was issued for renting without a license. Mission: Ensuring an attractive, clean, safe, inclusive conhinunhty that enhances the quality of life for all people and preserves iii e public trust riisisirii i . i ai o iwi asi i 11-04-2015 A Mitigation Plan was submitted by owner prior to receiving letter notification from City. 11-09-2015 The Mitigation Plan was finalized prior to official letter notification. 11-12-2015 A third inspection was conducted and failed. 12-01-2015 A fourth inspection was conducted and corrections complete. Reinspection fees consist of $1,550 and still owed. 12-11-2015 The $1,550 in reinspection fees was paid. 12-15-2015 License passed with weather deferred items. 12-30-2015 City records indicate five (0.14/unit) validated police nuisance incidents occurred in the past twelve months. 01-10-2015, disturbing peace, 02-24-2015, theft from auto, 03-28-2015, auto theft, 04-12-2015, robbery, 11-19-2015, disturbing peace. 12-30-2015 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 01-15-2016 A letter was sent to the owner notifying that the hearing before the Council will be held January 25, 2016. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [i[I1UJ[iJ I fl I I 3k'4 VA I Mh'A (IS) 1I )1Pk'A I Manager's designee as to the disposition thereof. After giving the applicant an • opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 0308-10 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 attractive, clean, safe, inclusive community that enhances the quality of life for allpeople and preserves (lie public trust NOUN to I 1N010 a.Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type l-3Year 1-2 units 0-1 3+ units 0-0.75 Type 11-2 Year 1-2 units Greater than I but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b.Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 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 attractive, clean, safe, inclusive community that enhances the quality of ilfe for all people and preserves the public trust i[I1IJ(iJ I fl V N DkVA U3 I D1VA (I) 1I I1lk'AJ License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: o Enhanced Community Image Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Property Address: 53 Russell ave N Brtioklyn Center Owner's Name(s): Ndzad Ceric Local Agent(s); Owner's Address: 1304 7th vàAnoka ON Agent's Address: Owner's Phone: (612)US-3198 Agent's Phone: Owner's Email: cerio,nermina@yahoocom Agent's Email: current Expiration Date: eoJi J} Pending Expi ra tion Date", 12/31/2015 } -Z L/ (Sc manth r. vurrent expallor Based on propofy conditions and/or validated police nuisance incidents, the above referenced property qualifies for a Type IV-6 Month Rental License Prior to application approval by the City Council a fully completed Mitigation Plan must be completed and approved by City staff. A Mitigation Plan must be completed immediately in order to ensure timely completion of the license application process. The Mitigtion Plan should indicate the steps being taken to correct identified violations and the measures that will be taken to ensure ongoing compliance with City Ordinances and applicable codes. A Mitigation Plan allows the owner and the city to review concerns and identify possible solutions to improve overall conditions of the property. If the Mitigation Plan is not submitted, and all items are not completed within the pending license period or the above property ^bpdr4tes beyond the license expiration date, enforcement actions such as citation, formal complaint, or license review may result. Before submitting, fill-out Sections A B, and C located on pages 2, 3, 4 nd S. Page 11e3 Typø IV Rthtif Ucàr?s A4igflon Pkin Rov 4-14-5 City o f Eok1ya Center— ilcUi and Conuxiiiy Staadaxdu Ueaxtment 63011 Shin g le Creek Pksy, Brooklyn Center MN 55430-2195 1 FiiOre; (T63) 563-330 1T(; 711 I F (75.3)509 -3350 BUILDING AND COMMUNITY STANDARDSXBRCC^I ULYN 15505 Russell eve N Brooklyn Center Rental License Mitigation Plan Type IV License Sections A-=Dime Free Housing Program Requirements Phase I FV ] 1) Use a written lease agreement. The lease agreement shall Include the Crime Free Housing Lease Addendum. A copy of the lease agreement and Crime Free Housing Lease Addendum must be attached to the Mitigation Plan when submitted. 2)Agree to pursue the termination or lease agreement or eviction of tenants who violate the terms of the lease or any addendums. 3)Conduct criminal background chock for all new prospective tenants. If it is a current tenant a new background check is not required. Must be able to provide documentation to City if requested. 4) Attend a City approved eight-hour Crime Free Housing training course. Information for approved courses can be found at www.nincpa.net under the Training and Events tab. A copy of the Crime Free Housing Certificate must be attached to the Mitigation Plan when submitted. Crime Free Housing training was completed on/is scheduled for: Owner or agent attendecJiis planning to attend training at city of: i::i 5) Submit Monthly Update by the 10th day of each month. Phase U j 1) Complete a Security Assessment and implement improvements requested by the Brooklyn Center Police Department To schedule an initial or follow-up Security Assessment, call (763) 5693344. A follow-up assessment must be completed before the license expiration date to verify the security improvements have been implemented. If a SecurIty Assessment has been previously completed, write the completion date. Security Assessment was completed on/is scheduled torYi/iifo ii Security AssessmentAssessment follow-up was completed on/is scheduled for: Continue Sections A, Phase Ill on page 3. Page 2/ - - Type VRen1aFLense Mit g&kin Plan, Rev, 4-14-15 City of Bro5hIy1 Conto r—Suilding at miuxft Standar ds Department %wAvroQkIyncer1er.rg 6301 shin gle Creek Parkway. Brooklyn Center, MN 43-2199 1 Phone: (753) 563-3330 1 TTY: 711 I Fe (753) 569-3360 BUILDING AND COMMUNITY STANDARDS C! 5301-5305 Russell ave N Brooklyn Center CENTER Rental License Mitigation Plan - - Type IV License Sections A=-C rime Free Housing Program Requirements (continued) Phase III 1) Owner or agent will attend at minimum 50% (2) of the A.R.M. meetings The A.R.M. meetings must be completed within the rental license period and before the pending Type IV License expiration date. Registration is not required, however you must sign-In during the meeting. Write two meeting dates an owner or agent plan to attend. Owner or agent will attend A.R.M. meetings scheduled on: and Ifl 4116 FV] 2) Have no repeat code violations previously documented with the past year. The following actions are required for properties with four (4) or more units. 1) Conduct resident training annually that includes crime prevention techniques. jJ 2) Conduct regular resident meetings. Page 316 Type IVRwjI Uce nso Millg1kii Pan tev, 44445 (Uy of 13rooi1yn Cono—Bui1d1tg and Community Waindards Department 6301 Shingle Creek Parkway Brooklyn Cter, MN 513-2i 69 I Phone (763)563-3330 1 TTY: 111 I Fax; (763) 566336O BUILDING AND COMMUNITY STANDARDS -5301-5305 Russell ave N Brooklyn CenterBIMLYN PCCENTER Rental License Mitigation Plan -- Type lVLicense Sections B—Long Term Capital Improvement Plan Based on condition and age, esUmated replacement dates need to be provided for common capital items. Funding should be considered accordingly. Items that are broken, worn, or otherwise in Violation prior to the estimated replacement date need to be replaced sooner. All items must have a date For Esffmated Replacement Date, Dates such as: "unsure", "don't know", or "when broken" will not be accepted If you are unsure of when an item will need to be replaced, you can make a prediction based on the age, appearance, condition, or manufacture/Industry recommendations. Additional infomiatton on Expected Useful Life can be found at www.hudgov. Item Date Last Replaced Example: Water Heater May2010 Furnace don't know Water Heater 101112014 Kitchen Appliances 111P2012-present Laundry Appliances rental Smoke Alarms! Carbon Monoxide Alarms 2015 Exterior Items PainliSiding 212 Windows 2010-present Roof 2004 Fence 2000 Shed Garage Driveway Sidewalks Other: parking seall lin e s iia landscaping 2004 Condition Abbreviations: New--N ood=G Condition* Expected Replacement Date F May 2020 F El 2020 ° Fl 2020cE1 F 2018 EJ El 2018 El 2020 G Fl 2034 RH !21! 1V4 -,A r I—I IF 2i4' —.>T rri,i, F El 2016 C ç2AW -D F El 2016 R El 2016 Fair--F Needs Replacement=R Pane 41 Typo IV Rental License ti (iQrt Plan, Roy, 44445 City of 0--1-klyn -C,enfeilthig awt (anty Standards Dparinnt wwvityetbroeklyncenteror 6301 Shingle Creek Frkway, emoklyi Center, MN 55430.2199 1 P]icao:(763) 563-3330 I TTY; 711 I Fax: (763)5-3360 The following actions are required: 1) Check-in with tenants every SO-days. fj 2) Drive by property to check for possible code violations. 3)Evict tenants in violation of the lease or any addendurns. 4)Remain current on all utility fees, taxes, assessments, fines, penalties, and other financial claims/payments due to the City. D 5) Other: The following actions are optional unless required by the City. 1) Provide lawn/snow service.J 2) Provide garbage service. 3)Install security system. 4)Provide maintenance service plan for apptiances Name of service company: Appinc 1 E111 5) If the Type IV-6 Month Rental License is approved by the City Council, the licensee must comply with the approved Mitigation Plan and all applicable City Codes. A written report must be submitted by the 1O day of each month with an update of actions being taken by the owner and/or agent to comply with this Mitigation Plan. A copy of the Monthly Update can be found on page 7. A fillable form can be found on the City's website at www.cityofbrooklyrtcenter.org or call (763) 569-3330 to have an electronic copy sent to you via email. Please attach additional information if necessary. Page $16 Typo 1VRonoJLk'nso MUgion PIoi Rev, 4-14.15 City of xoe1c1y C uilcUnj ai4 tmuty Standards Department vvAvokyncentcrMr 6301 Shingle Creek Parkway, Brooklyn Center MN 55430-2199 1 Phone: (755) S5436 I TP(; 711 1 Fax-.(763)569-3360 BUILD IN G AND COMMUNITY STANDARDS BRC 5301-5305 Russell ave N Brooklyn Center j Rental License Mitigation Plan CENTER Type LV License Sign and Verify I verify that all information provided is true and accurate. I understand that if I do not comply with the approved Mitigation Plan, comply with all items within the license period, or operate beyond the license expiration date, enforcement actions such as citations, formal complaints, or license review may result. Nedzad Ceric Owner erA gent Name and Title (Please Prinl) / $ 11/3/2015 Own er DrAgent Wgnawre Dale Additional Owner or Agent Name and Title (ifAppileebla Please Print) Additional OwnerorAgent S!gnatmre (If Applicable) Date City Staff Only /Iø), (1t ___ Police Department Del 4ding Department Dale Page & - Type IV Rental Ucerise Mitigation Pian 4-15, Rev. - City cif flrioidy Cete —uit.l e CQmmuaity Standards Department w\WicklO!b(OOkiynctr.ora 5O1 Shin Cre parlçwey, eroeklyn Centei. MF 5543O2I 99 I Phone: (753)5r>3-3W 1 TiY 711 I FC) (T3) O9-65 City Council Agenda Item No. lOa #3 COUNC]IL I{TEM MEMORANDUM DATE: January 25, 2016 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk LMYl SUBJECT: Type IV 6-Month Provisional Rental License for 5418 70th Cir 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 5418 70 t" 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 eighteen (18) property code violations found during the initial rental license inspection and zero (0) validated police nuisance incidents for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 06-15-2015 The Owner, Cel Monton, LLC, applied for renewal of the rental dwelling license for 5418 70th Cir, a single family dwelling. 07-06-2015 An initial rental license inspection was conducted. 18 property code violations were cited, see attached rental criteria. 08-06-2015 A second rental inspection was not conducted as the tenant denied access concerning owner did not notify tenant. A $100 reinspection fee was charged to the property. 08-20-2015 A third rental inspection was not conducted as the tenant denied access once again. A $100 reinpsection fee was charged to the property. 08-31-2015 The previous rental license expired. frlission: Ensuring an attractive, clean, safe, inclusive community that enhances the qualify of life for all people aiidpreseri'es the public trust [I1I]JJ[IJ I fl I I DIT4 U I Dk'4 0) 1II I1Sk'kI 09-01-2015 The property was posted as unlicensed. 09-08-2015 A fourth inspection was conducted and failed, corrections not complete. A $100 reinspection fee was charged to the property. 09-22-2015 The property was re-posted as unlicensed rental property. Property was vacant and property management allowed access. A fifth inspection was conducted and failed, corrections not complete. A $100 reinspection fee was charged to the property. 10-01-2015 A $300 Administrative Citation was issued for renting without a license. 10-12-2015 A sixth inspection was conducted and passed. Reinspection fees still owed. 10-23-2015 The $100 reinspection fee was paid. 11-02-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 11-02-2015 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. 11-23-2015 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 11-24-2015 The owner met with staff to discuss the reinspection fees. The owner stated that he had changed property management companies and was not aware that the property code violations were not corrected. Upon hiring a new property management company the property code violations were completed. The reinspection fees were changed to a total of $300. The remaining $200 in reinspection fees was paid. 12-01-2015 A Mitigation Plan was submitted. 12-03-2015 The Mitigation Plan was finalized. 01-15-2016 A letter was sent to the owner notifying that the hearing before the Council will be held January 25, 2016. 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. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust [EIik[SJ I fl U U aIYA U I 3 0) t1WI Wk'A I 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5.Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. 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. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust IBJ(IJ I U M I I a 0) UI IJI 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 tinie period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type 1-3 Year 1-2 units 0-1 3+ units 0-0.75 Type 11-2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [i[O1Sk[SJIfl N b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5or 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 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for a!! people and preserves time public trust BUILDING AND COMMUNITY STANDARDS ty of CENTER Rental License Mitigation Plan __________ Type IV License Handwritten Mitigation Plans will not be accepted. A fillable form can be found on the City'S website at www.cityofbrooklyncenter.org or call (763) 59-30 to have an electronic copy sent to you via email. Based on property conditions and/or validated police nuisance incidents, the above referenced property qualifies for a Type IV-6 Month Rental License. Prior to application approval by the City Council a fully completed Mitigation Plan must be completed and approved by City staff. A Mitigation Plan must be completed immediately in order to ensure timely completion of the license application process. The Mitigation Plan should indicate the steps being taken to correct identified violations and the measures that will be taken to ensure ongoing compliance with City Ordinances and applicable codes. A Mitigation Plan allows the owner and the City to review concerns and identify possible solutions to improve overall conditions of the property. If the Mitigation Plan is not submitted, and all items are not completed within the pending license period, or the above property operates beyond the license expiration date, enforcement actions such as citation, formal complaint s or license review may result. Before submitting, till .out Sections A, B, and C located on pages 2,3, 4. and 5. Page 1/6 Type 1111en License Mitig Rv 4-14-15 City of Brooklyn Genler—BuildLnq and Community Standalds Department eai Shine Creek Farksiiy ercelyr Center, P. 55430-2199 I Phone; (763) 5-30 I TTY 711 I Fax: çT5S) 5-5360 BUILDING AND COMMUNITY STANDARDSJT City of 5418 70th Cird BROOKLYN Brooklyn Centor, MN Rental License Mitigation PlanENTER License#010083W- -_- Type IV License Sethoris A—Crnne Free Houalng Program Requirements Phase 1) Use a written lease agreement. The lease agreement shall include the Crime Free Housing Lease Addendum. A copy of the lease agreement and Crime Free Housing Lease Addendum must be attached to the Mitigation Plan when submitted. J 2) Agree to pursue the termination or tease agreement or eviction of tenants who violate the terms of the lease or any addend urns. 3) Conduct criminal background check for all new prospective tenants. If Ft is a cutrent tenant a new background check is not required. Must be able to provide documentation to City if requested. j 4) Attend a City approved eight-hour Crime Free Rousing training course. Information for approved courses can be found at tniww.mncpa,iiet under the Training and Events Lab, A copy of the Crime Free Housing Certificate must be attached to the Mitigation Plan when submitted. Crime Free Housing training was completed onus scheduled for 12(8115 Owner or agent attended/is planning to attend training at city of: Brooklyn Center J 5) Submit Monthly Update by the 1 0 0 day of each month, Phase U RV 1) Complete a Security Assessment and implement improvements requested by the Brooklyn Center Police Department. To schedule an initial or follow-up Security Assessment, call (763) 56-344. A follow-up assessment must be completed before the license expiration date to verify the security improvements have been Implemented. If a Security Assessment has been previously completed, write the completion date. Security Assessment was completed on/is scheduled for; 1218/15 Security Assessment follow-up was completed on/is scheduled for O PA4 > Continue Sections A, Phase Ill on page 3. Page 215 Type IV Pn!aI LkensaIigatibn Pin, Rev. 4-1445 City of Bak1yn enter—Buildingenter—Duilding and Comnuti4yStdad DEpaxtIueat 6301 Shingle Creel( Parkway, 8ro3dn Center M1 5540-2199 1 Phone: (763) 553-333 M.,71 -$ I Fax,-.(763)569-3360 BUILDING AND COMMUNITY STANDARDS City of______ 5418 70th Circle BROOKLYN Brooklyn Center, MN Renta License Mitigation Plan ________ CENTER License#0100884 Type IV License Sections ACr7me Free Housing Program Requirements (cobrnied) Phase Ill J 1) Owner or agent will attend at minimum 50% (2) of the A.R.M. meetings. The A.R.M meetings must be completed within the rental license period and before the pending Type IV License expiration date. Registration is not required, however you must sign-in during the meeting. Write two meeting dates an owner or agent plan to attend. Owrieror agent will attend kRM. meetings scheduled on: 11141I6 EJ 2) Have no repeat code violations previously documented with the past year. The following actions are required for properties with tour (4) or more units. [] 1) Conduct resident training annually that includes crime prevention techniques. 2) Conduct regular resident meetings • Page /& Type WRanta!Llenaa MiIiga'n Plan, Ray. 4-1445 City of oklyi Cente ut1in and CozmwrnLy Slandards floparftneM tjQbrQ1c1yflOr1terOrg 6301 Shingle Creek Parkway, erooklyti Cilar, MN 55430-21 PliOr1; (T63)563-3330 I TTY: 711 I Fax (783) 5-3&0 BUILDING AND COMMUNITY STANDARDSTBRC^Yty LUV 5418 70th Circt QQdyIN Rental License Mitigation Plan Type IV License Sections B—Long Term Capita! improvement Plan Based on condition and age, estimated replacement dates need to be provided for common capital items. Funding should be considered accordingly, Items that are broken, worn, or otherwise in violation prior to the estimated replacement date need to be replaced sooner. All items must have a date for Estimated Replacement Date. Dates such as; unsure', "don't know", or "when broken" will not be accepted. If you are unsure of when an item will need to be replaced, you can make a prediction based on the age, appearance, condition, or manufactur&industry recommendations. Additional Information on Expected Useful Life can be found atwwwiiudgov. Item Date Last Replaced Condition* Expected Replacement Date Example Water Heater My20W F May 2020 Furnace Jon 2000 F Feb 2020 Water Heater J a n 2UUb F El Feb 2020 Kitchen Appliances J an 2009 fl Feb 2020__- Laundry Appliances Not on l e ase Smoke Alarms! Carbon Monoxide Alarms OCT 2015 N Feb 2020 Exterior Items PainUSiding Association Windows Association Roof M5OdtIQR Fence -Assoclatlon Shed -NIA Garage Assodation Driveway -Association Sidewalks AssWation Other: *Condition Abbreviations: Naw--N Goodt Fair2F Needs Replaoernant=R Fç 41 Type )V Re nta t LJeI15e MIt(5On P(! Re v. 4-14-15 City of Uroo1dy Coiiier—Euflin wul Community Stndrds Deptmezit vMirorookIyl1center,or 301 S hino te Creek Parkway. Brooklyn Cent e r, MN 554302199 I Phone: 763) 58 -I) I TTY; 711 I Fa'c (763) 60-860 BUILDiNG AND COMMUNITY STANDARDS City of 70th0 Rental License Mitigation Plan Type IV License Sections C—Steps to Improve Management and Coridihoris of Properly The items in this section have been proven to assist with property management and property image. The following actions are required:[7j 1) Check-in with tenants every 30-days. [71 2) Drive by property to check for possible code violations. 7J 3 Evict tenants In violation of the lease or any addendums 4) Remain current on all utility fees, taxes, assessments, fines, penalties, and other financial claims/payments due to the City. [] 5) Other: The following actions are optional unless required by the City. El 1) Povicie lawn/snow service.f 2) Provide garbage service, El3)Install security system. El4)Provide maintenance service plan for appliances. Name of service company: - 5) Other: If the Type IV-6 Month Rental License Is approved by the City Council, the licensee must comply With the approved Mitigation Plan and all applicable City Codes. A written report must be submitted by the 1 th day of each month with an update of actions being taken by the owner and/or agent to comply with thisMitigation Plan. A copy of the Monthly Update can be found on page 7 A fillabla form can be found on the City's website atviwwoityotbrooklyncenter.org or call (763) 569-3330 to have an electronic copy sent to you via email. Please attach additional Information if necessary. Fa 516 7ypa flfantsl Linae Mftija'iwi Plan, Pay. 444-15 City of coI1yt —Th ildinq ad Community St dard Dpaitment wMv.oroiyrntar.ora 13301 Siiiale Creek Paiiay. Brooklyn Ct?r, MN 5430-219 Phona:(76) -3O I TTY:71 I I Fax (76) -3O V Cftyf BUILDING AND COMMuNITY STANIIRDS CENTER Licenso 0100394 Rental License Mitigation Plan Type IV License :I veiiIy that all information provided Is true and accurate. I understand that If I do not comply with the approved Mitigation Plan, comply with all items within the license period, or operate beyond the licehse expiration date, enforcement actions such as citations, formal complaints, or license review may result. Devon DydshI AuHng nier Makite PM OwrcrAgent M?ine and T1k ('Ie Rim) /2015 Ow,ieroAiira Date AddiIkI OkwierOFAgippl Name and Tide (dAppUcabfe. Fieao PthiI) Addi(ioI QwrrrAg Sirtijr (If App!k'b1e) Date City SItF On'y police tJep,Ptrndt Th 1F$LShL ccp Ju1cIJng COmmunity Stirds Dprirnzl P8 - -. Type IVRa nW Lfcn,e aUcfl Pn, Rev, 44415 city OIr1dyB Cn Mizt and Commiardty Mildardw 6301 5tinte Ofed Pwy, BrokIyn Cnrr, MN 5543O219 Phone; (73) 5-333 1 TTY: 711 I Fm (763) S-3CO City Council Agenda Item No. lOa #4 COUNCIL ITEM MEMORANDUM DATE: January 25, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk ^Mwyf^ SUBJECT: Type IV 6-Month Provisional Rental License for 4207 Lakeside Ave N #236 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 4207 Lakeside Ave N 9236. 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 IT Rental License. This property qualifies for a Type IV Rental License based on ten (10) 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: 07-31-2015 The previous rental license expired. 08-03-2015 The Owner, Judith Spanberger, applied for renewal of the rental dwelling license for 4207 Lakeside Ave #236, a single family dwelling. 08-27-2015 An initial rental license inspection was conducted. 10 property code violations were cited, see attached rental criteria. 09-04-2015 A $300 Administrative Citation was issued for renting without a license. 09-29-2015 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: E:isiiring WI attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [iisJcsJ I N V MYA L'A I DWA 0) ii iiioi 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. 11-03-2015 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. 12-21-2015 A Mitigation Plan was submitted. 01-05-2016 The Mitigation Plan was finalized. 01-15-2016 A letter was sent to the owner notifying that the hearing before the Council will be held January 25, 2016. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust [I1I1IJ[IJ I U V N 1W4 Uh'A I 0) 1I WJ'A I 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 03-0840 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, Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust EoJJ.J I U I M"4 I'A I 3TA ES) UI Ill .!41 perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: At least 75% of units will be inspected for properties with 15 or less units. At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit IM Code Only) Type 1-3 Year 1-2 units 0-1 3+ units 0-0.75 Type 11-2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV —6 Months 1-2 units Greater than 8 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 attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [ESUJ[J I N I V Dk'4 U I M'A El) UI 1IJikI License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.3 5 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 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 I 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: o Enhanced Community Image Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, safe, inclusive community that enhances time quality of life for al/people and preserves the public trust BtJIIDtNG AND COMMUNITY STANDARDS XCBPCII OKLYN Rental License Mitigation Plan Type IV License l-tandwrit!en Mitigation Plans will srntke ac cepsed. A lillable form can be found on the City's website at www.cityofbroo 1dyncentr. org or call (763) 569-330 to have an electronic copy sent to you via email Property Address: 4207 Lakdske Avenue N, #236, BioAlyn Center, MN 5542 Or's Name(s): Judith Spanbere Local Agent(s): MSP Home Rental MikeSchaetfr, Sherry Buckley Owners Address: 1550 Farkwocd Or #120. Woodbury, Agent's Address: 1200 Centre Pointe Curve MN 55125 0300, Mendete Heights, MN 55120 O1Frs Phone: (2) 2$2-6654 AgeriVs.Phoiie: (651) 7976913 Owner's Email: epbejuhotnaiLccm Agenrs Email: theny@rnsphom&entleJr 1 CurTent Expiration Date:i,'1 \ y(7&hcl1ng Expiration Date ; J(eXpIFQfl Eased on property conditions and/or validated police nuisance incidents, the above referenced property qualifies for a Type lV-& Month Rental License. Prior to application approval by the City Council a fully completed Mitigation Plan must be completed and approved by City staff. A Mitigation Plan must be completed immediately in order to ensure timely completion of the IiGense application process. The Mitigation Plan should indicate the steps being taken to correct identified violations and the measures that will be taken to ensure ongoing compliance with City Ordinances and applicable codes. A Mitigation Plan allows the owner and the City to review &rncems and identify possible solutions to improve overall conditions of the property, If the Mitigation Plan is not submitted, and all items are not completed within the pending license period, or the above property operates beyond the license expiration date s enforcement actions such as citation, formal complaint, or license review may result, Before submitting, fill-out Sections A B, and C located on pages 2, 3 4, and S. page ho IthF PM flu 44445 City fHrookIyn Centel—Building arnl Centmunliy S athixds De)etekt w.W0ltken1il1 6301 5i1nre creek Parkwy eoin Center Mr4 55430-2195) 1 Phone: (763) 6e3-3O I Try: 711 I Fac (163) 6-338E} CXE110 BUINC AND COMM1TTSTANDARDS 1 20eseAvenuei p236 Q<'y Rental License Mitigation PlanC, Center. MN 55429ENTER Type IV License Sections ACrirne Free Hooslng Program Requirements Phase EZ 1) Use a written lease agreement. The lease agreement shall Include the Crime Free Housing Lease Addertcium. A copy of the lease agreement and Crime Free Housing Lease Addendum must be attached to the Mitigation Plan when submitted. EZI 2) Agree to pursue the termination or lease agreement or eviction of tenants who violate the terms of the lease or any addendums. [7] ) Conduct criminal background cheoR for all new prospective tenants. If it Is a current tenant a new background chuck Is not required Must be able to provide documentation to City if requested. [7] 4) Attend a City approved eight-hour Crime Free Housing training course. Information for approved courses can be found at wwwmncpa-net under the Training and Events tab, A copy of the Crime Free Housing Certificate must be attarhedtg the Mitigation Nan when submitted. Crime Free Housing training was completed cns scheduled for Owner or agent attended/is planning to attend training at of,. Minneapolis MN [71 5) Submit Monthly Update by the 10 th day of each month. Pha/l omplete a Security Assessment and implement Improvements requested by the Etroolclyn Center Police Department To schedule an Initial or follow-up Security Assessment, calL (163) 569344. A follow-up assessment must be completed before the license expiration date to verify the security improvements have been implemented. If Security Assessment has been previously completed write the completion date. Security Assessment Was completed on/is scheduled for Security Assessment fotlow-up was completed on/is scheduled for: t7at1 c Continue Sections A. Phase ill cn page 5. Pago Tffle 1v Rental Lkwnssa AfXq iWon Plary, Rev.444-15 CLti of5 klyxt Center—BulJ-'g an 50 5hing!CeEkFarIca r, MR 554U-21 1 Phone; (763) 563-$330 1 TW;711 1 BUULDXNC AND COIMUN1TY STANDARDS City ofBRO 11N rni #2 Rental L%cense Mitigation PlanCianter, M14 - - Type IV License Sections A—C1me Free Housing Progsn Requirements (continued) Phase Ill 121 1) Owner or agent Will attend at minimum 50% (2) of the ARM. meetings. The A.R.M. meetings must be completed Within the rental license period and before the pending Type IV License expiration date. Registration is not required, however you must sign-in during the meeting. Write two meeting dates an owner or agent plan to attend. Owner or agent will attend ARM. meetings scheduled on: 114116 {] 2) Have no repeat code violations previously documented with the past year. The following actions are required for properties with four (4) or more units. [J 1) Conduct resident training annually that includes crime prevention techniques. El 2) Conduct regular resident meetings. Page S Typ e VRIIa!1c&nSB MiUg&ion Ran, Re 44445 Depatwe1kt yNN,otynenerra 6301 Shingle Creak Parkway, Rrociklyn Gar!W, Mt' 5543021D5 1 F1io 5333 1 M-711 I Fc (753) 593360 BUThDTNG AND COMMUNITV STANDARDS BROOKLYN flUN 2aG,BmDij1 Rental License M itig ation P lanENTER Type IV License Seclions B—Loflg Term Capital improvement Plan Based on condition and age, estimated replacement dates need to be provided for common capital items. Funding should be considered accordingly. Items that are broken, worn, or otherwise in Violation prior to the estimated replacement date need to be replaced sooner. All items must have a date for Esimaed Replacement Date. Dates such as; "unsure" "don't know", or "when broken" will not be accepted. If you are unsure of when an item will need to be replaced you can make a prediction based on the ace, appearance, condition, ormanutacturefindustry recommendations Additional information on Expected UseItl Life can be found at wwwhud.gov Item Date Last Replaced Condition Expected Replacement Date Example Water Healer May 20W F May 2020 Furnace _j3litTa _____ Water Heater n ot a _____ctI_. Kitchen Appliances vembr2015 Hovenib&2035 Laundry Appliances not aunf 2 l^-- Smoke Alarmsl Carbon Monoxide Alarms Seplamber 2015 - septrnbr205 Exterior Items PaintfSiding Windows Roof p P11 Me Fence le Shed Garage Other: Condition Abbreviations NewN Go&G FatrP Needs RepIacernentR Pge 4iS Te IV RJcr riUar Flail. Rei 4-4-5 CftF of Lrokyt Cent -EiJny arnt CO5UOU317 5tiaxsDeparlim erd w.dbnrore 5301 Shingle Cre e k Psiisy, Brooklyn Center M1 55430-2105 I Phone; (753) 563-3330 I 1T': 111 I X: (762) 569-33C0 BUILDING AND COMMUNrFY STANDARDS 1dJLJ1 7WcdeskeAvenu N, 123, roOlyn Rental License Mitigation PlanENTER Type IV License Sections C=5teps to Improve Management and Conditions of Frnpeily Ilie items in this section have been proven to assist with properly management and property image. The following actions are required., 12.] 1) Checkin with tenants every 3-days. 2)Drive by property to check for possible code violations, 3)Evict tenants in violation of the lease or any adderidurns, [] 4) Femairi current on all utility fees, taxes, assessments, tines, penalties, and other line nclal claims/payments due to the City. D 5) Other: The following actions are optional unless required by the City. [J 1) Provide Iawnhrncw [] 2) Provide garbage service. LI.] 3 Install security system. 4 Provide maintenance service plan for appliances. Name of service company: [] 5) Other;_______________________ If the Type IV-6 Month Rental License is approved by the City Council, the licensee must comply with the approved Mitigation Plan and all applicable City Codes. A written report must be submitted by the 1 0 ' day of each month with an update of actions being taken by the owner and/or agent to comply with this Mitigation Plan. A copy of the Monthly Update can be found on page 7. A fillable form can be found on the City's website at www.cityotbrooklyncenterorg or cat] (763) 58-330 to have an electronic copy sent to you via emaiL Please attach additional information if necessary. F,rj 5/5 Type ni rtZ! L1,,orr.e Kggalion Pix. Pav, 44$5 8 Con-emun1ty EIalar49 Depealrdent wmv.ftaffirooklineeniam3rg 63111 8htn9le Creek Paiitway, ronklyn Centr, MN 5I3O21S I ?hne 753) 583-33O I liT: 711 I FBX (785) S8O-36O X-I BUiIDINO AND COMMUNITY STANDABOS bN I Rental Lkne Mitigation PlanCENTML Type V License Sign and Verify veri fy that a ll information provided rs true and accurate. I understand that If I do not comply with the approved Mitigation Pl a n, comply with all items within The license period, or operate beyond the license expiration date, enforcement actions such as citations, formal complaints, or license review may resu lt -t- Owner-orAgent Name a nd Title(Please PiMJ 0Owner Agent Pqnat to , Ie r eor PCLJ(14 - ,ici° Anm4 7jrf /Jt4F Addi1lotI OLuo roiA^rrE Nm and Ti(Jb' (!Ap?ke1e Pkee Pthit) I/ 'c AddfOwnererlent S nature !fApl!e) Date C(ty s taff Only PaJi Depamriant Dt/ 6BIR to jatnd"rmunittandards Department ate P TypeiVRea!L&fThe M auonPfan RiV. 4-14-15 City BrwkIyi C er niIc1in C*Ynmu yStand.Id9 flepai±meiit w.Oklylrnefltero)tg 5301 Shir1}á Creek Pa rWzi y, 8kIyn Cenlu, M1 55430-2199 I Fhne; (76) 563C I TTY 711 I (7 City Council Agenda Item No. lOa #5 COUNCIL I{TEM MEMORANDUM DATE: January 25, 2016 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk J^Wyvl^ SUBJECT: Type IV 6-Month Provisional Rental License for 5443 Logan 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 5443 Logan Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family property. The previous rental license was a Type II Rental License. This property qualifies for a Type IV Rental License based on nine (9) property code violations found during the initial rental license inspection and zero (0) validated police nuisance incidents for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 08-14-2015 The Owner, Kin Chew, applied for renewal of the rental dwelling license for 5443 Logan Ave N, a single family dwelling. 10-23-2015 An initial rental license inspection was conducted. 9 property code violations were cited, see attached rental criteria. 06-10-2014 A second rental inspection was conducted and failed. A $100 reinspection fee was charged to the property. 07-09-2014 A third inspection was conducted and passed. The $100 reinspection fee was paid. Atission: Ensuring an attractive, clean, safe, inclusive community (Ii at enhances the quality of life for al/people and preserves the public (just 11-18-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 11-18-2015 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. 11-30-2015 The previous rental license expired. 12-09-2015 A Mitigation Plan was submitted. 12-17-2015 The Mitigation Plan was finalized. 01-15-2016 A letter was sent to the owner notifying that the hearing before the Council will be held January 25, 2016. If approved, after six months, a new rental license is required. The license process will begin within one month. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust [i[I1iJ(iJ I N N N ak'4 LA I ak"4 (0) UI IIBIhYÀ I consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: At least 75% of units will be inspected for properties with 15 or less units. At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type 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 51813.01, Subd. 2 (a). Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust i1IJhIJ I V Ik'A L'A I a 0) UI I1lA1 License Validated Calls for Disorderly Conduct Category Num ber of Units Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.3 5 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: Enhanced Community Image Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, safe, inclusive coinnuindy that enhances the quality of life for all people and preserves the public (rust BUIMING MOCOMLUNM STANDARDSCity ofRORLN Re ntal Licenseitiation PlanCENTER Type IV Lrie Hdw1 MitatiQ PMn will ro cptct A fille form can be found on the City's website atw ityothrookynceneror or c all! (763) 569 -3330 to have an ele cr ro,nir, copy sent to yo u v emaiL Property Address: 44 3 Lag a n AveNcenler Owner's Name(s): I Kin ChewManaged by Lrrm wners Address: 142 NIcofl1Ae S A 1 n ne a poTs 1Ar4 $ c,41Y o w ner's Phone. (6S1)4&S221 OwFit's Emll: Current xpiratn Date; I 115 i'!1 Local Agent(g), A^e ril'G Addre ss , Aent'a Phone: Em a il; Fending Expiration Date; ivIs (& rnanIt Based an p rop erty can dRl i o hG an dto r tatidated ipotica r srie in idnts the ferrid property qualifies for a Type IV-6 Month Rental License Prior to app catioru approval by the City Co un c it a fu ll y camp6tFA Mititk'n Pari must be completed and a pproved by City ataff. A MiIfon Plan iiust be comple t ed lrntnedlatdy In order to en s ure i1nely c4 mple1JOrL of 1he l i oep so ppliotion process The Miti g ation Plan should indicate tfte steps being taken to correct identified v iolations and the measures that will be 1akan in o ns ur e ong oingo om pliancA, with City Ord i nan c e s and app li cable codes. A Mitigation Plan allows the owner and the City IQ revi ew concerns and identify pibe solutions to improve overall cond itions of the property. If the Mftiation Plan s not submitted, and all Items ar o not mpleted withirt the pndin liorse rLhe the pOperty operates beyond the license expiration date enforcement actions such as citation, Formal complaint, or lene review m a y re s ult. B efore submitting, FW.ogjt Sections A 1 B, and C located on pages 2 4 and - Cily f X tyert—fl aftd commuca lly 5 dandarda Dpk1rneLt 6 ilrth4flt.O EO1 iifl1 Cr Pkwa. flrckb'n PAN 4O219 Phcc: I:7& 5-O TFY 7 1 I Fc {7 -2O AVILDMO AND COMMUNITY STAND WSCity !RQjKLYN Rt LkIi Mitigation ttri Type IV Llet Sctona A=Crime Free Hoitg Pri Requiremen ts Fhse 1)Use a written lease agreement. Th& lee a qqreernent shalF include the Cfirne Housing Lee Addendum. A copy cif the tefle agreementaid Crm Free Has&n Lease Addencktrri must be attaclmd to the M111gaVon Plart When Submitted. 2)Agree, to puf su he termination or !-ease agreement or e''lctlori of tnns who violate the terms of the rase or any addidum. Conduct criminal ba&,g round dteck forall new prospective tenants. If it Is a current-tena n ta new kground check. is not req uired. Muslbethletoprovtdedocumentatiinn to City if request", LILJ 4) Attend a City appovd -elght-1ioqjr Calme Free Housing training course, Information for approved courses can be found atv rnipre under the TraThng and Ev e nts tab. A copy o!the Crime Fco HGusfng cit !mst be tthdied to the MIatIor Plan wIiF1 submItt(t Crime Free Housing training was c.impted enfls c-1iedi1ed for; Owner or agent attendeWis planning ij Uend training at city of; BrJyn Cin1r EJ ) submit Monthly Update by the 10th day of each tnth, Phase 1) Complete a Security Ase s.nient and implement improvements requeed by the rkFyn Center Police Department- To hedvle an Initilo Security Aernent, call (763) 693344. A foUôw=ip sssment rnut be completed before the llne expqati6FT date to verity the security lrnpnvetnenls have been Irnp1iieted. If a Scritij Assessment has E)L5rI provlou$jy crflpIeted 1 Write the completion dare. . Seurty ement was wiipteted onfls sche,dured ion: P LJ Security Assessment follow-irp %Vas completed onus scheduled for: T)I ndL/ S Continue Sectons A, Phase Ill on page -P4146 M Type fiJLñ$ riciPqRev, 415 City f B116 4Ld Carnmumily Stardindg Dtfrrw1 001 sthinqb Crc Pky, OrmixivaCnbr, MN 554I.219 I Phn(7) TTY: 711 1 Fax! (763) F49,-3 DVILT]NG AND COMMUNITY STANART3S 3rPC1 Ey*f CKLYN j Re ntal LiCnS MJttn Kim Type IV Line SetiQn A —Crime Free Hoising Progrn Rqilrnwnts ntt9 1!1ll1 yj 1) Owner or aenI will atte rid at rnir4irnrn 5% 2) of the A.R.M. ttin$, The A .R.M. meetrns rnut be corn, ed wthn the rental Ense pekd tl before the Type V L i cense expiration date. R egist ml ft is not required, waver y o u must ,s ign-in during the rnet1n. Wri1 meeting dates an awnt or a g ent p l a n to attd. (hvner o r a gent will a ttend AftM. rn&.eUn sule kin: 1114 1 1 6 a ki cuv________ IZ 2) Hmta no repeat code viola tion s pre viously dirrertted with the past year. The foll1 mvIng autiom are requIred for paperIk With fir (4) or m>ro ur1t. El 1) Conduct vestdefil Ir s ifting onnuallythal iricludfts crlme prvefltion te1inicue. 0 2) CondLt reuJar rsider meeting w c44-i5 City rooldyA Ge-Met—Rundingr aria Co nwr S4 a-R da rdii e1iient BJ1 Elri C&nr, MN ,]IJ-219I Ph aft e^(M)W-3330 t TM.71T I Fa(7E) E4i BTJILDLNG AND COtY STANDARDSW' Ci tyf Rett Lwne Mitigation Fan Type IV Vicense Sectiom B=Long Thrm Cap;tal Improvement Plan Sa"d On ndfton and age, atirnaed reptaoarnenl dates reed to be prcMcied for common caplial items. Firndirg should be ork1ered accordingly. Iterrs that afo brokni, wQrn3, or otherwise in atior prior to the kted replaoerneril date , need to be rp1d soonor. All tns must have a date for EsIirna!d Roplacamew Dats, Dates such as: uunsuFe, 1 t know', or MW1-efl brkn I not he accepted. If you are unsure ofwfier! an item Wil need to bf, re placed, yJ oan make a prediction ba an e1 3pperanoe condition, or nufauru(ry rm,tons. Additional lnforriaUn orb Epeti Useful Life can be found at vhid,v. ftrn Date Last Replaced CortdifioW Expected Rpacrnent Date xrnp!: WerHeter May 20 10 F Maj'2020 2000 43 Water Heater 200 2025 KiLhen Appliances 2005 Laundry Appflarce 202 Smoke Atarms! Carbon 10rinoxide Alarms 2012 2020 - Exterior Items P&ntfSidini Wndows 1990 G 200 Roof 2000 Fence 2iI Shed Garage 1c}G 2020 Driveway 2000 2035 Sidewalks 2000 G other.,C CondlL,& Fitk'fi Good Needs RiIacrnenIR Pn 4/wie Mggs ffon P'', It. 45 City 11tyn ntr—nililt it C tffy 5tdixd. trd hIni Pa4cy, flihlynCrcr, MP 5.43CL1J Phir: 763 5&-333U TTY: 711 I F;'] T,IC DUITIDINC ANT)COMMUNITY SDLBDStyd OKLYN Rental License Mitigation Ftr Type V Liceise SticrneC—Seps to Improv Wn ago raenf a n d CoidWs Qf Properly The items in this section have b -eeri proven to assist with property ma ngement and property Eniae- The following fJo are required. [] 1) Crheck.-]n with aflt$ every 30-ay 2y Drive by property to hk for sibFe cede vlclains. 3)Evict tenants In viblation of th e re or any addndu, 4)Remain current oil 241 utility fees, taxes, setneM, (16e, penalties, and other flnanoiaI ci fpayments dtie lo the City. ) Other; - The tollGwing actions are opl1 uti.IOS5 required by the City, J I) Prericte lawnJsnow El 2 Prôside garbage El 3) 111st1! security system. 4) Provide maintenainceservfta plan for appInees. Name of 6ervice oompany, El 5) f the Type IV-6 Morbth Rental Llcne is. approved by the City Council, the licensee must comply With the approved MitlatlQfl Fn arid oll appicabre City Codes. A written report must bo iJbrnifled by the 10 "'day of each month with an update of action heh tkeu by the owner andior aoit to with tWa Mitiatlon Fran. A copy or the Monthly Update can he found an pane 7. Afilla-bteform, can be found on tho Clts wesite atv cityofbrQokIyncnerMr or call 763) 5593330 to have an eloolromr, ccpy sent to you via tmall, Please attach additional Information If necessary. Pit - Lkenta P'eii. City Pf BTk1IL uildiLiq zmd Cd wnit7 Starida rds Depi1rttem1 -EiJt t41ln9j Ce Rkwy, 2QclJi, r1r1 5s3e-a19 I Phofl:(78) TTY:71 F:(IE) -3t BIflLIMNG AND COMIWUNLTY STANDARDSW City 4 J` Brooklyn, CWV.rRoorn1yN ILQ3nAIeN ] Rta1 License Mitigation PlanCEftEltType 1VLicense Sign and Verity verify that all 1nf*rttiri provided is true and accuvale, I understand that if I do not otnpIy With the approved Mitjation Plan, comply whh all fterns within the license pefiod, or operate beyond th ken so pldon date eorcroent adiains suth vs cf.tations, Formal crrpIints, or license review may result. JO-.h Lfribr Oir4tI Nr)1 nd Thic (e PIfrII) J o sh I rr k DIgliaU ened by eh Linbi- JH I LII Ilk! 3 1Q, OWAtr0rA9Snf Siiafirre 4rkA'!mei Oww rd T(e AtiI((kriaOwier arAgenl SlynWroVfAppWi Dale City Staff Only IN 1/1 C'P 1the Pp'flrikI k,-X-, -i f f` la 6 /, atld C !/1 L/&LLJT.Dare - - -- Type JV Ran W Uc'se Mtar Peii. Rev 4444 Cornmuydtytai±d Dpria 6 241 S Iffft-gla Crk P'; Broovtin Center. PIAN 21 I Plionvi 3) E3-3i3 TI?; 711 1 Fi-(53) E-3-a&I City Council Agenda Item No. lOa #6 COUNC]IL ]ITEM MEMORANDUM DATE: January 25, 2015 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk 1LkiñM 4(U4M.. SUBJECT: Type IV 6-Month Provisional Rental License for 6101 Xerxes 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 6101 Xerxes Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family property. The previous rental license was a Type I Rental License. This property qualifies for a Type IV Rental License based on sixteen (16) property code violations found during the initial rental license inspection and zero (0) validated police nuisance incidents for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type TV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 05-01-2015 The Owner, Govan Singh applied for renewal of the rental dwelling license for 6101 Xerxes Ave N, a single family dwelling. 05-29-2015 An initial rental license inspection was conducted. 16 property code violations were cited, see attached rental criteria. 06-30-2015 The previous rental license expired. 07-07-2015 The property was posted as unlicensed. 07-07-2015 A second rental inspection was conducted and failed. A $100 reinspection fee was charged to the property. 09-04-2015 A $300 Administrative Citation was issued for renting without a license. Mission: Ensuring an attractive, clean, safe, inclusive coinniulilty that enhances (lie quality of life for till people and preserves (lie public (rust iES1IJ[SJ I U I I DIk'A L'A I 3 II) 1I 1SAtI 09-11-2015 A third inspection was conducted and corrections complete, but $100 reinspection fees were not paid. 09-14-2015 The $100 reinspection fee was paid and license was passed. 09-23-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 09-23-2015 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 10-22-2015 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. 12-11-2015 A Mitigation Plan was submitted. 12-22-2015 The Mitigation Plan was finalized. 01-15-2016 A letter was sent to the owner notifying that the hearing before the Council will be held January 25, 2016. 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 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. 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. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [EI)JJ(iJ I fl a4 UhYA I I'A 0) P]JJh:'A i 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [I]Jk[IJ I U I I DWA U'A I 31k'4 [I) iI I1IhYA1 a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: o At least 75% of units will be inspected for properties with 15 or less units. 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 Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type 1 - 3 Year 1-2 units 0-1 3+ units 0-0.75 Type 11-2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 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 attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [ES1U[iJ I R I MIA L'A I thY4 0) t11 I1IJ'A I License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5or 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 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Handwritten Mitigation Plans will not be accepted. A tillable form can be found on the City's website at www.cityofbrooklyncenteTOrg or call (763) 569-3330 to have an electronic copy sent to you via email, Property Address: 6101 Xerxes Ave t'oBrooklyn Center MN55430 Owner's Name(s): Govan Singh Owners Address: 9512 Fcrd Cf rcleSt. Louis Pak55426 Owner's Phone: (612) 616-4416 Owner's Email: gslngh©dlrgroupoOm Current Expiration Local Agent(s): Agent's Address: Agent's Phone: Agent's Email: Pending Expiration (Six munths fxoiii current exptriloi) Based on property conditions and/or validated police nuisance incidents, the above referenced property qualifies for a Type IV-6 Month Rental License. Prior to application approval by the City Council a fully completed Mitigation Plan must be completed and approved by City staff, A Mitigation Plan must be completed immediately In order to ensure timely completion of the license application process. The Mitigation Plan should indicate the steps being taken to correct identified violations and the measures that will betaken to ensure ongoing compliance with City Ordinances and applicable codes. A Mitigation Plan allows the owner and the City to review concerns and identify possible solutions to improve overall conditions of the property. If the Mitigation Plan is not submitted, and all items are not completed within the pending license period or the above property operates beyond the license expiration date, enforcement actions such as citation, formal complaint, or license review may result. Before submltllng, fill-out Sections A1 B, and C located on pages 2, 3 4 and 5. Page 1/5 Type IV Rental Ucense A-Rigallon Plan, Rev. 4-445 City o f flroo1e1yn CoAter—Buffiding j m4 Community Standards Department wty1brklyncenterOrg 5201 Shin9le Creek Pertcway. BreoklCestt 40-2l I phone; p53)563,3330 I TTY,-711 I Fac (76) 55-6O BuILDING AND COMMUNITY STANDARDSCity of Xeres Ave NoBROOKLYN rooktyn Center, MN Rental License Mitigation Plan Type IV License Sections A---Crime Free Housing Program Requirements Phase I EZI 1) Use a written tease agreement. The lease agreement shall include the Crime Free Housing Lease Addendum. A copy of the lease agreement and Crime Free Housing Lease Addendum must be attached to the Mitigation Plan when submitted. 7J 2) Agree to pursue the termination or lease agreement or eviction of tenants who violate the terms of the lease or any addendums. ) Conduct criminal background check for all new prospective tenants. If it Is a current tenant a new background check is not required. Must be able to provide documentation to City if requested. 4)Attend a City approved eight-hour Crime Free Housing training course. Information for approved courses can be found at www.mncpa.net under the Training and Events tab. A copy of the Crime Free Housing Certificate must be attached to the Mitigation Plan when submitted, Crime Free Housing training was completed oMs scheduled for; Owner or agent aflendedlis planning to attend training at city of: Shkopee - 5)Submit Monthly Update by the 10' day of each month. Phase II 1) Complete a Security Assessment and implement improvements requested by the Brooklyn Center Police Department. To schedule an initial or follow-up Security Assessment, call (76) 569-3344. A follow-up assessment must be completed before the license expiration date to verity the security improvements have been implemented. If a Security Assessment has been previously completed, write the completion date. Security Assessment was completed on/is scheduled for: 312111 Security Assessment follow-up was completed on/is Continue Sections A, Phase lii on page 3. Paga 2/ rype IV Rental Lkansa Aaii Fx Rev. 4.14-15 City of Break1m Center—Building and Community Stan4wds Department wvo1brooknnter.or 6301 Shlng!a Crsk Frway, erooklyn Cnrr, M 54$O-2155 1 Phone (70)!M-3330 1 TTY-.711 I Pec (763) 669-336G BUILDING AND COMMUNITY STANDARDS City of - BROOKLYN CIMN 1 Rental License Mitigation PlanCC,ENTIER 55430__________ Type IV License Sections ACr!me Free Housing Program Requirements fron!inued Phase lii 1)Owner or agent will attend at minimum 50% (2) of the A.R.M. meetings. The A.R.M meetings must be completed within the rental license period and before the pending Type IV License expiration date. Registration is not required, however you must sign-in during the meeting. Write two meeting dates an owner or agent plan to attend. Owner or agent will attend A.R.M. meetings scheduled on: 1/14116 and 3110116 2)Have no repeat cede violations previously documented with the past year. The following actions are required for properties with four (4) or more units 1) Conduct resident training annually that includes crime prevention techniques. [] 2) Conduct regular resident meetings. p Type !1/nfi Lkn$e M1tigiior. PJn v- 4-1445 City of BrooldyA Cnt—Buildingtd Corn'nun1ty SUmdard5 Department -- wN.dlnnt8r.Or 6301 5I*iI Creek Prkay, Brooklyn Center, MN 55480-2199 1 Ph (70)553-3330 1 IT?; 711 I Fa)c (73) f69-36 BUILDING AND COMMTJN1TY ST1U'DARSTBRONTER tyofOKLYN 0101 Xerxes Ave No Braoklyn Center MN Rental License Mitigation Plan Type IV License Sections 13—Long Temi Capital Improvement Plan Based on condition and age, estimated replacement dates need to be provided for common capital Items. Funding should be considered accordingly. Items that are broken, worn, or otherwise in violation prior to the estimated replacement date need to be replaced sooner. All items must have a date for Estimated Replacement Date, Dates such as "unsure", "don't know or "when broken" will not be accepted. If you are unsure of when an item will need to be replaced, you can make a prediction based on the age, appearance, condition, or manufacture/industry recommendations. Additional information on Expected Useful Life can be found at www.hud.gov , Item Date Last Replaced Condition Expected Replacement Date Example: Water Heater May 2010 F May 2020 Furnace 912002 G 20s Water Heater 712005 G lsyrs Kitchen Appliances 612014 -N Oyrs Laundry Appliances 0120013 G ISyrs Smoke Alarms( Carbon Monoxide Alarms IiarMed 200 G 20yrs - Exterior Ite ms Paint/Siding 1O5 Windows Original As needed Roof 0/2000 --20yrs Fence n/a Shed n/a Garage As needed Driveway Original As needed Sidewalks Orignal As needed - Other: Cndition AbbrelIetlQns:New--N GoothO Fa=F Needs Repfacement=R 4/5 Type 1V Rer/I Lkese Mlligeion PI&i, Rev. 414-15 City of Brooklyn Center—BuildingCenter—Building and Com*.utty Standarda Department wdtyorbrookiyoriterorg 6301 Shingle crecic Parkwey, 9roo}Iyn Center, MN 55430-21 1 Phone: (783) 53-3330 I TTY: 711 I Fex: (763) 569-23O rnnLDmG AND COMMUNITY STANDARDS XRental License Mitigation Plan Type IV License Sections C-Steps to Improve Management and Conditions of Properly The items in this section have been proven to assist with property management and property image. The following actions are required: 1) Check-in with tenants every 30-days. EZI 2) Drive by property to check for possible code violations. EZ 3) Evict tenants in violation of the tease or any addendums. [ZI 4) Remain current on all utility fees, taxes, assessments, fines, penalties, and other financial claims/payments due to the City. [J 5) Other: - The following actions are optional unless requited by the Clty. [III 1) Provide lawn/snow service. [J 2) Provide garbage service. 3)Install security system. 4)Provide maintenance service plan for appliances Name of service company: &rv]ce Plus -Centerpint Energy D 5) Other If the Type IV-6 Month Rental License Is approved by the City Council, the licensee niiist comply with the approved Mitigation Plan and all applicable City Codes. A written report must be submitted by the 1 01h day of each month with an update of actions being taken by the owner and/or agent to comply with this Mitigation Plan. A copy of the Monthly Update can be found on page 7, A tillable form can be found on the City's website at www.cityofbrooklyncenter.org or call (763) 569-3330 to have an electronic copy sent to you via email. Please attach additional information if necessary. Page 516 Type IV Rn1I Uense AN11gaYon P124 Re 44445 City of Brooldyn Cttr-Building and Cornunfty standard )epathnut A%vw.rj4,ofbrooYjyncentarorg 501 ShIng1CeFrFvray, Brooklyn Center. MN O-2155 I Phone: (-M)563-3330 1 TT''; 711 I Fax- (7r> 569-3360 mfILDING AND COMMUNITY STANDARDS TBRU^RLYN, 6101 Xerxes Ave No Brooyn Center MN Rental License Mitigation Plan CENTER 55430 - - Typo IV License Sian and Verify I verify that all information provided is true and accurate. I understand that if I do not comply with the approved Mitigation Plan, comply with all items within the license period, or operate beyond the licence expiration date, enforcement actions such as citations, formal complaints, or license review m a y result. Owner or 4ent Name and 7lle (Peoe Pth) Govan Si ngh ZPWEE - b112.1 47•O' Ov.'ner orAent SJQnalufe Addiilorte! Owner or Agent Name and Pilo (!VApp?oaWe, FleaeAIn) A dditiona l Owner DrAgont Signature (if AppiicabIe) Date ClZy Staff Only ,4Q CF Police DepeilmeMt o nrntLd ,dspad#t I ok Date Page 6 7e IV rial License Mitigation Plan, nay. 4445 City o f l3rooklynCenter—Bu i lding and Corr ty Sndd Depattez1t udrocklyncenter.Or O1 Shingle Creek Pirkway. rnekl>qi Center, MN 543O-215I Phone: (76) I TJY; 711 I Fc (78) 643SO City Council Agenda Item No. lOa #7 COUNCIL I{TEM MEMORANDUM DATE: January 25, 2016 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk jwm^n^ SUBJECT: Type IV 6-Month Provisional Rental License for 7240 West River Rd 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 7240 West River Rd. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a 1 building, 7 unit multifamily property. The previous license was a Type IV Rental License issued on October 12, 2015, on condition of adherence to the Mitigation Plan and City Ordinances. The property would qualify for a Type II Rental License based on fourteen (14) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. However, the owner failed to comply with the Mitigation Plan and applicable Ordinances, specifically failed to attend Owners/Managers Association Meetings and turn in monthly updates. According to City Ordinances, if the requirements of the license category and the Mitigation Plan are not met, the license renewal category remains a Type IV. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the continued Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. The following is a brief history of the license process actions. Mission: Eiisui!iig an attractive, clean, safe, inclusive colnunhllity th at enhances the quality of life for al/people and preserves the public trust EI]JJ[i1 I R I WAl lii 11 111 ^1k'A [I) UI WJ'A I Current rental license approval activities: 09-25-2015 The owner, Nedzad Ceric, applied for renewal of the rental dwelling license for 7240 West River Rd, a 1 building, 7 unit multifamily property. 09-30-2015 The previous Type IV Rental License expired. 10-30-2015 An initial rental license inspection was conducted. 14 property code violations were cited, see attached rental criteria. 12-01-2015 A second inspection was conducted and passed. 12-09-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 12-09-2015 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. 12-29-2015 A Mitigation Plan was submitted. 01-08-2016 A $125 Administrative Citation was issued for not meeting mitigation plan requirements. 01-11-2016 The Mitigation Plan was finalized. 01-15-2016 A letter was sent to the owner notifying that the hearing before the Council will be held January 25, 2016. Previous Type IV Rental License approval activities: 03-13-2015 The owner, Nedzad Ceric, applied for renewal of the rental dwelling license for 7240 West River Rd, a 1 building, 7 unit multifamily property. 03-19-2015 An initial rental license inspection was conducted. 21 (3/unit) property code violations were cited, see attached rental criteria. 03-31-2015 The previous Type IV Rental License expired. 04-22-2015 A $125 Administrative Citation was issued for not meeting mitigation plan requirements. 04-28-2015 A second inspection was conducted and failed. A $150 reinspection fee was charged to the property. 05-18-2015 The $150 reinspection fee was paid. 07-22-2015 A $300 Administrative Citation was issued for renting without a license. 07-27-2015 A third inspection was conducted and passed. 08-04-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 08-04-2015 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. 08-24-2015 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. 09-08-2015 A $600 Administrative Citation was issued for renting without a license. 09-15-2015 A Mitigation Plan was submitted. 09-17-2015 The Mitigation Plan was finalized. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life foi all people and preserves the public trust [I)JMIJ I U V N MA U I Dk'4 (I) 1WI P1IJ I 10-05-2015 A letter was sent to the owner notifying that the hearing before the Council will be held October 12, 2015. Prior Type IV Rental License approval activities: 09-10-2014 The Owner, Nedzad Ceric, applied for renewal of the rental dwelling license for 7240 West River Rd, a 1 building, seven unit multifamily property. 09-29-2014 An initial rental inspection was conducted. 27 (3.86/unit) property code violations were cited, see attached rental criteria. 09-30-2014 The previous Type IV license expired. 11-06-2014 A second inspection was conducted and passed. 11-19-2014 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 12-09-2014 A Mitigation Plan was submitted. 12-22-2014 The Mitigation Plan was finalized. 01-05-2015 A letter was sent to the owner notifying that the hearing before the Council will be held January 12, 2015. Prior Type IV Rental License approval activities: 01-22-2014 The Owner, Nedzad Ceric, applied for renewal of the rental dwelling license for 7240 West River Rd, a 7 unit apartment dwelling. 02-13-2014 An initial rental inspection was conducted. 38 (5.43 per unit) property code violations were cited, see attached rental criteria. 03-13-2014 A second rental inspection was attempted; no one was at the property. 03-31-2014 A third rental inspection was conducted and failed. A $350 reinspection fee was charged. 03-31-2014 The previous rental license expired. 05-12-2014 A fourth rental insection was conducted and passed. 05-21-2014 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 06-09-2014 $350 for reinspection fees were paid. 06-12-2014 A Mitigation Plan was submitted. 07-17-2014 A letter was sent to the owner notifying that the hearing before the Council will be held July 28, 2014. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people cud preserves the public trust EI1BI[J I U U 3k'A UYA I ak'A 0) 1tI I1IJ'A I Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves (lie public (rust IEI1IJhYiJ I fl N N Mk74 U'A I DI'A [I) 1II OSA' I Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust [EI]1J[iJ I N ak'A L I IYA 0) t1I I1IJki Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit CodeOnly) _______________________________ Type 1-3 Year ljunits 0-1 3+ units 0-0.75 Type 11-2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 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). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.3 5 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than I 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust EiIJJ[SJ I fl U U 31L'A Uh'A I 1k'A (I) 1I *iIk'A I Budget Issues: There are no budget issues to consider. Strategic Priorities: o Enhanced Community Image Attachment - Mitigation Plan - Resolution Approving a Type IV Rental License for 7240 West River Rd Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves (lie public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 7240 WEST RIVER RD WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 7240 West River Rd, was issued a Type IV Rental License on October 12, 2015; and WHEREAS, City Ordinance Section 12-901.2 requires a property owner who receives a Type IV Rental License complete Phase I, II and III of the Crime Free Housing Program; and WHEREAS, City Ordinance Section 12-914.3.c establishes the requirement for Phase II of the Crime Free Housing Program including attendance at a minimum of 50 percent of Owners/Managers Association Meetings and completion of Crime Prevention Through Environmental Design Requirements; and City Ordinance Section 12-913 requires submittal of monthly updates; and WHEREAS, the property owner of 7240 West River Rd, Brooklyn Center failed to attend Owners/Managers Association Meetings and turn in monthly updates NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE IV Rental License is hereby approved for the property at 7240 West River Rd, Brooklyn Center, MN. January 25, 2016 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. Property Address: 7240 West River Rd N Brooklyn Center MN Owners Name(s) Nodzad Ceric LocalAgent(s): Owners Address: 1304 7 th ave Anoka Mn 55O3 Agent's Address: Owner's Phone: (612) 978-3198 Agent's Phone: Owners Email: cerlc.nermina@yahoo.com Agent's Email: Current Expiration Date: Pending Expiration Date: 1421 . oi\o \ (Six months from uirei1t eçalio Based on property conditions and/or validated police nuisance incidents the above referenced properly qualifies for a Type IV-6 Month Rental License. Prior to application approval by the City Council a fully completed Mitigation Plan must be completed and approved by City staff. A Mitigation Plan must be completed immediately in order to ensure timely completion of the license application process. The Mitigation Plan should indicate the steps being taken to correct identified violations and the measures that will be taken to ensure ongoing compliance with City Ordinances and applicable codes. A Mitigation Plan allows the owner and the City to review concerns and identify possible solutions to improve overall conditions of the property. If the Mitigation Plan is not submitted, and all items are not completed within the pending license period, or the above property operates beyond the license expiration date, enforcement actions such as citation, formal complaint, or license review may result. Before submitting, fill-out Sections A, B, and C located on pages 2, 3,4, and 5. PJO 116 TyprrJV Rwilal Uconsr Wigatian Plan, Rev. 4-14-15 CLty of Brooklyn Center—ui1ding nd Con'inunhty Standards Department 'cityoflodJynsontororg 6301 Shingle Creek Parkway, Brooklyn Crter, MN 554302199 1 Phone; (705) &5-55?O 1 TTY 711 1 Fax: (763) 5693360 Phase j1) Use a written lease agreement. The lease agreement shall include the Crime Free Housing Lease Addendum. A copy of the lease agreement and Crime Free Housing Lease Addendum must be attached to the Mitigation Plan when submitted. 2)Agree to pursue the termination or lease agreement or eviction of tenants who violate the terms of the lease or any addendums. 3)Conduct criminal background check for all new prospective tenants. If it is a current tenant a new background check is not required. Must be able to provide documentation to City if requested. EI1 4) Attend a City approved eight-hour Crime Free Housing training course. Information for approved courses can be found at www.mncpa.net under the Training and Events tab. A copy of the Crime Free Housing Certificate must be attached to the Mitigation Plan when submitted. Crime Free Housing training was completed on/is scheduled for: Owner or agent attended/is planning to attend training at city of P t/Mouth 5) Submit Monthly Update by the I 01h day of each month. Phase 11 1) Complete a Security Assessment and implement improvements requested by the Brooklyn Center Police Department. To schedule an initial or Follow-up Security Assessment, call 763) 569-3344. A follow-up assessment must be completed before the License expiration date to verify the security improvements have been implemented. If a Security Assessment has been previously completed, write the completion date. / Security Assessment was completed on/is scheduled for: Security Assessment follow-up was completed on/is scheduled for: Continue Sections A Phase III on page 3. Paga 216 Type IV iII Ucoo Mt11Ioii Matt,1ev, 4.1445 City o!Br o1y Center--Building and Conmuuitty 5tedxta paitrent cityfbiooktyflCefltt. 001 Shft1e Creek F'rk1vey, Smoklyn Center, MN 554302199 1 Phone: () TT'( 711 I FIJC (763) 69-33t BUILDING AND COMMUNiTY STANDARDS XBRCCINTER ty West Rivet Rd N Brooklyn Center MN I Rental License Mitigation Plan Type JV License Sections A=Cjime Free Housing Program Requtrements(continued) Phase Ill E21 1) owner or agent wil attend at minimum 50% (2) of the A.R.M. meetings. The A.R.M. - meetings must be completed within the rental license period and before the pending Type LV License expiration date. Registration is not required. however you must sign-in during the meeting. Write two meeting dates an owner or agent plan to attend. Owner or agent will attend A.R.M. meetings scheduled on: 1114116 and3110115 2) Have no repeat code violations previously documented with the past year. The following actions are required for properties with four (4) or more units. JJ 1) Conduct resident training annually that includes crime prevention techniques. MV 2) Conduct reguir resident meetings. Page 316 Type IVRe aiUcerise tgatiori Plan, Rev. 44445 Cily floek1yi and Conmimiity Stan&ardDprtnent tyoThrooklynccntor,org 6301 Shingle Creek Fr1swy, Brotdyri Center MJ 5430-210 Phar (76) TTY: 711 I Fac (7B3) 6B9-36O T BUILDING AND COMMUNITY STANDARDS Cit f AIBRC 740 west River Rd N Brooklyn Center MN Rental License Mitigation Plan CENTER Type IV License Sections B-Long Term Capital Improvement Plan Based on condition and age, estimated replacement dated need to be provided for common capital items. Funding should be considered accordingly. Items that are broken, worn or otherwise In violation prior to the estimated replacement data need to be replaced aooner. All items must have a date for Estimated Replacement Date. Dates such as: unsure", "don't know n , or "when broken" will not be accepted. If you are unsure of when an Item will need to be replaced, you can make a prediction based on the age, appearances condition, or manufacture/industry recommendations. Additional information on Expected Useful Life can be found atwww.hud.gov . Item Date Last Replaced Condition*Expected Replacement Date Eamp!o: Water Heater May 2010 F May 2020 Furnace 1009 0 2025 watul Heatr 2011 G JE1 °° Kitchen Appliances 2011.2015 GEl 2020 Laundry Appliances 2009 FJJ 2019 Smoke Alarms/ march 2015 N H 201Carbon Monoxide Alarms Exterior Items Paint/Siding 2010 F []2017 Windows 1905 F H 2020 Roof --.9.El - Fence F El 2018 Shed Garage 1978 G Driveway 1978 El 2025 Sidewalks Other:_________ *Condition Abbreviations , New--N Good'G Fair--F Needs RepacemenLR Page 416 Type IV Rontal Lcse MiVcn Plan, Rev. 4-14-16 City of Bockyn Center— _li ng Eturl C onumunitySfandaxl$ Dartmnt ItyQbiyfli?rQF9 601 Shingle Creek Pnkway, Broeklyn Center, MN 654U-2199 I Phone: (763) 53-33s0 TTY: 711 I Fix (763) 669335O BUILDING AND COMMUNITY STANDARDS 7240 West River Rd 14 Brooklyn Center MN1 CENTER Rentel License Mitigation Plan L Type IV License Sections C—Steps to Improve Management and Conditions of Properly The items in this section have been proven to assist with property management and property image. The following actions are required; i: 1) Check-in with tenants every 30-days. [] 2) Drive by property to check for possible coda violations, 3)Evict tenants In violation of the lease or any addendums. 4)Remain current on all utility fees, taxes, assessments, fines, penalties, and other financial clairnslpaymerite due to the City. El 5) Other; The following actions are optional un1es required by the City. i: 1) Provide lawn!snow service. [] 2) Provide garbage service. 3) Install security system. {} 4) Provide maintenance service plan for appliances. Name of service company: fl 5) Other: If the Type IV-6 Month Rental License is approved by the City Council, the licensee must comply with the approved Mitigation Plan and all applicable City Codes. A written report must be submitted by the 1O day of each month with an update of actions being taken by the owner andlor agent to comply with this Mitigation Plan, A copy of the Monthly Update can be found on page 7 A fihlable form can be found on the City's website at www.cityofbrooklyncenter.org or call (763) 69-3330 to have an electronic copy sent to you via email. Please attach additional Information If necessary. Pago 55 Type N R eftlat L1000SO M;14400n Pion, Rev 44445 City of I1o11yn Ct .ni2dbig and Cznxniiidty Standaid.s Department www.yofbrodynconthror 6301 ShlnkCrekParkway BôkIrn Onier, MN 55450-2100 I. hne: (7$ I i'T 711 I F (763) 56933S0 BUILDING AND COMMUNITY STANDARDS City of 7240 West River Rd N Brooklyn Center] Rental License Mitigation Plan.TBRCOOKLPYN CENTER Type LV License Sign and Verify I verify that all informatioh provided is true and accurate. I understand that if I do not comply with the approved Mitigation Plan, comply with all items within the license period, or operate beyond the license expiration date, enforcement actions such as citations, format complaints, or license review may result. Nedzad Caric Owner er-Agent Name and Title (P/ease Print) 0/0)2016 Owner or-Agent Signature Data Additional Owner or-Agent Name and Title (IF Applicable. Please Print) Additional Own or or-Agent Signature (ItAppllcb!e) Date City Staff Only X firC (-'r/M Police Department ing a Community Standards Department / I /// /'=;o'/(V' Dat' j/t'If, - Date Page eta TypO lVReptef Uopmv Mitigation F/an, Rev. 4-14-15 City of Brooldyit Center—Building and Cornmunily Standards Department vAtyoThIOCIkJyflCfltarer 6301 Sliirre Creek Parkway, Brooklyn Comer MN 55430.2199 1 Phone:(Th) a5-330 J 1TY; 711 I City Council Agenda Item No. lOa #8 COUNCflJ ]ITEM MEMORANDUM DATE: January 25, 2016 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 5200 63td 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 5200 63id 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 April 28, 2015, on condition of adherence to the Mitigation Plan and City Ordinances. The property would qualify for a Type II Rental License based on three (3) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. However, the owner failed to comply with the Mitigation Plan and applicable Ordinances, specifically failed to attend Owners/Managers Association Meetings and turn in monthly updates. According to City Ordinances, if the requirements of the license category and the Mitigation Plan are not met, the license renewal category remains a Type IV. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the continued Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. The following is a brief history of the license process actions. Mission: Ensuring an attractive, clean, safe, inclusive coinunwit' (11(11 enhances the qiialitj' of life for all people and preseri'es (lie public (just [i[I1IJOI I N N MhYA tYA I MYA (1) t1tI I1IJ I Current rental license approval activities: 08-27-2015 The owner, Roger Bonny, applied for renewal of the rental dwelling license for 520063 d Ave N, a single family dwelling. 09-10-2015 An initial rental license inspection was conducted. Three property code violations were cited, see attached rental criteria. 10-12-2015 A second inspection was conducted and passed. 10-20-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 10-20-2015 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 10-28-2015 A $125 Administrative Citation was issued for not meeting mitigation plan requirements. 10-31-2015 The previous Type IV Rental License expired. 11-09-2015 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. 01-05-2016 A Mitigation Plan was submitted. 01-11-2016 The Mitigation Plan was finalized. 01-15-2016 A letter was sent to the owner notifying that the hearing before the Council will be held January 25, 2016. Prior Type IV Rental License approval activities: 12-22-2014 The Owner, Roger Bonny applied for an initial rental dwelling license for 5200 63r1 Ave N, a single family property. 01-12-2015 An initial rental license inspection was conducted. 12 property code violations were cited, see attached rental criteria. 02-11-2015 A second inspection was conducted and passed. 02-18-2015 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. 03-06-2015 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 03-23-2015 A Mitigation Plan was submitted. 04-08-2015 The Mitigation Plan was finalized. 04-20-2015 A letter was sent to the owner notifying that the hearing before the Council will be held April 27, 2015. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves (lie public trust :osir • au u I i ti iii mJ I If approved, after six months, a new rental license is required. The license process will begin in approximately one month. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12..913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5.Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. !'fission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust iiiiJc.i I u au'i U I ahYA (I) 1iI P1SI I Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Mission: Eii.siir!izg an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust [S[O1IJ[iJ I V V Dk'A I'A I OIY4 (I) 1UhIJh'A I - Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type 1-3 Year 1-2 units 0-1 3+ units 0-0.75 Type 11-2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV —6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust ]JJ[.J I fl V DhYA UYA I MA [I) t1WI P1SWJ 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 5200 63' Ave N Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 5200 63 AVEN WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 5200 63r1 Ave N, was issued a Type IV Rental License on April 28, 2015; and WHEREAS, City Ordinance Section 12-901.2 requires a property owner who receives a Type IV Rental License complete Phase I, II and III of the Crime Free Housing Program; and WHEREAS, City Ordinance Section 12-914.3.c establishes the requirement for Phase II of the Crime Free Housing Program including attendance at a minimum of 50 percent of Owners/Managers Association Meetings and completion of Crime Prevention Through Environmental Design Requirements; and City Ordinance Section 12-913 requires submittal of monthly updates; and WHEREAS, the property owner of 5200 631(1 Ave N, Brooklyn Center failed to attend Owners/Managers Association Meetings and turn in monthly updates. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE IV Rental License is hereby approved for the property at 5200 63 Ave N, Brooklyn Center, MN. January 25, 2016 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. BUILDING AND COMMUNTfl STANDARDSXt of OKLYN Rental License Mitigation Plan01CENTER 0 , Z815 Type IV License Handwritten mitigation Plans will not he accepted. A fihlable form can be found on the City's webafte at wwwx1tyoflarooklyincenter.or or call (763) 569-30 to have an electronic copy sent to you via email. Property At Own',rsAd 5200 O3rd Avenue N Brooklyn Center, MN5429 ration Date 4130/16 (860) 967-9340 Agents 10 10/31/15 Based on property conditions andlor validated police nuisance incident, the above referenced property qualities bra Type IV-6 Month Rental License. Prior to application approval by the City Council a fully completed Mitigation Plan must be completed and approved by City staff. A Mitigation Plan must be completed immediately In order to ensure timely completion of the license application process. The Mitigation Plan should indicate the steps being talcen to correct identified violations and the measures that will be lalcen to ensure ongoing compliance with City Ordinances and applicable codes. A Mitigation Plan allows the owner and the City to review concerns and identify possible solutions to improve overall conditions of the property. If the Mitigation Plan is not submitted and all items are not completed within the pending license period, or the above property operates beyond the license expiration date, enforcement actions such as citation, format complaint, or license review may result Before subniithng. fill-out Sections A. B, and C located an pages 2, 3 4, and S. Pago VS Typo IVPOr?M Uoeiso mtfgafiDn Plan, Re 44445 City of Brooldyu Cen t e r—flulltt'.g and Gommu.nIy ZtndxJz Deprtntetxt 6301 St1n10 Cr F'dcwy, Sook1yn Center, Ml 554302199 1 (763) I TTY: 711 1 Fo (763) 5693360 BUILDING AND COMMUNITY STANDARDSCit3roJRO ocLN 2OO 63rd Avenie N. CEN1E. ooky CenIer, MN 55429 Rental License Mitigation Plan Type IV License - Sections A—Crime Free HouszigProgram Reqw(emenis Phase I IZJ 1) Use a written lease agreement. The lease agreement shall include the Crime Free Housing Lease Addendum. A copy of the lease agreement and Crime Fra Housing Lease Addendum must be attached to the Mitigation Plan when submitted. IZI 2) Agree to pursue the temilnatiori or lease agreement or eviction of tenants who violate the terms of the lease or any addend urns. JJ 3) conduct criminal background check for all new prospective tenants. Ifitis a current tenant a new background check Is not required. Must be able to provide documentation to City if requested. IZI 4) Attend a City approved eight-hour Crime Free Housing training course. Information for approved courses can be found at www.mncpa.net under the Training end Events tab. A copy of the Crime Free Housing Certificate must he attached to the Mitigation Plan when submitted. Crime Free Housing training was completed onfls scheduled for: 3/11 /10 Owner or agent attendedlis planning to attend training at city of Brooklyn Park- Submit Monthly Update by the 10"'day of each month. Phase It 1) Complete a Security Assessment and implement improvements requested by the Brooklyn Center Police Department. To schedule an initial or follow-up Security Assessment, call (763) 569-3344. Afolluw.up assessment must be completed before the license expiration date to verify the security improvements have been Implemented. If a Security Assessment has been previously completed, write the completion date. Security Assessment was completed units scheduled for X2411 5 Security Assessment follow-up was completed on/is scheduled for: W2115 Continue Sections A, Phase Ill on page 3. Page 2/5 7e WPefflalLimnso WgstbaRaw, Rev. 444-15 City offtooldyn Cent uikUtg and Co=YLunftrStaAaaxds l)epanaut w.dyoftrooklyncntorg 8301 hinge Ceic Parkway, Brokfyn Certer, MH 55430.2199 1 Pton (763) 563-3330 I 1TY; 7t Fa (753) 5$933$0 BIIII1DING AND COMMUNITY STANDARDSCity of BROOKLYN S200 63rd Avenue N. ENTERXCCI ooklya Cenr, ItIN 55429 Rental License MIJgation Plan - - Type IV License 5ectkns A—Crime Free Housing Prorni ReqwiemenLs (cothnueri) Phase Ill Jj 1) Owner or agent will attend at minimum O% 2) of the A.R.M. meetings. The ARM. meetings must be completed within the rental license period and before the pending Type IV Ucense expiration date. Registration is not required, however you must sign-in during the meeting. Write two meeting dates an owner or agent plan to attend. Owner or agent will attend A.RM, meetings scheduled on: !i _and_ [J 2) Have no repeat code violations previously documented with the past year. The following actions are required for properties with four 4) or more unit-5. IZI 1) Con1ut resident training annually that includes cilme prevention techniques. Jj 2) Conduct regular resident meetings. poge a16-, -- - - Mtl9ab, Pt4 Rev, 44445 - Cy i xIdyi Centex—BullcUs anSI CouxunitySanxdDxtttwnt pkIynceeter.org 6301 ;Shingle Creek Parkway, Enôktyii Center, MN 554O210 I Phone (78 I flY; 711 1 Fa (783) 5-3350 BUILDING AND COMMUNITY STANDARDS 5200 63rd Avenue N. iy' Center, WIN 5429 Rental License Mitigation Plan Type N License Sections B—Long Term CepIaIImprQvementp/37 Based on condition and age, estimated replacement dates need to be provided for common capital items. Funding should be considered accordingly, Items that are broken, worn, or otherwise in violation prior to the estimated replacement date need to be replaced sooner. All items must have adate for Estimated Replacement Date. Dates such a: "unsure", "don't know or "when broken' will not be accepted. If you are unsure of when an item will need to be replaced, you can make a prediction based on the age, appearance, condition, or manufacture/industry recornrnertdstions. Additional information on Expected Useful Life can be found atwww.hud.gov , Item Date Last Replaced Conditions--Expected Replacement Date Eximp1e Water Heater 11ay 2O1O F May2020 Furnace August2010 G Hater ?V1Wth 2010 0 Jy2025 Kitchen Appliances Janu?JY2013 G -January 2028 - Laundry Appliances June2013 -G June 2028 Smoke Alarms! Carbon Monoxide Alarms September2015 N September 2020 Exterior Items Paint/Siding Jwe 215 N June 2030 - Windows MY 2014 N May2034 Roof Atgust2013 N May 2033 Fence J \\ Shed Garage Jnuary2010 January 2060 Driveway PP1 2000 1 J u ne 2020 Sidewalks October 2015 N June 2045 Other: 'Condition Abbations New--N Gpod=G Fair--F Needs Rp1aenieot=R Page 41 Tq'e !VRoi(ai Lie MfIVUop Plan, Aw. 44445 City- of Broo'kiy ter—Bui1llng and ComrftUnftyistandardu Dax1ittent wcijeThrkIyncnterer 6301 31nQ cm Parkway, iookP Cano MN 543D-216 I Phono; (763 E63330 I 11Y 711 I Fac (703) 669-3360 BUILDING AND COMMUNITY STD1S jBROOELYN F1nte LicenseRenta' cense Mitigation PlanCENTERType lv License Sections c—Steps to ImproveMasaenent and Conthbons orProperty - The items in this section have been proven to assist with property management and property image. The following actions; are required: [J 1) Check-in with tenants every 30days, [] 2)Drive by property to check for possible code violations. [7J 3) Evict tenants in violation of the lease or any addendums. [7] 4) Remain current on all irUlity fees, taxes, assessments, lines, penalties, and ether financial clainis/paments due to the City. J 5) Other The following actions are optional unICsC requird by the City. [7] i) Provide lawn/snow service. 12] 2) Provide garbage service. [] 3)Install securilysysteni. [] 4) Provide maintenance service plan for appliances. Name of service company- El 5) Other. If the Type IV4 Month Rental License is approved by the City Council, the licensee must comply With the approved Mitigation Plan and all applicable City Codes. A written report must he subtntted by the 10 th day of each month with an update of aetjons being taken by the owner andtor agent to comply wIth this Mitigation Plan, A copy of the Monthly Update can be found on page 7. A fihleble form can bifound on the City's website at www.cityothroo1dyncenterorg or call (763) 5-3330 to have an electronic copy sent to you via email. Please attach additional information if necessary. P'iyo S' 7)p1VRrrt LiQnse Fbi, Re'. 4-1445 CyQfBosyn Ctt Pui1di!1g and Csxnntit7tan4axasDepaxtinent %wmrRYofbroaktYheLvter.ura 6301 Shingla OroaR P.rkwy, Brooklyn cit Mr 55430-2195 1 Phon; (76 5634ta I TTY: 711 1 Fax: (763) 5654360 BuILnrRG AND COMMtJIAITY STNDflD 520 63rd Avenue N.XB (MW!N f Brooklyn Cnter, 1N 55429 Rental Lfenee MWtior PlanCENTLM Type W License Sign and Verify Iveiify that all information provided is true and accurate. lunderstand that Ill do not comply with the approved Mi1ition Plan, comply with all items within the license period, or operate beyond the Iicnse epIraion date r enforcement actions such as citatIons formal complaints, or l[cense review may result. Ba rmy, Ower OtiirAnNarne ancJ Tif! (PJePfnt) 11I132O15 ötrAgenL SgIur Data Adiori OwnercrAgent Nanie a nd hUe (If AppIk'al,!, PIRM Athfflon& OierorAc2ent5'inatVe (1 caJe) Date cv3tffOnfy PDps4mr, jri4L-i&,h. q? standards D&prfrrwflf P?ge We F? 44445 e301 Shir Par,ayB ktmC 1O5 pJo(753O I TTY711 I Frt7)B5-3350 City Council Agenda Item No. lOa #9 COUNCIIL ITEM MEMORANDUM DATE: January 25, 2016 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk lwyli-^W^ SUBJECT: Type IV 6-Month Provisional Rental License for 6607 Beard Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan, Resolution and issuance of a Type IV 6-Month Provisional Rental License for 6607 Beard Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family property. The previous license was a Type IV Rental License issued on June 22, 2015, on condition of adherence to the Mitigation Plan and City Ordinances. The property would qualify for a Type II Rental License based on three (3) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. However, the owner failed to comply with the Mitigation Plan and applicable Ordinances, specifically failed to attend Owners/Managers Association Meetings. According to City Ordinances, if the requirements of the license category and the Mitigation Plan are not met, the license renewal category remains a Type IV. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the continued Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. The following is a brief history of the license process actions. Mission: Ensuing an attractive, clean, safe, inclusive conhinhlility that enhances the qualify of life for all people aiidpreseii'es the public trust [EI1IJ[SJ I U Mk U 11 1 I A (I) 1I )1SJYA1 Current rental license approval activities: 09-02-2015 The owner, Ernie Zheng, applied for renewal of the rental dwelling license for 6607 Beard Ave N, a single family dwelling. 09-23-2015 An initial rental license inspection was conducted. Three property code violations were cited, see attached rental criteria. 11-03-2015 A second inspection was conducted and passed. 11-18-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 11-18-2015 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. 11-30-2015 The previous Type IV Rental License expired. 12-09-2015 A Mitigation Plan was submitted. 12-17-2015 The Mitigation Plan was finalized. 01-15-2016 A letter was sent to the owner notifying that the hearing before the Council will be held January 25, 2016. Prior Type IV Rental License approval activities: 02-26-2015 The Owner, Ernie Zheng, applied for renewal of the rental dwelling license for 6607 Beard Ave N, a single family dwelling. 04-15-2015 An initial rental license inspection was conducted. 18 property code violations were cited, see attached rental criteria. 04-28-2015 A second rental inspection was conducted and passed. 05-06-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 05-06-2015 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 05-26-2015 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to 'obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 05-29-2015 A Mitigation Plan was submitted. 05-31-2015 The previous rental license expired. 06-01-2015 The Mitigation Plan was finalized. 06-15-2015 A letter was sent to the owner notifying that the hearing before the Council will be held June 22, 2015. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Mission: Ensuring an attractive, clean, safe, inclusive community that en/sauces the quality of fife for all people and preserves the public trust [EIOJJ(I1 I N N I'A LA I ah'A (I) 1I i1lJ'A i Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5.Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Mission: Ensuring an attractive, clean, sq/i', inclusive community that enhances the quality of life for al/people and preserves the public trust I[i1lJ[iJ I fl U ak'4 LA I aIk'A (I) 1I I]iJ'À1 Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all Original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust EI1IJ[iJ fl N N 3k'A U I M'A (I] flhJ I Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type 1 -3 Year 1-2 units 0-1 3+ units 0-0.75 Type 11-2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people am! preserves the public trust [EI1SJ[J I U M M Dk'4 VA i a 0) UI aSJAi 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 6607 Beard Ave N Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public t,iisl Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 6607 BEARD AVE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 6607 Beard Ave N, was issued a Type IV Rental License on June 22, 2015; and WHEREAS, City Ordinance Section 12-901.2 requires a property owner who receives a Type IV Rental License complete Phase I, II and III of the Crime Free Housing Program; and WHEREAS, City Ordinance Section 12-914.3.c establishes the requirement for Phase II of the Crime Free Housing Program including attendance at a minimum of 50 percent of Owners/Managers Association Meetings and completion of Crime Prevention Through Environmental Design Requirements; and City Ordinance Section 12-913 requires submittal of monthly updates; and WHEREAS, the property owner of 6607 Beard Ave N, Brooklyn Center failed to attend Owners/Managers Association Meetings. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE IV Rental License is hereby approved for the property at 6607 Beard Ave N, Brooklyn Center, MN. January 25, 2016 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. PôprIy Addr I7 gea rd Ave N Is1rn O4r MN 65429 OriE% nt): ErP Owrer Add 1945 crt'n kk Pkw 224Eden Priri ?AN 6&W Owrr Phe: (12) 2l-D24e owne rs ErnIl: ier@yahooeom Current Ep1rt1cm D: iwa hu thc] A gent(s).' Ten ZVI P-n il Agents M&c rvA LAus Picwj Ed o n PrrMN44 Aent'e Pttone: (01) Aeji1e Emak burnaflde©gmailcOm Fendig EpErtion Date: Thnth fi cuxunt hBc) ad on prperbj cond itions iandfor vi1dtcI 0Ie sance 1nicIenls the above referenQd prope rty q ualifies. tor- Type IV-6 Mth Rental L icen se. Prior to application approval by the City Council a folly oomplete d Mittn Flan nit be camp letGd and prv by Ctytalf, A MtbrL Plan must be- ccmpletd Inirn dtthetyh order to e n sure timely compTetlôr o f license epplioation process. The M iN aW F'L hik Indicate the etepa ]rig take n to correa ideriited via lAtIons a nd tho mmuTes that wW be t a ke n to ensure ori*g corriMlan c s with City Ordinances aM apia codes. A MliTiatiori F1ar alfowa the the City to reñewconcrne and identify poasible solu t ions to Iniprte ovmll coridl Wlis Qfthe property If the W*ori P l an i not eitbrnit&d arid iall Items e nt Do mp teted Within the pending IIna rthe Above property operates beyon d the lcene expiration date, enforcrnart ioi efldi n tein1 formal compl a ir3 l 'or licere review may iejlt. Before submiW ng, -out Sentlons A , B and C located on pages 2, 3 A and 5 pap lis Typs tV Henr.4 Lfc*^ Aopsff on AWL 44-1 City t—ikbn and C,11TT1I1 amtir ptIWt ww rJy(iiL 513I IreTCre4 l3t1yfi C ffl d er, MPt &W$.?jM I Pimn (73- TTv711 I F - BUUADING AND COMM1TY STAIDAIDS 6607 Read Avi^- N3. r SeCS03isA Ciirn Free ffisIzg Pro gram R,jt W1 1) Use e wmenee agi-eemnt The lease agmement shal l ltidtheCjirne Free Housing LaeMcturn. A copyof the Waso a9 moment and, Crime Free Housing Las Mdendum must be atta ched to the Mitig aiN on Plan wham eubmitted.[(j ) Aee to pursue the tarftilriaU o rkdr iD$e a g reement oreW1iot of tenants who V301al e the terms of the r eny dderdunie. J 3) C on-dVolOr4nat background chekfr all newprospethee tens. Ifftisa curmni tenant anew back g ro und heI s not requiierI Must Ie se to provIde dentf]ori to City 1frequed, 4) Mend e City appmved M-oir Crime Free Hausfng treing course. Info rrnUn fo r appToved 7co urses can beotind sit wwmirrinepanotuWert1ie A copy of the Crime Free Rou4ng Certificate must be at ta ched to the MJttkrn Plan When submitted Cirne Free H att sn raWng wa s com pla ted *MP3 scheduled for 01 2 -O%vne rioragent attenckidlis planning to offend liairiTng aty of -171 S> Submit Month'y Upd ate by the lQ" day of e ach knori t h , Phas e 1117J i) Comple te a SewrityMsessmenthnd impletne.iit iimprovernanis recteted by the Brook lyn Center Police Dprtrnent. To saeduTe a n In I fial o r foIkwp Sourly AsserenI c Ff33) 569-344follow-up a5 sessmnt must be voznpkted bolore the linse expiration data to very the eeurity Imprownents havo been inipknnted. tf a Seouiity Aasetneiit h a s been prev]us1y completed, write the co mpletion dates eornplefecl oiiils dTeduled for: / ?41) ' $thy Asse-s iiontfdIw-vp v'eccompleted or!is heiuIed ibn ç Conthne SeCUO"S A, P1ese III on pe Lk^ip r, Ru. 4-14-1. City tEmn3 —uflJliiJ an d xnm J P,r:(63)-30 [ 1T(;71 B1flLT1NG AND COMMtMTY STANDARDS ric oOKLYN 7 cJ Av t NTER rklyri Cr4 I1 5542 RTttaI L{cn tisi P1& TypIVLkti ctkr. A Cthe pree ?kuing Program Requirements iiwd) Phe IT! 1)Omr or agentwill Lterd at minimum 50% (2) of PM AR.M. iiIfig The ARM moctEngs, muse mpt within the rental floerkse peñd and befom Me pq"ding Type IV L Rition date. Re rlln Is trqu1red1 however yo rnL1 )-in doin Ifie mWM9, Write two meeting datoo an ovmerr agardpter to tter. Owner or agemyAll agend AAArweb.ngs scheduled 2)Have no repeat code violations previôuty datd wiTh the patyear. The frUowniJ raCUOUS are rqurd for prtptls 1.0-th four (4) or more unIts. J 1) Conduct rs1dt trrtng annually that includes cr]rne Preve ntion tehriique EJ 2) Conduct regular reIdnt mth, pap M Type N R4if L' V. d-1.45 City OfEMODUyn 3I1 5hErI Pi CITT IN W4W210 Ptr (7 E63S3U TfY;711 I F 6J 5-D TJILDINGPND XCKIN CnLM4 65429 Rental License MmatI.n Plan Type V License Serlkrn B= Ltrig Term Cpt& Jnipmvcmeiit Plan Bad on condWon and age, estimted rep1ac&Ft dateB need to be proViOed for cmrroi capiw Itm, Fwiiling should be consf4ered occordingly. Items thatam brkeii, wm, or otherwise in Violation pricr k the •tirned replacement date rteet to be replaced sooner, All Items must have dEe fr E&imeed Rp!cmert Date. Dates such s: dor1t know", or"When broken" will not be accepted, if you are unsure of whelm n Kern will need to replaced, you nrnke.a prodic-11on based on The a, appearance, candbm, air rnnuraur&irdvtry recommendations. Mditbnel Wormaflo on Epictef Use-Ml Life en be *lrd at vAliwItrd-gov, Item Enp!: Water Heater Fumae Water 14eter Ktchen Appliances Laundry App1ncea Date Last Replaced nitiort xpeted pkeneiit Dare May ma - - 04O10 Srnolce Alarms! Carbon Monoxide Atms ix IWIM5 rkr lrii -052O1 - Wrw Roof 12O G re-noe ______fl4IO2O Shed U512010 Garage Dnieway 0812006 Side-walks G 0412020 Other: _________ Cunthti AUxevIMo.nv F&--F 1 Ar RI W Lk)* P, & 4-4-i5 city of Bzuakty iai Cm a±rtnf kjrrc'r 61 5lñ Prkway, ri en1, MN 54.3D2 I Ptir*; 763 E2J TF 71 {Th1 W3U!DNG AND COWN1T STM11RS f7 Bc3fd AveN3 rkyn Ceni Rental Lri gIJn Plan rBRCCI ________________________ Type P1 Lic ens e, tlons C---Smapa to 1IJipVe Mwi mcnt and Condithins o? Popery The Jrni In thl eln have been proven to as sis t with pT* "i manag ement and prrpAiy trne. The foIKwttig atin are required: Fv/1 i C c1c'.n with tenants ewry -day. 2) Dflvo by propeiti to check for poaibte code vloiaE[oo.. 7j ) Evict tenants in viola ttion of the Wee or arrI den durns. ] 4) R e main wrentn all utilityfees taxe s, assessnlari% firm, penatie., arid oth e r finanalal clafrris1pa ymenits dualto the City. 5) The oilowing aotions are optional urtloss rçuIrd iby the City. i FrQVtelawn/snow ar'c. El 2) Provide aFb9 serñce ) t ristallsecurAy syste m. [] 4) ProvIdle Main tenance service plan for applianc Name f serv ice 1py_. It the Type lV- Month ReritatL1cnsls a ppr*vetl b y the City Council,the Muen s ee must comply with the a.ppvd M1tin Plan and all applica ble City Codes. Aw1in report mu5t be cgi bm i tted by the IIP day or each month with an updato of actlons Wng taken by the owner zjd1or agent to comply with this M1ttion Plan. A copy of the Monthly Update be to urW on page T. A ltb1e fain can be laimd ot the CIWs Vieb s lie atw W,cybrk1yI1ceter.Qr o r c1l 763) h a ve n e1elrrio copy s ent to you vizi eril. Please attach addltona! Inform a ti o n If necaary+ Tw Wi9r LI %& Mr? ftf7, FWV. 444,15 City iFBxcrnkIi Og ntOT'—p ading aid Ct'rnnity ii PpienI *i cfrr.jncrr cr 1 iD1tr kP^wy CtErN 54O-Z19 I Ptc (? Th-711 1BUFMING AM COMMUNM STANDARDS CC, Rental PJAn ENTM Type IV Ulaenw SEgla and 'tify that all information provIdt--d is true and acrnth. I undemteW Unat ff Ho not comply vñth the appovd Wliflgatlnn P. complywi1II items withh tba license Pe6nd, or operate beyond the linnse ,ewphtion date, ercmiL OdWs wirch as dtai3ns, fmi comp1ais, of 11colse review may rut. ()w rvcy— r 4f Aft n f Na m aDd Th' fl f) OrorA - d &?3f r fw nd}rfa Ap1 Fara - xknr e;Witrcw Agen1 SgAstuM, (pp1) cyStM ci Ppparn7rni 7 Da kA Pand cmr]t_ IJs Døprkn Date tpe I VRr aP FW, iv. 444-5 yof xv ckldVIL±zg W1 Stii CrkPtky, crr, MN5-21 F1ära; 7-33t I TFY.711 c (7d3) 5B City Council Agenda Item No. lOa #10 COUNCIL ITEM MEMORANDUM DATE: January 25, 2016 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk 11Mvt )Mttk SUBJECT: Type IV 6-Month Provisional Rental License for 6021 Emerson 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 6021 Emerson 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 May 12, 2015, on condition of adherence to the Mitigation Plan and City Ordinances. The property would qualify for a Type II Rental License based on four (4) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. However, the owner failed to comply with the Mitigation Plan and applicable Ordinances, specifically failed to turn in monthly updates. According to City Ordinances, if the requirements of the license category and the Mitigation Plan are not met, the license renewal category remains a Type IV. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the continued Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. The following is a brief history of the license process actions. Jklission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [flhJ[J I fl V k'A U I DIhYA 0) 1I 1BJYA I Current rental license approval activities: 09-01-2015 The owner, Brandi Schack, applied for renewal of the rental dwelling license for 6021 Emerson Ave N, a single family dwelling. 09-22-2015 An initial rental license inspection was conducted. Four property code violations were cited, see attached rental criteria. 10-23-2015 A second inspection was conducted and passed. 11-05-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 11-05-2015 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. 11-13-2015 A $125 Administrative Citation was issued for not meeting mitigation plan requirements. 11-23-2015 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 11-30-2015 The previous Type IV Rental License expired. 12-01-2015 A Mitigation Plan was submitted. 12-03-2015 The Mitigation Plan was finalized. 01-15-2016 A letter was sent to the owner notifying that the hearing before the Council will be held January 25, 2016. Prior Type IV Rental License approval activities: 06-30-2014 The Owner, Derek & Brandi Schack, applied for an initial rental dwelling license for 6021 Emerson Ave N, a single family property. 07-07-2014 An initial rental license inspection was conducted. 10 property code violations were cited, see attached rental criteria. 08-11-2014 A second inspection was conducted and failed. A $100 reinspection fee was charged to the property. 09-03-2014 A third inspection was conducted and failed due to no access. A $100 reinspection fee was charged to the property. 12-04-2014 A fourth inspection was conducted and passed. The $100 reinspection fee charged on 09-03-2015 was waived because of scheduling conflicts of the inspector. The $100 reinspection fee was paid. 01-07-2015 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 02-18-2015 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 04-02-2015 A $125 Administrative Citation was issued for not submitting a mitigation plan. 04-13-2015 A Mitigation Plan was submitted. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public (rust [EI1IJ[* I U I I ØU"4 Uh'A I D'4 (I) 1I P1IJA I 04-20-2015 The Mitigation Plan was finalized. 05-04-2015 A letter was sent to the owner notifying that the hearing before the Council will be held May 11, 2015. If approved, after six months, a new rental license is required. The license process will begin in approximately two months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of ilfe for al/people and preserves the public trust iEI]JJ[IJ I U I V MkA U I k'A 0] 1iI WJAI Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: o At least 75% of units will be inspected for properties with 15 or less units. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for ailpeople and preserves the public trust EIBA[iJ I fl I V k'A Uh'A I k'A 0) 1aifflU011 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 Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I -3 Year 1-2 units 0-1 3+ units 0-0.75 Type 11-2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License I Number of Units Validated Calls for Disorderly Conduct Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [EI1SJ[iJ I U N Ik"4 I'A I DI'A [I) t1I I1IJ31 Category Service & Part I Crimes (Calls Per Unit/Year) _____ No Category Impact Decrease 1 Category Decrease 2 Categories but not more than 3 but not more than 1 but not more than 0.50 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 6021 Emerson Ave N Mission: Ensuring an attractive, clean, sale, inclusive community that enhances the quality of life for ailpeople and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 6021 EMERSON AVE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 6021 Emerson Ave N, was issued a Type IV Rental License on May 12, 2015; and WHEREAS, City Ordinance Section 12-901.2 requires a property owner who receives a Type IV Rental License complete Phase I, II and III of the Crime Free Housing Program; and WHEREAS, City Ordinance Section 12-914.3.c establishes the requirement for Phase II of the Crime Free Housing Program including attendance at a minimum of 50 percent of Owners/Managers Association Meetings and completion of Crime Prevention Through Environmental Design Requirements; and City Ordinance Section 12-913 requires submittal of monthly updates; and WHEREAS, the property owner of 6021 Emerson Ave N, Brooklyn Center failed to turn in monthly updates. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE IV Rental License is hereby approved for the property at 6021 Emerson Ave N, Brooklyn Center, MN. January 25, 2016 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. BUILDING AND COMMUNITY STANDARDS rBRC(1 EIty o1OYN Rental License Mitigation PlanENTER Type IV L ic ense3 Handwritten Mitigation Plans will not be accepted. A tillable form can be found on the City's website at www.cityothrooklyncenter.org or call (763) £9-330 to have an electronic copy sent to you via email Property Address: 6021 Emer s on Ave N Owner's Name(s): Derek eraidi Sthek Owner's Address: 525 SIb AveNE Osseo, MW 55360 Owner's Phone: (763) 208172 Owner's Email: rntman1$54icloudcom Current Expiration Date: 11oI15 Local Agent(s): Agent's Address: Agent's Phone: Agents Email: Pending Expiration Date: 5/31/16 (Six mc'ntha from pffr o^nj expiration) Based on property conditions and/or validated police nuisance incidents, the above referenced property qualifies fora Type IV-6 Month Rental License. Prior to application approval by the City Council a fully completed Mitigation Plan must be completed and approved by City staff. A Mitigation Plan must be completed immediately in order to ensure timely completion of the license application process. The Mitigation Plan should indicate the steps being taken to correct identified violations and the measures that will be taken to ensure ongoing compliance with City Ordinances and applicable codes. A Mitigation Plan allows the owner and the City to review concerns and identify possible solutions to improve overall conditions of the property. If the Mitigation Plan is not submitted, and all items are not completed within the pending license period, or the above property operates beyond the license expiration date, enforcement actions such as citation, formal complaint, or license review may result. Before submitting, fill-out Sections A, B, and C located on pages 2, 3, 4, and 5 Page V Type lyRe JL(en M,fl Pla Rev, 4-14-75 C ity otBroldyu Cente ui1dinanii CDrnrnunity standards Department MW4ityQbrhIYflQefl?r.Qrg 6 3 01 Shin g le Crk Parkway, Crook nGenterMN530-2i9 1P ho ne;(73) 53-30 1 TTY;711 1 Fox; (753) 3360 3UILT)XNG AND COMMUNITY STANDARDSCitycfBROOKLYN 8021 Emerson Ave N Rental License Mitigation PlanCENTER Type IV License Sections A—Crime Free Housing Program Requirements Phase I I) Use a written lease a0rooment. The lease agreement shall include the Crime Free Housing Lease Addendum. A copy of the lease agreement and Crime Free Housing Lease Addendum must be attached to the Mitigation Plan when submitted. J 2) Agree to pursue the termination or lease agreement or eviction of tenants who violate - the terms of the lease or any a0endums. 3) Conduct criminal background check for all new prospective tenants. If it is a current tenant a new background check is not required. Must be able to provide documentation to City if requested. 171 4) Attend a City approved eight-hour Crime Free Housing training course. Information for approved coursos con bo found at www.rnnuipamet under the Training and Evonts tab. A copy of the Crime Free Rousing Certificate must be attached to the Mitigation Plan when submitted Crime Free Housing training Was completed onus scheduled for: Owner or agent attendedfis planning to attend training at city o f Park 1171 5) Submit Monthly Update by the 10th day of each month. Phase II W1 1) Complete a Security Assessment and Implement improvements requested by the Brooklin Center Police Department. To schedule an initial or follow -up Security Assessment, call (76) 56-344. A follow-up assessment must be completed before the license expiration date to verify the security improvements have been implemented. If a Security Assessment has been previously completed, write the completion date. Security A easment was completed onus scheduled for: Security Assessment follow-up was completed on/is scheduled for: Continue Sections A, Phase Ill on page 3. Page 215 Type !V Ra? Lirf?5C Migfbn Pian Rev. 444.1 City of Brooklyn Center—BuIlding and Community 5tdd whvybrUo1er.ør 6301 Sine Creek Pkay, 8rok1m Center, MN O-2i p Phone: (703) 053-3330 I 1TY; 711 I Fac (76) @-3a6O BUILDING AND COMMUNITY STANDARDS JTBRCOOKLYty of N Eniereon Ave N NTER Rental License Mitigation Plan Type IV License Sections A.Ci*ne Free Housing Program Requirements (continued) Phase Eli 1) Owner or agent will attend at minimum 50% (2) of the A,R.M meetings. The A.R.M. meetings must be completed within the rental license period and before the pending Type IV License expiration date, Registration is not required, however you must sign-in during the meeting Write two meeting dates an owner or agent plan to attend. Owner or agent will attend ARM meetings scheduled on: 1I14116 ç1110116 EZJ 2) Have no repeat rode violations previously documented with the past year. The following actions are required for properties with four (4) or more units. tEl 1) Conduct resident training annually that includes crime prevention techniques. U 2) Conduct regular resident meetings. P9e W6 Type IV R !IL-en MJIc'n Pian Rev. 4-1445 City ofRrooklyn Centr —v.iILitg aud ConmunttV Standards Department itbrknfl1eTre 6301 Shin1e Creek Perhvny, 13Tooklyn Center, tt4 5543021e9 1 Phone: (753)553-313D I TTY-Ml I Fax: (755) 569.3360 Date Last Replaced May 2010 2010 2009 2012009)2014 2011 Item Example: Water Heater Furnace Water Heater Kitchen Appliances Laundry Appliances Condltiotf Expected Replacement Date F may 2020 0 2020 G 2021 G 202 0 2020 Paintfsiding 1950 Windows 2007 Roof 2014 Fence 2004 Shed Garage Driveway Sidewalks Other:_________ 0 202 0 2019 G 2029 2018 G 2020 20 18 BUILDING AND COMMUNITY STANDARDSCit f TBRCORLYNC^ RentalCENTER r6021 Emerson Av e N License Mitigation Plan - Type IV Sections B--Long Term Capital improvement Plan Based on condition and age, estimated replacement dates need to be provided for common capital items. Funding should be considered accordingly. Items that are broken, worn, or otherwise In violation prior to the estimated replacement date need to be replaced sooner. All items must have a date for Esfime ted ftlacement Date. Dates such as: "unsure ", "don't know", or when broken" will not be accepted+ If you are unsure of when an item will need to be replaced, you can make a prediction based on the age, appearance, condition, ormanufacturerindustry recommendations. Additional information on Expected Useful Life can be round atwww.hudgov. S moke AlarmI Carbon Monoxide Alarms 2014 G 2017 E x terior Items Abbreviations: Nf' Gocd=G FsIrF Needs Replacement Nga 416 Type IV Ren tal Licel?se 06g,3 6on Pka Rev. 444 -15 C111i of zok1yit Cente r—B uilding and Commun ity adads Depa rtment ww.nenter.org 601 5hin1 Cr5k Parkway, 8roc4dyn Center, MN 55450-2199 1 Plone: (?) 56-i0 I M711 Fax: (755)559-3360 TCitCt 3UILDING AND COMMUNITY STANDARDS City of 1 eon Ave N Rental License Mitigation Plan Type IV License Sections C—steps to improve Management and Conditions of Properly The items in this Section have been proven to assist with property management and property image. The following actions are required; 1) Check-in with tenants every 30days. [] ) Drive by property to check for possible code violations. J7 3) Evict tenants in violation of the lease or any addendums. J 4) Remain current on all utility Tees, taxes, assessments, fines, penalties, and other financial claims/payments due to the City. El &) Other; The following actions are optional unless required by the City. J 1) Provide lawn/snow service, J 2) Provide garbage service. 0 3) Install security system. Li 4) Provide maintenances rvit;e plan for appliances Name of service company; Other: If the Type IV-5 Month Rental License is approved by the City Council, the licensee must comply with the approved Mitigation Plan and all applicable City Codes. A written report must be submitted by the 10th day of each month with an update of actions being talcen by the owner and/or agent to comply with this Mitigation Plan. A copy of the Monthly Update can be found on page 7. A tillable form can be found on the City's website at www.cityolbrooklyncenterorg or call (73) 56940 to have an electronic copy sent to you via email. Please attach additional information if necessary. Pig S'6 Typ P1 RellIdJ Ij,i&e MI ga1 Pkt!, Rrw 4-1445 Ofty Q! ook1y CanteBuilding and Ce!lnwty Slaktdards D€prtment 6501 Shlqla Ork Parkway, 9rQcclyn Cerner, 111l 6543021 I Phone: (75) 565330 I TTY. 711 I Fax: 755) 569-360 BUILDING AND COMMUNITY STANDARDSCityof RC [ 011 Choáss s h j Rental License Mitigation PlanCENTERType IV Lice nse Sign and Verify I verify that all information provided is true and accurate. I understand that if I do not comply with the approved Mitigation Plan, comply with all items within the license period, or operate beyond the license expiration date, enforcement actions such as citations, formal complaints, or license review may result. Owner orAgent Nrne and Title (Please PrTh) OWnerorAgent Signature Date Additional Owner or Agent Nemo and Title (IfAppIicebTe 1 Please Print Additional Owner orAgent Signature (if Applicable) Date City Staff Only Police Deparnen 04 ,4W+bMJM'a ildin nd Comminity S .ndards Deperirnent Date Page e16 Type W 1icense A1illgaion P/en, Rev. 44445 City efrooJc1yt Cent Bitfldlng and Cozumrn1ty 5tandrde Depaxthurnt ww.odyncnter,or 6301 Shingle Creek Petkwey, Umoklyr Center, MN 55430219 Phone: (763)5654M I 1TY: 711 I F (76) 8O-36O City Council Agenda Item No. lOa #11 COUNCIL ifEM MEMORANDUM DATE: January 25, 2016 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk A41M ym y4n—k SUBJECT: Type IV 6-Month Provisional Rental License for 4201 Winchester Ln Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan, Resolution and issuance of a Type IV 6-Month Provisional Rental License for 4201 Winchester Ln. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family property. The previous license was a Type IV Rental License issued on July 27, 2015, on condition of adherence to the Mitigation Plan and City Ordinances. The property would qualify for a Type II Rental License based on four (4) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. However, the owner failed to comply with the Mitigation Plan and applicable Ordinances, specifically failed to turn in monthly updates. According to City Ordinances, if the requirements of the license category and the Mitigation Plan are not met, the license renewal category remains a Type IV. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the continuedType 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. ]Wissioii: Eiisuiiiig an attractive, dean, safe, inclusive colunninity (11(11 enhances the quality of life for all people aiid preserves (lie public trust I1SJ[iJ I I V MYA U'A I A (I) 1I )1SJA I Current rental license approval activities: 08-12-2015 The owner, Theresa Bums & Eric Poehier, applied for renewal of the rental dwelling license for 4201 Winchester Ln, a single family dwelling. 09-11-2015 An initial rental license inspection was conducted. Four property code violations were cited, see attached rental criteria. 10-16-2015 A second inspection was conducted and one property code violation remain. 10-22-2015 The property passed the rental license inspection when the owner submitted documentation showing that the furnace is safe to operate. All corrections completed and inspection passed. 11-05-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 11-05-2015 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. 11-10-2015 A $125 Administrative Citation was issued for not meeting mitigation plan requirements. 11-23-2015 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 11-30-2015 The previous Type IV Rental License expired. 12-04-2015 A Mitigation Plan was submitted. 01-19-2016 The Mitigation Plan was finalized. 01-15-2016 A letter was sent to the owner notifying that the hearing before the Council will be held January 25, 2016. Prior Type IV Rental License approval activities: 02-10-2015 The Owners, Theresa Bums & Eric Poehier, applied for renewal of the rental dwelling license for 4201 Winchester Ln, a single family dwelling. 03-20-2015 An initial rental license inspection was conducted. 12 property code violations were cited, see attached rental criteria. 04-28-2015 A second rental inspection was conducted and failed. No reinspection fee was charged because owner was not able to accompany the inspector for the inspection. 05-11-2015 A third rental inspection was conducted and passed. 05-31-2015 The previous rental license expired. 05-20-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 05-20-2015 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 06-22-2015 A Mitigation Plan was submitted. 07-06-2015 The Mitigation Plan was finalized. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for ailpeople and preserves the public trust EI)JJ(iJ I fl I I W4 U I ak'A 0) 1iI flhJ I 07-20-2015 A letter was sent to the owner notifying that the hearing before the Council will be held July 27, 2015. If approved, after six months, a new rental license is required. The license process will begin in approximately two months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of fife for al/people and preserves the public trust Eo1.J.J I N I V Ik"A U'A I MTA 0] UI 1lJ'AJ 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves (lie public trust [Ei1IJEIJ I I I Dk"A U'A I Mk'A (I) 1'II )1IJ I Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code On1v 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 51813.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.3 5 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust [1i]JI[iJ I N V I1L11, ."4 UA I kTA [I)10 1I I1Ik!AI 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 4201 Winchester Ln Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 4201 WINCHESTER LN WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 4201 Winchester Ln, was issued a Type IV Rental License on July 27, 2015; and WHEREAS, City Ordinance Section 12-901.2 requires a property owner who receives a Type IV Rental License complete Phase I, II and III of the Crime Free Housing Program; and WHEREAS, City Ordinance Section 12-914.3.c establishes the requirement for Phase II of the Crime Free Housing Program including attendance at a minimum of 50 percent of Owners/Managers Association Meetings and completion of Crime Prevention Through Environmental Design Requirements; and City Ordinance Section 12-913 requires submittal of monthly updates; and WHEREAS, the property owner of 4201 Winchester Ln, Brooklyn Center failed to turn in monthly updates. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE IV Rental License is hereby approved for the property at 4201 Winchester Ln, Brooklyn Center, MN. January 25, 2016 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. BUILDING AND COMMUNITY STAMARDS City of Rental License Mitigation Plan CENTER Type LV Licence Handwritten Mitigation Plans will not be accepted. A tillable form can be found on the City's website at www,cityofbrooklyncenter.Org or call (783) 569-3330 to have an electronic copy sent to you via email. Based on property conditions and/or validated police nuisance Incidents the above referenced property qualities for a Type IV-6 Month Rental License Prior to application approval by the City Council a fully completed Mitigation Plan must be completed and approved by City staff. A Mitigation Plan must be completed immediately in order to ensure timely completion of the license application process. The Mitigation Plan should indicate the steps being taken to correct identified violations arid the measures that will be talen to ensure ongoing compliance with City Ordinances and applicable codes. A Mitigation Pan allows the owner and the City to review concerns and Identify possible solutions to Improve overall conditions of the property. If the Mitigation Plan is not submitted, and all items are not completed within the pending license period, or the above property operates beyond the license expiration date, enforcement actions such as citation, formal coniplaint or license review may result Before submitting, fill-out Sections A D and C located on pages 2,3, 4 and S. Fi 1/ Type tVRental Manse M &tio P/en Rev, 4444 Cfty of Brooklyn Center—uUdig n4 unity $t'AnOrdt DEpriflGtt diyrokIynnorg 3i i1 Patkay,kiJn Cntr. MN B4O2 155 Nione: (763) 5634330 I TIY: 711 Fc (763) 59-3O0 BUILDING AND COMMUNITY STANDARDS WCityf RO ORLYN 4201 Winchester Lane CENTER Brooklyn Center MN 429 Rental License Mitigation Plan - Type IV License Sections A—Gnme Free Housung Program Rerjwremeifls Phase I EZI 1) Use a written lease agreement. The lease agreement shall include the Crime Free Housing Lease Addendum, A copy of the lease agreement and Crime Free Housing Lease Addendum must he attached to the Mitigation Plan when submitted j2) Agree to pursue the termination or lease agreement or eviction of tenants who violate the terms of the lease or any addendums. ILl 3) Conduct criminal background check for all new prospective tenants. If it Is a current tenant a new background cheek is not required. Must be able to provide documentation to City if requested. rJ 4) Attend a City approved eight-hour Crime Free Housing training course. Information for approved courses can be found at wwwmncpnet under the 7-rotning and Events tab. A copy of the Crime Free Housing Certificate must be attached to the Mitigation Plan when submitted. Crime Free Housing training was completed onus scheduled for: Owner or agent attended/is planning to attend training at city of: 5) Submit Monthly Update by the 10 day of each month. Phase U 1) Complete a Security Assessment and implement improvements requested by the Brooklyn Center Police Department, To schedule an Initial or foIlwup Security Assessment call (763) 59-3344 A follow-up assessment must be completed before the license expiration date to verily the security improvements have been Implemented. If a Security Assessment has been previously completed, write the completion date. - -Security Assessrrent was completed on/is scheduled for. . ,t Security Assess rnent follow-tip was completed on/is scheduled for: Continue Sections A, Phase III on page Pig 2/6 Type N Rental Lcns Mil;galibn Pla n, RAV. 4-4-15 Ciiyf Ba1dyn Ce-nter—puJiding att Connuunity Standards Dpxlmet vA%%%dtyofbrooRlynoenMr.org 6301 Shingle Creek Parkway, Brooklyn CantEr, PAN 55430-2159 1 Phone; (763) 663O I TI?: 711 I Fi: (7) 9-330O BUILDING AND COMMUNITY STANDARDSciiyofROiYN Rental License Mitigation PlanCENTER Type IV License Sections, ACr/the Fè Housing Program Requjrthàñt cnV Phase IU 1) Owner or agent will attend at minimum 50% of the A.R.M. meetings. The A.R.M. meetings must be completed within the rental license period and before the rending Type IV License expiration date. Registration is not required, however you must sign-in during the meeting. Write two meeting dates an owner or agent plan to attend. Owner or agent will attend A.RM. meetings scheduled on: 1112116 a nO8116 E1 2) Have no repeat code violations previously documented with the past year. The totlwing actions are required for properties with four (4) or more units.U 1) Conduct resident training annually that Includes crime prevention techniques. El 2) conduct regular resident meetings. Type Wafa) L/ise Mitigation P/an, Rev. 4-14-15 CityfBok1yn Cntruildin n4 Co'n*iuuthy Slandarft Dparhnet wdtØbaokIynterMrg 6501 ShnI Frkv.ey, Brooklyn Center; MN 5540-21 Pitne: (763) E63230 I TTY' 711 I F; (763) 569.3360 BUILDING AND COMMUNITY STANDARDS T,BROOKLYNty of 4201 Wirtchester Lane rooknCenter M5542a Rental License Mitigation PlanM CENTER Type IV License Sections B—Loriçj Term Cspstal Improvement Plan"': Based on conditton and age, estimated replacement dates need to be provided for common capital items. Funding should be considered accordIngly. Items that are broken, worn, or otherwise in violation prior to the estimated replacement date need to be replaced sooner. All items must have a date for E.sllriaiocI Rep fEw,mnt Dat6. Dates such as "tinsur","don't know", or "when broken' will not he accepted, if you are unsure of when an item will need to be replaced, you can make a prediction based on the age, appearance, condition, or manufacture/industi recommendations. Mdittonal Information on Expected Useful Life can be found at wwwhiud,gov. Item Date Last Replaced Condition*Expected Replacement Date Example: Water Heater 'My 20W May2O20. Furnace Feb 2001 F 2030 Water Heater June 2uuti G Kitchen Appliances 2015 N 2030 Laundry Appliances 2012 N 2027 Smoke Alarms/ Carbon Monoxide Aarnis 2015 0 2018 sxtei1or Item _ PairttlSiding 2002 0 2022 Windows F 2020 Roof 2005 G 2030 Fence 1995 0 205 Shed Garage 198 --2040 Driveway 2001 0 2026 Sidewalks Other: Coiiditiri Abbreviations:ciothG FirF Needs RepImantR Pa go 41 Type Wtt& UcGnaa Miga ll6 n Plan, Riw. 444- S Cityof fle1Iyn Ceitti—uth1tug and Conumnity tanaa fleptment vmw,obrolyncenter.org 6301 Shingle Creek Parkway, roodyn Center, MN 40419 I Phn: (76 $-O I TTY 711 I Fax:(7) 63O JILDING AND COMMUNITY STAAR1S Cityaf FBROOKL" 14201 Winchester Lane CENTER Center MN 542 Rental License Mitigation Plan Type Pt License Sectons C=Seps to improve Management and Conditions of Properly The items in this section have been proven to assist with property management and property image The following actions are required: 1) Check-in with tenants every 3O-days IZI 2) Drive by property to check for possible code violations. 3)Evict tenants in violation of the lease or any addendums. 4)Remain currant on all utility fees, taxes, assessments, fines, penalties, and other financial claims/payments due to the City. El 5) Other The following actions are optional unless required by the City. U 1) Provide lawnisnow service. [ 2) Provide garbage service. [J 3) Install security system. 4) Provide maintenance service plan for appliances. Name of service company D 5) Other: If the Type IV-13 Month Rental License is approved by the City Council, the licensee must comply with the approved Mitigation Plan and all applicable City Codes. A written report must be submitted by the 10th day of each month with an update of actions being taken by the owner andfor agent to comply with this Mitigation Plan. A copy of the Monthly Update can be found on page 7. A fillable form can be found on the City's website at www.cityofbrooklyncenter.org or call (763) 569-3330 to have an electronic copy sent to you via email. Please attach additional information if necessary. POG Type IV Ranial L!n M jiJoi' fl'R ev. 4.144 CityofBrokIyn Cent Buthin and Commtnity Stndaid DExhnet 6301 Shingla crk Pkwsy, ergcIdyn Cerier, LW 554302199 1 Phone: (7) 5-330 I TTY: 711 1 Fax: (73) 569.3360 BUILDING AND COMMUNITY STANDARDS XIEBIROCO"WLYN Rental License Mitigation PlanCENTER- - Type IV Sign and Verify verify that all information provided is true and accurate I understand that If I do not comply with the approved Mitigation Plan, comply with all items within the license period, or operate beyond the license expiration dale, enforcement actions such as citations, formal complaints, or license review may result. Erla SoI F'oehler Special Needs Trust, ES Peli1er Owner orAgcnf Name Crx! TWO (Please Print) -Eric S Poe hi er 1212/2O5 - thvnerorAgenl Signature Data Additional OorA gent Name and The (if Applkabk, Please Print) AdcIiVonal Owner or Agent Signature (If Applicable) Date City $aff Only ç4:4r'€ &. PoliceDepartment - / Dale's L2/i//T ildin d L(oimnunhtY taedan1s DepMruer?t Dte page 61c, Type TV Rantal Uce.nse Affligatior? Pica Rim 4-14-15 Vlty e!Boo11yn Centar—Bu1iBg antd Commun%ftyStadada Lepaxtmen ri brok]crneroi D1 Shle Creek Par1way, eokIyn Centhr, MN s4sa-21es I Phore: (76) 5t--?3O I TTY: 711 I Fax(i85) -2Q City Council Agenda Item No. lOb COUNCI{L I[ThM MEMORANDUM DATE: January 19, 2016 TO: Curt Boganey, City Manager FROM: Sharon Kn utson, City Clerk aaw 4^m^ SUBJECT: Mayoral Appointment of Member to Serve on Park and Recreation Commission Recommendation: It is recommended that the City Council consider ratification of the Mayoral appointment of Judy Thorbus, 6265 Brooklyn Drive, to the Park and Recreation Commission with term to expire December 31, 2018. Background: The Park and Recreation Commission is composed of a chairperson and six members. There is one vacancy on the Commission. Notice of vacancy on the Commission was posted at City Hall and Community Center and on the City's website and aired on Cable Channel 16 from December 8, 2015, through January 8, 2016. A letter was sent to those persons who previously had submitted an application for appointment to a Brooklyn Center advisory commission informing them of the vacancy and requesting that they call the City Clerk if they are interested in applying for the Commission. They were given the choice of either submitting a new application or having their application previously submitted considered. Notices were also sent to current advisory commission members. A copy of the application received was forwarded to City Council Members in the January 15 2016, update. Attached for City Council Members only is a copy of the application received: Judy Thorbus 6265 Brooklyn Drive The applicant was notified that her application for appointment would be considered at the January 25, 2016, City Council meeting. Mayor Willson recommends appointment of Judy Thorbus. Ms. Thorbus is a current member of the Housing Commission and has notified that she will resign from the Housing Commission to accept the appointment to the Park and Recreation Commission. As previously requested by the City Council, the City Advisory Commission Bylaws are not included in the materials but can be found on the City's website at www.cityofbrooklyncenter.org . The membership roster is also available at this site and in the City Council Reference Book. Budget Issues: There are no budget issues to consider. 41issioi,: Ensuring on attractive, clean, safe community that enhances the quality of life and preserves the public trust P.S.A. 1 Travis Bonovsky Jill Dalton Thomas Shinnick P.S.A. 2 I Gail Ebert Jerome Witalka P.S.A. 3 I I Bud Sorenson P.S.A. 4 I Judy Thorbus P.S.A. 5 IJiiI'kLbR1 IIb Work Session Agenda AGENDA CITY OF BROOKLYN CENTER CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION January 25, 2016 Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M. Council Chambers City Hall A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. ACTIVE DISCUSSION ITEMS 1.TH 252 Corridor Study Update 2.Updates on the EDA's Purchase Agreement and Draft Tax Increment Agreement Associated with The Sanctuary at Brooklyn Center Senior Living Project (6121 Brooklyn Boulevard) 3.Review of the Conceptual Development Plans and Vision Proposed by Sand Development for a Market Rate Apartment Development within the Southern Portion of the Opportunity Site 4.2016 Legislative Priorities 5. Transmitting Housing Commission Curbside Cleanup Request PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1.Paperless Packets Report 2.Opportunities for Small and Diverse Businesses 3. New Rental Dwelling License Moratorium Work Session Agenda Item No. 1 IkA I DIY4 (fi 1II I1Ih' I]JJ[J I JLO) 1 I *'L1 (I]l DATE: January 19, 2016 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer $-- SUBJECT: TH 252 Corridor Study Update Recommendation: It is recommended that the City Council consider providing direction to staff regarding civic engagement pertaining to the Trunk Highway (TH) 252 Corridor Study. Background: On March 9, 2015, the City Council held a Work Session to discuss the TH 252 project status including corridor alternatives, public involvement measures and to discuss a strategy in developing a final preferred alternative for the City to support and endorse as we proceed. Since then the following work has been advanced: • Minnesota Department of Transportation (Mn/DOT) has developed traffic modeling for the multiple corridor alternatives. • Mn/DOT has developed detailed concept layouts for several of the alternatives. • Hennepin County has committed to take over the Freeway Conversion Study from Mn/DOT as the lead agency, committing $200,000 to perform the study. • City staff and WSB Consulting have developed final draft alternative exhibits (see attached). • City has coordinated final public outreach measures (open house and questionnaire) to complete the City's corridor study. The three open houses are scheduled on Tuesday, Wednesday, Thursday (January 26-28, 2016) to discuss the final alternatives with stakeholder/residents. Three nights have been scheduled to accommodate the anticipated larger crowds, sending direct invites to a large area east of Humboldt Avenue and north of 1-94/1-694 within Brooklyn Center, totaling approximately 2,000 direct mailings. The open houses will be held at the new Water Treatment Plant located at 7110 Camden Avenue from 5:30 p.m. to 7 p.m. We are expecting to have direct one on one conversions at the open houses with a supplemental questionnaire to obtain the desired feedback. The next steps will then be to finalize the Brooklyn Center Feasibility Study; determine and provide a preferred interchange alternative to the City Council for formal consideration; proceed with interchange funding opportunities; and proceed with the more detailed Freeway Conversion Study led by Hennepin County. The goal of the Freeway Conversion Study is to develop a detailed geometric layout for the entire corridor, including determining a preferred alternative for the Brooklyn Park portion of the corridor north of 73'' Avenue similar to what the City of Brooklyn Center is doing as part of our current study south of 73' Avenue. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust I 10 1I WIhYA EI1BJ[SJ I JLI) 1 I *i1 (IIh'i Policy Issues: Does the City Council have any comments or questions pertaining to the process, alternatives, or final planned public engagement activities prior to considering a preferred alternative? Strategic Priorities: . Civic Engagement Mission: Ensuring an attractive, clean, S(j?, inclusive community that enhances the quall(v of lUe for all people aiul preserves the public trust Cit y of Brooklyn Center Rev. January 21, 2016 ( Trunk Highway (TH) 252 Questionnaire 1.Which area do you live in? (See map on back) A B C D E F Other - please describe 2.Do you believe that there are safety and/or congestion problems at the intersections along TH 252? Yes No 3.Should TH 252 be a freeway similar to TH 100, remain as it is (traffic signals, limited pedestrian/bicycle facilities), or is there another option that should be considered? Freeway Remain as is Other - please describe 4.Of the alternatives presented/developed to date, which option do you prefer? Why? A B D F None Other Why? If none, please describe what you believe to be the best option: 5.What street/access location would you prefer to use to access TH 252 in Brooklyn Center? 66th Avenue 70th Avenue 73'dAvenue Other - please describe 6.If you believe that improvements are needed, when do you think they should be implemented? 3-5years 5—lOyears 10+ years No improvements needed 7. Please provide additional comments below (attach additional pages if necessary): Please return by February 1, 2016, to the City of Brooklyn Center via email: publicworks@ci.brooklyn-center.mn.us or mail to: City of Brooklyn Center Engineering Division, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430. Thank you for your response! mAVENM Public Works - EngineeringTH 252 Questionaire January 21, 2016 Location 1\/lap 0 250 500 1,000 Feet Be n e fi t s · Sa f e b i k e a n d p e d e s t r i a n c r o s s i n g s o f T H 2 5 2 a t 6 6 t h , 7 0 t h a n d 7 3 r d ( o n b r i d g e s ) · Sa f e v e h i c l e a c c e s s t o T H 2 5 2 a t 6 6 t h a n d 7 3 r d · Mi n i m a l c h a n g e i n t r a f fi c p a t t e r n s i n r e s i d e n t i a l n e i g h b o r h o o d s · Ma i n t a i n s e x i s t i n g a c c e s s t o T H 2 5 2 f o r c o m m e r c i a l p r o p e r t i e s · Sp a c e a v a i l a b l e t o p r o v i d e s c r e e n i n g o f h i g h w a y f o r r e s i d e n t i a l p r o p e r t i e s . Im p a c t s · Re q u i r e s a c q u i s i t i o n o f 2 - 3 p r o p e r t i e s e a s t o f T H 2 5 2 a n d 4 p r o p e r t i e s w e s t o f T H 2 5 2 · 70 t h A v e n u e t r a f fi c a c c e s s t o T H 2 5 2 w o u l d b e r e r o u t e d t o 6 5 t h / 6 6 t h a n d 7 3 r d A v e n u e s f o r a c c e s s t o T H 2 5 2 · No n o r t h b o u n d T H 2 5 2 a c c e s s a t 7 3 r d A v e n u e 66 t h I n t e r c h a n g e a n d P a r t i a l A c c e s s to 7 3 r d A v e n u e CO N C E P T A BROOKLYN BROOKLYN CENTERCENTERBROOKLYN BROOKLYN PARKPARK N 1000’ Le g e n d - Church - School - City Owned Property 3 7 5 0 37 5 0 3 9 3 0 39 3 0 - E x i s t i n g A D T ( 2 0 1 1 - 2 0 1 5 ) - 2 0 4 0 A D T So u r c e : M n D O T - City Boundary - Increase in Traf fi c - ROW Acquisition- Commerical - Multi-Family Residential - Park and Ride Lot44004400680680 4 8 7 4 8 7 9 2 0 92 0 3350335066006600 9 7 0 09700 81008100 9 5 0 0 9 5 0 0 8 1 0 0 8 1 0 0 6 3 0 0 6 3 0 0 8 7 0 0 8700 3 2 0 0 3 2 0 0 1 6 5 0 1 6 5 0 4 0 5 0 4 0 5 0 5 2 305230 67 0670 8 6 0 86 0 1 2 7 0 12 7 0 421042101230012300 1 3 4 2 013420 99309930 6 9 0 0 6 9 0 0 5 8 3 0 5 8 3 0 4 4 9 0 4 4 9 0 4 0 0 0 4000 4 0 1 0 40 1 0 1 7 9 0 17 9 0 4 1 8 0 41 8 0 37503750 33503350 39303930 40704070 2 8 5 0 28 5 0 1 3 3 0 13 3 0 H u m b o l d t A v e n u e Humboldt Avenue W i l l o w L a n e Wi l l o w L a n e Brookdale DriveBrookdale Drive TH 94TH 94 7 0 t h Av e n u e70th Avenue 66th Avenue66th Avenue 73rd Avenue73rd Avenue W e s t R i v e r R o a d West River Road Be n e fi t s · Sa f e b i k e a n d p e d e s t r i a n c r o s s i n g s o f T H 2 5 2 a t 6 6 t h , 7 0 t h a n d 7 3 r d ( o n b r i d g e s ) · Sa f e v e h i c l e a c c e s s t o T H 2 5 2 a t 6 6 t h a n d 7 3 r d · Mi n i m a l c h a n g e i n t r a f fi c p a t t e r n s i n r e s i d e n t i a l n e i g h b o r h o o d s · Ma i n t a i n s e x i s t i n g a c c e s s t o T H 2 5 2 f o r c o m m e r c i a l p r o p e r t i e s · Sp a c e a v a i l a b l e t o p r o v i d e s c r e e n i n g o f h i g h w a y f o r r e s i d e n t i a l p r o p e r t i e s . · Fr o n t a g e r o a d a c c e s s a t 7 3 r d t o f u l l i n t e r c h a n g e a c c e s s t o n o r t h b o u n d T H 2 5 2 a n d f r o m s o u t h b o u n d T H 2 5 2 Im p a c t s · Re q u i r e s a c q u i s i t i o n o f 1 1 - 1 2 p r o p e r t i e s e a s t o f T H 2 5 2 a n d 4 p r o p e r t i e s w e s t o f T H 2 5 2 · 70 t h A v e n u e t r a f fi c a c c e s s t o T H 2 5 2 w o u l d b e r e r o u t e d t o 6 5 t h / 6 6 t h a n d 7 3 r d A v e n u e s f o r a c c e s s t o T H 2 5 2 · Ad d i t i o n a l b r i d g e c o s t N 66 t h S t r e e t I n t e r c h a n g e a n d S p l i t D i a m o n d 73 r d A v e n u e a n d B r o o k d a l e D r i v e CO N C E P T B BROOKLYN BROOKLYN CENTERCENTERBROOKLYN BROOKLYN PARKPARK N 1000’ Le g e n d - Church - School - City Owned Property 3 7 5 0 37 5 0 3 9 3 0 39 3 0 - E x i s t i n g A D T ( 2 0 1 1 - 2 0 1 5 ) - 2 0 4 0 A D T So u r c e : M n D O T - City Boundary - Increase in Traf fi c - ROW Acquisition- Commerical - Multi-Family Residential - Park and Ride Lot44004400680680 4 8 7 4 8 7 9 2 0 92 0 3350335066006600 9 7 0 09700 81008100 9 5 0 0 9 5 0 0 8 1 0 0 8 1 0 0 6 3 0 0 6 3 0 0 8 7 0 0 8700 3 2 0 0 3 2 0 0 1 6 5 0 1 6 5 0 4 0 5 0 4 0 5 0 640 06400 60 0600 7 8 0 78 0 8 4 0 84 0 692069201147011470 1 2 0 5 012050 1011010110 7 2 2 0 7 2 2 0 5 5 1 0 5 5 1 0 4 1 6 0 4 1 6 0 3 3 8 0 3380 4 2 8 0 42 8 0 1 2 9 0 1 2 9 0 4 3 4 0 43 4 0 37503750 33503350 50805080 36203620 2 8 5 0 28 5 0 5 5 4 0 55 4 0 H u m b o l d t A v e n u e Humboldt Avenue W i l l o w L a n e Wi l l o w L a n e Brookdale DriveBrookdale Drive TH 94TH 94 7 0 t h Av e n u e70th Avenue 66th Avenue66th Avenue 73rd Avenue73rd Avenue W e s t R i v e r R o a d West River Road 73 r d A v e n u e I n t e r c h a n g e Be n e fi t s · Sa f e p e d e s t r i a n a n d b i c y c l e a c c e s s a c r o s s T H 2 5 2 a t 6 6 t h , 7 0 t h a n d 7 3 r d ( o n b r i d g e s ) · Sa f e v e h i c l e a c c e s s a c r o s s a n d t o T H 2 5 2 a t 7 0 t h Im p a c t s · Re q u i r e s a c q u i s i t i o n o f 9 p r o p e r t i e s e a s t o f T H 2 5 2 a n d n o p r o p e r t i e s w e s t o f T H 2 5 2 . A d d i t i o n a l r o a d w a y e a s e m e n t s w o u l d a l s o n eed to b e a c q u i r e d f o r p o t e n t i a l 7 0 t h A v e n u e a n d 7 3 r d A v e n u e I m p r o v e m e n t s . · Si g n i fi c a n t c h a n g e i n t r a f fi c p a t t e r n s – m o r e t r a f fi c on West River Rd and 70th Avenue, and on neighborhood residential streets leading to 7 0 t h A v e n u e . · Ne e d t o w i d e n 7 0 t h A v e n u e a n d 7 3 r d A v e n u e t o a c c o m m o d a t e i n c r e a s e i n t r a f fi c · Lo s s o f a c c e s s t o T H 2 5 2 f o r c o m m e r c i a l p r o p e r t i e s · Ch a n g e o f C a m d e n A v e n u e w i t h i n c r e a s e i n t r a f fi c to collector CO N C E P T D BROOKLYN BROOKLYN CENTERCENTERBROOKLYN BROOKLYN PARKPARK N 1000’ Le g e n d - Church - School - City Owned Property 3 7 5 0 37 5 0 3 9 3 0 39 3 0 - E x i s t i n g A D T ( 2 0 1 1 - 2 0 1 5 ) - 2 0 4 0 A D T So u r c e : M n D O T - City Boundary - Increase in Traf fi c - ROW Acquisition- Commerical - Multi-Family Residential - Park and Ride Lot44004400680680 4 8 7 4 8 7 9 2 0 92 0 3350335066006600 9 7 0 09700 81008100 9 5 0 0 9 5 0 0 8 1 0 0 8 1 0 0 6 3 0 0 6 3 0 0 8 7 0 0 8700 3 2 0 0 3 2 0 0 1 6 5 0 1 6 5 0 4 0 5 0 4 0 5 0 448 04480 13 2 01320 9 8 0 98 0 8 9 0 89 0 966096601070010700 4 3 7 04370 1006010060 8 1 5 0 8 1 5 0 5 9 6 0 5 9 6 0 4 6 2 0 4 6 2 0 4 1 2 0 4120 6 7 9 0 67 9 0 1 5 5 0 1 5 5 0 3 8 2 0 38 2 0 37503750 33503350 55305530 37903790 2 8 5 0 28 5 0 7 8 3 0 78 3 0 H u m b o l d t A v e n u e Humboldt Avenue W i l l o w L a n e Wi l l o w L a n e Brookdale DriveBrookdale Drive TH 94TH 94 7 0 t h Av e n u e70th Avenue 66th Avenue66th Avenue 73rd Avenue73rd Avenue W e s t R i v e r R o a d West River Road 70 t h A v e n u e I n t e r c h a n g e Be n e fi t s · Sa f e p e d e s t r i a n a n d b i c y c l e a c c e s s a c r o s s T H 2 5 2 a t 6 6 t h , 7 0 t h a n d 7 3 r d ( o n b r i d g e s ) · Sa f e v e h i c l e a c c e s s a c r o s s a n d t o T H 2 5 2 a t 7 0 t h A v e n u e Im p a c t s · Re q u i r e s a c q u i s i t i o n o f 9 - 1 0 p r o p e r t i e s e a s t o f T H 2 5 2 a n d 1 p a r t i a l p r o p e r t y w e s t o f T H 2 5 2 . A d d i t i o n a l r o a d w a y e a s e m e n t s wo u l d a l s o n e e d t o b e a c q u i r e d f o r p o t e n t i a l 7 0 t h A v e n u e I m p r o v e m e n t s . · Si g n i fi c a n t c h a n g e i n t r a f fi c p a t t e r n s – m o r e t r a f fi c on West River Rd and 70th Avenue, and on neighborhood residential st r e e t s l e a d i n g t o 7 0 t h A v e n u e . · Ne e d t o w i d e n 7 0 t h A v e n u e t o a c c o m m o d a t e i n c r e a s e i n t r a f fi c · Lo s s o f a c c e s s t o T H 2 5 2 f o r c o m m e r c i a l p r o p e r t i e s a n d h i g h d e n s i t y r e s i d e n t i a l p r o p e r t i e s a l o n g 6 6 t h . T h e v i a b i l i t y o f t h e co m m e r c i a l p r o p e r t i e s w o u l d b e c h a l l e n g i n g , p o t e n t i a l l y r e q u i r i n g a d d i t i o n a l a c c e s s i m p r o v e m e n t s , w e s t f r o n t a g e r o a d , e t c . CO N C E P T F BROOKLYN BROOKLYN CENTERCENTERBROOKLYN BROOKLYN PARKPARK N 1000’ Le g e n d - Church - School - City Owned Property 3 7 5 0 37 5 0 3 9 3 0 39 3 0 - E x i s t i n g A D T ( 2 0 1 1 - 2 0 1 5 ) - 2 0 4 0 A D T So u r c e : M n D O T - City Boundary - Increase in Traf fi c - ROW Acquisition- Commerical - Multi-Family Residential - Park and Ride Lot44004400680680 4 8 7 4 8 7 9 2 0 92 0 3350335066006600 9 7 0 09700 81008100 9 5 0 0 9 5 0 0 8 1 0 0 8 1 0 0 6 3 0 0 6 3 0 0 8 7 0 0 8700 3 2 0 0 3 2 0 0 1 6 5 0 1 6 5 0 4 0 5 0 4 0 5 0 531 05310 46 0460 1 3 0 0 13 0 0 1 6 3 0 16 3 0 9709701195011950 4 6 6 04660 94709470 8 3 8 0 8 3 8 0 5 8 5 0 5 8 5 0 4 4 7 0 4 4 7 0 3 8 6 0 3860 6 1 9 0 61 9 0 1 2 5 0 1 2 5 0 3 6 5 0 36 5 0 37503750 33503350 64706470 39303930 2 8 5 0 28 5 0 1 0 6 1 0 10 6 1 0 H u m b o l d t A v e n u e Humboldt Avenue W i l l o w L a n e Wi l l o w L a n e Brookdale DriveBrookdale Drive TH 94TH 94 7 0 t h Av e n u e70th Avenue 66th Avenue66th Avenue 73rd Avenue73rd Avenue W e s t R i v e r R o a d West River Road TH 252 Corridor Study - Update City of Brooklyn Center City Council Work Session January 25, 2016 Issues –Existing Conditions New 2015 Top 200 Statewide Intersections Ranked Crash Cost 2012-2014 data2008-2010 data 2. 73Ave3.66Ave rd th 11.66Ave8.Humboldt Ave th 17.85Ave28.85Ave thth 133. Humboldt Ave69.Brookdale Dr 161.Brookdale Dr141.70Ave th 186.70Ave169.73Ave thrd Access Options Questionnaire Next Steps Public Involvement –Open Houses \[Does • City Council have comments?\] Finalize report • City Council approval of report February 8, • 2016 \[BC’s preferred option identified\] Spring 2016 Federal Funding Solicitation \[BC • to submit preferred Alternative funding application\] Hennepin Co. Freeway Conversion Study for • TH 252 Work Session Agenda Item No. 2 MEMORANDUM - COUNC]IIL WORK SESSI{ON DATE: January 25, 2016 TO: Curt Boganey, City Manager FROM: Gary Eitel, Director of Business & Development )-' SUBJECT: Updates on the EDA's purchase agreement and draft tax increment agreement associated with the Sanctuary at Brooklyn Center Senior Living Project. The purpose of this work session item is to provide the City Council with an update on the draft purchase agreement, status of the tax increment agreement, and the financing structure for the Sanctuary at Brooklyn Center Senior Living Project. Jenny Boulton, Kennedy & Graven, will be providing an overview of documents that are being prepared for the EDA's consideration of the purchase agreement at the February 8, 2016 EDA Meeting and the future approval of the project's Tax Increment Development Agreement. Background: On March 9, 2015, the City Council/EDA Work Session included a discussion on the potential sale and redevelopment of approximately 5.5 acres of EDA owned properties, located at 6121, 6107 and 6101 Brooklyn Boulevard for an affordable assisted care senior apartment development consisting of the following: • a four story apartment building with 140, one-bedroom senior assisted care units; and • a one story building with 24 studio units offering specialized assisted care for seniors. The City Council/EDA reviewed a conceptual plan overlaid on an aerial photograph of the site and a narrative provided by SCA Properties and Evergreen Real Estate Development Corporation describing their plans to develop and operate an affordable assisted senior housing project using Low Income Housing Tax Credits and Medicaid Elderly Waiver reimbursements. The City Council/EDA determined the conceptual development illustrated by SCA Properties was consistent with the EDA's development vision for this site, and that Staff was directed to proceed with negotiating a Letter of Intent with SCA Properties for the development of an affordable assisted care senior housing project. On March 23, 2015, the EDA adopted Resolution No. 2015-06, a Resolution Approving a Letter of Intent to Purchase with SCA Properties, LLC regarding 6121 Brooklyn Boulevard, 6107 Brooklyn Boulevard and 6101 Brooklyn Boulevard. The March 23 rd staff memorandum recognized a financial gap of approximately $2,000,000 that was intended to be addressed during the Negotiations and Feasibility Period. Mission: Ensziiing an attractive, clean, safe, inclusive colnlnunitj' that en/maces the quality of life - for all people and preserves the public trust k'A I M'A 0] 1II a1IiYA i1i1SJ[iJ I "LS) 1 C4I aEii (I)I At the August 10, 2015 work session, the City Council/EDA was informed that the funding gap had grown to $3,000,000 and that efforts to secure other financial support were unsuccessful. The following funding strategy was proposed for City Council/EDA's consideration: 1.The developer will address $1.5M of the gap by deferring 50% of their development fee; and 2.The creation of a TIF Housing District with a Pay-As—You-Go Note would provide the remaining $1.5 M cash needed, plus $300,000 for the future acquisition of two adjacent properties. The new negotiations also provided a revised site layout with the developer proposing that the development would be limited to the 6121 Brooklyn Boulevard site (4.5 acres acquired for $1,500,000) and that the EDA's conveyance of the land would be in the form of a 2nd mortgage with provisions for a repayment formula from the sales proceeds of a future sales. Additionally, Tom Denaway, Springsted Financial, provided a memorandum on the need for assistance (But For Test) and exhibits illustrating how the project will generate tax increment, a cash flow analysis over the term of the district, and a payment schedule for the Pay-As-You-Go Note, and a schedule for the creation of a new Tax Increment Housing District. On October 26, 2015, the City Council conducted a public hearing on establishing a new Affordable Housing TIF District for this senior housing project. After conducting the public hearing, the Council moved to adopt Resolution No. 2015-163, a Resolution 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). The EDA also adopted a companion resolution, Resolution No. 2015-24. A copy of the map identifying TIF District No. 6 and an updated memorandum on the need for assistance (But-For-Test) to reflect the revised project and source of financing is enclosed. Draft Purchase Agreement for Lot 1, Block 1 Chrysler Motors Corporation 2IId Addition The purchase agreement establishes the price for this 4.5 acre lot at $1,500,000 and provides for the following conditions that the buyer, SCA Properties, LLC, will need to complete and deliver to the City no later than September 30, 2016: (i)A Purchase Price Promissory Note in the $1,500,000 and a Purchase Price Mortgage as approved by the City Attorney. (ii)A title insurance policy (iii)Approved plans, specifications, drawing and related documents for the construction of the minimum improvements consistent with the PUD (iv)Evidence that they have closed on construction financing for the project and certify that there are sufficient funds and equity commitments to complete the construction of the Project (v) The Declaration of Restrictive Covenants as defined in the TIF Development Agreement Mission: Ensuring an i,#,ywgi, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust k'A I ak'A (I) 1II IJYA EI1IJ[iJ I 'LI) 1 C4bi *'i1 (I)l (vi)The PUD Agreement (vii)The TIF Development Agreement The execution of the purchase agreement at this time provides the developer with sufficient control of the site to proceed with funding applications for the tax credit bonds and private placement bonds proposed to finance this project. Draft TIF Development Agreement By and Between Economic Development Authority of Brooklyn Center, Minnesota and SCA Properties, LLC The TIF Development Agreement is the comprehensive document which includes all of the elements of the development project including: - Article I Definitions - Article II Representations and Warranties - Article III Conveyance of the Development Property - Article IV Construction of Minimum Improvements - Article V Tax Increment Assistance - Article VI Encumbrance of the Development Property - Article VII Insurance and Maintenance - Article VIII Transfer Limitation and Indemnifications - Article IX Events of Defaults and Damages - Article X Additional Provisions - Exhibits A-J Documents referenced within the Agreement. Jenny Boulton will provide a brief overview of the components of the TIF Development Agreement that is being assembled for this project. For your reference the following sections of the draft agreement have been included at this time: - Introduction and Table of Contents - Article I, Definitions - Article V, Tax Increment Assistance Section 5.6 of Article V, Use of Tax Increment, identifies that the EDA shall be free to use Tax Increment, other than the Available Tax Increment herein pledged to the payment of the TIF Note, for any other purpose for which the Tax Increment may lawfully be used pursuant to applicable provisions of the Minnesota law. This provision provides the EDA with the option to use the Excess Tax Increment identified within Tax Increment District No. 4 for the debt service payments (2016-2020) for the 2013 TIF Bonds issued to acquire this site in lieu of the current use of TIF 3 Housing Funds. Policy Issues: The purpose of this work session item is to inform the City Council/EDA of future considerations and pending actions related to the Sanctuary at Brooklyn Center Senior Housing Project. There are no policy issues at this time. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public (rust k4 I DY4 (I) UI I1BJA EWJ[IJ I ALI)1 SI *f1IikI Strategic Priorities: Targeted Redevelopment Mission: Ensuring an attractive, clean, safe, inclusive colninwuty that enhances the quality of ilfe for al/people and preserves the public trust Housing Development and Redevelopment Project No. 01 and Tax Increment Financing (TIF) District No. 6 e . •A• • • .B C D E F__ - _ - _ _ _ _ _• • • • _ • _ _ _ _G]I - -•11 / mm — £ TT1r \ V / LOCAL STREET 4INDEX it 6 4 / 6201 Fl 6121 it 7 6107 \^ANGSTA,, 3600 6101PARK 0 ----- Project Area Boundary TIF District No.6(?/ ,Q erf N BROOKLYN W -E ''ENTER 005 05 V Created 0C Bc00050n Center Roofless and Development DepnlOIODocument Path: L.tUoers\ComoevlrlFareasttlf_DISTRICT_ttO_6.med Sprinqsted Springsted Incorporated 380 Jackson Street, Suite 300 Saint Paul, MN 55101-2887 Tel: 651-223-3000 Fax: 651-223-3002 www.springsted.com MEMORANDUM TO: Gary Eitel, Business and Development Director FROM: Tom Denaway, Assistant Vice PresidentlConsultant DATE: January 19, 2016 SUBJECT: Brooklyn Center Affordable Assisted Living - Need for Assistance Determination At the request of the City we have prepared this determination of the potential need for financial assistance for an affordable housing assisted living project, to be located on the former Cars with Heart" site at 6121 Brooklyn Boulevard in the City of Brooklyn Center. The Developer SCA Properties is proposing the development of an approximately 158 unit affordable senior housing facility on the development site, for which they are seeking financial assistance from the City in the form of land donation and Tax Increment Financing (TIF) assistance. Project Description The Developer is proposing the construction of an affordable senior assisted living facility of approximately 158 total units. The project will include a mix of service types with approximately 130 units set aside for assisted living, and 28 units set aside for special needs residents. The assisted living units will be a mix of studio and one-bedroom units, ranging in size from 400 square feet to 575 square feet. While the special need units will be approximately 400 square feet. The Developer will be seeking MHFA tax credit assistance, which will require the development to maintain the units as available for persons of low and moderate income, Additionally, as a result of the use of tax credits the project will receive a 4d property tax classification, which will result in a lower tax capacity and subsequently a lower property tax expense. The Developer is anticipating construction beginning in 2016, with first occupancy occurring in approximately September of 2017, and the project achieving full occupancy in 2019. Assistance Request The Developer is seeking assistance from the City in two potential forms: Land Contribution: - The Developer is seeking the contribution of the land from the City for the development of the site. This land contribution is projected to have an anticipated value of approximately $1.5 million based on the City's original purchase price for the property. The Developer has agreed to accept the land contribution as a loan from the City, secured by a subordinate second mortgage on the project. The proposed loan would be made at an interest rate of 0%, and repayment of the principal amount of the loan ($1.5M) would occur on a cash available basis upon sale of the property by the Developer. This anticipated sale is expected to occur at a period of fifteen or more years from project initiation. The City would be able to receive repayment on the loan from 50% of the residual proceeds available after repayment of the first mortgage outstanding and all closing costs, up to the basis of $1.5M. Based on the proposed terms the City would be eligible to be repaid the $1.5M value of its land contribution to the project, pending the future performance of the project. Pay-As-You-Go TIF Assistance: - The Developer is seeking Tax Increment Financing (TIF) assistance from the City through the creation of an affordable housing TIF District on the development site. The creation of the TIF District would allow them to seek TIF assistance from the City in a principal amount of $1.8M. The Developer has indicated the TIF assistance is necessary to achieve the underwriting standards required by the anticipated project financing through the issuance of conduit debt housing bonds. Additionally, the Developer has agreed to provide the City with $300,000 to be used towards the City's acquisition of the two adjacent residential properties. In total the anticipated principal amount of the TIF assistance is $1,800,000, subject to TIF revenue capacity. Since the Developer is seeking the reimbursement of these costs on a pay-as-you-go basis, they will be responsible for funding these costs up-front and will receive TIF assistance over time to reimburse them for the principal amount of the assistance, plus interest carrying cost on these expenditures. The City will be obligated to reimburse the Developer from 97.5% of the annually captured TIF revenue, up to the point at which the pay-as-you-go note was repaid. The City would not be obligated to make any reimbursement payments in excess of the 97.5 percentage of the annually generated TIF Revenue, as defined in a development agreement. The structure of this TIF assistance on a pay-as-you-go basis puts all potential repayment risk and future TIF District performance on the Developer and does not obligate the City to make any additional payments in the event that future TIF revenue is less than currently projected. Conversely, in the event that TIF revenue is greater than projected, the pay-as-you-go note would be repaid early and the District could be decertified and the property placed back on the general property tax rolls. Need for Assistance Request Evaluating affordable housing tax credit projects requires a bit of a unique perspective in evaluating the need for potential public financial assistance. Given the nature of these projects, and the significant transaction fees incurred as part of the tax credit process and the additional third-party equity the tax credits provide, we typically evaluate the need for assistance on the basis of project feasibility with and without the requested TIF assistance. In these cases we evaluate project feasibility on the basis of the project's ability to secure private financing for project costs not funded by tax credit equity. The Developer provided us with a detailed listing of the sources and uses for the project, an operating pro forma, and a breakout of anticipated operating revenues and expenses. In outlining the anticipated sources of funds, the Developer detailed the anticipated underwriting standards necessary to achieve placement of the private financing of the project, which is projected to occur through the issuance of conduit housing bonds. The Developer is anticipating that this debt will be issued with an approximately 5,75% interest rate over a 40-year repayment term, and will require a minimum Debt Coverage Ratio (DCR) of 1.35x. The DCR is the amount by which projected net operating income (after property taxes) exceeds the projected annual debt-service amount. In the underwriting of financing through this program, the Developer has to illustrate the net operating income of the project exceeds the anticipated debt- service amount by a factor of 1.35 times. The Developer prepared a pro forma illustrating the project, with assistance, was capable of supporting private financing of $24,600,000 while achieving the necessary DCR of 1.35x. This with assistance scenario is based on the Developer being able to capitalize the TIF pay-as-you-go note in an up-front amount of approximately $1,650,000. Based on this capitalized TIE amount, the Developer is able to achieve the underwriting standards necessary to finance the project based on a private debt obligation of $24,600,000. Conversely, without assistance the private debt amount would be increased by the anticipated up-front value of the TIE note of $1,650,000, to a total of approximately $26,250,000. In this without assistance scenario, the Developer's pro forma would only be capable of achieving a DCR of 1.277x, as a result of the increased debt amount due to the due to the lack of TIE assistance. The lower DCR of this without assistance scenario, is below what would be necessary to achieve private financing of the project. Therefore, as a result of using the DCR and the underwriting standards necessary to secure private financing as a measure of project feasibility, we can determine that the project would be unlikely to proceed but-for the requested TIF assistance. i D1 Will I l I] J1111 ioj L1 This Agreement of Purchase and Sale (the "Agreement") is made and entered into this day of , 2016 (the "Effective Date"), by and between the Economic Development Authority of Brooklyn Center, Minnesota, a body politic and corporate organized and existing under the Constitution and laws of the State of Minnesota (the "Seller") and SCA Properties, LLC, a Florida limited liability company, or permitted assigns (the "Purchaser"). This Agreement sometimes refers to Seller and Purchaser individually as a "Party" and collectively as the "Parties." 1.Development Property. The real property that is the subject of this Agreement is located in the City of Brooklyn Center, Hennepin County, Minnesota (the "City") consisting of: (a) the land legally described in Exhibit A attached hereto (the "Land"); (b) any water or mineral rights owned by, or leased to, Seller; (c) any property that accrues to the Land as a result of the vacation of adjacent rights of way; and (d) all improvements and personal property, if any, located on the land (collectively, the "Development Property"). 2.Purchase and Sale. Seller agrees to sell and convey the Development Property to Purchaser pursuant to the terms of this Agreement, and Purchaser agrees to purchase the Development Property from Seller pursuant to the terms of this Agreement. 3.Purchase Price. The purchase price (the "Purchase Price) to be paid to the Seller by the Purchaser for the Development Property is ONE MILLION FIVE HUNDRED THOUSAND AND 00/100 DOLLARS ($1,500,000). The Purchase Price shall be paid on the Date of Closing (as defined below) by the delivery of a promissory note (the "Purchase Price Note") which is in substantially the form attached hereto as Exhibit B in the amount of the Purchase Price and which is secured by that certain Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Financing Statement, which is in substantially the form attached hereto as Exhibit C, dated as of the Date of Closing, by the Purchaser in favor of the Seller (the "Mortgage"). 4.Earnest Money. There shall be no earnest money or other deposit required pursuant to this Agreement. 5. Conveyance Terms. Upon Purchaser's full performance of Purchaser's obligations under this Agreement, Seller must execute and deliver to Purchaser a Quit Claim Deed conveying fee title to the Development Property to Purchaser subject only to: (a)Building, zoning and subdivision statutes, laws, ordinances and regulations; (b)Reservations of minerals or of mineral rights in favor of the State of Minnesota, if any; (c) The lien of real estate taxes and special assessments not yet due and payable; 468986v6 J5B BR291-353 (d)Covenants, conditions, restrictions, easements, encumbrances or other defects in title which are disclosed by the Evidence of Title, as defined in Section 9, and which are not the subject of an Objection, as defined in Section 10, or which are the subject of an Objection that Purchaser has waived pursuant to the provisions of Section 10(b); (e)Right of Reentry as described in the Quit Claim Deed attached as Exhibit La (hereinafter, collectively, the "Permitted Encumbrances"). 6.Possession. Upon Purchaser's full performance of Purchaser's obligations under this Agreement, Seller must deliver possession of the Development Property to Purchaser. 7.Closing. The Parties must meet at the offices of Seller at 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota on the date 60 days following the Purchaser's delivery of written notice to the Seller that the Purchaser intends to close on the purchase of the Land, or such other date as the Parties may establish by written agreement, but in no event later than September 30, 2016, (the "Date of Closing"), at which time: (a) Seller must: (i)execute and deliver to Purchaser the deed described in Section 5 above. Seller will include on the deed the statement "The Seller certifies that the Seller does not know of any wells on the described real property." (ii)execute and deliver to Purchaser and Purchaser's title insurer, if any, an appropriate Minnesota Uniform Conveyancing Blank Form Affidavit evidencing the absence of bankruptcies, judgments, tax liens involving parties with the same or similar names as the Seller and evidencing the absence of mechanic's lien rights affecting the Development Property, unrecorded interests affecting the Development Property, persons in possession of the Development Property and known encroachments or boundary line questions affecting the Development Property; (iii)execute and deliver to Purchaser a non-foreign affidavit in recordable form containing such information as is required under IRC Section 1445(b)(2) and any regulations relating thereto; (iv)provide Purchaser or Title, as defined in Section 8, with the information necessary to complete a Minnesota Certificate of Real Estate Value; (v)deliver to Purchaser the Date Down Certificate described in Section 12; (vi)pay or provide evidence of payment of the real estate taxes and, if applicable, levied or pending special assessments pursuant to the provisions of Section 11; 2 468986v6 JSB BR291-353 (vii)execute and deliver the TIF Development Agreement, between the Seller and the Purchaser (the "TIF Development Agreement"); (viii)execute and deliver the PUD Agreement (as defined in the TIF Development Agreement); and (ix) execute and deliver the TIF Note (as defined in the TIF Development Agreement). (b) Purchaser must: (i)execute and deliver to Seller the Purchase Price Note in the amount of $1,500,000 and in substantially the form attached as Exhibit B and execute and deliver to Seller the Mortgage in substantially the form attached as Exhibit C; (ii)pay or provide evidence of payment of the following: the premium for Purchaser's owner's policy of title insurance, if any; the charges for any endorsements to Purchaser's title insurance policy that Purchaser elects to purchase; the State Deed Tax due upon the execution of the deed described in Section 5; real estate taxes and, if applicable, levied or pending special assessments pursuant to the provisions of Section 11; mortgage registration tax due and payable upon recording of the Mortgage; all recording costs associated with recording all documents associated with this transaction; all costs associated with Purchaser's financing, if any, including mortgagee's title insurance policy costs and premiums, if any; and Title's fee(s) to conduct and insure the closing of this transaction; (iii)deliver to the Seller the plans, specifications, drawings and related documents for the construction of the Minimum Improvements consistent with the PUD (as such terms are defined in the TIF Development Agreement) to be located on the Development Property (the "Project") which shall be as detailed as the plans, specifications, drawings and related documents which are submitted to the building inspector of the City (the "Construction Plans") and the Seller shall have approved such Construction Plans in the manner set forth in Section 4.2 of the TIF Development Agreement and the City shall have approved a building permit for the construction of the Project; (iv)deliver to the Seller evidence that the Purchaser has closed on construction financing for the Project with the lender thereof in an amount which the Developer shall certify is sufficient, together with equity commitments, to complete construction of the Project in accordance with the Construction Plans approved by the Seller; (v)deliver to the Seller the Declaration (as defined in the TIF Development Agreement); (vi)execute and deliver the PUD Agreement; and 3 468986v6 JSB BR291-353 (vii) execute and deliver the TIF Development Agreement. 8.Title Commitment. The Purchaser may order, in Purchaser's sole discretion and at the Purchaser's expense, a commitment (the "Title Commitment") issued by any title insurance company acceptable to Purchaser ("Title"), for an owner's title insurance policy in the full amount of the Purchase Price, showing fee simple title to the Development Property in Seller. 9.Survey. Purchaser may order, in Purchaser's sole discretion and at the Purchaser's expense, a currently dated survey of the Development Property (the "Survey" and, together with the Title Commitment, "Evidence of Title"). The Survey may be prepared in accordance with the most current minimum detail and classification ALTAIASCM land title standards, and may include any Table A items that Purchaser may request. 10. Defects and Cure. Within twenty (20) business days of Purchaser's receipt of the last item of the Evidence of Title or within twenty (20) business days of Purchaser's discovery of a defect in Seller's title to the Development Property which defect was not reasonably ascertainable from the Evidence of Title, Purchaser may give Seller written notice of alleged defect(s) in Seller's actual and record title to the Development Property and request that Seller cure such defect(s) to Purchaser's satisfaction ("Objections"). The Permitted Encumbrances described in clauses (a), (b), (c) or (e) of Section 5 hereof may not serve as a basis for an Objection. Within twenty (20) business days of Seller's receipt of Purchaser's Objection(s), Seller must notify Purchaser, in writing, if Seller will attempt to cure such defect(s) to Purchaser's satisfaction on or before the Date of Closing. If Seller notifies Purchaser that Seller will attempt to cure such defect(s) to Purchaser's satisfaction, Seller must use commercially reasonable efforts to do so, but Seller has no obligation to commence a law suit or pay money to cure such defect(s) to Purchaser's satisfaction. If Seller notifies Purchaser that Seller does not intend to cure such defect(s) to Purchaser's satisfaction or if Seller notifies Purchaser that Seller intends to cure such defect(s) to Purchaser's satisfaction but is unable to do so on or before the Date of Closing, Purchaser must, on or before the Date of Closing, either: (a)terminate this Agreement pursuant to the procedures set forth in Section 20 below; or (b)notify Seller that Purchaser waives Purchaser's Objections. If Purchaser waives Purchaser's Objections, the matters giving rise to such Objections will be deemed a Permitted Encumbrance and the Parties must fully perform their obligations under this Agreement. If Purchaser makes an Objection and does not notify Seller of Purchaser's election to terminate this Agreement pursuant to subsection (a) above before Seller and Purchaser meet to close this transaction pursuant to Section 7, Purchaser will be deemed to have waived Purchaser's Objection. 11. Real Estate Taxes and Special Assessments. The Parties must pay the real estate taxes (which term, as used in this Agreement, includes service charges assessed against 4 468986v6 JSB BR291-353 real property on an annual basis pursuant to Minnesota Statutes 429.101) and special assessments as follows: (a)On or before the Date of Closing, Seller must pay the real estate taxes, and any installments of special assessments certified for payment therewith and any penalties and interest thereon that are due and payable in 2015 or prior calendar years with respect to the Development Property; (b)On or before the Date of Closing, Seller shall pay any and all installments of special assessments levied or pending against the Development Property as of the Date of Closing; and (c) Purchaser and Seller must pro rate the real estate taxes, if any, which are payable with respect to the Development Property in the year of closing on a per-diem basis using a calendar year, to the Date of Closing. 12. Seller's Representations. Seller makes the following representations to Purchaser, based solely upon the actual knowledge of Gary Eitel, in his capacity as Director of Business & Development of the City of Brooklyn Center, Minnesota, a municipal corporation under the Constitution and laws of the State of Minnesota: (a)Seller represents that there has been no labor or materials furnished to the Development Property for which payment has not been paid. (b)Seller represents that there are no unrecorded mortgages, contracts, purchase agreements, options, leases, easements or other agreements or interest relating to the Development Property. (c)Seller represents that there are no persons in possession of any portion of the Development Property other than pursuant to a recorded document or as may be disclosed on the Survey. (d)Seller represents that the Development Property and the improvements thereon, if any, are not in violation of any statute, law, ordinance or regulation. (e) Seller represents that there is no action, litigation, governmental investigation, condemnation or administrative proceeding of any kind pending against Seller, involving any portion of Development Property, and no third party has threatened Seller with commencement of any such action, litigation, investigation, condemnation or administrative proceeding. (if) Seller represents that there are no wells, as that term is defined in Minnesota Statutes, Section 1031.005, subd. 21, located on the Development Property. (g) Seller represents for purposes of Minnesota Statutes, Section 115.55, that there are no individual sewage treatment systems on or serving the Development Property and any sewage generated on the Development Property goes to a facility permitted by the Minnesota Pollution Control Agency. 468986v6 J5B BR291-353 (h) Seller represents for purposes of Minnesota Statutes, Section 152.0275, subdivision 2(m), that the Development Property has not been used for methamphetamine production. If, at any time prior to the Date of Closing, Seller acquires actual knowledge of events or circumstances which render the representations set forth in this Section 12 inaccurate in any respect, Seller must immediately notify Purchaser, in writing. At closing, an authorized representative of Seller must execute and deliver to Purchaser a certificate of Seller certifying that the representations contained in this Section 12 are true as of the Date of Closing or, if such representations are no longer true, describing, in detail, the reasons why the representations are no longer true (the "Date Down Certificate"). Should Purchaser determine that any of the above representations as set forth in this Section 12 are inaccurate in any respect, Purchaser may terminate this Agreement pursuant to the procedure set forth in Section 20 below, which shall be Purchaser's sole and exclusive remedy. 13. Purchaser's Representations. Purchaser hereby represents to Seller as follows: (a)The individuals executing this Agreement on behalf of Purchaser represent and warrant that they have the authority to execute this Agreement on behalf of Purchaser and to bind Purchaser. Purchaser represents that Purchaser has the full and complete authority to enter into this Agreement and to purchase the Development Property. (b)Purchaser represents that Purchaser has not engaged a real estate agent in connection with this transaction. 14. Purchaser's Inspection and "AS IS" Sale. At all times prior to the Date of Closing, Purchaser and its agents have the right, upon reasonable notice to Seller, to go upon the Development Property to inspect the Development Property and to determine the condition of the Development Property including, specifically, the presence or absence of Hazardous Substances, in, on, or about the Development Property. Purchaser agrees to indemnify and defend Seller from and to hold Seller harmless against any and all claims, causes of action or expenses, including attorneys fees, relating to or arising from Purchaser's or Purchaser's agents or contractors presence on the Development Property prior to the Date of Closing. Purchaser agrees to repair any damage to the Development Property caused by such inspections and to return the Development Property to substantially the same condition as existed prior to Purchaser's inspection. [Provide for termination of existing temporary access agreement - need more info] PURCHASER ACKNOWLEDGES THAT PURCHASER IS PURCHASING THE PROPERTY IN RELIANCE ON THE REPRESENTATIONS OF SELLER SET FORTH IN SECTION 12; ON PURCHASER'S INSPECTION OF THE PROPERTY PURSUANT TO THIS SECTION 14; AND ON PURCHASER'S JUDGMENT REGARDING THE SUFFICIENCY OF SUCH INSPECTIONS. PURCHASER IS NOT RELYING ON ANY WRITTEN OR ORAL REPRESENTATIONS, WARRANTIES OR STATEMENTS THAT SELLER OR SELLER'S AGENTS HAVE MADE EXCEPT FOR THE REPRESENTATIONS SET FORTH IN SECTION 12 OF THIS AGREEMENT. SUBJECT TO PURCHASER'S RIGHT TO TERMINATE THIS AGREEMENT PURSUANT TO SECTION 15, PURCHASER IS PURCHASING THE PROPERTY IN 6 468986v6 JSB BR291-353 "AS IS" CONDITION RELYING ONLY ON THE REPRESENTATIONS SET FORTH IN SECTION 12. 15. Purchaser's Contingencies. Purchaser's obligations under this Agreement are contingent on: (a)Purchaser's determination, based on the inspections described in Section 14 above and any other relevant information, that the condition of the Development Property is acceptable to Purchaser; (b)Purchaser's ability to obtain a title insurance policy and endorsements insuring Purchaser's title to the Development Property all in a form acceptable to Purchaser in Purchaser's sole and absolute discretion; (c)the representations of Seller contained in Section 12 are true and correct in all material respects as of Closing; (d)Seller has in all material respects performed and observed all covenants, agreements and conditions of this Agreement to be performed or observed by it prior to or at Closing; (e)Purchaser has determined that it can proceed with its planned use of the Property without significant additional expense and that the same is economically feasible; (f)Purchaser has obtained the approval of the City of Brooklyn Center and any other relevant governmental authorities for all required rezoning permits, licenses, variances, site plan reviews, platting, PUD and other approvals necessary for Purchaser's planned use of the Development Property, and has obtained commitments for financing deemed necessary by Purchaser for Purchaser's planned use of the Development Property, in Purchaser's sole judgment; and (g) Seller has delivered to Buyer all of the items required to be delivered to Buyer pursuant to Section 7(a). If any condition set out in this Section 15 is unsatisfied before or on the Date of Closing, Purchaser may at its option: (i)waive the condition and proceed with closing; (ii)delay the Date of Closing for up to sixty (60) days to allow the conditions set forth in (c), (d) or (g) to be satisfied; or (iii) terminate this Agreement. 16. Seller's Contingencies. Seller's obligations under this Agreement are contingent on Purchaser having delivered the items set forth in Sections 7(b) and that no Developer Event of Default shall exist under the TIF Development Agreement. 7 468986v6 JSB BR291-353 17.Condemnation. If a public or private entity with the power of eminent domain commences condemnation proceedings against all or any part of the Development Property, Seller must immediately notify Purchaser, and Purchaser may, at Purchaser's sole option, terminate this Agreement pursuant to Section 20 below. Purchaser has twenty (20) business days from the effective date of Seller's notice to Purchaser to exercise Purchaser's termination right. If Purchaser does not terminate this Agreement within said twenty (20) business day period, the Parties must fully perform their obligations under this Agreement, with no reduction in the Purchase Price, and Seller must assign to Purchaser, on the Date of Closing, all of Seller's right, title and interest in any award made or to be made in the condemnation proceedings. Seller must not designate counsel, appear or otherwise act with respect to any such condemnation proceedings without Purchaser's prior written consent unless Purchaser fails to respond within seven (7) days to a request for such written consent. 18.Assignment. Purchaser may not assign Purchaser's rights or obligations under this Agreement to a third party without the written consent of Seller, except that Purchaser may assign Purchaser's rights and obligations under this Agreement to a partnership whose general partner(s), or to a limited liability company whose managing member, includes Purchaser or the principals of Purchaser, without the consent of Seller. When Purchaser is required to obtain consent, Seller may grant or withhold Seller's consent to an assignment in Seller's sole and absolute discretion. 19. Default. If either Party defaults in the performance of any of the Party's obligations under this Agreement, the non-defaulting Party may, after written notice to the defaulting Party, suspend performance of its obligations under this Agreement, and the rights of the non-defaulting Party are as follows: (a)Purchaser's Default. If Purchaser defaults in the performance of any of Purchaser's obligations under this Agreement, Seller has the right to terminate this Agreement pursuant to Minnesota Statutes, Section 559.21. The remedies set forth in this Section 19(a) are Seller's sole and exclusive remedies in the event of Purchaser's default. (b)Seller's Default. If Seller defaults in the performance of any of Seller's obligations under this Agreement, Purchaser may terminate this Agreement pursuant to Section 20 below. The remedies set forth in this Section 19(b) are Purchaser's sole and exclusive remedies in the event of Seller's default. 20. Termination of this Agreement. Sections 10, 12, 15, 17 and 19(b) of this Agreement allow Purchaser to terminate this Agreement under certain conditions. Section 16 allows Seller to terminate this Agreement under certain conditions. Section 19(a) allows Seller to terminate this Agreement under certain conditions; provided, however, such termination is governed by Minnesota Statutes, Section 559.21 and not by this Section 20. The following procedures govern an exercise of those termination rights: (a) The party that desires to terminate this Agreement (the "Terminating Party") must notify the other party (the "Non-Terminating Party"), in writing, of the Terminating Party's intent to terminate this Agreement. 8 468986v6 JSB BR291-353 (b)The Terminating Party's notice must recite the Section of this Agreement that authorizes the Terminating Party's termination of this Agreement and must describe the facts and circumstances which the Terminating Party asserts justify termination under the referenced Section. (c)The Terminating Party's notice of termination will be effective as of the date the Terminating Party deposits the notice of termination with the United States Postal Service, with all necessary postage paid, for delivery to the Non-Terminating Party via certified mail, return receipt requested, at the address set forth in Section 23. If the Terminating Party delivers a notice of termination in a different manner than described in the preceding sentence, the notice of termination will be effective as of the date the Non- Terminating Party actually receives the notice of termination. The Terminating Party must also mail a copy of the notice of termination to the Parties' respective attorneys as provided for in Section 23 below. (d)If the Non-Terminating Party disputes the Terminating Party's right to terminate this Agreement, the Non-Terminating Party must so notify the Terminating Party, in writing, within five (5) business days of the Non-Terminating Party's receipt of the Terminating Party's notice of termination. (e)If the Non-Terminating Party does not dispute the Terminating Party's right to terminate the Agreement, Purchaser must execute and deliver to Seller a recordable quit claim deed or other recordable instrument evidencing the termination of this Agreement and Purchaser's rights in the Development Property. (f) If the Parties dispute the validity of an attempted termination of this Agreement, either Party may initiate a civil action in a court of competent jurisdiction to determine the status of this Agreement, and the Party that prevails in any such action is entitled to recover its reasonable attorneys' fees and costs in the action from the non- prevailing Party. 21.Time. Time is of the essence for all provisions of this Agreement. If Seller and Purchaser have not previously closed pursuant to this Agreement, this Agreement shall terminate and have no further force or effect after September 30, 2016. 22.Survival of Terms. The Parties' obligations under this Agreement survive Seller's delivery of a deed to Purchaser and the closing of this transaction. 23. Notices. All notices provided for in this Agreement must be in writing. The notice must be effective as of the date two days after the Party sending such notice deposits the notice with the United States Postal Service with all necessary postage paid, for delivery to the other Party via certified mail, return receipt requested, at the address set forth below. If Party delivers a notice provided for in this Agreement in a different manner than described in the preceding sentence, notice will be effective as of the date the other party actually receives the notice. The Party sending the notice must also mail a copy of the notice to the Parties' respective attorneys via first class United States mail at the addresses set forth below: 9 468986v6 JSB BR291.353 Purchaser: SCA Properties, LLC 4099 Tamiami Trail North, Suite 200 Naples, FL 34103 Attn: Garrett G. Carlson, Sr. with a copy to: McGrann Shea Carnival Straughn & Lamb, Chartered U.S. Bancorp Center, 800 Nicollet Mall, Suite 2600 Minneapolis, MN 55402-7035 Attn: Peter L. Cooper Seller: Economic Development Authority of Brooklyn Center, Minnesota 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 Attn: Executive Director with a copy to: Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South 6th Street Minneapolis, MN 55402 Attn: Jenny Boulton 24.Full Agreement. The Parties acknowledge that this Agreement represents the full and complete agreement of the Parties relating to the purchase and sale of the Development Property and all matters related to the purchase and sale of the Development Property. This Agreement supersedes and replaces any prior agreements, either oral or written, and any amendments or modifications to this Agreement must be in writing and executed by both Parties to be effective. 25.Governing Law. This Agreement has been made under the laws of the State of Minnesota and such laws control its interpretation. 10 468986v6 JSB BR291-353 Dated: , 2016 SELLER: ECONOMIC DEVELOPMENT AUTHORITY OF BROOKLYN CENTER, MINNESOTA By President ATTEST: By: Executive Director S-i 468986v6 JSB BR291-353 Dated , 2016 PURCHASER: SCA PROPERIES, LLC, a Florida limited liability company By: Its S-2 468986v6 JSB BR291-353 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY The property located in the City of Brooklyn Center, Hennepin County, Minnesota legally described as: Parcel 1: That part of Lot 1, Block 1, Chrysler Motors Corporation 2nd Addition lying North of the North line of Lot 23, Auditor's Subdivision No. 25, Hennepin County, Minnesota. Being registered land as is evidenced by Certificate of Title No. 13 843 64. Parcel 2: Lot 1, Block 1, Chrysler Motors Corporation 2nd Addition, except that part lying North of the North line of Lot 23, Auditor's Subdivision No. 25, Hennepin County, Minnesota. Abstract Property A-i 468986v6 JSB BR291-353 I,k!a.II1U PPUT.I!.)J• PURCHASE PRICE PROMISSORY NOTE SCA Properties, LLC (the "Developer"), hereby acknowledges itself to be indebted and, for value received, hereby promises to pay to the Economic Development Authority of Brooklyn Center, Minnesota (the "EDA") or its registered assigns (the registered owner of this Note is referred to herein as the "Registered Owner"), the principal sum of ONE MILLION FIVE HUNDRED THOUSAND AND 00/100 DOLLARS and no/100 Dollars ($1,500,000) without interest thereon. (a)The principal amount of this Purchase Price Promissory Note (the "Note") shall equal, from time to time, the principal amount stated above, as reduced to the extent that such principal shall have been paid in whole or in part pursuant to the terms hereof. This Note is issued pursuant to that certain Agreement of Purchase and Sale, dated as of ,2016, as the same may be amended from time to time (the "Purchase Agreement"), by and between the EDA and the Developer and is secured by that certain Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Financing Statement dated as of the date hereof, by the Developer in favor of the EDA (the "Mortgage"). (b)The Developer acknowledges that the EDA will credit TIF 4 Available Tax Increment (as defined in the TIF Development Agreement, dated as of ,20_, as the same may be amended from time to time, between the EDA and the Developer (the "TIF Development Agreement")) to the payment of this Note pursuant to the Interfund Loan (as defined in the TIF Development Agreement). Notwithstanding the application of TIF 4 Available Tax Increment (as defined in the TIF Development Agreement) to the payment of this Note, except as provided in (d), the principal of this Note shall be due and payable, as provided in (c) below, on any date prior to December 31, 2043 (the "Note Maturity Date") on which the Developer sells, assigns, conveys, leases or transfers in any other mode or manner (a "Sale") all or any portion of the property legally described on Exhibit A attached hereto or the improvements thereon (the "Development Property") except: (i)to an Affiliate of the Developer (as defined in the TIF Development Agreement); (ii)to a tenant renting, in the ordinary course, a unit of the senior housing facility to be located on the Development Property. (c) Any Sale shall be in an arms-length transaction for a sale price of not less than the fair market value of the Development Property, as improved, as determined by a qualified appraiser not affiliated with the Developer or the purchaser of the Development Property (the "Sale Price"). The principal amount of this Note shall be due and payable, without interest, in an amount equal to the lesser of $1,500,000 or 50% of the proceeds remaining from the Sale Price after payment of closing costs and the payment in full of the Construction Loan (as defined in the TIF Development Agreement) as evidenced by a settlement statement prepared by a title company not affiliated with the Developer or the purchaser of the Development Property (the "Net Sale Proceeds"). If 50% of the Net Sale Proceeds is less than $1,500,000, the difference B-i 468986v6 JSB BR291-353 shall be deemed paid in full upon payment of 50% of the Net Sale Proceeds and delivery of the settlement statement to the EDA. (d)The principal of and interest on this Note shall be deemed paid in full on the Note Maturity Date if, as of such date, (i) the Developer continues to operate the Minimum Improvements (as defined in the TIF Development Agreement) and (ii) no Event of Default under the TIF Development Agreement exists and remains uncured after the period allowed therein. (e)This Note may be prepaid by the Developer at any time. B-2 468986v6 JSB BR291-353 IN WITNESS WHEREOF, SCA Properties, LLC, has caused this Note to be executed and delivered as of , 20. SCA PROPERTIES, LLC, a Florida limited liability company By: Its B-3 468986v6 JSB BR291-353 Exhibit A to Purchase Price Note I P OWN UI] I!Ii U I U IOI 2 2 ai I'd The property located in the City of Brooklyn Center, Hennepin County, Minnesota legally described as: Parcel 1: That part of Lot 1, Block 1, Chrysler Motors Corporation 2nd Addition lying North of the North line of Lot 23, Auditor's Subdivision No. 25, Hennepin County, Minnesota. Being registered land as is evidenced by Certificate of Title No. 1384364. Parcel 2: Lot 1, Block 1, Chrysler Motors Corporation 2nd Addition, except that part lying North of the North line of Lot 23, Auditor's Subdivision No. 25, Hennepin County, Minnesota. Abstract Property B-4 468986v6 JSB BR291353 I a:i :11 I O 1Y4 (I) J an : i i (SI L'1 (S]tLøD C-' 468986v6 JSB BR291-353 i ai : ii :iiii L11 MV (Top 3 inches reserved for recording data) QUIT CLAIM DEED DEED TAX DUE: $________________ DATE: ECRV: (month/day/year) FOR VALUABLE CONSIDERATION, Economic Development Authority of Brooklyn Center, Minnesota (insert name of Grantor) a public body politic and corporate under the laws of Minnesota , ("Grantor"), hereby conveys and quitclaims to (insert name of Grantee) SCA Properties, LLC, a limited liability company under the laws of Florida, ("Grantee"), real property in Hennepin County, Minnesota, legally described as follows: Parcel 1: That part of Lot 1, Block 1, Chrysler Motors Corporation 2nd Addition lying North of the North line of Lot 23, Auditor's Subdivision No. 25, Hennepin County, Minnesota. Being registered land as is evidenced by Certificate of Title No. 1384364. Parcel 2: Lot 1, Block 1, Chrysler Motors Corporation 2nd Addition, except that part lying North of the North line of Lot 23, Auditor's Subdivision No. 25, Hennepin County, Minnesota. Abstract Property Check here if all or part of the described real property is Registered (Torrens) El together with all hereditaments and appurtenances and subject to the Right of Re-Entry for Breach of Condition Subsequent in favor of Grantor which is described on Exhibit A. Check applicable box: El The Seller certifies that the Seller does not know of any wells on the described property.o A well disclosure certificate accompanies this document (If electronically filed, insert WDC number:o I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. Economic Development Authority of Brooklyn Center, Minnesota By: Tim Willson Its: President By: Curt Boganey Its: Executive Director D-1 468986v6 JSB BR291-353 State of Minnesota, County of HENNEPIN This instrument was acknowledged before me on , 2016 by Tim Willson, as President and by Curt Boganey, as Executive Director of Economic Development Authority of Brooklyn Center, Minnesota, a public body corporate and politic under the laws of the State of Minnesota, on behalf of the public body. Notary Public THIS INSTRUMENT WAS DRAFTED BY: TAX STATEMENTS FOR THE REAL PROPERTY (insert name and address) DESCRIBED IN THIS INSTRUMENT SHOULD BE SENT TO: Kennedy & Graven, Chartered (insert name and address of Grantee to whom tax 470 U.S. Bank Plaza statements should be sent) 200 South 6th, Street Minneapolis, MN 55402 SCA Properties, LLC 4099 Tamiami Trail North, Suite 200 Naples, FL 34103 Attn: Garrett G. Carlson, Sr. D-2 468986v6 JSB BR291-353 EXHIBIT A TO QUIT CLAIM DEED EXECUTED BY THE ECONOMIC DEVELOPMENT AUTHORITY OF BROOKLYN CENTER, MINNESOTA, GRANTOR, IN FAVOR OF SCA PROPERTIES, LLC, GRANTEE. The Economic Development Authority of Brooklyn Center, Minnesota, Grantor, is conveying the property described in the attached Quit Claim Deed (the "Development Property") to SCA Properties, LLC, Grantee, subject to a right of reentry for breach of conditions subsequent in favor of Grantor. The condition subsequent is that, barring any Unavoidable Delays, Grantee shall commence construction in accordance with an approved site plan for the Development Property (the "Project") beyond the point of site preparation by the date 12 months from the date of this Quit Claim Deed, as set forth in Section 3.3 and Section 4.3 of that certain TIF Development Agreement between the Grantor and Grantee dated as of, 201_ (the "TIF Development Agreement"). If Grantee breaches the condition subsequent, Grantee shall re- convey the Development Property back to Grantor. If Grantee fails to re-convey the Development Property to the Grantor, Grantor may elect to exercise its right of reentry by commencing an action in Hennepin County District Court to establish the breach of the condition subsequent. If Grantor establishes a breach of the condition subsequent, title to and the right to possession the Development Property, and title to all improvements located thereon reverts to Grantor, and Grantee is not entitled to any compensation from Grantor or the City of Brooklyn Center, Minnesota for the value of any improvements Grantee has made to the Development Property. The Grantee shall notify the Grantor when construction of the Project has commenced beyond the point of site preparation. The Grantor shall, within 14 days after such notification, inspect the Project in order to determine whether construction of the Project has been commenced. If the Grantor determines that construction of the Project has commenced beyond the point of site preparation, the Grantor shall furnish to the Grantee a Certificate of Release and Satisfaction in the form attached hereto as Exhibit B. The Certificate of Release and Satisfaction issued for the Project shall conclusively satisfy and terminate the right of reentry of the Grantor in this Quit Claim Deed or pursuant to the TIF Development Agreement. D-3 468986v6 JSB BR291-353 EXHIBIT B TO QUIT CLAIM DEED EXECUTED BY THE ECONOMIC DEVELOPMENT AUTHORITY OF BROOKLYN CENTER, MINNESOTA, GRANTOR, IN FAVOR OF SCA PROPERTIES, LLC, GRANTEE. Lei' 04 PA i I icWUJ mull i1 MP II IJ1L'4 N I1 N [I)l 1.Recitals. Recital One. SCA Properties, LLC, a limited liability company (the "Developer") is the owner of the real property legally described in Exhibit A hereto (the "Development Property"). Recital Two. Developer acquired title to the Development Property from the Economic Development Authority of the City of Brooklyn Center, Minnesota (the "EDA") pursuant to a deed dated , 20_ and recorded in the office of the Hennepin County Recorder on as Document No. and filed in the office of the Hennepin County Registrar of Titles on as Document No. (the "Deed"). Recital Three. The Deed includes a right of re-entry for breach of conditions subsequent in favor of the EDA (the "Right of Re-entry"). Recital Four. The EDA and the Developer are parties to a TIF Development Agreement dated ,2016 (the "TIF Deielopment Agreement"). Recital Five. Pursuant to Section 3.3 of the TIF Development Agreement, the Developer is obligated to commence, or cause to be commenced, construction of the Minimum Improvements (as defined in the TIF Development Agreement) on the Development Property in accordance with an approved site plan and planned unit development for the Development Property (the "Project") beyond the point of site preparation by the date 12 months from the date of the Deed. Recital Six. The EDA's Right of Re-entry would be triggered by the Developer's failure to commence, or cause to be commenced, construction of the Project beyond the point of site preparation by the date 12 months from the date of the Deed. Recital Seven. The Developer has represented to the EDA that the Developer has timely commenced construction of the Project beyond the point of site preparation as required under the TIF Development Agreement, and has requested this Certificate of Release and Satisfaction from the EDA. 2.Certificate of Release. The EDA hereby certifies that the Developer has satisfied its obligations with respect to commencing construction of the Project beyond the point of site D-4 468986v6 JSB BR291-353 preparation on the Development Property. The EDA further acknowledges and agrees that the Development Property is hereby released from the Right of Re-Entry. D-5 468986v6 JSB BR291-353 IN WITNESS WHEREOF, the EDA has caused this certificate to be duly executed on its behalf this day of ,20. ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER, MINNESOTA By Its President And L'I Its Executive Director STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this day of 20 by __ and ______________, the President and Executive Director of the Economic Development Authority of the City of Brooklyn Center, Minnesota a body corporate and politic established pursuant to Minnesota Statutes, Chapter 469, on behalf of the Authority. Notary Public DRAFTED BY: Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South 6th Street Minneapolis, IVIN 55402 D-6 468986v6 JSB BR291-353 10:i :110 I I L'i I tI]IkU DhN N 1I S) V'tI 1 II ES) 1'A I I [I)I o Phase I Environmental Site Assessment dated January 9, 2014, prepared by Peer Engineering, Inc. • Phase I Environmental Site Assessment dated September 18, 2008, prepared by Peer Engineering, Inc. • Revised Proposal for a Geotechnical Evaluation and Preparation of a Development Response Action Plan (DRAP) dated October 8, 2015, prepared by Braun Intertec Corporation • Table 1 - Summary of Soil Analytical Results, The Sanctuary, Brooklyn Center, Minnesota [DRAFT] • Table 2 - Summary of Water Analytical Results, The Sanctuary, Brooklyn Center, Minnesota [DRAFT] • Table 3 - Summary of Vapor Analytical Results, The Sanctuary, Brooklyn Center, Minnesota [DRAFT] o Waste Profile Sheet prepared by SKB Environmental o Report of Laboratory Analysis RE: Project: B1507280 FMR CHRYSLER DEALERSH dated August 25, 2015, prepared by Pace Analytical Services, Inc. o Report of Laboratory Analysis RE: Project: B1507 Fmr Chrysler dealership dated August 17, 2015, prepared by Pace Analytical Services, Inc. o 9-2-15 photograph of Howe site and 6121 Brooklyn Boulevard [Purchaser's assessments and reports to be added.] E-1 468986v6 JSB BR291-353 dV I all D'iI I] Uk'AI W 1. I 1 a I M1I BY AND BETWEEN I a(iLI)[S) I [StDEVELOPMENTk1 I' OF BROOKLYN CENTEW, I,Ijtj' ,'II] j (I) i al 1,I *q _,2016 4690170 BR291-353 ARTICLE IX EVENTS OF DEFAULT AND DAMAGES ................................................29 Section 9.1 Events of Default Defined .................................................................29 Section 9.2 Developer Events of Default..............................................................29 Section 9.3 EDA Events of Default......................................................................30 Section 9.4 EDA Remedies on Default .................................................................30 Section 9.5 Developer Remedies on Default........................................................30 Section 9.6 No Remedy Exclusive........................................................................31 Section 9.7 No Additional Waiver Implied by One Waiver.................................31 ARTICLE X ADDITIONAL PROVISIONS......................................................................32 Section 10.1 Conflicts of Interest ............................................................ ................32 Section 10.2 Titles of Articles and Sections...........................................................32 Section 10.3 Notices and Demands ........................................................................32 Section10.4 Counterparts.......................................................................................32 Section 10.5 Law Governing..................................................................................32 Section 10.6 Consents and Approvals ....................................................................33 Section 10.7 Representatives..................................................................................33 Section 10.8 Superseding Effect.............................................................................33 Section 10.9 Relationship of Parties.......................................................................33 Section10.10 Tenn ...................................................................................................33 Section10.11 Venue.................................................................................................33 Section 10.12 Provisions Surviving Rescission or Expiration..................................33 EXHIBIT A DESCRIPTION OF DEVELOPMENT PROPERTY .................................A-i EXHIBIT B CERTIFICATE OF COMPLETION ...........................................................B-i EXHIBIT C ELIGIBLE COSTS .....................................................................................D-i EXHIBIT D FORM OF TIF NOTE .................................................................................D-1 EXHIBITE [RESERVED] ...............................................................................................E-1 EXHIBIT F FORM OF COLLATERAL ASSIGNMENT OF TIF DEVELOPMENT AGREEMENT ...............................................................F-i EXHIBIT G COMPLIANCE CERTIFICATE .................................................................G-1 EXHIBITH [RESERVED] ..............................................................................................H-i EXHIBIT I FORM OF DECLARATION OF RESTRICTIVE COVENANTS ...............I-i EXHIBIT J FORM OF ASSESSMENT AGREEMENT.................................................J-1 11 ARTICLE I DEFINITIONS .3 Section1.1 Definitions ............................................................................................ 3 ARTICLE II REPRESENTATIONS AND WARRANTIES................................................8 Section 2.1 Representations and Warranties of the EDA.......................................8 Section 2.2 Representations and Warranties by the Developer..............................9 ARTICLE III CONVEYANCE OF DEVELOPMENT PROPERTY..................................11 Section 3.1 Conveyance of Development Property..............................................11 Section3.2 Purchase Price....................................................................................11 Section 3.3 Conveyance Subject to Right of Re-entry .........................................11 ARTICLE IV CONSTRUCTION OF MINIMUM IMPROVEMENTS..............................12 Section 4.1 Planned Unit Development................................................................12 Section 4.2 Construction Plans . .............................................................................12 Section 4.3 Construction of Minimum Improvements .........................................12 Section 4.4 Commencement and Completion of Construction.............................13 Section 4.5 Effect of Delay...................................................................................13 Section 4.6 Compliance with Environmental Requirements................................13 Section 4.7 Additional Responsibilities of the Developer....................................14 Section 4.8 Certificate of Completion..................................................................14 ARTICLE V TAX INCREMENT ASSISTANCE..............................................................16 Section 5.1 Creation of TIF District and Approval of Tax Increment Financing Plan...........................................................16 Section 5.2 Purchase Agreement; Purchase Price Note and Purchase Price Mortgage............................................................................................16 Section 5.3 Issuance of TIF Note ..........................................................................17 Section 5.4 Execution of Assessment Agreement................................................18 Section 5.5 Review of Taxes ................................................................................19 Section 5.6 Use of Tax Increments.......................................................................19 Section 5.7 Income and Rent Restrictions............................................................20 ARTICLE VI ENCUMBRANCE OF THE DEVELOPMENT PROPERTY......................21 Section 6.1 Encumbrance of the Development Property......................................21 Section 6.2 Copy of Notice of Default to Financing Pal ties ................................. 21 Section 6.3 Mortgagee's Option to Cure Events of Default.................................21 Section 6.4 Defaults Under Mortgage ..................................................................21 Section 6.5 Subordination.....................................................................................21 ARTICLE VII INSURANCE AND MAINTENANCE.........................................................22 Section7.1 Insurance............................................................................................23 Section 7.2 Subordination.....................................................................................23 Section 7.3 Maintenance and Operation of the Development..............................24 ARTICLE VIII TRANSFER LIMITATIONS AND INDEMNIFICATION ..........................25 Section 8.1 Representation as to Development.....................................................25 Section 8.2 Limitations on Transfer......................................................................25 Section 8.3 Indemnification ..................................................................................27 Section8.4 Limitation............................................................................................28 1 TIF DEVELOPMENT AGREEMENT • THIS TIF DEVELOPMENT AGREEMENT is made and entered into this day of , 2016, by and between the ECONOMIC DEVELOPMENT AUTHORITY OF BROOKLYN CENTER, MINNESOTA, a body corporate and politic organized and existing under the laws of the State of Minnesota (the "EDA"), and SCA PROPERTIES, LLC, a Florida limited liability company, or permitted assigns (the "Developer"). I1D(I1VViP WHEREAS, pursuant to Minnesota Statutes, Section 469.090 through 469.1081 and Sections 469.001 through 469.047, the EDA has formed Housing Development and Redevelopment Project No. 1 (the "Project Area") and has adopted a Redevelopment Plan (the "Redevelopment Plan") for the Project Area which sets forth development objectives for the Project Area. A major objective of the Redevelopment Plan is to foster the development and redevelopment of housing facilities in the Project Area; WHEREAS, the Developer has submitted a proposal to the EDA in connection with the construction of a housing development on the Development Property. The Development Property is within the Project Area; WHEREAS, the Developer intends to acquire the Development Property and construct thereon the Minimum Improvements (as defined herein); WHEREAS, under Minnesota Statutes, Sections 469.174 through 469.1794, as amended (the "TIF Act"), the EDA is authorized to finance certain public redevelopment costs of a housing development and redevelopment project area with tax increment revenues derived from a tax increment financing district established within such project area; WHEREAS, the EDA has heretofore adopted a tax increment financing plan and created and established Tax Increment Financing District No. 6 (Housing District) as a housing tax increment financing district pursuant to the TIF Act (the "TIF District"); WHEREAS, in order to set forth the conditions under which the EDA will provide certain tax increment assistance to the Developer, the EDA and Developer have agreed to enter into this Agreement; WHEREAS, the requirements of the Business Subsidy Law, Minnesota Statutes, Section 116J.993 through 116J.995, do not apply to this Agreement pursuant to an exemption for housing; and WHEREAS, the EDA believes that the development of the Development Property, as more fully set forth in this Agreement, is in the best interests of the residents of the City of Brooklyn Center, Minnesota (the "City"), and will facilitate the redevelopment of blighted areas in the City, and increase housing opportunities, and will otherwise benefit the health, safety, morals and welfare of the residents of the City, in accordance with the public purpose and 1 4690170 BR291-353 provisions of the applicable State and local laws and requirements under the Redevelopment Plan; and NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: 4690170 BR291-353 ARTICLE I DEFINITIONS Section 1.1 Definitions. All capitalized terms used and not otherwise defined herein shall have the following meanings unless a different meaning clearly appears from the context: "Affiliate" means any Person directly or indirectly controlling or controlled by or under direct or indirect common control with a Person and any purchaser of all or substantially all of the assets of such Person. For this purpose, "control" means the power to direct management and policies, directly or indirectly, whether through ownership of at least a majority of its voting securities, or the right to designate or elect at least a majority of the members of its governing body, or by contract, or by other arrangements, and the terms "controlling" and "controlled" have correlative meanings. "Agreement" means this TIF Development Agreement as the same may be from time to time modified, amended or supplemented. "Assessment Agreement" means the minimum assessment agreement, in substantially the form of the agreement attached as Exhibit J hereto and made a part of this Agreement, between the Developer and the EDA. "Available Tax Increment" means 97.5% of the Tax Increment remitted to and received and retained by the EDA. "Business Day" means any day except a Saturday, Sunday or a legal holiday or a day on which banking institutions in Minnesota are authorized by law or executive order to close. "Certjficate of Completion" means the certificate in substantially the form attached hereto as Exhibit B signed by the EDA Representative certifying completion of the Minimum Improvements. "Certificate of Release and Satisfaction" means the certificate in substantially the form attached as Exhibit B to the Deed, signed by the EDA Representative certifying the construction of the Minimum Improvements on the Development Property has commenced beyond the point of site preparation. "City" means the City of Brooklyn Center, Minnesota, a municipal corporation. "Closing" means the closing on the conveyance of the Development Property by the EDA to the Developer. "Closing Date" means the date on which the EDA conveys the Development Property to the Developer, which date shall be the date determined in accordance with the Purchase Agreement. 3 4690170 BR291-353 "Completion Date" means the date the Certificate of Completion is executed by the EDA Representative. "Construction Lender" means a lender who makes a Construction Loan to the Developer. "Construction Loan" means any loan or loans to be made to provide financing for the construction of the Minimum Improvements. "Construction Plans" means the plans, specifications, drawings and related documents for the construction of the Minimum Improvements which shall be as detailed as the plans, specifications, drawings and related documents which are submitted to the building inspector of the City. "County" means Hennepin County, Minnesota. "Declaration" means the Declaration of Restrictive Covenants in substantially the form attached hereto as Exhibit I. "Deed" means the Quit Claim Deed executed by the EDA conveying the Development Property to the Developer, in the form attached as Exhibit D to the Purchase Agreement. "Developer" means SCA Properties, LLC, its successors or assigns. "Developer Event of Default" means the occurrence of an Event of Default set forth in Section 9.2 hereof. "Developer's Representative" means the of the Developer, or his or her designee evidenced in writing to the EDA. "Development" means the Development Property and the Minimum Improvements. "Development Property" means the real property legally described in Exhibit A hereto. "EDA" means the Economic Development Authority of Brooklyn Center, Minnesota, its successors and assigns. "EDA Representative" means the Executive Director of the EDA or his or her designee. "Eligible Costs" means the costs identified on Exhibit D attached hereto. "Eve,,! of Default" means any of the events described in Sections 9.2 or 9.3. "Financing Party" means any mortgagee of a Mortgage, any Construction Lender, any other lender or other Person providing construction or permanent financing for the Minimum Improvements, or any member or partner of the Developer. ri 4690170 BR291-353 "Interfund Loan" means the internal loan of TIF 4 Available Tax Increment from the TIF District No. 4 account to the TIF District No. 6 account to provide assistance to the Developer as set forth in Section 5.2. "Market Value" or "Market Valuation" means the market value of real property as determined by the assessor of the County in accordance with Minnesota Statutes, Section 273.11 (or as finally adjusted by any assessor, board of equalization, commissioner of revenue, or any court). "Minimum Improvements" means the construction by the Developer of an affordable senior assisted living facility consisting of approximately 158 total units, which will include approximately 86 one-bedroom and 44 efficiency apartment units for assisted living and approximately 28 studio apartment units for special needs residents on the Development Property, all consistent with the PUD and any approved development plans. "Mortgage" means any mortgage of all or any part of the Development Property granted by Developer. "Parties" means the Developer and the EDA. "Party" means the Developer or the EDA, as the context may require. "Person" means any individual, corporation, partnership, joint venture, limited liability company or partnership, association, trust, unincorporated organization, or government, or any agency or political subdivision thereof. "PUB" has the meaning provided in Section 4.1. "PUB Agreement" has the meaning provided in Section 4.1. "Purchase Agreement" means the Agreement of Purchase and Sale,. between the EDA and the Developer, dated 2016, for the sale of the Development Property to the Developer. "Purchase Price Note" means the Promissory Note from the Developer to the EDA, in substantially the form attached as Exhibit B to the Purchase Agreement, dated 2016, evidencing the Developer's obligation to pay the purchase price of the Development Property. "Purchase Price Mortgage" means the Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Financing Statement, against the Development Property in substantially the form attached as Exhibit C to the Purchase Agreement, dated 2016, made by the Developer in favor of the EDA to secure the Purchase Price Note. "Sale" means any sale, direct or indirect, conveyance, assignment, transfer, exchange or other disposition of all or a part of the Developer's interest in the Minimum Improvements, to any Person other than an Affiliate. 5 4690170 BR291-353 "State" means the State of Minnesota. "Tax Increment" means that portion of the real property taxes generated by the Development Property and any improvements thereon which is actually remitted to and received and retained by the EDA as tax increment under the TIF Act. "Tax Official" means any City or County assessor; County auditor; City, County, or State board of equalization; the Commissioner of Revenue of the State; or any State or Federal district court, the Tax Court of the State, or the State Supreme Court. "TIF Act" means Minnesota Statutes, Sections 469.174 through 469.1794, as amended, or any successor statutes. "TIF District" means Tax Increment Financing District No. 6 (Housing District) as the same is amended from time to time. "TIF District No. 4" means Tax Increment Financing (Soils Condition) District No. 4 (France Avenue Business Park Project) created by the City and the EDA. "TIF 4 Available Tax Increment" means the tax increment received by the EDA from TIF District No. 4 and not otherwise pledged to other obligations of TIF District No. 4. "TIF Note" means the Taxable Tax Increment Revenue Note (The Sanctuary at Brooklyn Center Project) to be executed by the EDA and delivered to the Developer pursuant to Section 5.3 hereof, a copy of which is attached hereto as Exhibit E. "TIF Note Payment Date" means each February 1 and August 1, commencing on the first February 1 or August 1 following the dated date of the TIF Note and thereafter to and including the TIF Note Termination Date; provided, that if any such date should not be a Business Day, the TIF Note Payment Date shall be the next succeeding Business Day. "TIF Note Termination Date" means the earlier of (i) February 1, 2044, (ii) the date the TIF Note is paid in full, (iii) the date on which the TIF District expires or is otherwise terminated, or (iv) the date the TIF Note or this Agreement is terminated or rescinded in accordance with its terms. "TIF Plan" means that certain Tax Increment Financing Plan for the TIP District approved by the EDA, as amended from time to time. "Unavoidable Delays" means delays, outside the control of the party claiming its occurrence, which delay the activities contemplated by this Agreement, and which are the direct result of (a) unusually severe or prolonged bad weather, (b) acts of God, fire or other casualty to the Minimum Improvements, (c) litigation commenced by third parties which, by injunction or other similar judicial action, directly results in delays, (d) acts of any federal, State or local governmental unit which directly result in delays, (e) strikes, or other labor trouble, (f) delays in delivery of materials for the Minimum Improvements, (g) soil conditions of the Development Property or (h) acts of war or terrorism, not existing on the date hereof. 4690170 BR291-353 ARTICLE V TAX INCREMENT ASSISTANCE Section 5.1 Creation of TIF District and Approval of Tax Increment Financing The EDA has taken all necessary actions to create and establish the TIF District. The Developer represents that the estimated market values, construction costs, acquisition costs, projected rentals, development costs and other information provided to the EDA's fiscal consultant reflect the reasonable expectations of the Developer. The Developer has made its own projections of Tax Increment to be generated from the Development and the Developer has not relied on any assumptions, calculations, determinations or conclusions made by the City, the EDA, their governing body members, officers or agents, including the independent contractors, consultants and legal counsel, servants and employees thereof, with respect to the foregoing. Section 5.2 Purchase Agreement Purchase Price Note and Purchase Price Mortgage. (a) The EDA shall lend the Developer an amount equal to the $1,500,000 purchase price of the Development Property (the "Purchase Price Forgivable Loan"). The Developer shall submit a settlement statement for the purchase price of the Development Property. The EDA shall have no obligation to make such loan and convey the Development Property unless and until: (i)the Developer has closed on the acquisition of the Development Property in accordance with the Purchase Agreement; (ii)the Developer has delivered the Declaration, the Purchase Price Note and the Purchase Price Mortgage, (iii)the City has approved the PUD; (iv)the Developer has closed on the Construction Loan in an amount sufficient to finance the cost of the Minimum Improvements; (v)in accordance with Section 4.2, the Developer has submitted the Construction Plans for all of the Minimum Improvements to the EDA, and the EDA shall have approved the same; (vi)the City has approved a building permit for the construction of the Minimum Improvements; (vii) no Developer "Event of Default" exists. (b) The Developer shall pay and perform the Purchase Price Note and the Purchase Price Mortgage in accordance with their terms. 15 4690170 BR291-353 (c) The Developer acknowledges that the EDA will credit TIF 4 Available Tax Increment to the payment of the Purchase Price Note to the payment of the Purchase Price Note pursuant to the Interfund Loan. Notwithstanding the application of TIF 4 Available Tax Increment to the payment of the Purchase Price Note, except as provided in Section 5.2(c), the Developer shall repay the principal amount of the Purchase Price Forgivable Loan and the Purchase Price Note (which the EDA will apply to the repayment of the Interfund Loan), as provided in 5.2(d), on any date prior to December 31, 2043 (the "Note Maturity Date") on which the Developer sells, assigns, conveys, leases or transfers in any other mode or manner (a "Sale") all or any portion of the Development Property or the Minimum Improvements thereon except: (i)to an Affiliate of the Developer; (ii)to a tenant renting, in the ordinary course, a unit of the senior housing facility to be located on the Development Property. (d) Any Sale shall be in an arms-length transaction for a sale price of not less than the fair market value of the Development Property, as improved, as determined by a qualified appraiser not affiliated with the Developer or the purchaser of the Development Property (the "Sale Price"). The principal amount of the Purchase Price Note shall be due and payable, without interest, in an amount equal to 50% of the proceeds remaining from the Sale Price after payment of closing costs and the payment in full of the Construction Loan as evidence by a settlement statement prepared by a title company not affiliated with the Developer or the purchaser of the Development Property (the "Net Sale Proceeds"). If 50% of the Net Sale Proceeds is less than $1,500,000, the difference shall be deemed paid in full upon payment of 50% of the Net Sale Proceeds and delivery of the settlement statement to the EDA. (e) The Purchase Price Forgivable Loan, the Purchase Price Note and the Interfund Loan shall be deemed paid in full on the Note Maturity Date if, as of such date, (a) the Developer continues to operate the Minimum Improvements and (b) no Event of Default under this Agreement exists and remains uncured after the period allowed therein. Section 5.3 Issuance of TIF Note. The EDA shall reimburse the Developer for Eligible Costs in an amount equal to the lesser of [$1,800,000] or the Eligible Costs actually incurred and paid by the Developer and not previously reimbursed (the "Reimbursement Amount") exclusively through the issuance of the EDA's TIF Note in substantially the form attached to this Agreement as Exhibit D, subject to the following conditions: (a)The TIP Note shall be dated, issued in a principal amount equal to the Reimbursement Amount and delivered to the Developer when the Developer shall have demonstrated in writing to the reasonable satisfaction of the EDA that the Developer has satisfied all of the conditions set forth in Section 5.2(a). (b)Notwithstanding the foregoing clause (a), the principal amount of the TIF Note shall be deemed advanced (the "Advance") only (i) when the Developer has substantially completed the Minimum Improvements; and (ii) as and to the extent the Developer provides the EDA with invoices or cancelled checks evidencing the payments due for any Eligible Costs not previously reimbursed in an amount not less than the Reimbursement Amount as evidenced by 16 4690170 BR291-353 the EDA in the form of an Advance Certificate as set forth in the attached Exhibit B to the TIP Note. The principal amount of the TIF Note shall be Advanced in not more than 2 installments. (c)The Advanced and unpaid principal amount of the TIF Note shall bear simple, non-compounding interest, except during any period that the payment on the TIF Note has been suspended, from the date of the Advance, at a rate per annum equal to the lesser of 5.00% per annum or the effective rate of the long-term Construction Loan as determined on the date of issuance of the TIF Note. Interest shall be computed on the basis of a 360 day year consisting of twelve (12) 30-day months. (d)The principal amount of the TIF Note and the interest thereon shall be payable solely and exclusively from the Available Tax Increments. (e)On each TIP Note Payment Date and subject to the provisions of the TIF Note, the EDA shall pay, solely from the Available Tax Increments received by the EDA during the preceding 6 months (or, with respect to the first TIF Note Payment Date, in the period commencing on the date of issuance of the TIF Note through the day prior to the first TIF Note Payment Date) to the extent of the outstanding principal and accrued interest on the TIF Note. All such payments shall be applied first to the payment of accrued interest and then to the payment of the principal of the TIF Note. (f)The TIP Note shall be a special and limited obligation of the EDA and not a general obligation of the EDA or the City, and only Available Tax Increments shall be used to pay the principal and interest on the TIP Note. If, on any TIF Note Payment Date, the Available Tax Increments for the payment of the accrued and unpaid interest on the TIF Note are insufficient for such purposes, the difference shall be carried forward, without accruing additional interest, and shall be paid if and to the extent that on a future TIF Note Payment Date there are Available Tax Increments to pay such accrued interest on the TIF Note. (g)The EDA's obligation to make payments on the TIF Note on any TIF Note Payment Date or any date thereafter shall be conditioned upon the requirement that (A) there shall not at that time be a Developer Event of Default that has occurred and is continuing under this Agreement, the PUD Agreement or any issued permits for the Project, and (B) this Agreement shall not have been terminated pursuant to Section 9.4(c), and (C) a certificate of occupancy has been issued for the Minimum Improvements and (D) the Compliance Certificate shall have been delivered in accordance with Section 5.6(d). (h)The TIP Note shall be governed by and payable pursuant to the additional terms thereof, as set forth in Exhibit D. In the event of any conflict between the terms of the TIP Note and the terms of this Section 5.3, the terms of the TIF Note shall govern. The issuance of the TIF Note pursuant and subject to the terms of this Agreement, and the taking by the EDA of such additional actions as bond counsel for the TIF Note may require in connection therewith, are hereby authorized and approved by the EDA. (i) The Developer may assign this Agreement to a Construction Lender as collateral for a Construction Loan in accordance with the form of Collateral Assignment of TIF Development Agreement attached as Exhibit F. 17 4690170 BR291-353 Section 5.4 Execution of Assessment Agreement. (a)The Developer and the EDA agree to execute an Assessment Agreement relating to the Development pursuant to the provisions of Minnesota Statutes, Section 469.177, Subdivision 8, specifying the minimum market value for the Development Property for calculation of real property taxes (as set forth in Section 1 thereof, the "Minimum Market Value"). (b)Nothing in the Assessment Agreements or this Agreement limits the discretion of the County Assessor to assign a market value to the property in excess of the Minimum Market Value nor prohibits the Developer from seeking, through the exercise of legal or administrative remedies, a reduction in such market value for property tax purposes; provided however, the Developer shall not seek a reduction of such market value below the Minimum Market Value for any year so long as the Assessment Agreement remains in effect for that year. (c)The Assessment Agreement shall remain in effect until the earlier of (i) December 31, 20, (ii) the date on which the TIF District expires or is otherwise terminated, or (iii) the date the TIF Note is fully paid, defeased or terminated in accordance with its terms. (d)The Assessment Agreement shall be certified by the County Assessor as provided in Minnesota Statutes, Section 469.177, Subdivision 8, upon a finding by the County Assessor that the Minimum Market Value represents a reasonable estimate based upon the plans and specifications for the Minimum Improvements to be constructed on the Development Property and the market value previously assigned to the Development Property. (e)Pursuant to Minnesota Statutes, Section 469.177, Subdivision 8, the Assessment Agreement shall be filed for record in the office of the county recorder or registrar of titles of the County, and such filing shall constitute notice to any subsequent encumbrancer or purchaser of the Development Property, whether voluntary or involuntary, and such Assessment Agreement shall be binding and enforceable in its entirety against any such subsequent purchaser or encumbrancer, including the Construction Lender and the holder of any mortgage on the Development Property. (f)The Assessment Agreement shall be filed, at the sole cost of the Developer, against the Development Property prior to any Mortgage to a Construction Lender or, in the alternative, the Construction Lender shall consent to be bound by the terms of the Assessment Agreement. Section 5.5 Review of Taxes. The Developer acknowledges that the primary source of money to pay debt service on the TIF Note is the Available Tax Increment derived from the Development Property and any improvements thereon, including the Minimum Improvements. The Developer further acknowledges that any of the following actions taken by the Developer could reduce such Tax Increment below the amount necessary to pay a portion or all of the payments due on the TIF Note. (a) Initiation of administrative or judicial review of the applicability of any tax statute determined by any Tax Official to be applicable to the Development Property and any improvements thereon, including the Minimum Improvements. 18 4690170 BR291-353 (b)Initiation of administrative or judicial review of the constitutionality of any tax statute determined by any Tax Official to be applicable to the Development Property and any improvements thereon, including the Minimum Improvements. (c)A reduction in the real property taxes paid with respect to the Development Property and any improvements thereon, including any reduction in the assessed Market Value of the Development Property and any improvements thereon, including the Minimum Improvements, that is made without a request or petition of the Developer, a reduction in the tax classification of the Development Property and any improvements thereon, including the Minimum Improvements, under Minnesota Statutes, Section 273.13, or any successor statute, a reduction in the local tax rates applicable to the Development Property and any improvements thereon, including the Minimum Improvements, or any change to the method of taxing real property that has the effect of reducing the revenues derived from such taxes. (d)Any application for an abatement or deferral of real property taxes under any applicable statute of the State. (e)Other actions or events outside the control of the Developer or outside the control of the City or the EDA, including a reduction in the Market Value of the Development Property and the Minimum Improvements that are made without a request or petition of the Developer, a reduction in the tax classification of the Development Property and the Minimum Improvements under Minnesota Statutes, Section 273.13, or any successor statute, a reduction in the local tax rates applicable to the Development Property and the Minimum Improvements, or any change to the method of taxing real property that has the effect of reducing the revenues derived from such taxes. (f) Failure of the Developer to commence and complete the Minimum Improvements by the times set forth in Section 4.4 hereof. Section 5.6 Use of Tax Increments. The EDA shall be free to use the Tax Increment, other than the Available Tax Increment herein pledged to the payment of the TIF Note, for any other purpose for which the Tax Increment may lawfully be used pursuant to applicable provisions of the Minnesota law; including but not limited to repayment of the Interfund Loan of the assistance provided to the Developer from TIP District No. 4 as set forth herein. Section 5.7 Income and Rent Restrictions. The Developer hereby represents, covenants and agrees as follows: (a)The Minimum Improvements are intended for occupancy, in part, by persons or families of low and moderate income, as defined in chapter 462A, Title II of the National Housing Act of 1934, the National Housing Act of 1959, the United States Housing Act of 1937, as amended, Title V of the Housing Act of 1949, as amended, any other similar present or future federal, state or municipal legislation, or the regulations promulgated under any of those acts; and (b)No more than 20% of the square footage of the buildings of the Minimum Improvements financed with the proceeds of the TIF Note will consist of commercial, retail or other non-residential uses; and II,J 4690170 BR291-353 (c)Commencing on the Completion Date and continuing until the Final Payment Date, at least 40% of the housing units shall be available for rent to persons whose income does not exceed 60% of the area-wide median family income for the standard metropolitan statistical area which includes Minneapolis/St. Paul, Minnesota, as that figure is determined and announced from time to time by HUD, as adjusted for family size ("Median Income"); and (d)The Developer will provide the EDA an annual certification in the form attached hereto as Exhibit G (the "Compliance Certificate") evidencing compliance with the requirements of paragraph (c) above, and income verifications from tenants used to meet such requirements. The annual certification shall also include the vacancy rate for the preceding calendar year and the rents for all units broken down by unit type, size and rent per square foot. The annual certification shall be provided on or before February 1 of each year commencing February 1, 2018, and shall cover the preceding calendar year. (e)The provisions of this Section 5.7 shall be incorporated into a regulatory agreement to be entered into by the Developer and the EDA in connection with the issuance of any revenue bond'(the "Regulatory Agreement") and recorded against the Development Property prior to the issuance of the revenue bond and the TIF Note. (f)All units in the Minimum Improvements are required to be occupied by at least one person who is at least 55 years of age at the time of initial occupancy as further provided in the Declaration. 20 4690170 BR291-353 January 25, 2016 Updates on the EDA’s purchase agreement and draft tax increment agreement associated with the Sanctuary at Brooklyn Center Senior Living Project. Background On March 9, 2015, the City Council/EDA Work  Session included a discussion on the potential sale and redevelopment of approximately 5.5 acres of EDA owned properties, located at 6121, 6107 and 6101 Brooklyn Boulevard for an affordable assisted care senior apartment development consisting of the following: a four story apartment building with 140, one-bedroom senior  assisted care units; and a one story building with 24 studio units offering specialized  assisted care for seniors. The City Council/EDA determined the conceptual  development illustrated by SCA Properties was consistent with the EDA’s development vision for this site, and that Staff was directed to proceed with negotiating a Letter of Intent with SCA Properties for the development of an affordable assisted care senior housing project. On March 23, 2015, the EDA adopted Resolution No. 2015-06, a Resolution Approving a Letter of Intent to Purchase with SCA Properties, LLC regarding 6121 Brooklyn Boulevard, 6107 Brooklyn Boulevard and 6101 Brooklyn Boulevard. The $1,763,398 price established for the EDA parcels were  based on the EDA’s acquisition costs was proposed to be paid with Tax Increment Revenue from the project. 6101 Brooklyn Boulevard, residence & 20,307 sf. lot zoned C-1 -  $113,398 6107 Brooklyn Boulevard, C-2 PUD parking lot for auto  dealership-$150,000; 6121 Brooklyn Boulevard, 4.5 acre auto dealership -$1.500,000  At that time, the developer acknowledged a financial gap of approximately $2,000,000 that was intended to be addressed during the Negotiations and Feasibility Period. August 10, 2015, the City Council was informed that the funding gap had grown to $3,000,000 and that efforts to secure other financial support were unsuccessful. The following funding strategy was proposed for City Council/EDA’s consideration: The developer will address $1.5M of the gap by deferring  50% of their development fee; and The creation of a TIF Housing District with a Pay-As–You-  Go Note would provide the remaining $1.5 M cash needed, plus $300,000 for the future acquisition of two adjacent properties. At that time, Tom Denaway, SpringstedFinancial, provided a memorandum on the need for assistance (But For Test) and exhibits illustrating how the project will generate tax increment, a cash flow analysis over the term of the district, and a payment schedule for the Pay-As-You-Go Note, and a schedule for the creation of a new Tax Increment Housing District. These new negotiations also provided a revised site layout with the developer proposing that the development would be limited to the 6121 Brooklyn Boulevard site (4.5 acres acquired for $1,500,000) and that the EDA’s conveyance of the land would be in the form of a 2 nd mortgage with provisions for a repayment formula from the sales proceeds of a future sales On October 26, 2015, the City Council and EDA adopted Resolutions establishing a new Affordable Housing TIF District for this senior housing project. Tom Denaway, SpringstedFinancial has updated the memorandum on the  need for assistance (But-For-Test) to reflect the current plans to fund the project with the use of private placement conduit bonds. Jenny Boulton, Kennedy & Graven, has drafted a purchase agreement  and tax increment agreement that is tentatively scheduled for the EDA’s consideration on February 8, 2016. The draft purchase agreement achieves the provisions identified on  August 10, 2015. The TIF agreement provides the EDA with the option of using Excess Tax  Increment from Tax Increment District No. 4 for the remaining debt service payments on the 2013 TIF Bond Issue used to acquire this site. Work Session Agenda Item No. 3 MEMORANDUM COUNCII WORK SESSIION DATE: January 25, 2016 TO: Curt Boganey, City Manager FROM: Gary Eitel, Director of Business & Development SUBJECT: Review of the conceptual development and vision proposed by Sand Development for a market rate apartment development within the southern portion of the Opportunity Site. Recommendation: It is recommended that the City Council consider providing direction to staff regarding the conceptual development and vision proposed by Sand Development for a market rate apartment development within the southern portion of the Opportunity Site. Background: On September 14, 2015, the City Council/EDA Work Session included a discussion on a preliminary development agreement (Contract for Exclusive Negotiations with Sand Development LLC) for the development of a market rate apartment and commercial Planned Unit Development within the southern portion of the Opportunity Site. The majority consensus of the City Council/EDA was to move forward with the development plan. On October 12, 2015, the EDA adopted Resolution No. 2015-22, a Resolution Approving Agreements Related to the Development of the Opportunity Site. Attached for your reference is a copy of Resolution 2015-22, a copy of the Preliminary Development Agreement, and the October 12th staff memorandum on this matter. Preliminary Development Agreement (Contract for Exclusive Negotiations) The Preliminary Development Agreement (Contract for Exclusive Negotiations) identified the roles and responsibilities of the EDA as the Master Developer of the Opportunity Site and Sand Development, LLC. as the Redeveloper (builder and manager) of the residential portion of the site. The Preliminary Development Agreement provided a 90 day period of time for each party to complete their preliminary development tasks, at which time the following actions needed to occur as a prerequisite to proceeding with a final development agreement: 1. The EDA finds the design schemes and planned improvements developed by Sand Development for the residential portion of the development meets the City's vision for the redevelopment of the Opportunity Site. i'Iissioii: Ensuring on attractive, clean, safe, inclusive coinhluinitj' tJit enhances the quality of life for al/people and preserves Ilieptiblic trust hY4 I Dk'A (I) 1II flSJYA EI1ik(iJ I !ALI) IR111 J *1 [Ik'l Enclosed is a copy of the Conceptual Master Plan prepared by Solution Blue which illustrates Sand Developments vision of developing a multi phased market rate apartment development of 746 apartment units. The design concept is consistent with the guidelines established for the City's participation in Hennepin County's Active Living Program and the adopted Complete Streets Policy (June 24, 2013). Additionally, the concepts are consistent with the Active Living Guidelines for the Opportunity Site (October 12, 2015). 2.The feasibility analysis provides Sand Development with the necessary findings and assurances that the project is feasible and marketable. Sand Development has indicated that their market analysis supports the first phase of this development to include two buildings (308 units) and the central commons area. 3.The EDA approves the necessary infrastructure improvements and determines that they are economically feasible to be funded through a Tax Increment Bond. The EDA is proceeding with establishing a Redevelopment Tax Increment Financing District that will fund the necessary infrastructure improvements. A preliminary estimate of the projected tax increment for the initial 308 units indicates an annual increment of approximately $500,000 available for debt service. 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U)a) 1DC U)CDDC 4-, U)CD I- CD 0 0= I-0 I- a)4- 0-) 0 0 DO 0000)0)0 a - a) 0-DO 0000 0 rl ifl_L] Wo cu CC 0 C 0 0 LI— Ln w LLI H >H z H 0 0 z IHD0 4-, cu C a 0a to bn b.O C a 0 4-, 0EE0UU 0bi I- C 4-' C C- a 4-'0CL a)Uco.4—C- U, a)C0 (a)C04-' 00 0 Ca) 0C- C CL(U -D C')0 UC (I)4-,Cd, 0 .00 00 Ln C(a)a C0 4-, 00E I-4— cliC— Cd.'4-00C- CCa)CIC C-00 U- C0 4-,U C-4-,'C,C0U 0 ECa)C- 000 C- 0I a) S - o > ci)CL>. 0 C0 4-,U C-4-,U,C0U ci) E C-.4- x - - - - FINARM Ic a) 00c cU a- U o. cii waU-cii E 0 >cii0 cii H > z H 0 0 uJIH 0 k -4 - lu / \v iVL! •L ui 1rai ORY of Broddyn Center Southern Opportunfty Sfte (CÜCEPTUAL #041ST-11-ITO PLAN TECllC/[L sMMA R V JANUARY 15, 2016 I: •1 - -. 150f--, / Z^HR O O KLI Solution IueTER water matters oune fernandez *landscope achitects Development, LLC Brooklyn Center Southern Opportunity Site Re-Development TESIGN NARRATIVE The design proposal is based on the idea that a great place brings together multiple aspects of healthy living that balances housing, open space, density, environmental stewardship, and recreational opportunities in a pedestrian scaled environment. The design composes housing within a series of green spaces that encourage activity, pedestrian use, and public interaction. The 31.33-acre development is comprised of approximately 750 housing units within a system of public streets and 12.5 acres of connective trails, parks and layered green infrastructure that manages stormwater as amenities to perform critical ecological functions for the environment. The Southwest corner of the site is currently planned as a future civic node that would act as a public cornerstone to the new neighborhood. Through design, the project creates a unique environment that is engaging, interesting, functional and builds a sense of ownership rooted in a Brooklyn Center identify. The site plan concept proposes approximately 750 units of multifamily, apartment style rental homes. Based on preliminary market study projections and subject to market conditions, it is anticipated that the full build-out and absorption period will range from seven to nine years. It is anticipated that approximately 200 units will be open for occupancy within the first twenty-four months followed by another 100 units twelve months later. At that time, a better idea of staging of the remaining units can be determined. The Street The extension of Earl Brown Drive is the main armature for the development and is designed with the specific intent that the street can be an enjoyable place to be. The result is a fully functioning road that acts as open space supporting pedestrian and recreational use. The road extension uses controlled intersections to deter pass through traffic in the residential area. Pedestrian crosswalks are located at intersections and key crossing areas that access park amenities. The street is designed to functionally meet all vehicular standards and safety needs while creating a robust pedestrian environment that connects to the natural systems and the trail along Shingle Creek (see Appendix B for Traffic Analysis). This connection is critical to the development as it creates a direct access to Centennial Park and connections to regional trails. The street is designed with 10' wide multi-use trails on each side of the street, tree planted boulevards and pedestrian level street lighting. Housing units are positioned to provide a sense of enclosure and a comfortable pedestrian environment. Other amenities such as seating, pocket parks, plazas, unique stormwater management features, and public art further support the use and a successful street design. The Green Soace The project is designed on a "complete street' model that connects a series of open spaces organized around a large central green. Smaller pocket parks terminate the ends of Earl Brown Drive uniquely framing the street with open spaces. The pocket parks could hold rest locations, creative stormwater management technologies, playground, shelter and public art. Other pocket plaza areas extend off the street at corners and along housing units providing other opportunities for residents and the public to actively use the outdoor environment. The main park space acts as the organizing hub to the entire development. It is composed of open lawn areas, a community center with pool, plazas, playgrounds and a series of unique stormwater management features that celebrate storm water conservation and stewardship. The central park extends along an arching axis that directly connects the corner of Bass Lake Road and Shingle Creek Parkway. Along the axis, rainwater features frame spaces and connect through the development to the future civic cornerstone. Stormwoter Stormwater and water management stewardship contribute to a healthy living model where residents and visitors are encouraged to acknowledge and interact with their surrounding environment. In this development, stormwater management is layered into green spaces where it is displayed as an amenity to space and place making, rather than hidden or managed as often-neglected rain gardens. These layered "green infrastructure" systems range from highly designed hard-edged stormwater features to more natural filtration basins. By combining gathering space, walkways, walls and other site features with stormwater systems, the design intends to create managed spaces that celebrate water as an integral component of place making. (See Appendix C) 2 ii: Appendix Innr Piz Southern Opportunity Site: Brooklyn Center Housing Construction Description The apartment buildings proposed for the Brooklyn Center site will be four story apartment structures over underground parking garages. The parking garages are to be constructed with concrete walls and floors and precast columns and beams supporting hollow core concrete floor slabs having a three hour fire rating. Access to the garages will be via ramped concrete driveways with in-slab heat to avoid ice problems. The parking garages will accommodate one parking spot per apartment unit. Garages are heated and have sprinkler coverage. Passive radon control systems will be incorporated into the construction. The apartment units will be constructed of wood frame systems meeting the Type V—One hour International Building Code Construction Type. Floors and roofs are framed with long span wood web joists 22 inches deep, and exterior and corridor walls are of 2" x 6" frame construction. Stair, elevator and mechanical vertical shafts will be two hour rated construction. The building will be fully sprinklered including within floor and roof joist systems and dry standpipe systems will be located in all stair shafts. Exterior walls will be clad in several long lasting materials including an ashlar stone faced concrete masonry product, a cement board panel system and cement lap siding. Balconies will have prefinished aluminum decking and powder coat painted railings. Roofs will be white PVC membranes over rigid insulation. Apartment units will be fully finished with painted gypsum walls and floors of residential carpeting with ceramic/porcelain tile in baths and kitchens. Corridors and stairs will be carpeted with mats used at all entrances. Each apartment building will have a management office and conference area and larger buildings will also have maintenance offices. A fitness center will be located in each building as well as community gathering rooms. Exterior patio areas with gas grilles, picnic tables and fire pits will serve each building. Playgrounds will additionally be provided for each building. Apartment units will have individual central gas fired heating and air conditioning. Hot water will be supplied from central boilers and water storage tanks. Apartments will be individually metered for gas and electricity. All apartments will be provided with TV, Data and Phone cabling. A-i c-CI-C a)U IItOto Q)I EEl ai —.,E •0. I-CL ai a)U — CO Cco 0)a)4-.a)ca 4-CC -Coci)VA a)U C-f.J U)U)-U COLAaibiD a) a) CO 0)4-C UCoCin Ln a)U U) a). . C 0 2CL en C o .-a)Ca)CoU,o C/C cc =Co 0 .0 o41 CJ .W ..Ea)5 CCO CU toCo 0. -0 C. w C(0 Cdl-a)to E4-.Co Co Co to -ca.0 mbiD toC .0 CU U) • .0 a) C 4-.CU cii biD E .24-.UU C 41C-CO0.CU ci 0 Co0.Co 0toCUC-.Q U 0) (0(.D N mW XIc1 o 0 0 0 C 0 >w w toC U >H w wH >=H z H 0 0 z H 0 a)CL 00 C/C ajU U) a) C0 CoC0 4C Co C a)0. 00. (d) tOC Co0. a)C0a)4-.CO a)EE0UUCo U,a)tOCo Coto toC I-Co0. A-2 o a-.-DO 0C C'-o.-.P 0 0 0 00 Ln LUH >H z H 0 0 z LU IH 0 I- U, C CL1) 0 U, U C r'1 tn U, 0 00 C CL U) C0 .04-, 0 E I..4-a)1 U,4-00 C U,I-00 U- C0 4-,U I-4-,U,C C a) a) 0, 0 U —I-4- C) U)C COQ CO.0 > -o 0 o C04-,U I-4-,InC0U a) E 4- 0 4., C I- a 4-,0 to 0 C C0 4-, -o0EE0 fu U U,ajto bn bDC Apartment Homes Featured Amenities • Custom Kitchen Features ° Washer/Dryer in Unit • Controlled Access Entry Underground P r ki ng i\ • Outdoor Space and Grill ° Community Room • Walk-In Closets ° On-Site Manager • Fitness Room ° Package and Dry. Cleaning Accommodations Deck________________ /,,lLI. Deck-; i: Hi Bedroom ti I C IIHH BaKi hen th Bath R;,t I t::'14— iII2lcil 1V \II ri—l----lLi One Bedroom , Two Bedroom Three Bedroom 725sq fet ) ) 1,045 sq. feet 1,360 sq. feet [lug Srrrulre Free - - - Actual representations of floor plans may vary. View our website for more Information. www.SandCompanies.com EuUAr. ,lOusrUG OPPORTUNITY We offer the benefits of a professional management team as well as the individual attention you deserve. For other great properties, visit our website. +Sand Property Management, LLC PropertyManagement@SandCompanies.com I www.SandPropertyManagement.com 366 South Tenth Avenue I P.O. Box 727 I Waite Park, MN 56387-0727 P: 320.202.3100 1 F: 320.202.3139 0 LUU) I0 (1)1±!0zLU0 n I/ Co Q) w ry- w LjH >H z H 0 0 LLA 0 0 0 C-) N a-.0 O cc00 0 (T LU -J I•- tJ< (I) 0a- w0(,)0 <ZZ < z z z c LU=V') U) (I) (I) (I) (I) 000000z z Z Z ZKl LU LU LU LU LU LU000000 1111 11 A-4 Appendix B Traffic Analysis 360 Robert Street North Suite 500 St. Paul, MN 551011589 651 222 2176 kljengcom [emnaiy Trp Generaon Amorarnduim Date: 1/4/2016 To: John Hink, Solution Blue Inc. Copy to: File From: Kevin Mackey; Matt Settergren, PE RE: Estimated Traffic Generation For Brooklyn Center Opportunity Site \ - Remarks This memorandum presents estimated traffic volumes generated by multifamily residential development that is proposed for the Opportunity Site in Brooklyn Center, MN. Traffic estimates were performed using data in the Institute of Transportation Engineers' Trip Generation Manual. Note: For reference, a map is also included at the end of this memorandum to show existing weekday daily traffic volumes in the study area (based on available data). Estimated Traffic Volumes Traffic estimates were performed for two different scenarios; one that assumes 746 dwelling units, and another that assumes 882 dwelling units. The 746 dwelling unit scenario assumes each apartment building will be four stories, and the 882 dwelling unit scenario assumes that five story apartment buildings will be built. Five different time periods were considered for traffic estimates: • Weekday daily traffic (entire day) • Saturday daily traffic (entire day) • AM peak hour of traffic (one hour time period) • PM peak hour of traffic (one hour time period) • Saturday peak hour of traffic (one hour time period) The tables below show the assumed trip rate per dwelling unit for each time period, the estimated traffic volume for each time period (this column is highlighted in red) as well as an B-i assumed directional split (entering or exiting the site) and consequent directional volumes during each time period. 746 Dwelling Unit Scenario: Weekday Daily Land Use I ITE Land Use Code I Unit Trip Rate I Units Size Total Trips % In % Out Trips In ITrips Out Apartment jApartment -220 16 .65 DU 746 1496J 150 ISO 12480 12480 AM Peak Hour Land Use I ITE Code I Unit Trip Rate I Units ISize Total Trip % In % Out ITrips In Trips Out Apartment jApartment -220 10.51 IDU 1746 1 381;120 180 176 1304 PM Peak Hour Land Use I ITE Code Unit Trip Rate I Units I Size lotal Trips 1% In %Out Trips In Trips Out Apartment jApartment - 220 10.62 IDU 1746 463 165 135 1301 1162 Saturday Daily Land Use I ITE Code I Unit Trip Rate I Units ISize ITotal Trips % In % Out ITrips In Trips Out Apartment jApartment - 220 16.39 IDU 1746 14767 ISO 150 12383 12383 Saturday Peak Land Use ITE Code I Unit Trip Rate jUnits ISize ITotal Trips % In % Out ITrips In Trips Out Apartment Apartment-220 10.52 IDU 1746 1389 150 150 1194 1194 = dwelling unit 282 Dwelling Unit Scenario: Weekday Daily Land Use JITE Land Use Code Unit Trip Rate jUnitsISIze ITotal Trips % In % Out ITripsin JTrlpsOutj Apartment jApartment -220 16.65 DU*1882 1,5865 150 150 12933 12933 AM Peak Hour Land Use I ITE Code I Unit Trip Rate jUnits Size Total Trips % In % Out ITrips In Trips Out Apartment jApartment -220 10.51 IDU 1882 14550 120 180 190 360 PM Peak Hour Land Use I ITE Code I Unit Trip Rate I Units Size Total Trips % In % Out ITrips In Trips Out Apartment jApartment -220 10.62 IDU 1882 1547 16S 135 1355 191 Saturday Daily Land Use JITECode I Unit Trip Rate Units ISize Total Trips % In % Out ITripsin ITripsOut Apartment jApartment -220 16.39 IDU 1882 15636 150 150 12818 12818 Saturday Peak Land Use JITECode Unit Trip Rate I Units I Size jlfotal Trips % In % Out Trips In Trips Out Apartment jApartment -220 10.52 IDU 1882 1459 150 150 1229 1229 = dwelling unit Page 2 of 3 B-2 VQ Traffic Impact Analysis A detailed traffic impact study is ongoing for this proposed development. This study will identify any potential traffic operational deficiencies that could be triggered by the addition of site-generated traffic, and will also identify roadway improvements that could be implemented to mitigate any potential operational issues. Some potential mitigation treatments that could be required include traffic control revisions or turn lane geometry revisions (addition or lengthening of turn lanes). Whether or not these types of improvements (or other improvements) are required at various locations throughout the study area will be determined as part of the ongoing traffic study. Page 3 of 3 B-3 1 ti 0cs1 0 W) 0 Lu OL 0 HCo C-) LU C ca cn (3 oC)Cl z c- C)'—' cz C-)0 ci CN E Wo co ui 4 W C0 '—C Li 0 0CV) W I I '0 L0 ki c i I11'A'L r Management [sr.j it.(] .J Brooklyn Center Water Resources Fact Sheet for Presentation 1.Surface Water - public waters, etc., MPCA 303d Impaired waters within 1 Mile, include DNR Public Waters Inventory numbers Public Waters: 637W 638W MPCA Impaired Waters: Shingle Creek: 303 d List for Dissolved Oxygen impairment, Biotic Impairment Storrnwater: Describe the quantity and quality ofstormwater runoff at the site prior to and post construction. Include the routes and receiving water bodies for runoff from the site (major downstream water bodies as well as the immediate receiving waters). Discuss any environmental effects from stormwater discharges. Describe stormwater pollution prevention plans including temporary and permanent runoff controls and potential BMP site locations to manage or treat stormwater runoff. Identify specific erosion control, sedimentation control or stabilization measures to address soil limitations during and after project construction. 2.Ground water— Soil borings will be taken to determine groundwater table depth. Site development should not negatively affect ground water. 3. Effects from project activities on following items a.Wastewater - N/A, Will probably increase volume of wastewater as site development converts to residential use. b.Stormwater (quantity and quality, routes and water bodies, environmental effects from discharge, SWPPP temporary and permanenet controls, potential BMP site locations to treat runoff, ESC. - See below for quantities. The majority of existing and proposed surface runoff will drain west to Shingle Creek through existing storm sewer system. A portion of drainage to the Northeast will drain to existing storm sewer that drains to the Brooklyn Center Regional Treatment system for treatment. Overall site impervious area will be reduced, thereby decreasing the volume and rate of stormwater runoff. Additionally, added BMPs will infiltrate the required volume and improve water quality. c.Water appropriation - d.Surface water: wetlands, other surface waters --Shingle Creek is adjacent to the site. Shingle Creek drains to the Mississippi River. Nearby wetlands (within 1 mile radius) include Public Water Wetlands 637W and 638W. C-2 Stormwater Management Existing Drainage: Total: 31.33 ac Impervious: 27.75 ac Pervious: 3.58 ac 100-yr peak flow rate (estimate): 283 CF/sec. 6.67 ac to Brooklyn Center Treatment Facility, 24.66 ac to Shingle Creek Most drains west to Shingle Creek (24.66 ac) Portion of the existing site (290,496 ft. = 6.67 ac) drains northeast to the 651h Avenue trunk storm sewer, Brooklyn Center Regional Treatment. Proposed Drainage: Total: 31.33 ac Impervious: 19.0 ac Pervious: 12.33 ac Storm Treatment Area delineation (counted as part of Pervious): 0.87 ac 100-yr peak flow rate (estimate): 248 CF/sec. Treatment Volume (potentially, assuming 3 ft depth infiltration, Type B soils): 125,278 CF A combination of bio-infiltration basins and NURP wet sedimentation ponds will be placed on site to meet rate, volume, and water quality requirements. Additional sub-surface treatment will be considered, if needed, to meet the requirements. For drainage (equal to or less than existing) that will be directed to the Brooklyn Center Regional Treatment Center, on-site TSS treatment is not required, but 0.75" of runoff from impervious area is required to meet the TP removal requirement. Regulations/Requirements (Shingle Creek Watershed Management Commission): 1.Rate control: Peak runoff rates for proposed 2-yr, 10-yr, 100-yr runoff rates may not exceed existing. 2.Volume management: 1" of impervious surface runoff must be abstracted on site. In this case, 19 ac x 1/12 ft = 68,970 CF of infiltration volume required. (Less if pervious is about 14 acres instead of 12.3). Assuming B soils and delineated stormwater areas with 3 ft. deep basins, infiltration volume is sufficient. 3.Water Quality: Removal of 60% TP and 85% TSS removal. Use NURP standards (permanent wet pool with dead storage of at least the runoff from the 2.5" storm event). For drainage (equal to or less than existing) that will be directed to the Brooklyn Center Regional Treatment Center, on-site TSS treatment is not required, but 0.75" of runoff from impervious area is required to meet the TP removal requirement. 4.Erosion and Sediment Control: Use BMP5 that are consistent with NPDES General Construction Permit and other erosion control best practices. S. Floodplain Alteration: No flood plains on-site. C-3 Appendix D v Plair voo3n,acIm,cs NN 31N30 NA1)OO9 (enj UOIJ Ti/OS iIsAiINnJOddONdHInos dVV! AIflLLfl lVflld3ONOO Commissioner Lin Myszkowski introduced the following resolution and moved its adoption: EDA RESOLUTION NO. 2015-22 RESOLUTION APPROVING AGREEMENTS RELATED TO THE DEVELOPMENT OF THE OPPORTUNITY SITE WHEREAS, the Economic Development Authority of Brooklyn Center, Minnesota ("EDA") is working, in accordance with the strategic plan for the City of Brooklyn Center, to redevelop the former Brookdale Square site, which is now owned by the EDA (the "Opportunity Site"); and WHEREAS, the EDA is overseeing the development of the Opportunity Site and Sand Development, LLC, 366 South Tenth Avenue, Waite Park, Minnesota 56387 ("Redeveloper") is proposing to redevelop the southern portion of the Opportunity Site; and WHEREAS, the EDA has negotiated a Preliminary Development Agreement with the Redeveloper to set out certain responsibilities related to developing preliminary plans and determining feasibility for redeveloping the Opportunity Site; and WHEREAS, the EDA's responsibilities under the Preliminary Development Agreement include performing certain design work and studies on the southern portion of the Opportunity Site; and WHEREAS, the EDA received a proposal from Solution Blue, Inc., 318 Cedar Street, St. Paul, MN 55101 ("Consulting Engineer") to conduct the work to be performed by the EDA. NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority of Brooklyn Center, Minnesota as follows: 1.The EDA hereby approves the Preliminary Development Agreement with the Redeveloper and authorizes and directs the President and Secretary of the EDA to execute the agreement and to take such other actions are needed to complete the EDA's responsibilities under the agreement. 2.The EDA hereby selects the Consulting Engineer to perform work for the EDA related to the development of the southern portion of the Opportunity Site in accordance with the submitted proposal, approves the proposed agreement with the Consulting Engineer, and authorizes and directs the President and Secretary of the EDA to execute the agreement and to take such other actions are needed to accomplish the purposes of the agreement. RESOLUTION NO, 2015-22 October 12, 2015 Date President The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Kris Lawrence-Anderson and upon vote being taken thereon, the following voted in favor thereof: - Tim Willson, April Graves, Kris Lawrence-Anderson, Lin Myszkowski, Dan Ryan and the following voted against the same: whereupon said resolution was declared duly passed and adopted. VVI$O)tiu)1Ih'AJ DATE: October 12, 2015 TO: Curt Boganey, City Manager FROM: Gary Eitel, Director of Business & Development SUBJECT: Resolution Approving Agreements Related to the Development of the Opportunity Site. Recommendation: It is recommended that the Economic Development Authority consider approval/adoption of a Resolution Approving Agreements Related to the Development of the Opportunity Site. Background: On September 14, 2015, the City Couñcil/EDA Work Session included a discussion on a preliminary development agreement (Contract for Exclusive Negotiations with Sand Development LLC) for the development of a market rate apartment and commercial Planned Unit Development within the southern portion of the Opportunity Site. The majority consensus of the City Council/EDA was to move forward with the development plan. Attached for your reference is a copy of the staff memorandum presented at that September 14, 2015 Work Session and excerpt of the Work Session Minutes. Preliminary Development Agreement (Contract for Exclusive Negotiations): The attached agreement provides for the EDA (the Authority) serving as the Master Developer of the Opportunity Site and Sand Development LLC. (the Redeveloper) serving as the builder and manager of the residential component of this mixed use development. The preliminary development agreement identifies the following roles and responsibilities of each party: Sand Development LLC. (the Redeveloper) will undertake at its sole cost and expense the following: (a)the development of preliminary design schemes of the Imprdvements including site plans and parking layouts along with building elevations, amenities, floor plans and unit plans; (b)the development preliminary total development cost budgets for the Improvements; (c)conduct feasibility analysis for the Improvements including market demand, target markets, building features and attributes, pricing and rental rate structure, market saturation and penetration rates, financial pro-formas and project capital and financing; and (d)the development of a preliminary completion schedule for the Improvements. fIission: Ensuring an attractive, clean, safe, iizeliisive community that enhances the quality of life for ailpeople and preserves the public trust I aIiYI1I ik'i LA I k'4 (I) flP mJh'À I The EDA (the Authority) will undertake at its sole cost and expense the following: (a)development of preliminary Site design schemes for the public improvements including ,streets and streetscape, parks and trails and utilities including water, sewer and storm water (retention and treatment) infrastructure to serve the development; (b)development of preliminary cost budgets for the public improvements for the total development of the Site and financing options; (c)conduct traffic studies related to the Site and Improvements; and (d)development of preliminary design schemes for the commercial redevelopment. Sand Development and the consulting firm, Solution Blue, have indicated that the above tasks can be completed in a 90 day period. Upon completion of the preliminary development tasks and the following findings: 1. the EDA finds the design schemes and planned improvements developed by Sands Development for a residential development which meets the vision of the City for the redevelopment of the Opportunity Site, 2, the feasibility analysis provides Sand Development with the necessary findings and assurances that the project is feasible and marketable, and 3. the EDA approves the necessary infrastructure improvements and determines that they are economically feasible to be funded through a Tax Increment Bond. Then, the EDA and Sand Development LLC will proceed with the drafting of a Development Agreement which would include the following: e Duration of the contract, • Land acquisition price and terms from Authority to Redeveloper for the Improvements which shall be one dollar and other good and valuable consideration. • Site preparation timing and costs to be paid for and completed by Authority which shall include but not limited to demolition and environmental remediation. • Public improvement timing and costs to be paid for and completed by Authority, • Timing of land acquisition and construction of the Improvements and public improvements. • Affordability requirements, if any. • City review and approval rights. • Other financial assistance that may be required to complete the Improvements as determined mutually by the Parties based on the completed feasibility analysis. The preparation of this Development Agreement in February-March would, enable a 1st phase construction schedule to occur in 2016. !Ji'issio,,: Ensuring an aifradilve, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust u a 0 iii I]SJ I Consulting Services to complete the Preliminary Design & Feasibility Tasks The attached proposal by Solution Blue, Inc. provides for the necessary Civil Engineering, Land Surveying, Landscape Architecture, Public Infrastructure Coordination, Development Phasing Plan and Traffic Analysis to complete the design items and tasks identified as the responsibility of the EDA. The EDA's cost for the preparation of preliminary designs, infrastructure & feasibility studies, and budgets for a Master Development Plan for this 32 acre site have been broken into the following design components: Project Tasks Fees Summation Task A: Topographic Survey $ 13,200 Task B.l: Programming and, Inventory $21,815 Task B.2: Concept Plan $ 9,490 Task B.3: Concept Revision & City Meeting $ 11,755 Step One $56,260 Task C. 1: Coordinate City Review and Comments $ 1,600 Task C.2: Refine Master Plan $ 11,630 Task C,3: Probable Cost Estimate $ 5,740 Task CA Supplemental Traffic Analysis $ 21,450 Step Two $40,420 Step One and Two Total $96,680 Optional Services for Commercial/Civic Area Task D.1: Programming and Inventory $ 8,785 Task D.2: Concept Plan $ 6,115 Task D.3: Concept Revision & City Meeting $ 4,760 Task D,4: Refine Master Plan $ 5,860 Task D.3: Probable Cost Estimate $ 2,460 Total for Additional Area $27,980 The intersection of Bass Lake Road and Shingle Creek Parkway frames the southwest corner of. the EDA's 32 acre site and provides an excellent opportunity for a gateway entrance to highlight the planned redevelopment of this area. The proposal provides for the development of two options, 1) retail development that focuses on retail needs & services which compliments the lifestyle of the new residents, 2) civic improvements fOr a potential public use facility and amenity which distinguishes this development. Mission: Ensuring an attractive, clean, safe, inclusive conmfliflhty That enhances the quality of life for allpeople and preserves the public trust I a i7I4V aI'4 flk'4 0) iI Ii,JYAi To accomplish this task Solution Blue has added to their professional team Architectural Consortium LLC (led by Kathy Anderson) to aid in the evaluation of the commercial/civic components and site options. Mandatory Environment Assessment Worksheet. The proposed redevelopment of Opportunity Site with a residential component that exceeds a mandatory threshold of 375 attached units in a city within the seven-county Twin Cities Metropolitan Area (MN Rule 4410.4300 and 4410.4400) is required prepare and process an Environmental Assessment Worksheet (EAW) Attached for your reference are the EAW form and the Minnesota Environmental Quality Board (EQB) quick reference to the Environmental Assessment Work Sheet which identifies the process. The information provided by Solution Blue is necessary component in preparing responses to the questions within the Environmental Assessment Worksheet. Budget Issues: The costs associated with the Preliminary Development Agreement'will be funded by Tax Increment District 3. The development and infrastructure costs identified bu the Preliminary Design and Feasibility Study are proposed by be funded though the creation of a Redevelopment Tax Increment District for Southern portion of the Opportunity Site! Strategic Priorities: Targeted Redevelopment __..-.--...-.. 111issio,,: Ei,suihig on attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public (rust Commissioner introduced the following resolution and moved its adoption: EDA RESOLUTION NO. RESOLUTION APPROVING AGREEMENTS RELATED TO THE DEVELOPMENT OF THE OPPORTUNITY SITE WHEREAS, the Economic Development Authority of Brooklyn Center, Minnesota ("EDA") is working, in accordance with the strategic plan for the City of Brooklyn Center, to redevelop the former Brookdale Square site, which is now owned by the EDA (the "Opportunity Site"); and WHEREAS, the EDA is overseeing the development of the Opportunity Site and Sand Development, LLC, 366 South Tenth Avenue, Waite Park, Minnesota 56387 ("Redeveloper") is proposing to redevelop the southern portion of the Opportunity Site; and WHEREAS, the EDA has negotiated a Preliminary Development Agreement with the Redeveloper to set out certain responsibilities related to developing preliminary plans and determining feasibility for redeveloping the Opportunity Site; and WHEREAS, the EDA' s responsibilities under the Preliminary Development Agreement include performing certain design work and studies on the southern portion of the Opportunity Site; and WHEREAS, the FDA received a proposal from Solution Blue, Inc., 318 Cedar Street, St. Paul, MN 55101 ("Consulting Engineer") to conduct the work to be performed by the EDA. NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority of Brooklyn Center, Minnesota as follows: 1.The EDA hereby approves the Preliminary Development Agreement with the Redeveloper and authorizes and directs the President and Secretary of the EDA to execute the agreement and to take such other actions are needed to complete the EDA' s responsibilities under the agreement. 2.The EDA hereby selects the Consulting Engineer to perform work for the EDA related to the development of the southern portion of the Opportunity Site in accordance with the submitted proposal, approves the proposed agreement with the Consulting Engineer, and authorizes and directs the President and Secretary of the EDA to execute the agreement and to take such other actions are needed to accomplish the purposes of the agreement. October 12, 2015 Date President The motion for the adoption of the foregoing resolution was duly seconded by Commissioner 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. '1 PRELIMINARY DEVELOPMENT AGREEMENT (Contract for Exclusive Negotiations) THIS AGREEMENT, made as of this of 2015 is between the Economic Development Authority of Brooii Center, Minnesota, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota 55430 (the "Authority") and Sand Development, LLC, 366 South Tenth Avenue, Waite Park, Minnesota 56387-0727 (the "Redeveloper"). WHEREAS, Redeveloper is proposing to develop the area identified in Exhibit A (the "Site") and is requesting that Authority negotiate exclusively with Redeveloper while the Site is being studied, acquired and designed; and WHEREAS, Authority is willing to negotiate exclusively with Redeveloper provided that certain conditions described in this Agreement are met. NOW, THEREFORE, in consideration of the mutual obligations of the Parties hereto, each of them does hereby covenant and agree with the other as follows: Section 1.0 Definitions. In addition to the words and terms elsewhere defined in this Agreement, the following wards and terms shall have the following meanings in this Agreement unless a different meaning clearly appears from the context: "Agreement" means this Agreement, as the same may be from time to time modified, amended or supplemented by written agreement of the Parties. "Authority" is the Economic Development Authority of Brooklyn Center, Minnesota. "City" is the City of Brooldyn Center, Minnesota. "Improvements" are site redevelopment and the new construction of approximately 600 multifamily residential units within multiple buildings on the Site. "Parties" means Authority and Redeveloper together and "Party" means either. "Redeveloper" is Sand Development, LLC, a Minnesota limited liability company. "Contract for Private Redevelopment" means a redevelopment contract as described in Section 4.0 of this Agreement. "Site" means the real property described in Exhibit A of this Agreement. "State" is the State of Minnesota. Section 2.0 Representations by the, Authority. Authority represents that it is a public body duly organized and existing under the laws of the State and that it has the power and authority to enter into this Agreement and carry out its obligations hereunder. Section 21 Representations by the RedeveiQp. Redeveloper represents that it is a Minnesota limited liability company duly organized and existing under the laws of the State and that it has the power and authority to ente into this Agreement and carry out its obligations hereunder. Section 3.0 Redeveloper Responsibilities. Redeveloper agrees to undertake and be responsible for the following under this Agreement, at its sole cost and expense: (A)Develop preliminary design schemes of the Improvements including site plans and parking layouts along with building elevations, amenities, floor plans and unit plans. (B)Develop preliminary total development cost budgets for the Improvements. (C)Conduct feasibility analysis for the Improvements including market demand, target markets, building features and attributes, pricing and rental rate structure, market saturation and penetration rates, financial pro formas and project capital and financing. (D)Develop preliminary completion schedule for the Improvements. Section 3.1 Authority Responsibilities. Authority agrees to negotiate exclusively with the Redeveloper for a Contract for Private Redevelopment in accordance with the terms of this Agreement and undertake and be responsible for the following under this Agreement, at its sole cost and expense: (A)Develop preliminary Site design schemes for the public improvements including streets and street scape, parks and trails and utilities including water, sewer and storm water (retention and treatment). (B)Develop preliminary total development cost budgets for the public improvements for the Site and financing options. (C)Conduct traffic studies related to the Site and Improvements. (D)Develop preliminary design schemes for the neighboring commercial redevelopment. Section 4.0 Contract for Private Redevelopment. This Agreement outlines the Parties understanding that they intend to negotiate in good faith and that such negotiations may lead to the execution of a definitive Contract for Private Redevelopment. Each Party must find the terms acceptable in that Party's complete and unfettered discretion. Each Party expressly acknowledges and agrees that, as a result of the exercise of a Party's discretion, it is possible that no Contract for Private Redevelopment or other agreement of any kind relating to the redevelopment project may be consummated. The Contract for Private Redevelopment, if entered into, shall address the issues involving the development of the Site, including but not limited to the following: (A) Duration of the contract. (B)Land acquisition price and terms from Authority to Redeveloper for the Improvements which shall be one dollar and other good and valuable consideration. (C)Site preparation timing and costs to be paid for and completed by Authority which shall include but not limited to demolition and environmental remediation. (D) Public improvement timing and costs to be paid fox and completed by Authority. (B) Timing of land acquisition and construction of the Improvements and public improvements. (F)Affordability requirements, if any. (G)City review and approval rights. (H) Other financial assistance that may be required to complete the Improvements as determined mutually by the Parties based on the completed feasibility analysis. Section 5.0 Termination. This Agreement shall terminate on February 1, 2016 unless (i) written notice is given by either Party to the other Party, expressing such 1 arty's1 intention to terminate this Agreement on an earlier date, not less than ninety days prior to sñdh termination date; or (ii) both Parties agree in writing to earlier terminate, or to extend this Agreement. Section 6.0 Effect. 866h Party retains throughout the course of this Agreement the obligation to deal in good faith along with a right of complete and unfettered discretion to conduct its negotiations and perform its responsibilities in the manner it sees fit. The Parties agree that upon termination of this Agreement pursuant to the terms, neither shall have any further obligation to each other and the Parties further agree to execute any document reasonably necessary to evidence termination. Section 7.0 Additional Provisions: (A)Redeveloper shall not assign this Agreement or any of its rights or obligations under this*Agreement without the written consent of Authority. (B)Each Party. shall make all reasonable efforts to cooperate with the other Party. (C) Except for any willful misrepresentation or any willful misconduct by Authority, the City or their agents, officers and employees, Redeveloper shall hold Authority and the City, their agents, officers and employees harmless from Authority's acts under this Agreement. D) The Parties are not partners or joint ventures in the redevelopment of the Site, construction of the Improvements or in any activities contemplated by this Agreement. IN WITNESS WHEREOF, Authority has caused this Agreement to be duly executed in its name and behalf, and Redeveloper has caused this Agreement to be duly executed in its name and behalf, both as of the date first above written. ECONOMIC DEVELOPMENT AUTHORITY OF BROOKLYN CENTER, MINNESOTA Dated: By Its: Chair By Its: Secretary SAND DEVELOPMENT, LLC Dated: I MfManager • h t •\., \\ N N 3L iI O IIII II "II Il tL1H II rthU llH Hi p 1p JLi !!I V 4j I. 10 fli - c. V .LI1RXH January 25, 2016 Review of the conceptual development and vision proposed by Sand Development for a market rate apartment development within the southern portion of the Opportunity Site. Background On September 14, 2015, the City Council/EDA Work  Session included a discussion on a preliminary development agreement (Contract for Exclusive Negotiations with Sand Development LLC) for the development of a market rate apartment and commercial Planned Unit Development within the southern portion of the Opportunity Site. The majority consensus of the City Council/EDA was  to move forward with the development plan. On October 12, 2015, the EDA adopted Resolution  No. 2015-22, a Resolution Approving Agreements Related to the Development of the Opportunity Site. Preliminary Development Agreement (Contract for Exclusive Negotiations) The Preliminary Development Agreement (Contract for Exclusive  Negotiations) identified the roles and responsibilities of the EDA as the Master Developer of the Opportunity Site; Sand Development, LLC. as the Redeveloper (builder and manager) of the residential portion of the site; and the following preliminary development tasks to be completed before proceeding with a final development agreement: The EDA finds the design schemes and planned improvements developed  by Sand Development meet the City’s vision for the redevelopment of the Opportunity Site. The necessary findings and assurances that the project is feasible and  marketable are made by Sand Development. The EDA approves the necessary infrastructure improvements and  determines that they are economically feasible to be funded through a Tax Increment Bond. Task # 1 The EDA finds the design schemes and planned improvements developed  by Sand Development meet the City’s vision for the redevelopment of the Opportunity Site. Task # 2 The necessary findings and assurances that the project is feasible and  marketable are made by Sand Development. Task # 3 The EDA approves the necessary infrastructure  improvements and determines that they are economically feasible to be funded through a Tax Increment Bond. Approx. 2,000 linear feet of new public street (Earle Brown extension to  Shingle Creek Pkwy) Approx. 400 linear feet of access drive to Minnesota School of  Business Approx. 900 linear feet of access drive with parking adjacent to  commons area st 1phase development of 308 units projected to generate $500,000+  annual increment for 23-25 years. Future phases (436 units in the 5 other apartments) projected to  generate an additional $750,000 in annually. (18-20 years pending on phasing schedule) Policy Issues: Does the City Council/EDA find that the design schemes and planned improvements provided by Sand Development and Solution Blue meet the City’s vision for the redevelopment of the southern portion of the Opportunity Site? Work Session Agenda Item No. 4 k'A I D (I) 1tI P1SJ EI1IJ(SJ I !i'LI) 1 i *'fi KI DATE: January 22, 2016 TO: City Council FROM: Curt Boganey, City Manag SUBJECT: State Legislative Priorities 2016 Recommendation: It is recommended that the City Council determine if there are particular issues or needs facing the City that warrant special attention from our local legislators during the upcoming legislative session. Background: The City of Brooklyn Center, as a member of the League of Minnesota Cities, Metro Cities and the North Metro Mayors Association, employees lobbyists to advocate for our political interests to the extent that our interests are shared by the majority of the members of those organizations. North Metro Mayors is somewhat different to the extent that policies advocated by this organization tend to be focused on the northern region and local interests of individual communities. I have enclosed a copy of the North Metro Mayors Legislative Action Plan which includes advocacy for improvements to Highway 252. On Saturday, January 30th, the City of Crystal will host a Legislative Breakfast at the Crystal City Hall (notice enclosed). This will be an opportunity to hear from local legislators and to share local and regional concerns. The purpose of this agenda item is to determine if there are local issues we wish to highlight for our local legislators this year. Staff has identified a few issues that you may wish to consider because they have or will potentially have a significant future effect on our community or City government. Property Tax Relief— Councilmember Ryan I have attached a memo from Councilmember Ryan and data collected by staff regarding changes in property values, tax capacity and taxes. Councilmember Ryan has expressed an interest in possibly proposing legislative property tax relief. Local Government Aid The continued funding of Local Government Aid is a significant resource for the City. It allows us to make essential capital investments and it lowers the property tax burden. Metro Area Fiscal Disparities This is another very significant contributor to the fiscal wellbeing of the City and our taxpayers. Without fiscal disparities the property tax burden in Brooklyn Center would escalate dramatically. jiltss,on: Eiss-u ring an attractive, clean, safr, inclusive cwnnuinitj' that enhances the quality of lift for all people and preserves the public trust k'A I kA (I) 11I 1111 YA S[I1IJ[SJ I !'LI) 1 J f1tIAi Sales Tax Exemption Simplification We advocate for a way to simplify utilization of the current sales tax exemption for construction materials. The application of the current sales tax exemption process on construction is so complicated, risky and burdensome to the contractor that we are aware of no cities that have decided to use this exemption. In Brooklyn Center we estimate savings of $300 thousand to $400 thousand annually for our annual neighborhood construction projects if the exemption was truly available. Transportation Funding Improvements to Highway 252 are a clear priority for the City Council. The first step is an immediate update of the of the State's Transportation Plan to include a trunk highway freeway conversion project and to immediately proceed with the necessary freeway conversion study, planning, and funding for this project. Body Camera Public Data The City will be acquiring body cameras for all of our patrol officers in the near future. As of today there is significant concern regarding the issue of what information captured by the camera will be available to the general public. As we develop department policy, it will be very helpful if the State can establish clear regulations regarding the issue of body camera data accessibility. Fair Housing Policy The City of Brooklyn Center has filed a complaint with the Department of Housing and Urban Development against the Minnesota Housing Finance Agency and The Metropolitan Council. We believe they have failed to meet their federal obligations to affirmatively further fair housing by helping reduce segregation and concentrations of poverty. We need our legislature to support and encourage each of these agencies to meet its Federal and State obligations to eliminate housing discrimination and assure that poverty is not concentrated in certain segments of the region. Predatory Offenders The City of Brooklyn Center has enacted temporary regulations and a moratorium regarding the location of Level 3 predatory offenders. In recent years the City of Brooklyn Center has experienced a multifold increase in the number of Level 3 predatory offenders located in the City. Brooklyn Center has the second highest number of predatory offenders in Hennepin County. This increase has occurred as a direct result of policies adopted by Hennepin County Probation Department barring these offenders from specific zip codes in Minneapolis after the City Minneapolis objected to the high concentrations of offenders on the North Side. Other cities throughout the State have adopted regulations and moratoriums because of similar concerns. We anticipate that this issue of inequitable and burdensome concentration of predatory offenders will be resolved in the courts or through legislation. Before there is a crisis that leads to a lawsuit, we believe the legislators should convene a body of stakeholders to find a solution that is equitable throughout the state. We believe it should be a solution that does not place an excessive risk and burden on communities of color and poor communities. Mission: Ensuring an attractive, clean, cafe, inclusive community that enhances the quality oflife fbr all people and preserves the public trust k I *A (I] 1WI UU i1Ii(iJ I i'LI] 1 C4b1 *fJ [Shl Policy Issues: Does the City Council wish to submit a legislative agenda to our local State Legislators for the upcoming legislative session? What legislative policy positions should advance to our legislators? Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality qf life for all people and preserves the public frust North Metro North Metro Mayors AssociationMayors 2016 Legislative Action Plan Obtain street/roadway improvements at Highway 169 and County Road 81 within the Osseo boundary that reflect the character of Osseo. Work to improve bike/pedestrian access between Osseo and neighboring communities. Work with Blame and the National Sports Center to resolve traffic issues related to 105th Avenue in Blame Rail Crossings and Rail Safety • Support funding for modernization and separation of rail-vehicle traffic as a critical matter of public safety and congestion relief in the North Metro. Fiscal Policy • Work with the NMMA Legislative Delegation, League of Minnesota Cities, Metro Cities, Anoka County, Ramsey County and other stakeholders to be sure the collective North Metro voice is heard and ensure that the Local Government Aid and Metro Area Fiscal Disparities programs remain intact. • Advocate for NMMA perspectives in debates over comprehensive tax reform proposals. • Support member city economic development and TIE initiatives opportunities. • Continue to join with other county and city organizations opposing legislation providing for a future reverse referendum if a county or city increases its property tax levy. • Support legislation creating early voting opportunities that create administrative and financial efficiencies for local governments. • Oppose the delay of the effective date for the extension of the general sates tax exemption for joint powers entities and special taxing districts. Governance Work with the League of Minnesota Cities, Metro Cities and other local government partners in a collaborative manner to advance key local governmental legislative objectives. Support legislation for staggered terms for Metropolitan Council members. Conduct legislative candidate forums in NMMA member city districts so as to inform candidates on NMMA issues and to assist voters in determining their choices. Host NMMA Legislative Delegation meetings early in each Legislative Session and as needed white working with the delegation to advance NMMA legislative goals and objectives. Engage NMMA Community Partners in legislative efforts to more effectively carry the NMMA message to elected officials and the Governor's administration. Water Support efforts of the NMMA Water Work Group to establish policy positions on water issues. Engage NMMA stakeholders to endorse and promote regional water supply facilities. • Monitor the Minnesota Pollution Control Agency and potential regulation changes which would make it more difficult for cities to develop dump sites. • Support funding to assist cities in fighting invasive plant species in North Metro lakes and rivers. Curt Boganey From: Nate Reinhardt Sent: Wednesday, January 20, 2016 3:30 PM To: Curt Boganey Subject: RE: Homestead Property Tax Relief Attachments: Property Tax Levy.pdf; Median Value Home.pdf; Tax Capacity (2014).pdf; Tax Capacity (2016).pdf; Tax Changes (2015).pdf; Tax Changes (2016).pdf Curt, I have prepared some charts and provided the summary below. If you would like to see something more formal or different information, just let me know, but here are some of the discussion points that could be raised. Over the past three years and estimated for 2017 we have seen significant increases in residential property values and residential property taxes. The property taxes paid by homeowners have risen dramatically despite modest increases in the City's property tax levy as shown in the attachment "Property Tax Levy". This chart provides the actual percentage increase in the City's Property Tax Levy (excludes the HRA levy). See attachment "Median Value Home" the median value home in the City of Brooklyn Center had a value in 2014 of $114,300 and paid estimated City taxes of $662, this has risen to a median value home of $142,100 with estimated City taxes of $849. This is an increase of over 28% in just two years. See attachments "Tax Capacity (2014)" and "Tax Capacity (2016)". There has been a significant shift in who pays the property taxes in the City of Brooklyn Center over the same time period. In 2014, residential properties made up 42.46% of total City tax capacity compared to 48.76% for taxes payable in 2016, meaning over 6% of the total property taxes paid has shifted from industrial/commercial to residential properties. See attachments "Tax Changes (2015)" and "Tax Changes (2016)". These charts really provide more evidence of the significant increases in property taxes for homeowner in Brooklyn Center. For example, in 2015 we saw 96.4% of commercial and industrial properties have a decrease in property taxes while 94.9% of residential had increases in their property taxes, 59.2% of these increases in residential were above 10%. The numbers are very similar for taxes payable in 2016. Again 77.5% of commercial and industrial properties will see decreases in their property taxes, while 95.1% of residential properties will see an increase. 57.2% of residential will see increases over 10% in their property tax bill. In addition to direct property tax to residential, local government aid increases often have similar impacts, and help stabilize the increases in local government property tax levies. Hope this information helps, Nathan Reinhardt, CPA, MBA Finance Director City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Ph. 763-569-3345 nreinhardtci.brooklyn-center.mn.us From: Curt Boganey Sent: Tuesday, January 19, 2016 2:49 PM To: Dan Ryan Subject: RE: Homestead Property Tax Relief I will have staff explore the issue and report back. I think it is always preferable if there is support from the City Council when proposing a legislative action. It helps when the legislator when they know the full Council is on the same page. If there is no Council consensus or if there is no City approved policy related to the issue, there is no harm speaking as a single legislative constituent. I am glad to place an item on the next work session just for the purpose of identifying any Council legislative concerns or issues. Coni4AS L. City nger Curt Bogwy U fly F • **. g; .. From: Dan Ryan Sent: Monday, January 18, 2016 10:51 AM To: Curt Boganey Subject: Homestead Property Tax Relief Curt, For 2016 the council approved a 1.9 % increase in the city's budget and overall property tax levy of 3,99 %. The tax levy increase was largely driven by the new debt service payment resulting from the 2015 bond issues for neighborhood street utility projects and redevelopment TIF bonds. I certainly believe that the city can make a strong case for fiscal responsibility, yet the 3.99 % incease in the levy resulted in a number of homestead properties experiencing substantial double digit increases in their property tax bill. It would seem counter intuitive that a single digit increase in the tax rate would result in a double digit tax increase. As noted in the discussion during our December budget hearing, some of that increase was the result of property assessments, but some of the increase has to do with shifts in the distribution of the tax burden among the different classes of real property, industrial, commercial, apartments, and homestead. In the case of Brooklyn Center, was that tax shift more heavily weighted to residential, the result of residential properties EMV's increasing faster than other classes of property? 2 What data could the staff provide that would support the case for property tax relief for our homeowners? I want to be respectful of staff resources, but could staff provide that information without taking too much time and effort? We have the legislative breakfast in Crystal coming up on the 30th; I would like to request that our legislators seek some property tax relief for homeowners in this session. There is never any guarantee that tax relief will happen, but I don't think it hurts to ask. Is this a matter that will require council consensus before pursuing it, or couldn't it simply be on my own initiative? Dan Ryan City of Brooklyn Center Councilmember 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 City Hall Phone 763-569-3300 City Hall Fax 763-569-3494 Voicemail 763-569-3445 Home 763-535-4177 councilrnemberryan@ci .brooklyn-center.rnn,us www.cityofbrooklyncenter.org Change in City Property Tax Levy 4.50%3.99% 4.00% 3.50% 3.00%2.90% 2.50% 2.00% 1.50% 0.88%L1.00% 0.50% --0.12% 0.00% 2013 2014 2015 2016 MEDIAN VALUE RESIDENTIAL PROPERTY With Estimated City Portion of Property Taxes $145,000 $900 $140,000 $850 $135,000 $800 $130,000 $750 $125,000 / $700 $120,000 - $650 $115,000 $600 $110,000 I____$550$105,000 $100,000 $5002013201420152016 o Estimated City Taxes $671 $662 $755 $849 u Estimated Market Value - Median $1191400 $114,300 $131,400 $142,100 The graph above shows the estimated market value of the median value residential property in the City of Brooklyn Center. The median value can be defined as the exact middle, seperating the higher half of residential properties with the lower half of residential properties. The graph also shows the estimated City portion of property taxes for a residential property with the respective estimated market value for each given year. It is important to note that these figures (the estimated City taxes) should only be viewed as an estimate for a residential property at the given estimated market value. There are a number of factors, including what school district, or watershed district that a property is located within, that will affect the actual City portion of property taxes in any given year. COMPONENTS OF TOTAL TAX CAPACITY (PAYABLE 2014) Commercial 32.39% Farm/Other 0.05% Apartments 11.51% ii ---------'--. '. Industrial 13.60% ResidentiaI_- 42.46% The chart above is essentially illustrating the tax burden on each respective property class within the City of Brooklyn Center. The tax burden is illustrated by showing each property class that comprises the total tax capacity within the City, and its respective percentage of the total tax capacity. A property's tax capacity is multiplied by the tax rate for each taxing authority which determines the amount of tax owed. Essentially this chart is illustrating that residential properties absorb 42.46% of the City portion of property taxes. COMPONENTS OF TOTAL TAX CAPACITY (PAYABLE 2016) Commercial 27.91% Farm/OtherIndustrial 0.04% \\\ [11.60% Apartments 11.68% -i - Residential 48.76% The chart above is essentially illustrating the tax burden on each respective property class within the City of Brooklyn Center. The tax burden is illustrated by showing each property class that comprises the total tax capacity within the City, and its respective percentage of the total tax capacity. A property's tax capacity is multiplied by the tax rate for each taxing authority which determines the amount of tax owed. Essentially this chart is illustrating that residential properties absorb 48.76% of the City portion of property taxes. Distribution of Property Tax Amount Changes by Number of Properties in Each Category (Taxes Payable 2015) #01 Properties in Category Decrease 15% or more Decrease 10.0% to 14.9% Decrease 5.0% to 9.9% Decrease 0.0% to 4.9% Increase .1% to 4.9% Increase 5.0% to 9.9% Increase 10.0% to 14.9% Increase 15% or more 7,234 Single Family Residential 36 30 57 245 751 1,833 2,285 1,997 0.5%0.4%0.8%3.4%10.4%25.3%31.6%27.6% 83 Apartments --17 37 23 5 -1 0.0%0.0%20.5%44.6%27.7%6.0%0.0%1.2% 164 Commercial & Industrial 10 ii 49 88 4 1 - 6.1%6.7%29.9%53.7%2.4%0.6%0.0%0.6% 7,481 Total # of Properties 46 41 123 370 778 1,839 2,285 1,999 % of Total Properties 0.6%0.5%1.6%4.9%10.4%24.6%30.5%26.7% The table above illustrates the changes in property taxes from 2014 to 2015 (in % terms) for the respective property classes. This table intends to give a broad spectrum analysis of how property taxes are changing across the City from year to year. It takes into effect multiple effects such as: trends in market values for each property class, actual changes in market values for individual properties, and change in the City's lax rate. Distribution of Property Tax Amount Changes by Number of Properties in Each Category (Taxes Payable 2016) # of Properties in Category Decrease 15% or more Decrease 10.0% to 14.9% Decrease 5.0% to 9.9% Decrease 0.0% to 4.9% Increase 1% to 4.9% Increase 5.0% to 9.9% Increase 10.0% to 14.9% Increase1 15% or more 7,550 Single Family Residential 1 4 63 298 620 2,243 2,313 2,008 0.0% 1 0.1%0.8%3.9%8.2%29.7%30.6%26.6% 87 Apartments ---2 41 39 5 - 0.0%0.0%0.0%2.3%47.1%44.8% 1 5.7%0.0% 165 Commercial & Industrial 19 -5 104 26 7 2 2 11.5%0.0%3.0%63.0%15.8%4.2% 1 1.2%1.2% 7,802 Total #01 Properties 20 4 68 404 687 2,289 2,320 2,010 % of Total Properties 0.3% 1 0.1%0.9%5.2%8.8%29.3%29.7%25.8% The table above illustrates the changes in property taxes from 2015 to 2016 (in % terms) for the respective property classes. This table intends to give a broad spectrum analysis of how property taxes are changing across the City from year to year. It takes into effect multiple effects such as: trends in market values for each property class, actual changes in market values for individual properties, and change in the City's tax rate. 7 nf 2 House Taxes Committee Considers Sales Tax Clarification Bill Page 1 of 2 I1ise Taxes Committee Considers Sales Tax Clarification Bill The League-initiated bill seeks to simplify the process of securing the sales tax exemption for purchases of construction- related niaterials. (Published Feb 23, 2015) The House Taxes Committee (Link to: http:/Ai'ww, house. leg. state. mn . us/c mte/Horne/?con'nn =89023) on Feb. 17 considered HF 531 (Link to: https.//www.revisor.rnn.gov/bills/bilLphp?b=House&f__HF53]&Ssfloy2o]5) (Rep. Chris Swedzinski (Link to./itfp://www house. leg.state.mn . us/ineinbers/members.asp?leg id=15369) , R-Ghent), a League-supported bill that would simplify the process by which a city, county, school district, or other eligible nonprofit entity can secure the sales tax exemption on construction materials. The bill is estimated to save local units of government more than $16 million per year through a simplified sales tax refund process. Testifying on behalf of the bill were Patrick Hynes, League of Minnesota Cities intergovernmental relations counsel; Glenn Olson, director of public works for the City of Marshall; and Brad Roos, general manager of the Marshall Municipal Utilities. Also testifying in support was the Minnesota Inter-County Association. Letters of support were also submitted by the City Engineers Association of Minnesota and the Municipal Legislative Commission. The bill was laid over for possible inclusion in the forthcoming omnibus tax bill. Under HF 531, contractor purchases on behalf of cities will be subject to the sales tax, but a city would be able to apply to the state for a refund of the sales tax paid after completion of the project. The refund process is not as simple as an up-front sales tax exemption, but because of concerns raised by the Minnesota Department of Revenue, the League agreed to draft the bill as a streamlined refund process. This will allow cities to receive the benefit of the exemption while allowing the Department to ensure that the sales tax savings are realized by the exempt entity and not the contractor. As the bill is currently drafted, the refund process would be effective for sales and purchases made after June 30, 2015. A second bill, HF 874 (Link to: https://www.revisor.mn.gov/bills/bill.php?f=HF874&bhouse&y=2o]555n0) , authored by Rep. Jason Rarick (Link to: http://www.house.leg.state.mn.us/meinbers/membe,.s.asp?leg id=15445) (R-Pine City) that would provide a specific exemption for a wastewater treatment plant upgrade for the City of Mora was also considered and laid over for possible inclusion in the omnibus tax bill. Testifying on behalf of that bill was Mora City Administrator Joel Dhein. The bill is effective for purchases made after Jan. 1, 2015, and before Jan. 1, 2017. Current state law is complicated Under current state law, when a contractor makes a purchase on behalf of a city as part of a lump sum contract, the city must follow a cumbersome process requiring it to solicit separate bids for labor and materials, designate the contractor as a purchasing agent of the city, and assume the liability for damages caused by defective materials or delivery delays. Because the process adds such considerable risk and potential cost to the contracting process, many cities, counties, and school districts—which have been subject to these rules for decades—choose not to pursue the sales tax exemption at all. Although the official estimate of the impact of the bill on the state budget has not been completed, when the League worked with legislators to introduce similar legislation in 2014, the Department of Revenue estimated the bill would cost the state nearly $17 million per year—meaning the complicated rules were costing local taxpayers millions of dollars a year. The Senate version of the bill, SF 532 (Link to: https://www.revisor.inn.gov/bills/bill.php?f=sF532&y2o]5&ss,o&bseflate) (Sen. Ann Rest (Link to: http://www.senate. leg. state. inn. us/,nen'z bers/member bio.php?leg id=1 0558) , DFL-New Hope), is expected to be heard in the Senate Taxes Committee (Link to: http.//www.senate. leg. state. inn. us/coini)7ittees/coininitteebiophp? cinteid=1 019&1s) in the near future. Read the current issue of the Cities Bulletin (Link to: http.//www. line. org/page/l/citiesbulletin_news/etter.jsp * By posting you are agreeing to the LMC Comment Policy (Link to: http://www. lmc. org/page/i /coinment-polic))jsp KSTP .com Page 1 of 1 ! Till ! *.1LI4!A '1 Minnesota Police Form Unified Front on Body Cam Video Release Updated: 08/20/2015 10:13 PM KSTP.com By: Katherine Johnson From surveillance videos to senior pictures, we can capture just about anything on camera. However, now police are asking, 'Just how much of that video does the public want released?" "A police officer responding to a medical call today, in this state, that video would be largely available," Maplewood Police Chief Paul Schnell said.Photo: Photo: KSTP/Flle Schnell gathered representatives from more than 20 departments throughout the state behind closed doors Thursday to brainstorm a uniformed strategy that not only allows them to remain transparent with body camera video requests but that would also protect someone like Emmalyn Blomberg. "I know there are things that have happened in my house that I just don't want everyone to know about," Blomberg said. She says, recently, her family had to call police for help during a disturbance. If the responding officer has been wearing a body camera, her testimony and video inside her home would be available to anyone who requested it. "I wouldn't want the people that I work with to see that or just people I go to school with to see that," she said. "It's kind of a thing that you want to keep private." "The biggest concern would be that at the end of the day, somebody accesses this public video of a person having a mental health crisis, a problem with a child at home that becomes unruly or whatever; and police are called or a medical incident that ultimately someone could come in and say, 'I want a bulk data request and ask for all kinds of video,' and just go through and pick out the video that's most interesting and post that," Schnell said. Schnell ensures in a situation involving an officer discharging a weapon or a complaint of excessive force, body cam video would absolutely become and remain public. Maplewood hopes to have their own regulations in place before rolling out body cameras for the entire department which it plans to do by the end of the year. If regulations aren't set by then, they'll prepare to respond to any and all requests. Minneapolis is one of many cities that participated in Thursday's meeting. It's running its own body camera pilot program with about 50 officers wearing the gear day to day. Just last month, the city auditor said Minneapolis is not prepared for the inevitable spike in video requests that will most likely come once the full program goes live. Right now, the city has two employees slated to handle all requests and they are already juggling about 10,000 data requests every month. So far, there is no mandate on what incidents will be public and what will remain private. htti)://hbis,oace.com/l)rintStory/kst-o/index.cfm?id=3 884967 1/21/2016 September 23, 2015 Minnesota Department of Transportation Attn: Mr. Scott McBride 1500 West CO RD B-2 Roseville, MN 55113 Metropolitan Council Attn: Ms Connie Kozlak 390 Robert Street North St, Paul, MN 55101 RE: 'I'll 252 Freeway Conversion Project To whom this may concern: On behalf of the City of Brooklyn Center, 1 provide the attached Brooklyn Center City Council Resolution requesting and supporting the Minnesota Department of TransPortation (MnDOT) and the Metropolitan Council to update the State's Transportation Plan to include a TH 252 freeway conversion project and to immediately proceed W ith the necessary freeway conversion study, planning and programming of funding for this project. The City of Brooklyn Center is currently completing a "high level" TB 252 Corridor Study that is expected to determine feasible interchange locations within Brooklyn Center and Brooklyn Park. Concurrently, MnDOT has also proceeded with a freeway conversion study, which started back in January 2015. It is imperative that we continue these partnerships to complete M nDOT' s freeway conversion study with the goal of developing a TI-I 252 Staff Approved Layout, ultimately leading to the inclusion of a TI-I 252 freeway conversion project in the State's Transportation Plan. I request your consideration and support as resolved by Brooklyn Center's City Council. Please contact me with any questions at 763.569,3328 or Sincerely, ) Steve Lillehaug, P.EPi',O.E City Engineer/Dit'eCtOi' of Public Works Enclosure cc: John Griffith, MnDOT April Crockett, MnDOT Ramankutty Kannankutty, MnDOT Jonathan Erlich, Metropolitan Council James Grube, Hennepin County Jeffery Holstein, City of' Brooklyn Park City Hall Community Center Police & Fire Departments 6301 Shingle Creek Parkway 6301 Shingle Creek Parkway 6645 Humboldt Avenue North Brooklyn Center, MN 55430-2199 Brooklyn Center, MN 55430-2199 Brooklyn Center, MN 55430-1853 763.5693300' Fax: 763.569.3494 763.569.3400 Fax: 763.569.3434 763.569.3333 - Fax: 763,561 .0717 Member April Graves introduced the following resolution and moved its adoption: RESOLUTION NO.20 15-146 RESOLUTION REQUESTING AND SUPPORTING THE MINNESOTA DEPARTMENT OF TRANSPORTATION AND THE METROPOLITAN COUNCIL TO UPDATE THE STATE'S TRANSPORTATION PLAN TO INCLUDE A TRUNK HIGHWAY (TH) 252 FREEWAY CONVERSION PROJECT AND TO IMMEDIATELY PROCEED WITH THE NECESSARY FREEWAY CONVERSION STUDY, PLANNING, AND FUNDING FOR THIS PROJECT WHEREAS, TH 252 is one of the limited number of Principal Arterial roadways linking communities in the northwest area of the Twin Cities; and WHEREAS, TH 252 is a regional highway that exists from 1-94 to TH 610 through the Cities of Brooklyn Center and Brooklyn Park, and has significant safety, congestion, and neighborhood connectivity issues; and WHEREAS, TH 252 exists as an expressway facility under the jurisdiction of the Minnesota Department of Transportation with traffic that has exceeded the corridor capacity but is currently not included in State's Transportation Plan to address the identified long- standing corridor transportation issues or forecast traffic; and WHEREAS, TH 252 has some of the highest crash rates in the Twin Cities with four fatalities on this 4 mile section of roadway between 2003-2013; and WHEREAS, with the significant increase in the future forecast traffic and future connection of TH 610 to 1-94 in Maple Grove, it is imperative that TH 252 be properly improved to accommodate this expected regional traffic while sustaining and improving local connectivity and safety; and WHEREAS, a technical advisory group consisting of transportation professionals from the Minnesota Department of Transportation, the Metropolitan Council, Metropolitan Transit, the City of Brooklyn Park, and the City of Brooklyn Center have determined that this corridor must be converted from an expressway to freeway to meet the future transportation needs of the corridor and region; and WHEREAS, a TH 252 Freeway Conversion Project would be of mutual benefit to the State, the Cities of Brooklyn Center and Brooklyn Park, Hennepin County, and the approximately 70,000 vehicles traveling daily through this corridor; and WHEREAS, the City of Brooklyn Center is mutually committed to collaboratively developing the TH 252 Project from the southerly termini at 1-94 through Brooklyn Center, into Brooklyn Park to the northerly termini at TH 610. RESOLUTION NO. 2015-146 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the City of Brooklyn Center hereby requests the Minnesota Department of Transportation and the Metropolitan Council to amend the State's Transportation Plan for the immediate inclusion of the TH 252 Freeway Conversion Project and to immediately proceed with the necessary conversion study, planning, and programming of funding for this project. September 14, 2015 Date Mayor ATTEST: Awzm4nz^w City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Dan Ryan and upon vote being taken thereon, the following voted in favor thereof: Tim Wilson, April Graves, Kris Lawrence-Anderson, Lin Nyszkowski, and Dan Ryan; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted. Work Session Agenda Item No. 5 k I MA [I) 1I I1BJ EI1IJ[SJ I !'LS) 1 C41 FI (SII DATE: January 21, 2016 TO: City Council FROM: Curt Boganey, City Mana ' SUBJECT: Transmitting Housing Commission Curbside Cleanup Request Recommendation: Staff is seeking direction from the City Council regarding the recommendation for a curbside cleanup. Background: Enclosed is a letter from Housing Commission Chair David Johnson on behalf of the Commission recommending that the City Council consider implementation of a curbside cleanup program in Brooklyn Center. This issue has been discussed by the Council in the past, typically during budget deliberations. In the year 2002, the City conducted a one year only curbside cleanup. I have enclosed background information related to the project in 2002. I would expect that should we consider participating in the future many of the same parameters and issue would be the same. Currently, Crystal and New Hope conduct curbside pickups every two years. The next pickup is scheduled for 2016. I have attached the bid results for the upcoming year. It is unlikely that Brooklyn Center could be added to the project in 2016. If the Council would like the staff to review the topic in some level of detail we should be able to do that in advance of budget deliberations for next year. Policy Issues: Is the City Council interested in establishing a curbside cleanup program for the City of Brooklyn Center? If interested, what is the critical information you need to make a determination? • Cost • Expected benefits/effectiveness • Community desire/support • Other Strategic Priorities: Enhanced Community Image Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust CITY OFBROOKI A GREAT PLACE TO START, A GREAT PLACE TO STAY December 17, 2015 Curt Boganey City Manager City of Brooklyn Center 6301 Shingle Creek Pkwy N Brooklyn Center MN 55430 www.cityofbrooklyncenter.org JAN 2o 2016 Dear Mr. Boganey: The Brooklyn Center Housing Commission would like to request that the City Council consider implementing a Curbside Clean-up Program for Brooklyn Center Residents. The following is some general information relating to a possible curbside pickup program. The Curbside Clean-up Program that is recommended is similar to programs currently implemented in other cities. Residents would be allowed to place household items at the curb on their designated pickup day. The cost is estimated at $24 per household per pickup, depending on the program details. For example, the number of appliances per household could be limited to control costs. • The cost of the program could be added to residents HRG (Hennepin Recycling Group) fee that is included on the utility bill. • There are several options to consider regarding funding and the associated implementation year. The current HRG fee is $9.21 every 3 months. If the clean-up is conducted every other year, the additional monthly cost would be approximately $1, increasing the HRG fee to $12.21 every three months. • Also, it would take two years to accrue the funds for the program, unless the program costs were funded up front through other means. If the program is authorized by the City Council, the year of implementation would depend on the availability of a qualified waste hauler. A Public Hearing would be required for any fee increases. The following motion was passed by the Brooklyn Center Housing Commission on November 17, 2015: The Brooklyn Center Housing Commission recommends that the City of Brooklyn Center initiates a Curbside Clean-up program and recommends the City Council review a Curbside Clean-up program during a City Council Study Session. The Brooklyn Center Housing Commission supports this program and believes it would be valuable to Brooklyn Center Residents. The program provides disposal opportunities for residents who don't have the means to transport large household items to a disposal facility. This would also encourage some property owners that have outside storage violations to clean up violations at their property. Th for your time and consideration, Sin Da'yy Jollnsc Housing Corr d i/i aa City Hall Community Center Police & Fire Departments 6301 Shingle Creek Parkway 6301 Shingle Creek Parkway 6645 Humboldt Avenue North Brooklyn Center, MN 55430-2199 Brooklyn Center, MN 55430-2199 Brooklyn Center, MN 55430-1853 763.569.3300. Fax: 763.569.3494 763.569.3400. Fax: 763.569.3434 763.569.3333. Fax: 763.561.0717 Curt Boganey 'rom: Tim Pratt <Tim.Pratt@ Brooklyn Park.Org > ent: Friday, December 11, 2015 11:21 AM To: 'McDonald Kirk'; Anne Norris Cc: Curt Boganey; Jim Glasoe Subject: Crystal and New Hope Curbside Cleanup Good morning, We have received two bids for the curbside cleanup: Lightning Disposal and Republic Services. You're probably familiar with the name Republic, but may not be aware of Lightning. They are based in Eagan and provide commercial service in most of the metro counties. They also conduct the Clean Up Days for the City of St. Paul. Lightning is the low bidder (see chart below). They have proposed to conduct the clean up the weeks of April 4-9 and 11- 16. Advertised collection would take place Monday -Saturday. (Republic had proposed the weeks of March 28-April 1 and April 4-8). Lightning would like to divide the cities into six collection areas. I am proposing the following schedule: New Hope Tuesday recycling zone below 42nd April 4-5 Crystal Tuesday recycling zone below 42'April 6-7 Crystal Monday recycling zone below 42 April 8-9 New Hope Wednesday recycling zone above 42nd April 11-12 Crystal Wednesday recycling zone above 42'"April 13-14 Crystal Monday recycling zone above 42 April 15-16 2016 Proposal Comparisons Vendor HH charge* Bulk ltem** Appliance***Disposal/ton#Oversize Disposal/ton## Total Republic $13.00 $32.00 $75.00 $75 $227,477.75 Lightning $11.00 $50.00 $35.00 $55.00 $110 $223,106.55 *12853 in 2015 **713 collected in 2014 **224 collected in 2014 #669.61 tons collected in 2014 ##793 tons collected in 2012 Please let me know if you approve moving forward on a contract with Lightning Disposal. Tim Pratt Support Services/Recycling Manager perations & Maintenance Department 763-493-8120 rcity of Brooklyn Center r7 A Millennium Community To: Mayor Kragness and Council Members Lasman, Nelson, Peppe, and Ricker From: Michael J. McCaule City Manager Date: March 1, 2002 Re: Hennepin Recycling Group Last year Marilyn Corcoran made a presentation at a City Council work session with the Financial Commission regarding the recycling bins on wheels and a possible area wide clean-up. At that time the Council consensus was in favor of the large wheeled recycling bins, but against the area-wide clean-up. It appears that the Hennepin Recycling Group may be going ahead with area- wide clean-ups in the other cities. The item is placed on the agenda as an update and to ascertain the Council's current thinking on this concept 6301 Shingle Creek Parkway ( Brooklyn Center, MN 55430-2199 City Hall & TDD Number (763) 569-3300 FAX (763) 569-3494 Recreation and Community Center Phone & TDD Number (763) 569-3400 FAX (763) 569-3434 xt ) 5-14-O - PROPOSALto Add "HRG" ANNUAL CITY WIDE CLEAN-UP COLLECTION Background: Code enforcement issues and residents general desire to clean- up their lots and households have brought forward many inquiries about how we could make it easier and more convenient for people to get rid of stuff, especially those residents who may not have equipment or vehicles, or be physically able to haul to a special drop-off site. The 'HRG" cities have provided their residents a drop-off for certain materials since the program began in 1989 and have participated for the last six years in a four-city "Special Materials" drop-off day which has been very successful, taking many materials in for recycling and re-processing. In addition to the 'Special Materials" event, New Hope has also had a drop-off at their Public Works facility for certain debris type materials. The cost to "HRG" for the special materials events is $14.000 and the cost to New Hope for their drop-off day is approximately $20,000 annually. This proposed curbside program would collect items that are not now accepted at "Special Materials" and would divert some of the "Special Materials" items to the Hennepin Transfer Station in Brooklyn Park and other sites in NW Hennepin County. Waste Management, the contractor providing the curbside collection for recyclables, has offered to add, for a fee of approximately $13.00 per year (still to be negotiated) a new component to the contract that would expand the current service level to include a once-a-year curbside, by zone, of items such as • General junk • Carpet and pad • Lumber • Mattress/box spring • Scrap metal • Appliances (Limit 2) • Unusable furniture • Construction materials • Brush All acceptable items would have detailed weight limit instructions, size limitations, preparation rules etc. This is not anew idea but modeled after a program that has been ongoing in the • .'.t '' •--, .-• _________________ _______________ - City ofof Bloomington since 1998 (4 years), with great acceptance and success. (see attached Bloomington information.) The dynamics, demographics, housing stock etc. are enough similar to make fair comparisons. Possible Outcomes: The challenge now heard from residents when asked to clean-up would be neutralized because the service would be available every year. o Residents would plan for clean-up collection and city staff could use this opportunity to positively encourage all residents to participate through the use of newsletters, cable TV, special information flyers, local newspapers. o Neighbors would help each other in getting materials to the curb for collection The benefit would for all - a cleaner neighborhood, and the cost would be shared equitably, o All residents of all abilities would be able to access this service. Possible Negatives: o Junk left at the curb for longer than the designated week of collection. (Bloomington has a mechanism for ticketing non-compliance) • Junk from other cities being brought in. (With many cities now providing this service, particularly neighboring cities, this issues should be minimized) Residents angry about having to pay for a service they claim they will not need. (Bloomington has found that, after the first year, those claims disappear because everyone has something to get rid of sometime. This year participation has shown to be 82% of households setting items out for collection). The City of Bloomington went out for bid and awarded the curbside cleanup to their hauler of choice because they do not have a contract with a contract hauler for curbside recycling collection.. Bloomington's 27,418 single-family homes and town homes all receive this service and all homes are charged as a utility a fee of $9.00 per year, with additional subsidy from the City. Funding: (See attached "Cost Analysis") It is suggested that this program be considered to be added to the contract to be negotiated for years 2002-2006, and that it be funded by an increase of approximately $1.12 in the monthly "RS" charge, either for the entire amount of the contract cost, and/or use some of the "RS" reserve funds to pay a portion of the annual cost, reducing the increase added to all residential utility bills. Attachments: Copy of Bloomington Program Brochure Cost Analysis - Recycling/Solid Waste 2002 and Beyond Current RS Charge $2.15 per household/month $2.05 Contract Cost .05 Administration - yard waste, public education, bins .05 Retained by each city for billing administration $2.15/month $25.80/year Proposed Charge with cart Program $2.25 Contract Cost .05 Administration - yard waste, public education, bins .05 Retained for each city for billing administration $2.35/month $28.20/year Proposed Charge with Existing Bin Program and cleanup $2.05 Contract Cost .05 Administration - yard waste, public education, bins .05 Retained for each city for billing administration 1.12 Cleanup cost $3.27/month $39.24/year Proposed Charge with Cart Program and cleanup $2.25 Contract Cost .05 Administration - yard waste, public education, bins .05 Retained for each city for billing administration 1.12 Cleanup cost $3.47/month (recommend rounding to $3.50) = $42.00/year :ADMINWPF1LES\MAPJLThN\COST ANALYSISDOC -ty of Brooklyn Center __________________ A Millennium Community MEMORANDUM TO: Mayor Kragness, Councilmembers Nelson, Peppe, and Ricker FROM: Michael J. McCauley, City Manager DATE: June 26, 2002 SUBJECT: Hennepin Recycling Group The new director of the Hennepin Recycling Group, Dan Ruis, will be making a short update to you on an area wide cleanup that will be held in Robbinsdale, Crystal, and New Hope. Last year the City Council and the Financial Commission had a presentation made to them by Marilyn Corcoran about a potential ongoing pickup of items. The proposal going forward in the three other cities in 2002 has been described as a one-time event. Last year the City Council consensus was against participating in the area wide cleanup. Since the proposal has changed to a one-time event, I have asked Mr. Ruis to make a presentation to you. We had previously discussed this issue briefly in March of this year. 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 City Hall & TDD Number (763) 569-3300 FAX (763) 569-3494 Recreation and Community Center Phone & TDD Number (763) 569-3400 FAX (763) 569-3434 illy "111 E1 1A II) j$Ji:i io arii What isis a curbside clean up? A special collection event where residents can get rid of household junk without having to haul the material to a disposal site. What is accepted? • General household junk • Furniture/mattress and box spring • Carpet • Construction materials .- lumber, doors, windows, etc. • Scrap metal • Appliances • Size, weight and preparation instructions would apply to most items Who is eligible? Single family through eight unit households Logistics o Material at curb no more than two days before pick-up o Saturday collection - late September/early October o Three waste streams Benefits • Easy disposal of bulky household items • Cleaner neighborhoods • Positive publicity through city provided services Drawbacks • Not a fully comprehensive list of materials • Limited cost comprehension. • Illegal dumping Promotion • City newsletter • Local newspaper/television • Utility insert/direct mail Cost o Approximately $15 per household: - Brooklyn Center $123,400 - Crystal $115,700 - New Hope $77,000 - Total $316,100 Who gets the bill? o Reserves from the Hennepin Recycling Group enterprise fund will pay for the program this year. Next Step 0 Survey - Decision Resources, Inc. SpruceUpt,W P [flIJiiI!jIi L! 1LLUL!J Saturday, June 8, 2002 - One Day Only! The.it(fBrooklyn Park has approved a curbside dean up for this year's Spruce Up the Park focus neighborhood Any resident or property owner in this area (Zane to Lakeland/W oadway & 73rd to 1-94) may participate and there will be no direct charge for this curbsideBr service Using revenues collected through the City s recycling fund will pay for the cleanup Senios or residents who are disabled and need assistance to prepare for the cleanup should contact your Block Club Captain, the Community Emergency Assistance Program HandyWorks Program (CEAP) A;-,7.63-566-9600, ext 25 or the Spruce Up the Park Coordinator at 763-315- 8460 no later than Wednesday May 29th A limited number of households will be linked with volunteers to help with your cleanup preparation needs. different types of waste. (See other side) Community Development Department Code Enforcement & Public Health PBrwkk.1Yr1 5200 85 th Ave N, Brooklyn Park, MN 55443-4300ark What will be collected at the curb: Do not place in any garbage/ recycling container! • General junk: No household trash, such as food. Boxed or bundled—under 100 pounds per item. • Carpets/carpet pads:'Rolled and securely tied. No longer than five feet and no wider than one foot in diameter— larger rolls cause handling problems. *— (Carpet) ±- (Lumber) • Lumber: Stack lumber and bend nails. No longer than five feet. No railroad ties. • Mattresses/box springs • Scrap metal, such as chain link fences and bicycles: Preferred option— recycle scrap metal and take it to the Hennepin County Citizen Drop-off Center. • Appliances: Refrigerators, washers, dryers, stoves, microwaves, air conditioners, dehumidifiers. Limited to two appliances per house. (No gas appliances.) Place appliances on opposite side of driveway of other waste. • Unusable Furniture: Tie and secure hide-a-way beds individually so they cannot open during handling. • Construction Materials: Pile is limited to what can fit in a level standard-size pickup truck, No contractor/business related materials.. Remove or bend nails. Truck bed size limits: 8ft long, 41t'c12 ft depth • Brush: Smaller than four inches in diameter; bundled in five-foot lengths. (No leaves or grass.) • All fluids must be drained from items to be collected. IMPORTANT NOTICE Residents who place unacceptable" items at the curb or miss the pickup date are required to schedule their own waste disposal at their own expense! City ordinances prohibit the storage of junk, waste, equipment, appliances, debris, or other items outside. Disposal options for items not accepted during this curbside cleanup - Fees are charged for disposal of certain items. Check with each business. a Hazardous waste: Motor oil, paints, solvents and other household chemicals. a Tires, batteries, and auto parts. a Electronic goods: TVs, computers, and stereos. a Recyclable materials: Bottles, cans, paper. o Gas appliances: Camper and other refrigerators, .air conditioners. Hennepin County Citizens Drop- off Center 8100 Jefferson 1-Iwy, 612-348-6500 Summer hours (Apr 15 - Nov 2, 2002) Tues. Thurs. & Fri. 10:00 a.m.-6:00 p.m. Wed. 10:00a.m. - 8:00 p.m. Sat. 8:00 a.m. - 5:00 p.m. • Asbestos shingles/siding 8F1 Pine Bend Landfill Inver Grove Heights 651-457-2778 • Concrete/bricks • Shingles (no asbestos) Waste Management Recycling and Transfer Site 8550 Zachary Lane N, Maple Grove, 763-425-2239 o Propane tanks (empty or filled) Lakes Gas, 612-529-9276 Stumps, logs, trees NRG Environmental 73Zd and Hansen Blvd, Coon Rapids, 763-767-7964 a Leaves, grass clippings Yard Waste Disposal Site 14796 101 Ave. N., Maple Grove, 763-420-4886 MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPFN AND THE STATE OF MINNESOTA STUDY SESSION JULY 8, 2002 CITY HALL - CONFERENCE ROOM A CALL TO ORDER STUDY SESSION The Brooklyn Center City Council met in Study Session and was called to order by Mayor Myrna Kragness at 6:00 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker. Also present were City Manager Michael McCauley, Assistant City Manager Jane Chambers, and Deputy City Clerk Maria Rosenbaum. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Council discussed agenda item 1 Of, Report on Response to Citizen Complaints Regarding Deer Population Levels. It was the consensus of the Council to have staff directed to prepare a letter to theJ Brooklyn Park City Council requesting input on this issue. DAN RUIS, HENNEPIN RECYCLING GROUP Dan Ruis, Recycling Manager, discussed a City Wide Curbside Clean Up event that the cities of Crystal and New Hope have decided to hold and asked if the City of Brooklyn Center would like to participate. The special one time collection event scheduled for late September, early October, is for single family through eight unit household residents to get rid of household junk without having to haul the materials to a disposal site at no charge. The Heimepin Recycling Group Enterprise Fund reserves will cover this year's event. A survey will be done following the event to inquire input if residents would be willing to pay approximately $15 per household to continue this event in the future. It was the consensus of the Council to participate in this one time event at no charge and have this promoted through the City Newsletter, local newspaper/television, and -possibly a special flyer (like Brooklyn Park's). REQUEST OF WATERSHED MANAGEMENT COMMISSIONS FOR PUBLIC FORUM Mr. McCauley discussed that the Watershed Management Commissions had requested a meeting with the City Council and Advisory Commissions regarding their general solicitation of comments from the general public. Council discussed the request and was in consensus that a public hearing could be held on August 12, 2002, during a regular City Council meeting. 07/08/02 -1-DRAFT ty of Brooklyn Center A Millennium Community MEMORANDUM DATE: September 4, 2002 TO: Michael J. McCauley, City Manager FROM: Jim Glasoe, Director of Conmninity Activities, Recreation and Services SUBJECT: City Wide Clean Up As you know, the HRG "Curbside Clean Up" is scheduled in Brooklyn Center for Saturday, September 14. This citywide event will be a great opportunity for residents to dispose of unwanted items. Residents may participate in this clean up with no direct charge for service. This program is being funded by revenues collected as part of the City's recycling charges. The attached materials from Dan Ruiz of HRG describe the clean up, including what items are allowed and how they need to be placed curbside. In addition, the materials detail a short list of items that will not be accepted.C As you might expect, an undertaking of this magnitude has a number of logistical issues to identify and overcome. The program haulers have extensive experience with clean up efforts in other communities and have worked with us to ensure success of the program. Two potential problem areas that have been identified are, not accepted items being brought into the community and "dropped off', and people driving the community looking for items they can salvage. To help avoid these scenarios, we have enlisted the support of our Police Department during and just prior to the clean up. Increased patrols will look for items being brought into the community and will also watch for people attempting to salvage items during the event. As items are not to be placed curbside earlier than Thursday night September 12, and as the clean up will be completed by the end of the day on the 14, the time frame for which we will need additional police assistance is limited. In addition to an increased police presence, we will work closely with any residents who may have items "dropped off," to see that the items are disposed of properly and without cost to the homeowner. Please let me know if you have any questions or would like additional information. 6801 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430-2199 (768) 569-3400 City Hall & TDD Number (765) 569-3800 FAX (763) 569-3434 FAX (763) 569.3494 I litI—.Citywide CurbsideCleanup. Are you ready to help beautify your community? If so, the Hennepin Recycling Group (HRG) consisting of the cities of Brooklyn Center, Crystal, and New Hope has approved a "once in a lifetime" free curbside cleanup collection of certain household items. Residents who have City provided recycling service may participate in this one time event for no additional fee. Funds collected through the HRG recycling utility will pay for the cleanup. Cleanup Day Brooklyn Center - Saturday, Sept. 14, 2002 Crystal - Saturday, Sept. 21, 2002 New Hope Saturday, Sept. 28, 2002 Waste Management of MN will collect refuse and ARCA will pick up appliances on behalf of HRG. After the project is complete, a survey will be conducted to gauge satisfaction with the cleanup and to determine if residents want the City to continue the cleanup on an annual basis. Who is Eligible:49 Brooklyn Center, Crystal, and New Hope residents of single-family households through eight unit complexes are eligible. How to Participate: • Set materials at the curb before 7 a.m. on your cleanup day. Collection will be from 7a.m. to 7 p.m., but the trucks go through each street only once. • If you miss your curbside pick-up, please call your regular trash hauler who will pick up your waste for a fee at your expense. • Do not put materials out more than two days before the scheduled cleanup .day. • Please separate items into three piles; refuse, scrap metal, and appliances. To schedule appliance pick-up call 952-930-1828 by 4:30 p.m. on the Friday before your cleanup day (limit two appliances per household). Place the appliances and scrap metal on the opposite side of the driveway of other waste. Three separate trucks will go through the neighborhood at different times to pick up the different types of waste. • Please do not attempt to help the hauler load your material. • If you see illegal dumping of material from outside the city please report it to the police. • Contact the HRG program administration at 763-493-8007 with questions. 0 ('See other side for more details) What will be collected at the curb: Do not place in any garbage/recycling container! General junk: Boxed or bundled—under 100 pounds per item. No household trash, such as food.. o Carpets/carpet pads: Rolled and securely tied. No longer than five feet and no wider than one foot in diameter—larger rolls cause handling problems. ' (Carpet) -t (Lumber) • Lumber: Stack lumber and remove or bend nails. No longer than five feet. No railroad ties. • Mattresses/box springs • Scrap metal: Metal desks and file cabinets, metal fencing, swing sets, bicycles and lawn mowers (drain fluids and remove gas cap). Must remove all non-metal parts. No item more than 100 pounds or longer than 5 feet will be accepted. Place scrap metal in separate pile from other waste. Appliances: To schedule appliance pick-up call 952- 930-1828 by 4:30 p.m. on the Friday before your cleanup day. Stoves, refrigerators, washers, dryers, microwaves, air conditioners, dehumidifiers, Limit of two appliances per house. (No ammonia-gas camper appliances) Empty appliances and tie/tape doors shut and place on opposite side of driveway of other waste. • Unusable Furniture: Tie and secure hide-a-way beds individually so they cannot open during handling. • Construction Materials: Pile is limited to what can fit in a level standard-size pickup truck. No contractor or business related materials. Remove or bend nails flat. Truck e sitelimits: 8ft long, 4ft wide, 2ft depth o All fluids must.be drained from items to be collected. IMPORTANT NOTICE lesidents who place "unacceptable" items at the curb or miss the cleanup date must schedule waste disposal at their own expense! City ordinances prohibit the storage of junk, waste, appliances, debris, or other items outside. Disposal options for items not accepted in curbside cleanup: Fees are charged for disposal of certain items, check with each business for details. • Household hazardous problem wastes: Motor oil, tires, batteries, paint, antifreeze, solvents, and household chemicals. • Electronics: TVs, computers, stereos. • Recyclables: Separated glass bottles, plastic bottles, cans, paper, cardboard. • Ammonia-gas refrigeration units: Camper and other refrigerators, air conditioners. Must call, ahead for an appointment. Hennepin County Recycling Center 8100 Jefferson Hwy, Brooklyn Park 612-348-3777 Summer hours (Apr 15 - Nov 2, 2002) Tues. Thurs. & Fri. 10:00am-6:00pm Wed. 10:00 am - 8:00 pm Sat. 8:00 am-5:OOpm o Asbestos shingles/siding Elk River Landfill, 763-441-2464 (7 22460 Hwy 169, Elk River o Concrete/bricks o Shingles (no asbestos) Waste Management Recycling and Transfer Station, 763-425-2239 8550 Zachary Lane N, Maple Grove, Propane tanks (empty or filled) Lakes Gas, 612-529-9276, 3930 Washington Ave, Minneapolis Amnerigas, 763-427-6664, 7411 WHwy 10, Anoka • Stumps, logs,'trees/large brush NRG Environmental, 763-767-7964 132' and Hansen Blvd, Coon Rapids, o Leaves, g rass, and brush less than two inches in diameter. Maple Grove Yard Waste Site 14796 lOF t Ave. N., Maple Grove, 763-420-4886 titly w i d e ICl ean up Saturda^g, September 14,200:2 Are you ready to help beautify your community? if so, the City of Brooklyn Center has approved a one-time FREE curbside cleanup collection of certain household items. Residents who have City-provided recycling service may participate in this one-time event for no additiopal fee. Funds collected through the Hennepin Recycling Group (HIRG) recycling utility will pay for the cleanup. Waste Management of MN will collect refuse and ARCA will pick up appliances on behalf of the City. After the project is complete, a survey will be conducted to gauge satisfaction with the cleanup and to determine if residents want the City to continue the cleanup on an annual basis. How to Participate • Set materials at the curb before 7a.m. on Saturday, September 14, 2002. Collection will be done from 7 a.m. to 7 p.m. • Do not put materials out more that two days before the scheduled cleanup day. • Trucks will go through only once. If you miss your curbside pick-up, please call your regular trash hauler who will pick up your waste for a fee at your expense. • Please separate items into three piles: 1) refuse; 2) scrap metal; and 3) appliances. To schedule appliance pick-up, call (952) 930-1828 by 4:30 p.m. on Friday, September 13 (limit two appliances per household). Place the appliances and scrap metal on the opposite side of the driveway of other waste.• Note: Three separate trucks will go through the neighborhood at different times to pick up the different types of waste.• Contact the HRG program administration at (763) 493-8006 with questions. Important Notice Residents who place "unacceptable" items at the curb or miss the cleanup date must schedule waste disposal at their own expense! City Ordinances prohibit the storage of junk, waste, appliances, debris, or other items outside. What will be collected at the curb? O General junk: Boxed or bundled - under 100 pounds per item. No household trash, such as food, yard waste, or hazardous waste. ' Carpets/carpet pads: Rolled and securely tied. No longer than five feet and no wider than one foot in diameter - larger rolls cause handling problems. Lurnber: Stack lumber and remove or bend nails. No longer than five feet. No railroad ties. Mattresses/box springs Scrap metal: Metal desks and file cabinets, metal fencing, swing sets, bicycles, and lawn mowers (drain fluids and remove gas cap). Must remove all non-metal parts. No item more than 100 pounds or longer than 5 feet will be accepted. Place scrap metal in separate pile from other waste. Appliances: To schedule appliance pick-up, call (952) 930-1828 by 4:30 p.m. on Friday, September 13. Stoves, refrigerators, washers, dryers, microwaves, air conditioners, dehumidifiers. Limit of two appliances per house (no ammonia-gas appliances). Tie or tape appliance doors shut and place on opposite side of driveway of other waste. O Unusable furniture: Tie and secure hide-a-way beds individually so they cannot open during handling. Construction Materials: Pile is limited to what can fit in a level standard-size pickup truck. No contractor or business-related materials. Remove or bend nails flat. I All fluids must be drained from items to be collected. Po not place iten-Lg in any garbage or recycling container! City Watch 7 Ii'wu'. cityojbrooklyncenter. org