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HomeMy WebLinkAbout2016 10-24 CCP Regular SessionAGENDA CITY COUNCIL STUDY SESSION October 24, 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. 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 October 24, 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. October 3, 2016 — Joint Work Session with Financial Commission 2. October 10, 2016 — Study/Work Session 3. October 10, 2016 — Regular Session 4. October 10, 2016 — Work Session b. Licenses C. Resolution Declaring a Public Nuisance and Ordering the Removal of Dead Trees at Certain Properties in Brooklyn Center, Minnesota d. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees at Certain Properties in Brooklyn Center, Minnesota e. Resolution Authorizing Trailhead Parking & Signage and Play Node Installation Easement Agreements for Centennial Park f. Resolution Establishing the Interest Rate for 2017 Special Assessments g. Resolution Establishing 2017 Street and Storm Drainage Special Assessment Rates CITY COUNCIL AGENDA -2- October 24, 2016 h. Resolution Accepting a Feasibility Report and Calling for a Public Hearing, Improvement Project Nos. 2017-01, 02, 03, 04 and 05, Evergreen Park Area Street, Utility and Trail Improvements Resolution Declaring Costs to be Assessed and Calling for a Public Hearing on Proposed Special Assessments for Improvement Project Nos. 2017-01 and 02, Evergreen Park Area Street and Storm Drainage Improvements Resolution Vacating Drainage and Utility Easements within Lot 2, Block 1, BROOKLYN FARM 2ND ADDITION k. Resolution Setting 2017 Employer Benefits Contribution For Full -Time Non - Union Employees 1. Resolution Committing the City of Brooklyn Center to Work Collaboratively to Promote Greater Economic Stability, the Elimination of Economic Racial Disparities, and a Mutually Prosperous Community for All Brooklyn Center Residents, Businesses, and Entrepreneurs in. An Ordinance Amending Chapter 23 of the City Code of Ordinances Adding Sections 23-2400 through 23-2414 Requiring Licenses for Transient Accommodations —Motion to approve first reading and set second reading and Public Hearing for November 28, 2016. 7. Presentations/Proclamations/Recognitions/Donations a. Proclamation Declaring October 24, 2016, to be Designated as Random Acts of Kindness Day Requested Council Action: —Motion to adopt proclamation. b. Random Acts of Kindness Presentation of Recognition and Certificate Ceremony Requested Council Action: —City Council Members read nominations received. —Mayor presents certificates to those nominees present. C. Northwest Hennepin Human Services Council Annual Report Requested Council Action: —Motion to receive report. 8. Public Hearings None CITY COUNCIL AGENDA -3- October 24, 2016 9. Planning Commission Items a. Planning Commission Application No. 2016-009, Submitted by Gatlin Development Company, Requesting Approval of a Planned Unit Development Amendment No. 8 to the 2011 Shingle Creek Crossing Planned Unit Development, Located at 1150, 1050, 1020, 1000, 1100 Shingle Creek Crossing and 2501 County Road 10 —The Planning Commission recommended approval (by 4-2 vote) of this Application at its October 13, 2016, meeting. 1. Resolution Regarding the Disposition of Planning Commission Application No. 2016-009, Submitted by Gatlin Development Company, Requesting Approval of a Planned Unit Development Amendment No. 8 to the 2011 Shingle Creek Crossing Planned Unit Development (Located at 1150, 1050, 1020, 1000, 1100 Shingle Creek Crossing and 2501 County Road 10) Requested Council Action: —Motion to adopt resolution b. A Request Submitted by the City of Brooklyn Center, Minnesota, Acting on Behalf of the City's Economic Development Authority (EDA) Authorizing Approval of a Simple Land Division of EDA Owned Land, for the Benefit of the New Fairfield Inn and Suites Hotel, Located at 6250 Earle Brown Drive —The Planning Commission recommended unanimous approval (by 4-0 vote) of this request at its September 15, 2016, meeting. 1. Resolution Regarding a Request Submitted by the City of Brooklyn Center, Minnesota Acting on Behalf of the City's Economic Development Authority (EDA) Authorizing Approval of a Simple Land Division of EDA Owned Land, for the Benefit of the New Fairfield Inn and Suites Hotel (Located at 6250 Earle Brown Drive) Requested Council Action: —Motion to adopt resolution. 10. Council Consideration Items a. Consideration of Type IV 6 -Month Provisional Rental Licenses 1. 5240 Drew Ave N 2. 3307 63rd Ave N 3. 6225 June Ave N 4. 6900 Newton Ave N 5. Resolution Approving a Type IV 6 -Month Provisional Rental License for 5101-03 Xerxes Ave N 6. Resolution Approving a Type IV 6 -Month Provisional Rental License for 5556 Emerson Ave N 7. Resolution Approving a Type IV 6 -Month Provisional Rental License for 4201 Winchester La 8. Resolution Approving a Type IV 6 -Month Provisional Rental License for 6013 Zenith Ave N Requested Council Action: —Mayor poll audience for applicants to address Council. CITY COUNCIL AGENDA 4- October 24, 2016 Receive staff report. —Motion to open hearing. —Receive testimony from applicants. —Motion to close hearing. —Take action on rental license applications and mitigation plans. b. Resolution Addressing Appeal of Certain Rental Inspection Compliance Orders for 4819 Azelia Avenue North in Brooklyn Center, Minnesota Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Motion to adopt resolution. 11. Council Report 12. Adjournment AGENDA CITY OF BROOKLYN CENTER CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION October 24, 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 None. PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1. CDBG Public Service Process — November 2016 2. Centennial Park Improvements 3. Solar Energy Options 4. Paperless Packets Report 5. Body Camera Implementation and Policy 6. City Policy on First Amendment Assemblies City Council Agenda Item No. 6a MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA JOINT WORK SESSION WITH FINANCIAL COMMISSION OCTOBER 3, 2016 CITY HALL - COUNCIL CHAMBERS I. CALL, TO ORDER The Brooklyn Center City Council met in Joint Work Session with the Financial Commission and the session was called to order by Mayor Tim Willson at 6:31 p.m. Mayor Tim Willson and Councilmembers April Graves, Kris Lawrence -Anderson, Lin Myszkowski, and Dan Ryan. Also present: City Manager Curt Boganey, Finance Director Nate Reinhardt, Business & Development Director Gary Eitel, and Deputy City Clerk Rozlyn Tousignant. Others present were Financial Commissioners Jeffrey Dobbs, Teneshia Kragness, Rex Newman, and Dean Van Der Werf. II. APPROVAL OF AGENDA Councilmember Ryan moved and Councilmember Lawrence -Anderson seconded to approve the agenda. Motion passed unanimously. III. SPECIAL REVENUE FUNDS Mr. Boganey introduced the subject; Mr. Reinhardt reviewed the Special Revenue Funds. Councilmember Ryan asked a question regarding the number and type of jobs created Mr. Eitel clarified the estimates. Mr. Boganey addressed the Council on the City's progress in this area. Commissioner Newman queried about using the term `blight/blighted' in regards to areas within the City of Brooklyn Center. Mr. Boganey replied that the language comes from federal statutory language. Councilmember Lawrence -Anderson asked regarding Police Forfeitures, Mr. Reinhardt explained the process. A discussion was held regarding squad car and body camera funding and utilization. Councilmember Graves asked about the Juvenile Diversion program. Mr. Boganey explained the City Staff's grant writing process. 10/03/16 -1- DRAFT IV. INTERNAL SERVICE FUNDS V. DEBT SERVICE FUNDS A discussion was held about Special Assessments. VI. FUTURE BUDGET DISCUSSIONS/CITY COUNCIL MEETINGS Work Sessions 1) Enterprise/Utilities Funds October 17, 2016 2) Enterprise/Utilities Funds November 7, 2016 City Council Meetings 1) Utility Rates Adopted November 28, 2016 2) Public Hearing & Budget Adoption December 5, 2016 VII. ADJOURNMENT Councilmember Ryan moved and Councilmember Graves seconded to adjourn the Work Session at 7:47 p.m. Motion passed unanimously. 10/03/16 -2- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION OCTOBER 10, 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, Dan Ryan, and Lin Myszkowski. Councilmember Kris Lawrence -Anderson was absent and excused. Also present were City Manager Curt Boganey, Finance Director Nate Reinhardt, Public Works Director/City Engineer Steve Lillehaug, Director of Community Activities, Recreation and Services Jim Glasoe, Police Chief Tim Gannon, Police Sergeant Patrick Toohey, Deputy Director of Building and Community Standards Jesse Anderson, City Attorney Troy Gilchrist, and Michaela Kujawa- Daniels, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Ryan requested discussion on Item 6c, Resolution Ordering the Abatement of Conditions Creating a Nuisance and a Hazardous Property Existing at 7000 Oliver Avenue North in the City of Brooklyn Center. In particular he noted the property owners stated they don't plan to pay the mortgage anymore and asked if that was still the case and if the City was taking that into account during this process. City Manager Curt Boganey stated that is correct and they are taking that into account. MISCELLANEOUS Councilmember Myszkowski stated she will be out of town October 18 — 23. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS LODGING ESTABLISHMENT LICENSING — CITY MANAGER Chief Gannon introduced Sergeant Patrick Toohey. Sergeant Toohey provided a presentation and background on this item. Mayor Willson stated in the Ordinance there is a Transient Clause, he asked what happens when the ownership changes. 10/10/16 -1- DRAFT City Attorney Troy Gilchrist stated the "Transient Accommodations" language is a way to include all hotels and motels; he noted he isn't aware of any legal conflicting issues with conducting background checks on potential employees of hotels and motels. Mayor Willson stated he is concerned about conflict with Constitutional Rights that could bring an action forward from the owner and/or employees. City Attorney Gilchrist stated he will look at this further and see if there is a way to achieve the safety precaution level they desire, without creating any legal issues. Discussion of this item continued and reached conclusion at the October 10, 2016, Work Session. ADJOURNMENT Councilmember Ryan moved and Councilmember Myszkowski seconded to close the Study Session at 6:45 p.m. Motion passed unanimously. 10/10/16 -2- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION OCTOBER 10, 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, Lin Myszkowski, and Dan Ryan. Councilmember Kris Lawrence -Anderson was absent and excused. Also present were City Manager Curt Boganey, Interim Assistant to City Manager Reggie Edwards, Planning and Zoning Specialist Tim Benetti, Director of Community Activities, Recreation and Services Jim Glasoe, Police Chief Tim Gannon, Deputy Director of Building and Community Standards Jesse Anderson, Fire Chief Lee Gatlin, City Attorney Troy Gilchrist, and Michaela Kujawa-Daniels, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Tim Moriarty, 800 58th Avenue North, addressed the Council regarding the proposed development on the southern Opportunity Site. Mayor Willson stated he is open to sitting down with Mr. Moriarty at some point and talk about this more. Councilmember Ryan asked Mr. Moriarty if he received his email, Mr. Moriarty replied yes he did. Tammy Sathme, 6038 Lilac Drive, addressed the Council about her water still smelling like bleach. She stated her daughter was convinced she put some chemicals in the toilet the other day because of the smell and she hadn't put anything in there. She stated people have given up on the City Council because they feel they aren't listening to concerns and that they are telling people just to deal with the chlorine and bleach smell and taste. Additionally, Ms. Sathme addressed the Council about the 750 -unit apartments being built. She stated she is concerned about this project, noting she has experience with apartment management and if the idea for the City building those apartments is to attract Millennials to rent them, she doesn't believe they will. She opined no one will pay top dollar for that location because there aren't easily accessible amenities nearby and they don't have the ability to walk and bike where they want to go because it isn't safe. 10/10/16 -1- DRAFT Teresa Lunt, Partnership for Change, 3300 Oakdale Avenue North, addressed the Council. She stated Partnership for Change is a local collation working to prevent and reduce alcohol and drug use among the youth and substance abuse among the community. She provided booklets on the organization to the Councilmembers. She stated Sergeant Toohey sits on the Task Force, Places of Last Drink (POLD) which seeks and collects data of where someone last consumed alcohol when they are involved in an alcohol related incident to track patterns and seek out reoccurring problematic locations and their serving practices. Councilmember Graves moved and Councilmember Myszkowski seconded to close the Informal Open Forum at 6:59 p.m. Motion passed unanimously. 2. INVOCATION Mayor Willson requested a moment of silence and personal reflection as the Invocation for the indigenous. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:00 p.m. 4. ROLL CALL Mayor Tim Willson and Councilmembers April Graves, Lin Myszkowski, and Dan Ryan. Councilmember Kris Lawrence -Anderson was absent and excused. Also present were City Manager Curt Boganey, Interim Assistant to City Manager Reggie Edwards, Planning and Zoning Specialist Tim Benetti, Director of Community Activities, Recreation and Services Jim Glasoe, Police Chief Tim Gannon, Deputy Director of Building and Community Standards Jesse Anderson, Fire Chief Lee Gatlin, City Attorney Troy Gilchrist, and Michaela Kujawa-Daniels, TimeSaver Off Site Secretarial, Inc. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Ryan moved and Councilmember Myszkowski seconded to approve the Agenda and Consent Agenda at submitted, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. September 26, 2016 — Study Session 2. September 26, 2016 — Regular Session 3. September 26, 2016 — Work Session 10/10/16 -2- DRAFT 6b. LICENSES MECHANICAL Bonfe's Plumbing Heating & Air Service Schwantes Hearing Sedgwick Heating & Air Conditioning Swift Mechanical RENTAL INITIAL (TYPE II — two-year license) 5356 71st Circle 6736 Perry Avenue North RENEWAL (TYPE III — one-year license) 5337 70th Circle 6115 Aldrich Avenue North RENEWAL (TYPE II — two-year license) 5338-40 Queen Avenue North 4307 66th Avenue North 6907 Palmer Lake Drive West 819 Woodbine Lane RENEWAL (TYPE I— three-year license) 1312 68th Lane North 5325 Camden Avenue North 5319 Knox Avenue North 7224 Newton Avenue North 6601 Unity Avenue North SIGNHANGER Signarama 505 Randolph Avenue, St. Paul 6080 Oren Avenue North, Stillwater 1408 Northland Dr #310, Mendota Heights 3403 Victoria Street N, Shoreview Xiaoyan Hu Trilogy Properties of MN, LLC Gary Bistodeau (Missing cpted follow-up) Kin Chew (Missing cpted and 2 ARM meetings) Thanh Kim Oan RHA 3, LLC RHA 3, LLC RHA 3, LLC Konrad Wagner Arshad Moghul Daniel Allen Yesnes Rhonda Braziel Douglas Allen Wahl 5451 Nicollet Avenue, Minneapolis 6c. RESOLUTION NO. 2016-163 ORDERING THE ABATEMENT OF CONDITIONS CREATING A NUISANCE AND A HAZARDOUS PROPERTY EXISTING AT 7000 OLIVER AVENUE NORTH IN THE CITY OF BROOKLYN CENTER 6d. RESOLUTION NO. 2016-164 APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, CITY COUNCIL CHAMBERS REMODELING PROJECT 10/10/16 -3- DRAFT 6e. RESOLUTION NO. 2016-165 PROVIDING FOR THE COMPETITIVE NEOGIATED SALE OF GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 2016B AND TAXABLE GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 2016C Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. RESOLUTION NO. 2016-166 RECOGNIZING VOLUNTEERS WHO PARTICPATED IN THE CITY OF BROOKLYN CENTER'S 2016 LANDSCAPE AND GARDEN SPOTLIGHT Mayor Willson read in full a Resolution recognizing volunteers who participated in the City of Brooklyn Center's 2016 Landscape and Garden Spotlight. Councilmember Graves moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2016-166 Recognizing Volunteers Who Participated in the City of Brooklyn Center's 2016 Landscape and Garden Spotlight. Motion passed unanimously. 7b. RESOLUTION NO. 2016-167 EXPRESSING RECOGNITION AND APPRECIATION OF SUE LACROSSE FOR OVER 39 YEARS OF DEDICATED SERVICE TO THE CITY OF BROOKLYN CENTER Mayor Willson read in full a Resolution expressing recognition and appreciation of Sue LaCrosse for over 39 years of dedicated service to the City of Brooklyn Center. Mr. Boganey stated she has served the City in many capacities and her presence will be missed but stated they are thankful for her contributions throughout the years. Councilmember Myszkowski moved and Councilmember Graves seconded to adopt RESOLUTION NO. 2016-167 Expressing Recognition and Appreciation of Sue LaCrosse for Over 39 Years of Dedicated Service -to the City of Brooklyn Center. Motion passed unanimously. 8. PUBLIC HEARINGS 8a. ORDINANCE NO. 2016-11 AMENDING CHAPTER 35 — ZONING OF THE CITY CODE OF ORDINANCES REGARDING THE REGULATION OF FLOODPLAIN MANAGEMENT WITHIN THE CITY OF BROOKLYN CENTER, MINNESOTA. Planning and Zoning Specialist Tim Benetti introduced the item, discussed the history, and stated the purpose of the proposed ordinance. 10/10/16 -4- DRAFT Councilmember Ryan asked how often FEMA may be revising their maps due to climate changes. Mr. Benetti stated as the City encounters changes in the climate and sees a need to revise the floodplain mapping they will put together a letter of map changes and request that change through FEMA, the representative from FEMA stated it will be easier and quicker for the City to get the changes done taking that route. Councilmember Graves asked what types of information is available for residents to give them the extra protection they may need for their own homes if things like sewage drain back-ups occur. City Manager Boganey explained how the drainage systems work. He stated when FEMA refers to flooding and floodplains they are talking about the process in which downstream outlets, which he stated most outlets in Minnesota drain into the Mississippi River, drain such a large amount of water into the Mississippi River -that it would rise to an overflowing level which would then cause a back-up and start to flood the streets and homes potentially. He stated when we talk about flooding on the FEMA level that is what they mean. He stated then there are sanitary sewers and storm sewers in the City. He stated when water gets into either of those sewer drains, when they should be closed, that is when water back-ups into basements can occur. He noted in those cases there is extra insurance you can purchase from your homeowner's insurance company which can cover those types of water damage. He noted that type of water damage isn't covered under typical floodplain insurance. Councilmember Ryan moved and Councilmember Graves seconded to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. Councilmember Myszkowski moved and Councilmember Graves seconded to close the Public Hearing. Motion passed unanimously. Councilmember Myszkowski moved and Councilmember Ryan seconded to adopt ORDINANCE NO. 2016-11 Amending Chapter 35 — Zoning of the City Code of Ordinances Regarding the Regulation of Floodplain Management within the City of Brooklyn Center, Minnesota. Motion passed unanimously. . 9. PLANNING COMMISSION ITEMS None at this time. 10/10/16 -5- DRAFT 10. COUNCIL CONSIDERATION ITEMS 10a. CONSIDERATION OF TYPE IV 6 -MONTH PROVISIONAL RENTAL LICENSES Mayor Willson explained the streamlined process used to consider Type IV 6 -Month Provisional Rental Licenses. Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on any of the rental licenses as listed on tonight's meeting agenda. Seeing no one coming forward, Mayor Willson called for a motion on Agenda Items 10al through 10a4. 10a1. 3300 65" AVENUE NORTH 10a2. 2833 67th AVENUE NORTH 100. 6737 CAMDEN AVENUE NORTH 10a4. RESOLUTION NO. 2016-168 APPROVING A TYPE IV RENTAL LICENSE FOR 5444 DUPONT AVENUE NORTH Councilmember Myszkowski moved and Councilmember Ryan seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for the following: 3300 65th Avenue North; 2833 67th Avenue North; 6737 Camden Avenue North; and, adopt RESOLUTION NO. 2016-168 Approving a Type IV Rental License for 5444 Dupont Avenue North, with the requirement that the mitigation plans and all applicable ordinances must be strictly adhered to before renewal licenses would be considered. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: • October 3, 2016: Attended Joint Work Session with Financial Commission Meeting • October 6, 2016: Attended Brooklyn Center Lions Meeting e October 12, 2016: Informational Meeting for Evergreen Park Area Reconstruction Project Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: • October 3, 2016: Attended Joint Work Session with Financial Commission Meeting • October 5, 2016: Attended Aubrey Della Headstart new location Dedication and Open House Councilmember Graves reported on her attendance at the following and provided information on the following upcoming events: • October 3, 2016: Attended Joint Work Session with Financial Commission Meeting • October 5, 2016: Attended Aubrey Della Headstart new location Dedication and Open House • October 8, 2016: Attended Board of Directors Meeting on Policing Services Inc. • October 12, 2016: Attending Brooklyn Center's Youth Council Leadership Meeting 10/10/16 -6- DRAFT Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: ® September 27, 2016: Attended the League of MN Women Voters Forum in Brooklyn Center ® September 28, 2016: Attended the Fair Housing Committee Meeting ® September 28, 2016: Attended the League of MN Women Voters Forum in Brooklyn Park ® October 3, 2016: Attended the Special Revenue and Internal Service Funds Meeting with the Financial Commission ® October 5, 2016: AM Attended the Brooklyn Center Middle School National Bike or Walk to School Day ® October 5, 2016: Attended Aubrey Della Headstart new location Dedication and Open House ® October 10, 2016: AM Conference Call on HUD complaint that surrounding cities have with HUD on Fair Housing ® October 11, 2016: Cable 12 Minutes Taping ® October 13, 2016: AM Attending Northwest Cable Communication Commission Meeting ® October 13, 2016: PM Attending Blueline CMC Meeting ® October 13, 2016: PM Attending Dangerous Dog Hearing (tentative date) ® October 17, 2016: Attending Utility Enterprise Funds and Rates Meeting with the Financial Commission 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Graves seconded adjournment of the City Council meeting at 7:52 p.m. Motion passed unanimously. 10/10/16 -7- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION OCTOBER 10, 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 8:00 p.m. ROLL CALL Mayor/President Tim Willson and Councilmembers/Commissioners April Graves, Lin Myszkowski, and Dan Ryan. Councilmember/Commissioner' Kris Lawrence -Anderson was absent and excused. Also present were City Manager Curt Boganey, Interim Assistant to City Manager Reggie Edwards, Director of Community Activities, Recreation and Services Jim Glasoe, Police Chief Tim Gannon, Sergeant Patrick Toohey, City Attorney Troy Gilchrist, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. LODGING ESTABLISHMENT LICENSING — CITY MANAGER (continued) Councilmember/Commissioner Myszkowski asked statistically how often a security guard at a hotel has to use their weapon. Sergeant Toohey stated he isn't aware of those statistics however he believes it is very rare. Mayor/President Willson asked if the security guard would be in uniform, as he feels that offers more of a deterrent for people thinking about committing a crime. Sergeant Toohey stated yes they will be in uniform. Councilmember/Commissioner Graves stated she has concerns about the background checks as well and feels it may be too invasive. She wanted to know where the "best practices policy" comes from because she feels it can be viewed as discriminatory. Mayor/President Willson stated a national company came up with the "best practices policy" and Sergeant Toohey added he believes it was created with hotel managers input considered as well. City Attorney Troy Gilchrist stated he believes if the background checks were not being turned into the police department for their record that may be the solution to anyone submitting to the background check feeling it is too invasive. He stated only the hiring parties at the hotels would have the information but the police department would be notified that the employees have been subject to the background check, thus satisfying all parties. 10/10/16 4- DRAFT Sergeant Toohey stated that would most likely be acceptable to the Police Department; however, they would need to have the right to the information as subject to random audits. He stated that is an essential component to the process and enforcing it. He noted that is how it works for landlords as well. The majority consensus of the City Council/EDA was to move forward with the recommendations from the Police Department and City staff. TRAILHEAD PARKING AND PLAY NODES — DIRECTOR OF COMMUNITY ACTIVITIES, RECREATION AND SERVICES JIM GLASOE Director of Community Activities, Recreation and Services Jim Glasoe provided a presentation and background on this item. Councilmember/Commissioner Ryan asked if this proposal requires any additional cost from the City. Mr. Glasoe stated he doesn't believe so, he understands that no contributions from the City are needed and that this is funded by the Three Rivers Parks District. Mayor/President Willson asked if this plan still leaves room for the woodchips program. Mr. Glasoe stated the City can decided which six (6) places they would like to install the play nodes so they can certainly do this away from the woodchip pile area to leave room for that. Councilmember/Commissioner Myszkowski stated she is very excited for this project and looks forward to seeing it completed. The majority consensus of the City Council/EDA was to move forward with the recommendations from the Parks and Recreation Commission. CITY OF BROOKLYN CENTER SOCIOECONOMIC OPPORTUNITY — RESOLUTION COMMITMENT AND REGIONAL LEADERSHIP — COUNCILMEMBER/COMMISSIONER RYAN Councilmember/Commissioner Ryan stated in principle he is pleased with the newest draft, Attachment 1. He stated however there are a few changes to the language that he feels could make this a more effective Resolution. He provided a draft showing the few changes he recommends. Councilmember/Commissioner Graves stated she isn't opposed to the newest draft or Councilmember/Commissioner Ryan's changes to it. Councilmember/Commissioner Myszkowski stated she likes the newest draft and particularly likes his decision to substitute the wording "promote the potential of for the word "enable". The majority consensus of the City Council/EDA was to move forward with Attachment 1 draft, incorporating Councilmember/Commissioner Ryan's changes to that draft. 10/10/16 -2- DRAFT CITY OF BROOKLYN CENTER PREVENTION AND RESPONSE TO CIVIL AND SOCIAL UNREST — CHIEF GANNON Chief Gannon came forward and presented information on this item to the Council/Commission. Mayor/President Willson asked if we have space to hold the trainings for the officers with their equipment needed. Chief Gannon stated yes they do and they have the equipment they need. Chief Gannon stated he doesn't want to send his officers into a peaceful protest with a ton of unnecessary gear, it could cause some escalation. He stated he does want his officers to be trained and prepared for anything, however, and if he feels the situation is moving in that direction then he will send his officers in with all the gear needed to keep them safe and protect the people. Councilmember/Commissioner Graves stated she would like to know what they consider the definition of civil disobedience. Chief Gannon stated they look at intent to try to narrow down these things and he stated these are decisions made by the high level Officers. He stated they wouldn't ever want a street level Officer to be asked to make that decision on their own; they want them to have the support of the higher level Officers. He stated whatever serves the greater good is usually what they look at as well. Councilmember/Commissioner Ryan asked if property rights/trespass take precedence over freedom of assembly. City Attorney Gilchrist stated he isn't aware of any laws that allow freedom of assembly to trump private property rights. He stated as Chief Gannon stated it is usually down to logic and the stepping stones of the decision making ladder, which action and regulation takes precedence. Councilmember/Commissioner Ryan asked how the Police Department is utilizing social media to get discussions and information to the community. Chief Gannon stated they are using social media in baby steps. He stated they are seeing they get a different group of people interested when they use different social media outlets which is great to engage the community as a whole. Mayor/President Willson stated there are some Facebook groups and the City Facebook page that they can utilize for that information as well. Chief Gannon stated the purpose is to engage the community and get everyone on the same page, helping people understand that everyone wants to create a safe environment and get discussions going on how to create that together as a whole. He noted he doesn't want to be naive; however, he is hopeful that moving forward with these discussions will create good changes. Councilmember/Commissioner Myszkowski stated she looks forward to seeing where this goes and appreciates his thoughts and work on this topic. The Council/Commission echoed her sentiments and thoughts. The majority consensus of the City Council/EDA was to move forward with the recommendations and put "Use of Force" discussions on a future work session to start the process with the ultimate goal being to engage the community while building trust and a strong relationship amongst everyone in the community. 10/10/16 -3- DRAFT ADJOURNMENT Councilmember/Commissioner Graves moved and Councilmember/Commissioner Ryan seconded adjournment of the City Council/Economic Development Authority Work Session at 9:17 p.m. Motion passed unanimously. 10/10/16 -4- DRAFT City Council Agenda Item No_ 6b DATE: October 18, 2016 TO: Curt Boganey, City Manae FROM: Rozlyn Tousignant, Deputy City Clerk' ;C SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses on October 24, 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. GASOLINE SERVICE STATION Brookdale Holiday Northern Tier Energy SuperAmerica SuperAmerica SuperAmerica MECHANICAL Mespo Heating and Cooling Inc. RENTAL See attached report. TOBACCO RELATED PRODUCT Brookdale Holiday Brooklyn Center Municipal #1 Brooklyn Center Municipal #2 Family Dollar Inc. Northern Tier Energy SuperAmerica SuperAmerica SuperAmerica 5710 Xerxes Ave N 1901 57' Ave N 6950 Brooklyn Boulevard 6545 West River Road 8448 Logan Ave N Brooklyn Park MN, 55443 5710 Xerxes Ave N 5625 Xerxes Ave N A 6930 Brooklyn Blvd 6211 Brooklyn Boulevard 1901 57th Ave N 6950 Brooklyn Boulevard 6545 West River Road Mission: Ensuring an attractive, cleat:, safe, inclusive community that enhances the quality of life for all people and presewes the public trust Rental License Category Criteria Policy — Adopted by City Council 03-08-10 Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, safe, inchisive community that enhances the qualify of life for all people and preserves the public trust 5 N CL T H N a N � O N N ), U o N N CL CL co 3 0 v � o � c UO c 3 CO v v CL c T U � U roN U O J x m v t U) Q O Q a City Council Agenda Item No. 6c DATE: October 24, 2016 TO: Curt Boganey, City Manag(� FROM: Jesse Anderson, Deputy Director of Building and Community Standards/HRA Specialist SUBJECT: Resolution Declaring a Public Nuisance and Ordering the Removal of Dead Trees Recommendation: It is recommended that the City Council declare a public nuisance and order the removal of dead trees for certain properties as listed in the resolution. Background: The attached resolution represents the official Council action required to expedite removal of dead trees that were recently marked by the city tree inspector and have become a public safety issue due to being a hazard. The removal of dead trees is defined in City Ordinance Chapter 20- 202 and 19-101 thru 19-105. Property owners are given the opportunity to remove the dead tree on their own or enter an agreement to allow the city to remove the dead tree. Where an agreement with the property owner is executed, a minimal administrative charge of $50 is applied to the costs associated with the tree removal. If the owner does not respond within ten days, they are provided with a second notice notifying them of the City Council meeting where the dead tree is declared a public nuisance. If the property owner does not correct the violation or enter into an agreement, the City will remove the dead tree. An administrative abatement service charge will be charged based on the cost of the abatement, with a minimum charge of $150. Budget Issues: The cost of removal of dead trees located on private property is the responsibility of the respective property owner, and if unpaid, is specially assessed to the property. Strategic Priorities: • Enhanced Community Image Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public bust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DEAD TREES AT CERTAIN PROPERTIES IN BROOKLYN CENTER, MINNESOTA WHEREAS, Brooklyn Center City Code Section 20-202 and 19-101 thru 19-106, declares any dead tree a public nuisance and provides for abatement by the City if not corrected by the property owner; and WHEREAS, removal of dead trees and abatement of the public nuisance is necessary to prevent the hazard and to protect the safety of the public in neighborhoods; and WHEREAS, a Notice to Abate Nuisance and a Dead Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center giving the owners ten (10) days to remove dead trees on the owners' property; and WHEREAS, the City can expedite the removal of these dead trees by declaring them a public nuisance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: The dead tree at the following address is hereby declared to be a public nuisance. Property Address Tree Type "free Number 5715 Emerson Ave Pine 79 4101 Janet La Pine 84 7025 Newton Ave Poplar 85 2. After ten (10) days from the date of the initial notice, the property owner(s) was notified of a hearing to contest the determination of the City Council declaring the dead tree a public nuisance. 3. If the property owner fails to attend the hearing, the tree(s) shall be removed by the City. The cost of abatement shall be recorded and become the personal responsibility of the owner of record. If unpaid, the costs shall be specially assessed to the property in accordance with city codes and Minnesota Statutes Chapter 429. October 24 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_ 6d DATE: October 24, 2016 TO: Curt Boganey, City Managq -5 FROM: Jesse Anderson, Deputy Director of Building and Community Standards/HR9 Specialist SUBJECT: Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees Recommendation: It is recommended that the City Council declare a public nuisance and order the removal of diseased trees for certain properties as listed in the resolution. Background: The attached resolution represents the official Council action required to expedite removal of diseased trees that were recently marked by the City Tree Inspector. The City of Brooklyn Center has maintained a policy of removing and properly disposing of diseased trees in order to prevent tree diseases from spreading throughout the community. The removal of diseased trees is defined in City Ordinance Chapter 20-301 to 20-306. Although the City has historically focused on Dutch Elm disease, other transmissible diseases and infestations are addressed as well. Property owners are given the opportunity to remove the diseased tree on their own or enter into an agreement to allow the City to remove the diseased tree. Where an agreement with the property owner is executed, a minimal administrative charge of $50 is applied to the costs associated with the tree removal. After a diseased tree is declared a public nuisance by the City Council, another Compliance Notice will be provided to the property owner allowing additional time, at least five days, for voluntary correction, again providing an option for an agreement with the City.. If the property owner does not correct the violation or enter into an agreement, the City will remove the diseased tree. An administrative abatement service charge will be charged based on the cost of the abatement, with a minimum charge of $150. Budget Issues: The City's share of the cost of removal for diseased trees within the public right-of-way and on City property is included in the 2015 budget under the Public Works Forestry operating budget. The cost of removal for diseased trees located on private property is the responsibility of the Mission: Ensuring an attractive, clean, safe, inclusive cornnnuuity that enhances the quality of life for all people and preserves the public trust respective property owner, and if unpaid, is specially assessed to the property. Strategic Priorities: ® Enhanced Community Image Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES AT CERTAIN PROPERTIES IN BROOKLYN CENTER, MINNESOTA WHEREAS, Brooklyn Center City Code Section 20-301 declares any diseased tree a public nuisance and provides for abatement by the City if not corrected by the property owner; and; WHEREAS, removal of diseased trees and abatement of the public nuisances is necessary to prevent the spread of tree diseases and to protect the environmental quality and desirability of neighborhoods; and WHEREAS, a Notice to Abate Nuisance and a Diseased Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center allowing the owners twenty (20) days to remove diseased trees on the owners' property; and WHEREAS, the City can expedite the removal of these diseased trees by declaring them a public nuisance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: The diseased tree at the following address is hereby declared to be a public nuisance. Property Address Tree Type Tree Number 6218 Major Ave N Elm 77 3812 Janet La Elm 87 RESOLUTION NO. 2. After twenty (20) days from the date of the initial notice, the property owner(s) will receive a second written notice providing five (5) business days in which to contest the determination of the City Council by requesting, in writing, a hearing. Said request shall be filed with the City Clerk. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be removed by the City. The cost of abatement shall be recorded and become the personal responsibility of the owner of record. If unpaid, the costs shall be specially assessed to the property in accordance with city codes and Minnesota Statutes Chapter 429. October 24, 2016 Date ATTEST: City Clerk Mayor The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof. and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No_ 6e DATE: October 17, 2016 TO: Curt Boganey, City ManagA FROM: Jim Glasoe, Director of Community Activities, Recreation & Services SUBJECT: Resolution Authorizing Trailhead Parking & Signage and Play Node Installa ion Easement Agreements for Centennial Park Recommendation: It is recommended that the City Council consider authorization of easement agreements with Three Rivers Park District to support Trailhead Parking & Signage/Play Node Installation at Centennial Park. Background: For the past couple of months, staff has been working with the Three Rivers Park District on a couple of initiatives aimed at strengthening their presence in Brooklyn Center and supporting the Regional Trail. The first initiative is a trailhead designation agreement that would designate six (6) parking spots in the west half of the City Hall parking lot as "Regional Trail Parking" and would allow for the installation of a "Trailhead" amenity sign adjacent to the trail. Please see the attached examples. In exchange this designation, the Park District is prepared to reimburse the City $75,000. The second initiative, is the proposed installation of a "play node" adjacent to the Shingle Creels Trail in the area of Centennial Park. The Park District provided four options for the play nodes, along with anticipated locations. Staff brought these options to the public for their input at this summer's National Night Out kickoff party, the year-end Youth Soccer Program party and to one of the "Movies in the Park" events. Based upon the various public input that was forwarded to the Park District, their Board of Directors will make the final determination on which play node to install. This installation will be completed solely at Park District expense. The Park & Recreation Commission, at their September 20th meeting, considered both initiatives. After some discussion, the Commission unanimously passed separate motions recommending the City Council move forward with both initiatives. The Commission also passed along their preference for the "musical instruments" play node. Staff has worked with the City Attorney on the final agreements. Copies of the agreements are attached. Alission: Ensuring an attractive, clean, safe, inclusive connmnity that enhances the quality of life for all people and preserves the public trust The following provides a general overview of other elements contained in the agreements , Property Rights — Easements and permits for trail purposes will be provided to the park district by the City. Maintenance of Improvements — The Park District will continue to be responsible for the maintenance and upkeep of the improvements. Duration of Agreenient and Amendment —The agreements are permanent. However, the agreement shall be terminable by either party upon material breach by the other party, or may be terminable by the Park District or City by mutual agreement. Budget Issues: City resources will be used to create and record updated trail way easements within the current constraints of the 2016 budget and staff workload. All easements are being dedicated at no cost by the City of Brooklyn Center. All of the physical improvements will be completed at Park District expense. Strategic Priorities: ® Key infrastructure investments Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the gualitp of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO, RESOLUTION AUTHORIZING TRAILHEAD PARKING & SIGNAGE AND PLAY NODE INSTALLATION EASEMENT AGREEMENTS FOR CENTENNIAL PARK WHEREAS, Three Rivers Park District is asking that a cooperative agreement be authorized for designated parking and necessary easements granted for a trailhead amenities sign, adjacent to the Shingle Creek Regional Trail in the City of Brooklyn Center; and WHEREAS, Three Rivers Park District has also asked that a cooperative agreement be authorized and necessary easements granted to construct "play nodes" adjacent to the Shingle Creels Regional Trail in the City of Brooklyn Center; and WHEREAS, the Park and Recreation Commission has recommended approval of the the agreements and the designation of related easements for the improvements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that cooperative agreements and related easements be granted for designated trailhead parking, a trailhead amenities sign placement and installation of play nodes at Centennial Park in the City of Brooklyn Center. ATTEST: October 24 2016 Date Mayor 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 RIVERS PARK :. CITY OF BROOKLYNCENTER This agreement ("Agreement") is made and entered into this day of , 2016 by and between Three Rivers Park District, a political subdivision of the State of Minnesota (the "Park District"), and the City of Brooklyn Center, a Minnesota municipal corporation (the "City"). The Park District and the City may hereinafter be referred to collectively as the "Parties" or individually as a "Party." WHEREAS, the Park District is a political subdivision of the State of Minnesota authorized by statute to acquire, establish, operate and maintain trail systems; and WHEREAS, the Park District owns and operates the Shingle Creek Regional Trail through the City; and WHEREAS, the Shingle Creek Regional Trail currently lacks trailhead facilities that support an enhanced trail user experience; and WHEREAS, the City owns lands suitable for Shingle Creek Regional Trail trailhead establishment; and WHEREAS, the Park District and the City are interested in cooperating in designating six (6) existing parking stalls on the City's property for regional trail use and providing additional trailhead improvements within the City to support users of the Shingle Creek Regional Trail. NOW THEREFORE, in consideration of the mutual covenants herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the Park District and the City agree as follows: 1. Property. Subject to the terms and conditions of this Agreement, the City hereby grants the Park District the right to improve and utilize certain City owned land for regional trail purposes including, but not limited to, designating six (6) parking stalls for trailhead parking ("Designated Parking"), and for installing certain regional trail improvements (collectively, the "Improvements") such as signage, kiosks, maps, wayfinding, benches, trash receptacles and similar improvements in the locations identified on the attached Exhibit A. The Park District will prepare a trailhead site plan ("Plan") detailing the proposed regional trailhead improvements and present it to the City for review and approval. 2. Regional Trail Parking, The City agrees to provide the Park District six (6) parking stalls for the Designated Parking as depicted in Exhibit A. The Park District is responsible for any costs associated with designating the parking stalls for regional trail use including, but not limited to, any signage. Any proposed signage or other improvements proposed by the Park District for the Designated Parking 456671v2 TJG BR291-253 shall be included in the Plan for review and approval by the City. The City shall be responsible for all routine and preventative maintenance, repair and replacement of the pavement and markings constituting the Designated Parking at its own expense, including snow removal, to ensure the pavement remains in safe, good working order and open for public use. The Park District shall be responsible for maintaining the signage and any other improvements it places at the Designated Parking. Those parking at the Designated Parking shall be subject to the same City ordinances and policies that apply to those parking on the remainder of the parking lot. 3. Other Regional Trail Improvements. The Park District is responsible to design, construct, fund, operate, maintain, repair, replace and remove any Improvements installed on the City's property. The Park District shall install the Improvements in accordance with the Plan approved by the City. The Park District shall not alter the approved Plan except upon written approval by the City. 4. Payment. The Park District shall make a one (1) time payment of $75,000 to the City for the Designated Parking and for the City's permission to install the Improvements. The Parties agree the City is not required to spend the funds provided under this Agreement for any particular purpose. 5. Easement, The Parties agree to negotiate and execute a separate easement agreement to grant the Park District the right to install and maintain the approved Improvements on the City's property. 6. Permits. The City shall not unreasonably withhold any City approvals, permits, and other official permissions necessary for the Park District to construct, operate, and maintain the trailhead. The Park District shall be responsible for obtaining any such permits that may be required. 7. Indemnification. Each Party shall be responsible for its own acts and omissions and the results thereof to the extent authorized by law. Each Party agrees to indemnify, defend and hold harmless the other Party, its agents, employees and officers from any loss, liability, cost, damage and claim arising from any negligent or wrongful act or omission on the part of the indemnifying Party, its officers, employees, agents or representatives and asserted by a third party with respect to the indemnifying Party's obligations under this Agreement related to the design, construction, use, occupancy, development, operation, maintenance and repair of the trailhead, including any attorney fees and expenses incurred in defending any such claim. The Party seeking to be indemnified and defended shall provide timely notice to the other Party when a claim is brought. The Party undertaking the defense shall retain all rights and defenses available to the Party indemnified. Nothing herein shall change or otherwise affect any limits on or exclusions from liability available to either Party under Minnesota Statutes, chapter 466 or other law. As provided in Minnesota Statutes, section 471.59, subdivision la, the Parties shall be considered a single governmental unit for the purposes of determining total liability and such total liability shall not exceed the total limits on governmental liability of a single governmental unit under Minnesota Statutes, section 466.04, subdivision 1. 8. Successor and Assigns. The Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns, provided, however, that the Parties shall not have the right to assign rights, obligations and 2 436671Q TJG BR291-253 interests in or under this Agreement to any other party without the prior written consent of the other party hereto. 9. Amendment Modification or Waiver. No amendment, modification or waiver of any condition, provision or term of this Agreement shall be valid or of any effect unless made in writing and signed by the party or parties to be bound, or its duly authorized representative. Any waiver by either party shall be effective only with respect to the subject matter thereof and the particular occurrence described therein, and shall not affect the rights of either party with respect to any similar or dissimilar occurrences in the future. 10. Rights and Remedies Cumulative. The rights and remedies provided by this Agreement are cumulative and no right or remedy at law or in equity which either party hereto might otherwise have by virtue of a default under this Agreement nor the exercise of any such right or remedy by either party will impair such parties standing to exercise any other right or remedy. 11. Saving Provision. If any provision of this Agreement shall be found invalid or unenforceable with respect to any entity or in any jurisdiction, remaining provisions of the Agreement shall not be affected thereby, and such provisions found to be unlawful or unenforceable shall not be affected as to their enforcement or lawfulness as to any other entity or in any other jurisdiction, and to such extent the terms and provisions of this Agreement are intended to be severable. 12. Termination. This Agreement may be terminated by the Park District or the City by mutual agreement or as otherwise provided in this Agreement. This Agreement shall be terminable by either party upon material breach by the other party that is not cured within ten (10) days after written notice of such breach by the non - breaching party. 13. Term. This Agreement is valid and binding between the Parties in perpetuity. The City may terminate the Agreement in the event that Shingle Creek Regional Trail ceases operation for a period exceeding one (1) year. 14. Notices. Any notices to be provided pursuant to the terms of this Agreement shall be in writing and shall be given by personal delivery or by express courier or by deposit in U.S. Certified Mail, Return Receipt Requested, postage prepaid, addressed to the Park District or the City at the addresses set forth below or at such other address as either party may designate in writing. The date notice is given shall be the date on which the notice is delivered, if notice is given by personal delivery, or the date notice is set by express courier or U.S. Mail if otherwise. If to the Park District: Superintendent Three Rivers Park District c/o Legal Counsel 3000 Xenium Lane North Plymouth, MN 55441 If to the City: City Manager 6301 Shingle Creek Pkwy. Brooklyn Center, MN 55430 3 456671v2 TJG BR291-253 IN WITNESS WHEREOF, each party to this Agreement has caused it to be executed on the date indicated below. CITY OF BROOKLYN CENTER, A Minnesota municipal corporation Date , 2016 Its Mayor Date 2016 Its City Manager THREE RIVERS PARK DISTRICT, A public corporation and political subdivision of the State of Minnesota Date 2016 Board Chair Date , 2016 Superintendent and Secretary to the Board This instrument was drafted by: Eric Quiring, General Counsel Three Rivers Park District 3000 Xenium Lane No. Plymouth, MN 55441 4 486671v2 TJG BR291-253 Exhi biY A Shingla Creah RaglFonal Ttall Tna11M1¢ad � J' j" } � TNrc�Rhxrs LOOKIng north from Lhe SM1ingle Creak RaglOnal Trail Lhrough Centennial Park - TM1e proposetl [rallh¢atl am¢nitles location Is notetl oast of [he trail, between [h¢ bi[u minOus trail pavement antl the ¢xis[Ing parking lot. A-1 486601v2 Tl0 BR291-253 11111 iiipp�!I (Above space reserved for recording data) Easement Agreement Shingle Creek Regional 'frail: Centennial Park This Easement Agreement (hereinafter "Easement") is made and entered into this _ day of , 2016 by and between the City of Brooklyn Center, a Minnesota municipal corporation ("Grantor"), and Three Rivers Park District, a political subdivision of the State of Minnesota ("Grantee"). WHEREAS, Grantee is a political subdivision of the State of Minnesota authorized by statute to acquire, establish, operate and maintain trail systems; and WHEREAS, the Grantee owns and operates the Shingle Creek Regional Trail through the City of Brooklyn Center; and WHEREAS, the Grantee seeks to enhance the Shingle Creek Regional Trail user experience; and WHEREAS, the Grantor owns certain real property in Hennepin County, Minnesota, legally described on the attached Exhibit A ("Property"), suitable for Shingle Creek Regional Trail enhancements; and WHEREAS, the Grantor desires to grant to Grantee a non-exclusive perpetual easement on the Property to allow for the construction and maintenance of trailway enhancements by Grantee as provided herein; and WHEREAS, said Easement, provided by the Grantor, does not convey fee ownership of lands within the Easement area to the Grantee. NOW THEREFORE, in consideration of the mutual covenants herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the Grantor and Grantee ("Parties") agree as follows: 4866720 TJG BR291-253 1. Grant of Easement. The Grantor grants and conveys to the Grantee a permanent, non-exclusive easement for trailhead improvement purposes over, under, across, and through that portion of the Property legally described in the attached Exhibit A and depicted in the attached Exhibit B ("Easement Area"). The Easement shall run with the land, shall be binding upon the Grantor and its successors and assigns and shall be for the benefit of Grantee and its successors and assigns. The Easement shall be non-exclusive, provided, however, this Easement shall be prior to and superior to any other easement hereinafter granted over any portion of the Easement Area. Any such future easement shall be subject to and subordinate to, and shall not interfere with, the Easement without Grantee's Written consent. 2. Scope of Easement. The Easement granted herein includes the right of the Grantee, its contractor, agents, and employees to locate, install, construct, reconstruct, operate, maintain, inspect, alter, repair, and remove facilities and amenities which support the Shingle Creek Regional Trail including, but not limited to, play nodes, rest areas, signage, and similar improvements within the described Easement Area to facilitate or enhance the use of the trail. The Grantee shall be responsible for constructing and maintaining the trailway improvements placed within the Easement Area and such work shall be done in accordance with one or more separate agreements entered into between the Grantor and Grantee for such purposes. Nothing herein shall prohibit the Grantor from using the Easement Area, provided such use does not unreasonably interfere with the Grantor's use as provided herein. 3. Property Rights and Execution Authority. The Grantor warrants that 1) it owns good and marketable title to the Easement Area, 2) it has the right, title, and capacity to convey the Easement to the Grantee, and 3) the undersigned is authorized to execute this Easement. 4. Environmental Matters. The Grantee shall not be responsible for any costs, expenses, damages, or obligations, including penalties and reasonable attorney's fees, or losses resulting from any claims, actions, suits or proceedings based upon the release or threat of release of any hazardous substances, pollutants, or contaminants which may have existed on, or which relate to, the Easement area prior to the date of this instrument. 4866720 TJG BR291-253 IN WITNESS WHEREOF, the said parties have caused this instrument to be executed on the date and year first written above. ��•�Offs Its Mayor Its City Manager State of Minnesota ) ) S.S. County of Hennepin ) The foregoing instrument was acknowledge before me on this day of , 2016 by and , the mayor and city manager, respectively of the City of Brooklyn Center, a Minnesota municipal cooperation, Grantor. Notary Public Notary Stamp or Seal Its Board Chair Its Superintendent State of Minnesota ) ) S.S. County of Hennepin ) The foregoing instrument was acknowledge before me on this day of , 2016 by and , the Board Chair and Superintendent, respectively of the Three Rivers Park District, a political subdivision of the State of Minnesota, Hennepin County, Minnesota, Grantee. Notary Public Notary Stamp or Seal This instrument drafted by: Eric J. Quiring Three Rivers Park District 3000 Xenium Lane North Plymouth, MN 55441 4866720 TJa BR291-253 . Y. 4866720 TJG BR291-253 Exliib it B Can[¢nnial Park � Play Nod¢ Locations � ,.,:�m "- ...� io ar---'�2t�";F�. ThreeRtvers 486672v3 TTO BR291-253 Little League Complex Potential Funding City of BC CIP $140,000 City of BC Storm water $ 20,000 Hennepin Youth Sports $300,000 Minnesota Twins $250,000 Outdoor Recreation Grant $100,000 Three Rivers Reimbursement $ 35,000 City Council Agenda Item No. 6f DATE: October 18, 2016 TO: Curt Boganey, City Manager FROM: -Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: Resolution Establishing the Interest Rate for 2017 Special Assessments Recommendation: It is recommended that the City Council consider approval of the resolution establishing the interest rate for 2017 special assessments at 3.5 percent. Background: Each year the City Council sets an interest rate for special assessments levied against properties based on the City's Special Assessment and Internal Loan Interest Rate Policy. The objective of this policy is to establish an equitable interest rate that will not unfairly burden the property owner but also recover the cost of borrowing from outside sources, recover the cost of administering the special assessments and protect the City from the possibility that special assessment prepayments might impair the City's ability to service the bonds. City Council Policy has been to establish the special assessment interest rate by calculating the sum of the interest rate for the most recent general obligation bond, adding two percent to cover the overhead costs described above and rounding to the nearest one-half percent in accordance with the Interest Rate Policy. The most recent improvement bond sale by the City of Brooklyn Center was 2016 General Obligation Improvement Bonds at 1.43 percent, resulting in a special assessment interest rate of 3.5 percent for 2017, which is 0.5 percent lower than the 2016 rate. Budget Issues: There are no budget issues to consider. Strategic Priorities: a Key Infrastructure Investments Mission: Ensuring an attractive, clean, safe, inclusive connrnunio, that enhances the qualilp of life for all people and preserves the public trusl Member moved its adoption: RESOLUTION NO. introduced the following resolution and RESOLUTION ESTABLISHING THE INTEREST RATE FOR 2017 SPECIAL ASSESSMENTS WHEREAS, the City Council levies special assessments for certain neighborhood street and utility projects, delinquent utility bills and other services provided to property owners that go unpaid; and WHEREAS, amounts outstanding are certified to Hennepin County for collection with property taxes; and WHEREAS, by City Policy, interest is to be charged on outstanding amounts certified to Hennepin County for collection with property taxes; and WHEREAS, the interest rate to be charged is two percent over the net interest rate for the most recent City General Obligation bond sale rounded up to the next one-half percent; and WHEREAS, the most recent General Obligation Improvement Bond sale resulted in a net interest rate of 1.43 percent. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the interest rate charged on outstanding special assessments for the year 2017 is hereby established at 3.5 percent. ATTEST: October 24, 2016 Date City Clerk Mayor 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. 6g DATE: October 18, 2016 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer 5i_' SUBJECT: Resolution Establishing 2017 Street and Storm Drainage Special Assessment Rates Recommendation: It is recommended that the City Council consider approval of the resolution establishing the 2017 street and storm drainage special assessment rates for City street and utility improvement projects. Background: Each year the City Council establishes assessment rates for R1, R2 and R3 residential zoned properties based on the City's Special Assessment Policy. Within these zoning districts, the assessment rate for street and storm drainage improvements is based on a unit amount that applies to all single-family residential properties. The unit amount represents a specific portion of the average cost for reconstructing a typical residential street and storm drainage system. Street assessments for non-residential and R4 to R7 residential properties are computed separately for each project. Special assessment rates are typically adjusted each year to reflect normal inflationary increases in construction costs. The City's Special Assessment Policy indicates that "the unit assessment shall be adjusted annually to reflect cost of living increases as measured by the Construction Index" (see Section II — 2.10.2.13. La.2). The Engineering News Record (ENR) Construction Cost Index has experienced an average annual percent change for 2016 of 1.2 percent (see Table 1). Table 1. ENR Construction Cost Index - 12 -Month Average Annual Percent Change Year 2009 2010 2011 2012 2013 2014 2015 2016* 12 -mo avg. annual % change 0.3 3.6 1.3 3.7 2.7 6.3 3.0 1.2 Source: ENR website, October 5, 2016, edition Note: * 10 month average As a comparison, the Consumer Price Index has experienced an average annual percent change for 2016 of 0.6 percent (see Table 2). Table 2. Consumer Price Index 12 -Month Average Annual Percent Change Year 2009 1 2010 2011 2012 2013 2014 2015 2016* 12 -mo avg. annual % change -0.6 2.0 3.2 2.0 1.4 1.5 -0.5 0.6 Source: US Department of Labor, Bureau of Labor Statistics website, October 10, 2016 Note: * 8 month average Mission: Ensuring an attractive, clean, safe, inclusive con nurnity that enhances the quality of life for all people and preserves the public trust Based on the 2016 information above, staff recommends adjusting the special assessment rates by an increase of 1.2 percent for 2017, which will be an increase of $65 from the 2016 total assessment amount. This should continue to maintain the portion of street and storm drainage costs that are assessed at approximately 40 percent of the total cost for street and storm drainage improvements. The City Council has historically targeted 40 percent as the portion of street and storm drainage improvements that are assessed to adjoining R1, R2 and R3 residential properties. Budget Issues: Increasing the 2016 special assessment rates for 2017 would result in an assessment amount of $4,234 for street improvements and $1,270 for storm drainage improvements. The total assessment amount would be $5,504 per R1 single-family residential lot in 2017 compared to $5,439 in 2016. The attached resolution provides the corresponding adjustments for R2 and R3 zoned properties based on the proposed unit assessment rate. Strategic Priorities: ® Key Infrastructure Investments Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the duality of life for all people andpreserves the public trust Member moved its adoption: RESOLUTION NO. introduced the following resolution and RESOLUTION ESTABLISHING 2017 STREET AND STORM DRAINAGE SPECIAL ASSESSMENT RATES WHEREAS, the residential assessment rates for street and storm drainage improvements are annually reviewed and approved by the City Council; and WHEREAS, the residential assessment rates should be adjusted annually to be effective January 1; and WHEREAS, the 2017 street and storm drainage assessment rates for Rl, R2 and R3 zoned districts are based on a specific proportion of approximately 40 percent of the average cost for street and storm drainage improvements; and WHEREAS, the R4, R5, R6 and R7 zoned districts will continue to be assessed based on an evaluation of project cost and project benefit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The residential street and storm drainage special assessment rates for street reconstruction shall apply to properties in R1, R2 or R3 zoned districts. These rates shall also be applied to parcels of property in other land use zones when such parcels (a) are being used as one -family or two-family residential sites at the time the assessment roll is levied; and (b) could not be subdivided under the then -existing Subdivision Ordinance. 2. The residential assessment rates for street and storm drainage reconstruction effective January 1, 2017, shall be as follows: Land Use 2017 Assessment Rates R1 zoned, used as one -family site that cannot be subdivided Land Use R2 zoned, or used as a two-family site that cannot be subdivided $4234.00 per lot (street) $1270.00 per lot (storm drainage) 2017 Assessment Rates $56.4533 per front foot with a $4234.00 per lot minimum (street) $16.9333 per front foot with a $1270.00 per lot minimum (storm drainage) RESOLUTION N0. ATTEST: R3 zoned (per unit) Assessable frontage x $56.4533 (street) Number of residential units Assessable frontage x $16.9333 (storm) Number of residential units 3. The residential assessment rates for street and storm drainage reconstruction shall not apply to R4, R5, R6 or R7 zoned districts. The assessment rates for street reconstruction for R4, R5, R6 or R7 zoned property shall be based on an evaluation of the project cost and the project benefit for each project. ctober 24, 2016 Date City Cleric Mayor 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. 6h DATE: October 18, 2016 TO: Curt Boganey, City Manager THROUGH: Steve Lillehaug, Director of Public Works/City Engineer 5W FROM: Mike Albers, Project Manager SUBJECT: Resolution Accepting a Feasibility Report and Calling for a Public Hearing, Improvement Project Nos. 2017-01, 02, 03, 04 and 05, Evergreen Park Area Street, Utility and Trail Improvements Recommendation: It is recommended that the City Council consider approval of the resolution accepting a feasibility report and calling for a public hearing, Improvement Project Nos. 2017-01, 02, 03, 04 and 05, Evergreen Park Area Street, Utility and Trail Improvements. If approved by the City Council, legal notice would be published and all property owners who could potentially be assessed for improvements would receive a Notice of Public Hearing via mail. Background: The project was established by the City Council on May 9, 2016, by Resolution 2016-70, for the residential neighborhood area referred to as the Evergreen Park Area. This action was taken in accordance with the Capital Improvement Program, which identifies the Evergreen Park Area as residential area for street, utility, sidewalk and trail improvements during the 2017 construction season. The attached feasibility report provides a summary of the project evaluation process and preliminary layout of street and utility improvements. The report also includes the results of a resident questionnaire that was mailed to all property owners within the project area. A public informational meeting was conducted on October 12, 2016, to provide project information to residents within the project area and gain additional input frorn the public. The informational meeting was generally positive in nature with the majority of questions and concerns relating to design details, street lighting, special assessments and project schedule. A formal presentation of the feasibility of the project will be provided at the future public hearing. Budget Issues: The project cost is estimated to be $11,927,000. Funding sources for the project are proposed from a variety of sources as described in the feasibility report. Strategic Priorities: a Key Infrastructure Investments /Fission: Ensuring an attractive, clear, safe, inchrsive connnunity that enhances the lualitp of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO, RESOLUTION ACCEPTING A FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 2017-01, 02, 03, 04 AND 05, EVERGREEN PARK AREA STREET, UTILITY AND TRAIL IMPROVEMENTS WHEREAS, the Brooklyn Center City Council, by Resolution No. 2016-70, directed the preparation of a feasibility report regarding proposed improvements to the streets, stoi7n drainage system and public utilities in the Evergreen Park Area neighborhood; and WHEREAS, the City Engineer has prepared said report and recommends that the proposed improvements be considered; and WHEREAS, a portion of the cost of street and storm drainage improvements for said project is proposed to be assessed against properties within the project area; and WHEREAS, the project cost is estimated to be $11,927,000.00 and the project funding sources are currently estimated to be: Special Assessments $ 1,436,865.29 Sanitary Sewer Utility Fund $ 2,060,000.00 Water Utility Fund $ 2,363,000.00 Storm Drainage Utility Fund $ 1,476,119.71 Street Light Utility Fund $ 120,000.00 Street Reconstruction Fund $ 3,137,015.00 Municipal State Aid (MSA) Fund $ 680,000.00 Capital Projects Fund $ 378,608.00 Federal Safe Routes to School Grant $ 275,392.00 Total $11,927,000.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The Engineer's Feasibility Report for the Evergreen Palk Area Street, Utility and Trail Improvements is received and accepted. 2. A hearing shall be held on the 28t" day of November, 2016, in the City Hall Council Chambers at 7:00 p.m. or as soon thereafter as the matter may be heard to pass upon said improvement project and at such time and place all persons owning property affected by said improvements will be given an opportunity to be heard with reference to said improvements. RESOLUTION NO. ATTEST: 3. The City Clerk is directed to cause a notice of the hearing to be published in the official newspaper at least two weeks prior to the hearing, and shall state in the notice the total cost of the improvement. October 24, 2 Date City Clerk Mayor 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. CTCV of BROOKLYN CENTER FOR Public Works Dept Engineering Division Phone: 763-569-3340 FAX: 763-569-3440 IMPROVEMENT PROJECT NOS. 2017-01, 02, 03, 04 and 05 October 18, 2016 I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the lalvs of the State of Minnesota Michael JAlbers, P.E. Reg. No. 47074 October 18, 2016 Feasibility Report Evergreen Park Area Street, Utility & Trail Improvements Page I In 2017, the City of Brooklyn Center will be entering the 24th year of its long-range infrastructure rehabilitation program often referred to as the Neighborhood Street and Utility Improvement Program. This program has consisted of a systematic rehabilitation and/or replacement of the City's aging streets, water main, sanitary sewer, storm sewers, sidewalks, trails and street lights. In addition, other neighborhood improvements are often considered as part of the projects, including park improvements, landscape improvements and traffic control improvements. The City's Capital Improvement Program identifies the Evergreen Park Area Neighborhood for reconstruction in 2017. The proposed project includes roadway, utility, sidewalk and trail improvements within the project limits shown on Figure 1. The improvement area consists of properties bounded between Humboldt Avenue to Camden Avenue, from 69t"/70"1 Avenue to 73'd Avenue, excluding Dupont Avenue. This report was prepared in response to City Council Resolution No. 2016-70 dated May 9, 2016, directing staff to prepare a feasibility report and collect public input for the proposed project. Staff conducted a public informational meeting with residents and property owners located within the project area on October 12, 2016. A resident questionnaire and letter were also distributed as part of the project evaluation process. A summary of resident comments is provided in Appendix B. The 2017 project area consists of approximately 3.2 miles of streets and utilities. The project's neighborhood consists of approximately 211 residential properties that are zoned "R1 ", 1 sub -dividable residential property that is zoned "R1", 2 church properties that are zoned "PUD/R1", 1 multi -family property with 8 units that is zoned "R3", 2 multi -family properties that are zoned "R4" and 2 multi- family properties that are zoned "R5". Feasibility Report Evergreen ParkArea Street, Utility & Trail Improvements Page 2 1 1 — -. - - _ - _ ---� - -�. � ----r a --9=s ------- --- � _ -- __ r _ �-- _ _ __ �--- � vI JI ���.� • - i�_ T�_ a _ - — - � __r e f i 1 .. . � _ -��_ II , ______ 1C m � K • � �I �------'-��-i T T_f fir- �a --L. _ -_ -- �-------- - - - __ �I..- � nand lvodna ` I - - � � --- � I- � -- - - - ��z- - -�-r -� i �-�-�r=� �_-� �-_� �_�-� SLI � 3— and_ sxaavi3 _ � r_- ��� I L_ ESI � _�� � ZI --- �,�-1 ��< _ � -�-�� _ IbL 1�C1=i— � 1 i_ ���� ���-- — N3ntl 1PlOBWnN _ {I1 : _ I ��_ �� jjI�j`IN 3�n��JNInLI —_ , — —__ �i —� _— _ _ — =1 IJ_—I 1� - � _ _ _ - - _ _ — _Nand awdr --_ wNJ �, W `� 4 M, Feasibility Repor-f Evergreen Park Area Sfl-eet, UttZity 8c Trai! Improvements Page 3 A. EXISTING CONDITIONS The majority of the local streets within the proposed project area were most recently improved between 1961 and 1965 resulting in the existing street pavement being in service for more than 50 years, except Camden Avenue from 70tt' Avenue to Woodbine Lane was constructed in 1971 and 1976, and 69tt'/70tt' Avenue from Dupont Avenue to Trunk Highway (TH) 252 which was constructed in 1986. The existing streets are generally 30 feet wide, which is typical for most low volume residential streets in Brooklyn Center. 69t"/70tt' Avenue is designated as a Municipal State Aid Route and has concrete curb and gutter. 69tt'/70tt' Avenue is 32 feet wide from Dupont Avenue to Camden Avenue and ranges in size from 32 feet wide to 65 feet wide from Camden Avenue to TH 252. The roadways within the project area are very flat and do not have concrete curb and gutter except for a 69tt'/70t" Avenue. The roadways' bituminous asphalt pavement has aged and is showing significant fatigue and distress, particularly along the unprotected edges. The typical service life for bituminous pavement is approximately 30 years. Generally, it is no longer cost-effective to routinely maintain these streets with seal coating or thin overlay procedures. Complete reconstruction is warranted. Concrete sidewalk exists along the south side of 72nd Avenue from Humboldt Avenue to Freemont Avenue, on the west side of Freemont Avenue between 72nd Avenues, and on the south side of 72"d Avenue from Freemont Avenue to Bryant Avenue. Concrete sidewalk exists along the south side of 70th Avenue from Humboldt Avenue to Emerson Avenue, on the west side of Emerson Avenue from 70th Avenue to Emerson Lane, and on the north side of Emerson Lane to Dupont Avenue. Concrete sidewalk also exists' along the north side of 69tt'/70tt' Avenue from Dupont Avenue to TH 252 and on the south side of 691h/70tt' Avenue from Dupont Avenue to 270 feet west of Camden Avenue. Bituminous trails exist in Evergreen Park and along the north side of 69t"/70t" Avenue from Dupont Avenue to TH 252. See Figure 2 for existing sidewalk and trail locations. A geotechnical investigation was performed within the project area to obtain and analyze soil samples below the street pavement. The geotechnical evaluation report contains information regarding the subsurface soil and groundwater conditions and includes appropriate design and construction recommendations. Soil borings primarily indicate good soils containing sand, silty sand, poorly graded sand with clay, clayey sand and sandy lean clay to depths that range from 4 to 19 feet below the pavement surface. Traces of bituminous pavement fragments were encountered within the fill layers in some locations. Organic material consisting of wood was encountered within the fill soils of one soil boring on 70tt' Avenue between the depths of approximately 2.0 and 4.5 feet below the top of pavement. Groundwater was noted at depths of 5.0 to 17.0 feet below the pavement surface in several areas. Traffic within the project area is generally limited to local traffic access to residential properties within the neighborhood with the exception of 69th/70th Avenue which is a collector roadway and provides access to/from TH 252 and to the adjacent neighborhoods. Based on traffic counts taken the week of August 30, 2016, 69t"/70tt' Avenue has traffic volumes of approximately 2,330 vehicles per day west of Camden Avenue. The remaining roadways generally do not provide connection to other neighborhoods and, therefore, do not experience significant cut -through or collector -type traffic. Traffic volumes on other streets within the project area are generally low volume and typical for local roadways in Brooklyn Center, expected to be much less than 1,000 in most instances. The Trunk Highway 252 Corridor Study Plan which was adopted by the City Council on March 14, 2016 as a planning and development guide for TH 252 recommends the closing of 70th Avenue at TH Feasibility Report Evergreen ParkArea Street, Utility & Trail Improvements Page 4 252 and construction of a pedestrian bridge at a future time. Traffic that uses 70th Avenue today would be rerouted to either 66th Avenue or 73rd Avenue. In this situation, traffic volumes on Camden Avenue would be expected to increase with the closure of 70 Avenue at TH 252. Other miscellaneous traffic changes could be expected dependent on TH 252 access changes. D. PROPOSED STREET IMPROVEMENTS Based on the age and condition of the existing bituminous asphalt pavement surfaces and the proposed replacement of underlying utilities in certain locations, complete replacement of the street surface is warranted with the exception of 69th /70t" Avenue. Proposed street improvements include full depth reconstruction for the existing streets to a width of 30 feet for all streets within the project area (see Appendix C, Street and Storm Sewer Improvements Figure). The existing soil material will provide a stable foundation to support the proposed street and utility improvements. The roadway subgrade consists of good soils and is planned to be reclaimed (recycled) in place to be reused as the new aggregate base for the proposed street section. Removal of poor soils in isolated areas throughout the project for utility and or roadway construction will be performed as recommended in the geotechnical report and as determined in the field during construction. The installation of concrete curb and gutter is proposed with the reconstruction of the streets within the project area. Concrete curb and gutter will assist in conveying storm water runoff to storm sewer catch basins. The improved drainage benefits derived from the installation of curb and gutter will significantly extend the service life of the new pavement. The street grades will also be designed to provide improved drainage to the storm sewer system. The proposed street reconstruction does not include substantial changes to the roadway width, alignment or elevation. Aldrich Court is a dead-end street that terminates with a bulb cul-de-sac and the intersection of Emerson Avenue and Woodbine Lane has an eyebrow cul-de-sac. These cul-de-sacs will be reviewed for turning movements and for storm water inlet placement during final design. Based on the age and condition of the existing bituminous asphalt pavement surface, comVlete full depth pavement replacement of the street surface is warranted for the entire length of 69tt'/70t' Avenue. The existing concrete curb and gutter on 69th/70th Avenue has not exceeded its life expectancy and can be suitably rehabilitated with spot repairs. Approximately 50 percent of the curb and gutter is estimated to be replaced due to heaving/settling issues and impacts by other construction (e.g. water main and storm sewer repairs). In accordance with the. Complete Streets Policy adopted by the City in 2013, all streets and trail projects, including design, planning, reconstruction, rehabilitation, maintenance or operations by the City of Brooklyn Center shall be designed and executed in a responsible, equitable and financially reasonable way to accommodate and encourage travel by bicyclists, pedestrians, public transportation, emergency and commercial vehicles in a balanced manner. Implementation of the City's Complete Streets Policy ensures that the needs and safety of pedestrians, bicyclists, motorists and transit riders of all ages and abilities are taken into account in the design and operation of roads. Accordingly, a worksheet was completed to assist in the complete streets evaluation (see Appendix A, Complete Streets Worksheet). Additionally, the Safe Routes to School Planning (SRTS) Assistance Memorandum prepared by MnDOT in June 2013 and the Pedestrian & Bicycle Plan adopted in March 2014 identified missing sidewalk/trail connections and recommends construction of a sidewalk/trail system along the south side of 701h Avenue from 270 feet west of Camden Avenue to TH 252, the south side of 72nd Avenue from Feasibility Report Evergreen Park Area Street, Utility & Trail Improvements Page 5 Bryant Avenue to Camden Avenue and on Camden Avenue from 70th Avenue to 73rd Avenue. An improved crosswalk at the intersection of Camden Avenue and 70th Avenue was also identified in the 2013 Safe Routes to School Planning study for the Evergreen School non -bus area. Federal SRTS funding has been awarded to the City in the amount of $275,392 for the proposed sidewalk/trail system improvements along 70th Avenue, 72nd Avenue and Camden Avenue. The following strategies and improvements are recommended (see Figure 2): 0 Ensure that the needs and safety of pedestrians, bicyclists, motorists and transit riders of all ages and abilities are taken into account in the design and operation of roads. A neve 6 feet sidewalk located along the south side of 70th Avenue from 270 feet west of Camden Avenue to TH 252 is proposed to connect the existing sidewalk on 70th Avenue to Evergreen Park and to the Metro Transit bus stop on TH 252. 0 A new 6 feet sidewalk located along the east side of Camden Avenue from 72nd Avenue to 73rd Avenue is proposed to connect the existing sidewalk on 73th Avenue to Evergreen Park. 0 A new 8 feet bituminous trail located along the south side of 72nd Avenue from Bryant Avenue to Camden Avenue and along the west side of Camden Avenue from 70th Avenue to 72nd Avenue is proposed to connect the existing sidewalks on 70th Avenue and Bryant Avenue to Evergreen Park. 0 100 percent of the sidewalk along 70th Avenue west of Dupont Avenue, 72nd Avenue, Emerson Avenue and Emerson Lane are estimated to be replaced due to heaving/settling issues and impacts due to utility construction. 0 100 percent of the bituminous path along the north side of 69th/70th Avenue from Dupont Avenue to TH 252 is estimated to be replaced due to heaving/settling/cracking issues and impacts due to utility construction. 0 Pedestrian curb ramps will be constructed throughout the project at each crosswalk location with truncated dome detectable warning systems in compliance with the Americans with Disabilities Act (ADA). While this report addresses the feasibility of the identified SRTS sidewalk and trail improvements, it is anticipated that the SRTS sidewalk/trail system improvements will be bid under a separate project due to the federal funding process requirements. It should also be noted that in-depth property surveys are not performed and when constructing the new driveway aprons, the determined location generally matches existing driveway locations and widths. It is not the intent under this project to verify and fix driveway -property line issues, which sometimes exist. Rather, the construction under this project generally occurs within City right-of-way. Other improvements include the installation of concrete driveway aprons, the replacement of trees that are impacted, replacement of landscaping elements and irrigation systems that are impacted and deficient segments of sidewalk are proposed to be repaired as warranted or impacted. Disturbed boulevard areas will be restored with topsoil and sod. Feasibility Report Evergreen Park Area Street, Utility & Trail Improvements Page 6 Figure 2: Sidewalk and Trail Improvements iA 4 u) C dl N O Q. E m 0 at �' n �_ i ar �' rn o`> L Feasibility Report Evergreen Park Aren Sb�eet, Utility 8c Trait Improvements Page 7 III. STREET LIGHTING SYSTEM A. EXISTING CONDITIONS The neighborhood improvement program has historically included the replacement of free-standing street lights located within the neighborhood. Free-standing street lights are defined as lights mounted on poles, which do not contain any other overhead utilities attached to them. There are currently seventeen free-standing street lights within the project area. These lights consist of older style wood utility poles that have been in service for many years, most likely dating back to the original construction of the neighborhood. The existing free-standing street lights have overhead power services with cobra -head type light fixtures. Other street lights in the neighborhood exist on multiuse -type poles, which are unable to be removed and therefore are not planned to be replaced. There are currently nine street lights on multiuse poles within the project area. The City's Street Light Policy states that street lights may be provided at street intersections and at mid - block locations where the distance between intersections exceeds 700 feet. Street lights are currently located at all intersections and at most of the longer blocks that exceed 700 feet with minor exceptions. D. PROPOSED STREET LIGHTING IMPROVEMENTS The recommended street light improvements include replacement of the seventeen existing free-standing street lights with fiberglass poles, cut-off type LED light fixtures and underground power services. Other street lights that are mounted on multiuse transmission/distribution poles within the neighborhood are not proposed to be modified with this project (see Figure 3); however, Xcel Energy has indicated that they anticipate replacing all Xcel Energy -owned cobra head -style streetlights on multiuse poles with LED fixtures by 2018. Staff received inquiries and requests for additional street lights from a few residents through the public outreach efforts of the project. In accordance with City policy, mid -block street lights may be installed where the block exceeds 700 feet in length upon receipt of a petition signed by a majority of the residents on the block, including signatures of the residents adjacent to the specific location where such mid -block light is requested. Adding new street lights will be coordinated and evaluated during the final design stages of the project with the property owners that would be directly affected by adding new street lights. Should the appropriate petitions be received, additional lighting will be included in the project lighting improvements. Feasibility Report Ei,ergreen Park Area Street, Utility & Trail bnprovenaents Page 8 Figure 3: Street Light Exfiibit �� _ - -� J --------- - -----• ` �` �. `� -�- _ __ � , ,. . � ��� � 1 —N3nd N30Ih'd�_:� - i 4 _ r- _ -psi � � r � I I. � _� K _ ��� NgnV 1NVAa� � - T G �_ �-1 O H O -� � N 3Ab � 1 i J m O - _ --- -- .F �� _ - - �- --- � __ - 1 =��3�-�-�-�-'�- f�'r-�-�--fit - � � �?�� - (� � _ nand nosae _ _ � __ LL � � � nandiNowaa� __ Qom~" 11/ll/, - �-j+�9�1Irn+'�II_-'• � 1. ; �.�_ J I W 1 L.. _ _ -�-� � ����._ _ - _ N 3� �il' _ - '- -� 1 �l 11 L � _ ,p, Nand a�oewnN 3 - _�- — _ �_ T Q - 'e �� - - - '� � N 3n� N I -I � � L v -� s -- _ - �, � � _N3ntl 3 _C a [I •�-Q r c as a a C M Feosibiliay Report Evergreen Parlc Area Street, Utility 8c 77 -ail Improi>ements Page 9 A. EXISTING CONDITIONS The project area is located within the West Mississippi Watershed Management Commission area and flows to the Mississippi River. The existing storm drainage system in the project area consists of a network of storm sewer pipes installed between approximately 1960 and 1969 and is generally undersized by today's standards. The surface water within this neighborhood flows overland to the underground storm drainage systems on Emerson Avenue, Bryant Avenue or Camden Avenue which flows to trunk storm drainage systems on 70th Avenue, eventually discharging into the Mississippi River. The trunk line on 70"' Avenue consists of pipe ranging in size from 42 -inch to 66 -inch, reinforced concrete pipe installed in 1960. The storm drainage systems on Emerson Avenue, Bryant Avenue and Camden Avenue consists of pipe ranging in size from 15 -inch to 24 -inch, reinforced concrete pipe installed in 1961, 1962 and 1969. A televising inspection of the existing storm sewer is currently being conducted and will further be evaluated during final design. A cursory review of the existing underground pipe network in this area found the pipe to be in fair to good condition with some isolated issues identified in several areas that warrant repair. There are several isolated areas within the project area that experience localized flooding due to the flat topography within the project area. Several comments from area residents indicated a lack of adequate drainage facilities within the neighborhood and were mostly related to standing water along the edge of the street and at driveways. However, no major flooding issues have been identified. D. PROPOSED DRAINAGE IMPROVEMENT'S Storm sewer improvements will be made to the existing system that includes replacing/repairing catch basins and laterals where necessary. As indicated, the storm sewer system is to some extent undersized. A more complete system is proposed to be installed including multiple new trunk and lateral lines and catch basins in several areas (see Appendix C, Street and Storm Sewer Improvements Figure). This expansion of the drainage system and installation of additional pipes and catch basin structures will help minimize localized drainage problems. The existing storm sewer system within the street right-of-way will be reconstructed, but is not expected to include the replacement of the trunk storm sewer within 70th Avenue. The condition of the trunk storm sewer pipe along 70th Avenue will be evaluated during final design to determine the remaining service life. Proposed water quality improvements include installing underground water treatment structures (grit chambers) that will remove sediment, litter and other suspended contaminants prior to discharging from the project area. Grit chambers will be placed at locations within the project area prior to storm sewer discharging from the neighborhood where feasible. Construction of a storm water treatment facility to treat regional storm water runoff prior to discharging to the Mississippi River will also be consider where feasible during final design. Other water quality improvements could potentially include installing infiltration trenches within the street right of way, pervious pavement in certain areas of the Evergreen Park parking lots, and an underground infiltration system in Evergreen Park near 70th Avenue. Additionally, infiltration basins (rain gardens) will be incorporated throughout the project area within the boulevard areas where adjacent property owners volunteer and agree to these gardens. An infiltration basin consists of a relatively small area of plantings within a constructed depression located behind the street curb. Rainwater is routed to the areas from the street gutter and infiltrates naturally by plants and soils in the garden. This infiltration process removes nutrients and pollutants. By Feasibility) Report Evergreen ParkArea Street, Utility & Trail Jinproveinents Page 10 acting as a small detention pond, the rain garden plants and soils also provide a natural way of [-educing the amount of runoff water that flows from rooftops, lawns, driveways and streets directly into the stot-m sewer system. The underground treannent chambers and infiltration basins are recommended For this project in certain areas to help meet the City's storm water treamteut goals and requirements. V. SANITARY SEWER SYSTEM A. EXISTING CONDITIONS The existivg sanitary sewer collection system within the project area consists primarily of eight -inch diameter vitrified clay pipe (VCP) sewer mains- A majority of the savitary sewer system was installed between 1961 and 1963, except the sanitary sewer on Camden Avenue which was installed in 1968 and 1971. A sanitary sewer trunk line consisting of 15 -inch diameter reinforced concrete pipe (RCP) and 15 - inch dimneter VCP pipe tuns along 701h Avenue which was installed in 1960- Due to the age and materials used in the original construction of the sanitary sewer, a large poation of the sanitary sewer mains within the project area are subjected to frequent issues with root intorsion. Public Works crews must perform root sawing and jetting on an annual basis to maintain the system conveyance capacity and avoid sewer back-ups in many locations (see Figure 5). During the project planning phase, all public sanitary sewer pipes were inspected with remote televising equipment. These inspections conSrmed that portions of the sanitary sewer have moderate to severe problems with root intrusion, sags and sections of cracked and btnken pipe along pipe joints and at many services. Surveys received fivm residents also indicate some occurrences of sewer service lino blockage that are often attributed to root penetration of the service pipe joints and connection points. Figure 4 illustrates a typical section of sewer pipe with moderate root intrusion problems. The project contains many segments of sanitary sewer that are in likewise or worse condition - B. PROPOSED SANITARY SEWER IMPROVEMENTS Complete replacement of the eight -inch diameter VCP sanitary sower mains within the project area is recommended due to the extent of toot intrusion, sags and cracked pipe within the collection system. Alaq lining of all the 15 -inch diameter RCP and VCP sanitary sewer hunk lines on 70th Avenue from Humboldt Avenue to the east side of TH 252 is recommended due to the age and pipe material of the collection system (see Appendix C, Sanitary Sewer ,and Water Main Improvements Figure). Isolated replacement of the problem areas is not cost effective- In accordance with past City construction practice, individual service lines between the sewer main and the property line would also be replaced. Feasibilisy Report Evergreen Park Area Street, Utility d< 7Yail Improvements Page II Figure 5: Sanitary Sower Root Saw Locations s y c d E a� a E m n m y 2 a L C y L T Y u Feostbidity Report Evergreen Park Area Street, Utiltty 8c 7Yai! Improvements Page I2 The Evergreen Park project area contains a complex water main system. This area contains five municipal wells, one water tower and the water treatment plant. The existing water main ranges in size from 6 -inch diameter cast iron pipe (CIP) to 30 -inch steel pipe. The main line water main in the residential areas consists of 6 -inch CIP installed between 1961 and 1965, except Camden Avenue which was installed in 1971. A portion of the raw water lines were replaced with the construction of the water treatment plant project in 2015 on Camden Avenue from the water treatment plant to 70t" Avenue and on 70t" Avenue from Camden Avenue to 600' west of Camden Avenue . The water main on Aldrich Court was replaced in 1993. A 10 -inch CIP water main was installed along 70t" Avenue in 1961. The water main pipe velocities in the Evergreen Park Area are all relatively low due to low domestic demands in this residential area as confirmed by water distribution modeling. Minor water quality issues have been reported by residents. A majority of the existing water main in the project area is assumed to have a cement based internal liner, which was confirmed by two samples of pipe that were dug up and evaluated. There is a history of water main breaks along 72nd Avenue, Woodbine Lane and Camden Avenue. Corrosion rates have not been thoroughly documented within the project area; however, water records indicate that 22 water system breaks have occurred and 10 properties have experienced frozen water service in past winters (see Figure 6). However, the water main is in good to fair condition and has not approached the end of its life cycle. B. PROPOSED WATER MAID IMPROVEMENTS Recommended water main improvements include partial replacement (approximately 80%) of the existing cast iron water main with new ductile iron water main in segments where water main breaks have occurred and where the replacement of the adjacent sanitary sewer that is deeper than the existing water main (due to undercutting issues during construction) (see Appendix C, Sanitary Sewer and Water Main Improvements Figure). In future years, nearer the end of the life cycle of the remainder of the water main that is not being proposed to be replaced (see Figure 6), considerations of in-situ pipe lining is expected to be evaluated as warranted that will preserve the new roadway that is being proposed as part of this current project. Recommended water main improvements also include installing new water main on 72nd Avenue from Humboldt Avenue to Freemont Avenue and looping the water main on Bryant Avenue south of 72nd Avenue to remove long water services and to improve the circulation. The proposed improvements also include replacement of valves, hydrants and water services extending from the water main in the street to the water curb stop located at the front property line. Insulation will be installed at properties that have experienced frozen water service in the past. Replacement pipe materials include ductile iron pipe, which is more resistant to corrosion than cast iron pipe, and copper service pipe. Feasibility Report Evergreen Park,4rea Slreet, Utility & Trail Iniprovements Page 13 r Figure 6: Water Main Break, Frozen Water Service and Unlined Pipe Locations _.r - 1 Iii _ _. ___ -___: � _.. .. -. - _ _ _ _ ._ - -_ � r-r-� _ -- _ _ �T - -� I{ N3AV N34WV'J � '` ' _ _ 1 __ `y.� jE1 r �` -- - _ � � O� � � ___ _ / T a I 1 a - 7.._ ... — �� � � -N3ntl wtl a --� . r > —, � m� _�. �d���.„�_. '-! - --- I -SIT Ir � __ . _� IIIcr _ L �w�� — _��_� a _I I _I _ 1 I I �tl NO��W � � _9 � L1 I�I�_L� L 11J I LLL '�l IJ_L_I � _;---'� Lr=-'��J �- -- _ r _ - � LLL...___ r 7Yr p _ _� _ _� _ ��.� Q fie_ E �` spa �� � F � �R a'` Via` « P3� 8d 9�s P3 �Sp- 4l G OJ d O a �� o -� -� J .Z` Y N m C d A In (6 d �N -C N d C d N w �i FeasibiZfty Report Evergreen Park Area Street, Utllity Bc TroiZ Improvements Page I4 VII. PARK IMPROVEMENTS The City's Capital Improvement Program identifies improvements for Evergreen Park in 2017. Recommended park improvements at Evergreen Park include replacing the bituminous trails within Evergreen Park with eight foot wide trail sections, constructing new ADA pedestrian ramps, replacing approximately 250 feet of concrete curb in the parking lots and install new bituminous surfaces within all three of the Evergreen Park parking lots with pervious pavement in some locations. Generally, all public infrastructure owned, maintained and operated by the City throughout the project area is located within City easements and/or right-of-way. It is not anticipated that the City will need to obtain any additional easement for any existing or proposed improvement located within the roadway. If necessary, any identified easement needs during final design will be further coordinated with the City Attorney and the identified property owners. Feasibility Report Evergreen ParkArea Street, Utility & Trail bnprovenzents Page 15 IX. ESTIMATED COS'T'S ANIS FUNDING CONSIDERATIONS The total estimated cost of the proposed project is $11,927,000. Table 1 provides a summary of the estimated project costs and recommended funding amounts from the various sources as indicated. Funding for the project is further described below. A. FUNDING FOR STREET IMPROVEMENTS The estimated project cost of roadway improvements for all streets in this project area is $4,710,000. This preliminary estimate includes the cost for project administration, legal, engineering and construction contingency. Special assessments for street improvements are proposed in accordance with the 2017 rates which are expected to be considered for adoption by the City Council on October 24, 2016. The standard 2017 residential street assessment rate is estimated to be $4,234 per RI zoned residential property. This rate would be assessed to all benefitting single family residential properties within the project area (see Figure 7). The church properties located at 1200 69th Avenue and 1107 Emerson Lane, and the subdividable lot at 800 691h Avenue are zoned R1 and would be assessed based on the maximum number of lots allowable times the unit assessment. The multi -family properties located south of 70th Avenue (Evergreen Estates Townhomes) are zoned R3 and would be assessed based on a per unit assessment based on the R2 frontage rate, multiplied by the total feet of frontage and divided by the total number of units. The multi -family properties located at 1302 69th Avenue, 7200 Camden Avenue and 6920 Humboldt Avenue would be assessed based on an area basis. An "A" zone benefit includes the area abutting the street to be improved, extending to a depth of 200 -feet and a `B" zone of lesser benefit for the remainder of the property area. The "A" zone rate is based on assessing 70 percent of the total street project cost deemed to benefit the property and the "B" zone rate is based on 30 percent. Based on cost estimates for frill street reconstruction, the full unit rate has been determined to be "A" zone rate of $0.3672 per square foot and a "B" zone rate of $0.1574 per square foot. It should be noted that historically the assessments have been levied based on estimated costs rather than actual costs, understanding that the project costs are levied at a reduced percentage (70 and 30 percents as indicated above). The multi -family property located 407 70th Avenue would be assessed based on an area basis. Based on preliminary cost estimates for full depth pavement replacement, the full unit rate has been determined to be an "A" zone rate of $0.2456 per square foot and a `B" zone rate of $0.1053 per square foot. City owned properties are not proposed to be assessed. A total estimated special assessment amount of $1,112,985.00 would be levied for street improvements. The remaining street construction costs would be funded from the Street Reconstruction Fund and Municipal State Aid (MSA) Fund. A summary of the proposed special assessments for street improvements is provided in Appendix D. B. FUNDING FOR STORM DRAINAGE IMPROVEMENTS The total estimated cost for storm drainage improvements within the project area is $2,020,000. This preliminary estimate includes the cost for project administration, legal, engineering and construction contingency. Special assessments for storm drainage improvements are proposed in accordance with the 2017 rates which are expected to be considered for adoption by the City Council on October 24, 2016. The standard 2017 storm drainage special assessment rate is estimated to be $1,270 per R1 zoned single family residential property within the project area (see Figure 7). Storm sewer assessments for the church properties located at 1200 69"' Avenue and 1107 Emerson Lane, the subdividable lot at 800 69th Avenue and the multi -family properties located south of 70th Avenue (Evergreen Estates Townhomes) Feasibility Report Evergreen Par kArea Street, Utility & Trail Iniprovenients Page 16 have been computed similarly to the street assessments. Storm sewer assessments for the.multi-family properties located at 1302 69t" Avenue, 7200 Camden Avenue and 6920 Humboldt Avenue have been computed similarly to the street assessments. Based on preliminary cost estimates for the storm sewer improvements, the full unit rate has been determined to be an "A" zone rate of $0.1575 per square foot and a "B" zone rate of $0.0675 per square foot. On this basis, a total estimated special assessment amount of $323,880.29 would be levied for storm sewer improvements. A summary of the proposed special assessments for storm drainage improvements is provided in Appendix D. C. FUNDING FOR UTILITY IMPROVEMENTS The estimated cost of sanitary sewer improvements is $2,060,000; the estimated cost for water main improvements is $2,363,000; the estimated cost for street light replacement is $120,000; the estimated cost for the Safe Route to School sidewalk improvements is $344,000 and the estimated cost for park improvements is $310,000. As previously noted, these total cost estimates include the costs for project administration, engineering, legal and construction contingency. All costs for water, sanitary sewer and street light improvements will be funded by their respective utility fields in accordance with established policy for such improvements. All costs for the park improvements will be fielded by the Capital Projects Fund. All costs for the Safe Route to School sidewalk and trail improvements will be funded by the Federal Safe Routes to School funding and the Capital Projects Fund. Feasibility Report Evergreen Park Area Street, Utility & Trail Ii PrOvements Page 17 !! 4■■ :;;;!!!■|! ; • »!! § 2!■!!!;■ ■ ! )k� § k § ,} kkk k k| | ;f ;§■ ! ■ !# zzz ! ■ , ` ��� \ § !� !„; ; : ) !! }k� k | § . ■;■ , !� !!! [ § / | \ ! §k) ) k §■ ( � , / / !�!) �/^!\{� !! !�*! } !;!! � !,!N . ||!! | $£!.!l�I,I! | a__«� _ _� _��_�� _ _«��_� _� _ as a Figure 7: Assessment Map C �� � � � � � � � � u @ @ ek k � � § � .� w � z - vz � � � @ 'd 'k � � � 0 .F $ � �❑■❑❑❑■■o€�a c d E d 0 .� H N � � .� p N � E .-r vi N va a� N d -L d C N W a� 3 �n M Feasibility Report Evergreen Park !(rea Street, Utility do 71 -ail Improvements Page 19 X RECOMMENDED PROJECT SCHEDULE Table 2 is the preliminary schedule for the project. Table 2. Evervreen Park Area Reconstruction Project — Schedule Action ar et Date City Council Receives Feasibility Report, Declares Cost to be October 24, 2016 Assessed and Calls for Public Hearings City Council Holds Public Hearing, Authorizes the Project and November 28, 2016 Orders Preparation of Plans and Specifications City Council Approves Plans and Specs, and Authorizes January 2017 Advertisement for Bids City Receives and Opens Project Bids February/March 2017 City Council Considers Award of Contract March/April 2017 Start Project Construction April/May 2017 Construction Substantially Complete . October 2017 The overall condition of the City's street and utility infrastructure systems is critical to the operation, safety, welfare and economic health of the entire community. As a result of the infrastructure needs described and the proposed solutions and estimated costs provided in this report, the proposed project is considered to be necessary, cost effective and feasible. Feasibility Report Evergreen Park Area Street, Utility & Trail Improvements Page 20 ma,g j tm� Complete Streets Worksheet Feasibility Report Evergreen Park Area Street, Utility & Trail Improvements City of Brooklyn Center Complete Streets Policy Appendix A This Complete Streets Worksheet is intended to serve as a guide when reviewing a roadway's ability to accommodate all modes of transportation (pedestrian, bicyclists, transit riders, freight, and automobiles) and people of all abilities in a cost-effective manner, while promoting safe operation for all users. Complete streets address the design of the entire street right-of-way to determine the best allocation of space between the various transportation modes. Complete streets may be achieved through single projects or incrementally through a series of smaller -improvements or maintenance activities over time. This worksheet was developed to facilitate implementing the complete streets process and to help sort through potentially conflicting modal priorities. The worksheet is also available in an electronic format that allows responses to by typed directly into the worksheet. Please reference the following materials when filling out the checklist: City and/or County Comprehensive Plans that cover the project area Transportation Plans that cover the project area (e.g., City, County, and/or State) Bicycle or Pedestrian Master Plans that cover the project area (e.g., City, Park district, County, and/or State) ® City and/or County ADA Transition Plans that cover the project area • Area specific studies ® A Policy on Geometric Design of Highways and Streets (AASHTO "Green Book") • AASHTO Guide for the Development of Bicycle Facilities, 4th Edition ® MnDOT Bikeway Facility Design Manual ® Minnesota Manual on Uniform Traffic Control Devices (MMUTCD) • ADA Accessibility Guidelines (ADAAG) • Proposed Rights -of -Way Accessibility Guidelines (PROWAG) © Hennepin County Complete Street Policy • State of Minnesota Complete Street Policy Complete Streets Policy Adopted by City Council June 24, 2013 _ ._ - Project Location City of Brooklyn Center (municipalityj: Roadway Jurisdiction: City of Brooklyn Center Evergreen Park Area Street, Utility and Trail Improvements Project/Roadway Name: Improvement area consists of properties bounded between Humboldt Ave Project Start Point: to Camden Ava, from 69th/70th Ave to 73rd Ave, excluding Dupont Ava. Sea project area map in feasibility report. ' Project End Point: Mike Albers, City of Brooklyn Center Prosect Manager Define Existing and Future Land Use and Urban Design ConTexT 7 . Do� any adopted plans call for the development of bicycle, pedestrian, Transit or roadway facilities on, crossing, or adjacent to, the proposed project2 If yes, list the applicable plan(s]. Guidance: Possible sources o£ [his information include Comprehensive Plans,'hansportation Plans, Bicycle or Pedestrian Master Plans or area -specific studies developed by applicable City, County and/or State Agencies. MnDOT Safe Route to School Planning Assistance Project: Brooklyn Center Summary Memorandum (June 2013) Brooklyn Center Pedestrian &Bicycle Plan (City of Brooklyn Center, March 2014) 2. Ara share any local, county, statewide or federal policies th of colt for incorporating multimodal facilities? Guidance: Policies at the state and federal level may impact a project due to funding sovrces- NA A-2 COMPLETE STREETS IMPLEMENTATION RESOURCE GUIDE 3. Describe the study Oreo. Guidance: What are the predominant land uses along the corridor? What is the community <hazacter? (e.g., tree -lined streets, historiq new development) Are there any planned redevelopment areas in the project area? The project area consists of approximately 3.2 miles of streets and uti litias. The project's neighborhood consists of approximately 211 residential properties that are zoned "R1 ", 1 sub -dividable residential property that is zoned "R1", 2 church properties that are zoned "PUD/R7 ", 1 multi -family property with 8 units that is zoned "R3", 2multi-family properties that are zoned "R4", and 2multi-family properties that are zoned "RS". 4. What trip generators (existing and future] ore in the vicinity of the project that might attract walkers, bikers or transit usars8 Guidaaice: For example, large employers, downtown or shopping districts, schools, parks, community centers, medical centers, transit stations, government buildings and senior care facilities. The project area includes 1 City park (Evergreen Park) and 1 school property (Evergreen Park World Cultures Community School) adjacent to the project. Define Existing and Future Transportation ConTexT 5. Describe existing and projected modal volumes, if available. APPENDIX A: COMPLETE STREETS WORKSHEET P.-3 Local Streets: low volume Local Streets: low volume Average Doily Traffic 69th/70th Av®nue (2015): 2,650 69th/70th Avenue (2037): 3,150 Not Available Not Available Pedestrian Counts Not Available Not Available Bicycle Counts Not Available Not Available Truck Volumes NA NA Transit Volumes APPENDIX A: COMPLETE STREETS WORKSHEET P.-3 6. 6ci sting vehicle speed conditions. a. What is the posted speed limit for the project and associated intersecting streets? 30 mph per state statute (Local streets), 30 mph posted speed limit on 69th/70th Avenue b. Provide speed data, if available. 69th/70th Avenue west of Camden Avenue: 39.6 mph (8/29/16-9/2/16) Other local streets range between 27.6-30.7 mph (8/29/16-9/2/16) c. Are excessive speeds an issue in the project area? Yes on 69th/70th Avenue 7. Describe crash data, if available, and known conflict locations. Guidance: Crash data will likely not be available for pedestrians and bicycles. Crash trends and known conflict points should include neighborhood input and antidotal data, such as areas of known "near misses', or areas where seasonal activities cause safety issues, such as sports arenas or £atrgrovnds. a. Are there any crash trends between specific modes? Thera arc no crash trends between specific modes. The bicycle accident involved a vehicle backing near Aldrich Court. b. Are there known conflict points between specific modes? Yes, the intersection of Camden Avenue and 70th Avenue was identified in the 2013 Safe Routes to School Planning study for the Evergreen School non -bus area as a potential conflict point between pedestrians and vehicles. An improved crosswalk is recommended at this location. A-4 COMPLETE STREETS IMPLEMENTATION RESOURCE GUIDE 8. Describe Classifications. a. What is the road functional classification? All streets within the project area are designated as Local Streets, except 69th/70th Avenue which is designated as a Municipal State Aid Route. 69th/70th Avenue has slightly high traffic because it provides access to/from TH 252 and to the adjacent neighborhoods. b. Does the street cross any high functional classification roads? (yes/no) If so, please list. Yes: The south boundary of the project is 69th/70th Avenue which is a collector and Dupont Avenue which is in the middle of the project is a collector c. Does the roadway have other classifications (e.g., truck route, transit route, bicycle route, emergency vehicle route)? (yes/no) If so, please list. A regional trail is present along the south side of 69th Avenue from Palmer Lake Park to Dupont Avenue and along the north side of 69th/70th Avenue from Dupont Avenue to TH 252, 9. Sketch in or attach the existing cross-section(s). Guidance: The existing cross-section should include the full right-of-way and be clearly dimensioned. Additional cross-sections are advisable to illustrate specific situations or if corridor segments greatlyvary. W. 60' 15' 15' 15' 15' BLVD TRAVEL LANE/PARKING ( TRAVEL LANE/PARKING BLVD APPENDIX A: COMPLETE STREETS WORKSHEET A-5 10. What multimodal accommodations exist in the project and on streets that it intersects? Guidance: Multimodal accommodations may include transit routes, sidewalks, trails, and designated on -street bicycle facilities, such as bike lanes, sharrows or signed bike routes. Concrete sidewalk exists along the south side of 72nd Avenue from Humboldt Avenue to Freemont Avenue, on the west side of Freemont Avenue from 72nd Avenue to 72nd Avenue, and on the south side of 72nd Avenue from Freemont Avenue to Bryant Avenue. Concrete sidewalk exists along the south side of 70th Avenue from Humboldt Avenue to Emerson Avenue, on the west side of Emerson Avenue from 70th Avenue to Emerson Lane, and on the north side of Emerson Lane to Dupont Avenue. Concrete sidewalk also exists along the north side of 69th/70th Avenue from Dupont Avenue to TH 252 and on the south side of 69th/70th Avenue from Dupont Avenue to 270 feet west of Camden Avenue. Bituminous trails exist in Evergreen Park and along the north side of 69th/70th Avenue from Dupont Avenue to TH 252. 11. If there are no multimodal accommodations, how far away are the closest parallel facilities? Guidance: Designated transit routes or bikeways may not exist within the community, and therefore, may not be applicable. NA 12. What multimodal amenities exist in the project? Guidance: multimodal amenities may include benches, bike racks/lockers, trash receptacles, crosswalks, traffic signals, mature tree canopy, transit stops/shelters, and wayfinding signage. Evergreen Park amenities: Shelter building, picnic shelter, playground equipment, baseball field, 2 softball fields (lighted),1 soccer/football field (lighted), basketball court, tennis court, hockey rink, skating rink, bituminous trails, trash receptacles and mature trees. 13. Describe any particular user needs/challenges along the project corridor that you have observed or have been informed of. Guidance: User needs may consist of lack of facilities (worn dirt pathways), traffic congestion, difficulty accessing bus stops or sidewalks due to snow piles at intersections, at -grade crossings of railroads or high volume roadways, and steep terrain. Several comments from area residents indicated this lack of adequate drainage facilities within the neighborhood and were mostly related to standing water along the edge of the street and at driveways. An improved crosswalk at the intersection of Camden Avenue and 70th Avenue was also identified in the 2013 Safe Routes to School Planning study for the Evergreen School non -bus area. A-6 COMPLETE STREETS IMPLEMENTATION RESOURCE GUIDE 14. Are the existing facilities ADA and PROWAG compliant2 Guidance: Reference resources include the ADA Accessibility Guidelines (ADAAG), Proyosed Rights-oF-Way Accessibility Guidelines (PROWAG); and MnDOT Accessibility Design Tools website. No: Tha existing sidewalk along 70th Avenue, 72nd Avenue, Emerson Avenue, Em ereon Lane, and Fremont Avanua generally do not have pedestrian curb ramps within the project area, except at Dupont Avenue. The existing bituminous trails in Evergreen Park do not have pedestrian curb ramps. The pedestrian curb ramps will be reviewed for compliance and will be replaced with truncated dome detectable warning systems in compliance with the Americans with Disabilities Act (ADA) at each crosswalk location throughout the project as necessary. Identify Existing Deficiencies 15. Based on the land use and transportation context analysis, describe existing and anticipated future deficiencies to full multimodal tra nsportotion shot the project could/should address. The Safe Routes to School Planning <SRTS) Assistance Memorandum prepared by MnDOT In June 2013 and the Pedestrian $Bicycle Plan adopted in March 2014 identified missing sidewalk/trail con nactions and recommends construction of a sidewalk/trail system along the south side of 70th Avenue from 270 feet west of Camden Avenue to TH 252, the south side of 72nd Avenue from Bryant Avenue to Camden Avenue, and on Camden Avanua from 70th Avenue to 73rd Avenue. An improved crosswalk at the intersection of Camden Avenue and 70th Avenue was also identified in the 2013 Safe Routes to School Planning study for the Evergreen School non -bus area. Describe Future Objectives 16. Develop objectives regarding how multimodal facilities will be integrated into The project and how identified deficiencies will be addressed. Guidance: The objectives will form the basis for the street design. -Ensure that the Heads and safety of pedestrians, bicyclists, motorists, and transit riders of all ages and abilities are taken into account in the design and operation of roads. -Pedestrian curb ramps should be constructed throughout [he project at each crosswalk location with truncated dome detectable warning systems in compliance with the Americans with Disabilities Act (ADA). Recommend Area Typology/Street Typology and Test Cross-sections) 17. Complete the following questions if your community has developed Areo Typologies and Streei Typologies (Sea page 21, "Roadway Classification versus Settings" for a dascri ption of area and street typologies.) Guidance: If applicable, list document that contains your agency's Area Typologies and Street Tyyologies a. What is the recommended Area Typology? - NA b. What is the recommended Street Typology? ILII APPENDIX A: COMPLETE STREETS WORKSHEET A-7 18. Sketch in or attach the initial cross-sections) that depicts desired street elements. Guidance: Initial cross-section should be clearly dimensioned and indicate any additional right-of-way required. Additional cross-sections are advisable for specific situations or if corridor segments greatly vary. W. 60' R.O.W. 6' 6' 15' 15' 6 6' 1' TRAIL BLVD TRAVEL LANE/PARKING TRAVEL LANE/PARKING BLVD WALK 1 T�l 19. Describe any constraints associated with the initial cross-section. Guidance: Potential constraints include lack of right-of-way, existing structures, existing mature trees or environ- mental features, topography or number of driveways. Potential constraints would be the number of existing mature trees and landscaping in the right-of-way, number of driveways, increase in impervious surface area and limited right -of way space. 20. Sketch in or attach alternative cross-sections. Guidance: Alternative cross-sections should be modifications of the initial cross-section that respond to identi- fied constraints. All modes should receive equal consideration and accountability in the development of alternatives. ALTERNATIVE TYPICAL SECTION .W. 60' 15' 15' 15' BLVD TRAVEL LANE/PARKING I TRAVEL LANE/PARKING A-8 COMPLETE STREETS IMPLEMENTATION RESOURCE GUIDE R.O.W. 6 6' BLVD WALK 1' Describe Tradeoffs and Select Cross-section 27. Describe tradeoffs associated with the alternative cross-sections. Guidance: Examples of tradeoffs include removal of mature vegetation, narrower travel lanes, removal of on -street parking (one or both sides), right-oF-way acquisition costs, and provision of bikeway facility on an adjacent parallel street. While alternative cross-section would not provide a trail it would reduce the impervious surtace area. Potential constraints would ba the number of existing mature trees and landscaping in the right -of --way, number of driveways, and limited right -of way space. - 22. Sketch in or attach The selected cross-section(sJ. Guidance: Selected cross-section should be clearly dirnensioned and indicate arty additional right-oF-way required. Additional cross-sections are advisable for specific situations or if corridor segments greatly vary. A naw 6' sidewalk located along the south side of 70th Avenue From 270 feat west of Camden Avanua to TH 252 is proposed. A new 6' sidewalk located along the east side of Camden Avenue from 72nd Avanua to 73rd Avanua is proposed. A naw 8' bituminous trail located along the south slda of 72nd Avenues From Bryant Avenue to Camden Aven ua and along the west side of Camden Avanua from 70th Avenue to 72nd Aven ua Is proposed. t 00 percent of the sidewalk along 70th Avenue west of Dupont Avenue, 72nd Avenue, Emerson Avenue and Emerson Lane are estimated to ba replaced due to heaving/settling issues and impacts due to utility construction. '100 percent of the bituminous path along the north side of 69th/70th Avenue From Dupont Avenue to TH 252 is estimated to be replaced due to heaving/settling/cracking issues and impacts due to utility construction. Basad on a survey of the neighborhood, a majority of ttre property owners do not feel the neighborhood needs additional sidewalks or trails. All other streets era proposed to ba constructed without trails or sidewalks. 23. If the project does not accommodate all modes, list reasons why facilities for that mode are not provided. Guidance: Foe example, the cost of the Facility wlll be disproportionately high in relation to munber of projected users; adequate right-of-way does not exist and acquisition of additional right-of-way would create adverse impacts to valued community assets; a bikeway facility is being planned on an adjacent parallel route that can service bicyclists'needs. Providing atrail/sidewalk facilities on all streets would require mature tree removal and increase the impervious surtace area. All of the streets in the project area are Iocai streets with low traffic volumes. Trail/sidewalk facilities on all streets would be out of character for this Haig hborhood. APPENDIX A: COMPLETE STREETS WORKSHEET A-9 24. Identify project milestones, roles and responsibilities for project implementation City Council Conduct Public Hearing / Order Plans: November 28, 2016 City Council Approve Plans/Authorizes Advertisement for Bids: January 2017 City Council Accept Bids/Award Project: February/March 2017 Begin Construction: April/May 2017 Substantial Completion: October 2017 25. How will access for all modes be maintained during project construction? Guidance: Reference resource includes MnDOT Context Sensitive Solutions (CSS) Webinar, Maintaining Pedestrian Access Through Construction & Maintenance Work Zones A drivable street will be maintained at most times during the construction. The exception would be during the installation/repair of the City utilities and reconstruction of the existing roadway, when access may be cut off for a limited period of time. Even during those activities, though, access will be restored by the end of each day. Access to the sidewalk system will be available for the majority of the construction project. However, the main interruption to access of the sidewalks will be during the replacement of deficient sections of sidewalk. For this work, access will not be available for approximately 7-10 days while the concrete cures. 26. Facility Maintenance a. What agency will be responsible for on-going maintenance for each mode? City of Brooklyn Center - Public Works Department will be responsible for on-going maintenance for the streets, sidewalks and trails. b. What specific seasonal and long-term maintenance is needed for each mode? Maintenance activities typically include patching, sealcoating, crack sealing, sweeping, minor sidewalk repair, and the cost of operating and maintaining the park light system. A-10 COMPLETE STREETS IMPLEMENTATION RESOURCE GUIDE Resident Questionnaire Resident Comments Feasibility Report Evergreen ParkArea Street, Utility & Trail Improvements QUESTIONNAIRE 2017 Evergreen �axr➢s Area Reconstruction Project This questionnaire will help the City of Brooklyn Center Engineering staff to better understand the infrastructure needs and issues in your neighborhood. Tfiis survey can be returned in person or by mail to: City of Brooklyn Center/Engineering Division, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430; by fax at 763-569-3440; or by email at publicworks�ci.brooklvn-center.mn-us- Please return ll�is survey by August 24, 2016. You may also contact us at 763-569-3340 to discuss these issues - Please be advised we will contact you in the near futm'e via mail regarding a meeting which will be held this fall. At the meeting we will gather additions] information and solicit your input. Thank yon for your cooperation in providing this important survey! 1. Contact Information: Name: Address: Emai] Address: Phone Number: 2. Our televised sewer inspections typically identify sanitary sewer services with moderate to severe root infilh'ation. Have you experienced any problems with sanitary sewer service, such as the line plugging or having the service cleaned out io the street? If yes, how oRenT 3. Typically, imprrovements to the storm drainage system are needed. Do you have a problem with drainage or flooding in the sheet, your yard or basement? 4. Do you experience problems relating to the water dishibution system such as water pressure, taste, odm� or color? (OVER) 5. Do you have a lawn irrigation (or sprinkler) system located within your property? Please circle one: Yes No Do you have a sump pump in your basement? Please circle one: A. Yes, my sump pump runs frequently (at least once every day) B. Yes, my sump pump runs less frequently C. No, I do not have a sump pump or do not use my sump pump 7. A rain garden is simply a "sunken" flowerbed, designed to retain and infiltrate as much storm water as possible. The benefit to the environment is the reduction in the amount of stonn water entering our ponds, lakes and streams. If it is feasible to do so, do you wish to have a rain garden placed in the boulevard on your property? (If interested, further rain garden information will be provided this winter.) Please circle one: Yes No Maybe The City's policy pertaining to sidewalk improvements is that sidewalks are not typically installed on local "residential" streets unless the City Council orders the construction of sidewalks when such construction is warranted. Do you feel your neighborhood needs additional sidewalks? Please circle one: Yes No If yes, where? 9. The City's policy pertaining to the spacing of existing street lights is to provide for lighting at intersections and at mid -block locations where spacing exceeds 700 feet. Do you feel your neighborhood needs additional street lighting? Please circle one: Yes No If yes, where? 10. What other concerns, comments and/or issues do you have pertaining to the streets, sidewalks, utilities, etc., in your neighborhood? Should you have questions or need more information, please contact the Engineering Division at 763-569-3340. Please return by August 24, 2016 to: Engineering Division City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 FAX 763-569-3440 Email: publieworks@ci.brooklyn-center.mn.us m W o a � ami m U m m ami E°�m°o° r c � m m •V - f0 0 mm L OI m O m m .V N Y r O :7 O m YO C a r 0- >, - E m 01 � •mac-. N aai d m t E'° E N ami 'Vl C N a C p 0 •N U > Y m r c� ¢ N 3 N :i N a Ma 3 L E N h L C m 0 ... 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J., I -__-- ---- Y '---- a ,. -- -' --n,.- .. � -_ � Ir. -J%_1 'r `I °�•-. �R`�!'' � d°tc- - -,.y - ---------------- 7. �-t•M -f- -- --'- i -- - - - - I- _ ' . _. _', .-•`-- ' '_'1_: �e-' L . .1#` 3 — -II -�- `.6i.. e} 1'-! �_ , �� _ =.i'j!`1 n'Ywt'ir.:`. ` 2';�• '(((---����_III' -` �S1I' '''" ;1 `�; ,i Ii I i ;,.; - PROPOSED STREET CONSTRUCTION B- yEN:PROPOSED CONCRETE DRIVEWAY (i _- �j�� .1.'1 � rf�—f ] �•, 1•- - � .. 'l I Y� _ �,� _- � — _ �• � t_J II' � • .L:' � a � . . 1 1 f' � ! ; 'r rcy,y SBI ..t 1'"�1 f- ••' ..•`` I' -.,�' - ,I_. ..b... "�• -_ '1 FI t , i Jr, tf f'�: =C[_(I �t� f 7ff fue ; PROPOSED BITUMINOUS DRIVEWAY �" s'' F:i _'a' 1' �.:= aw,,..r ; 'f,v ,`'� i _ ''t l _ `nom - c • I•��-1, ":> �1 1 i i, i i I - =73 : X21 -�F c; 1 n, '-_ f• ,• _i _ �..� , � I �' - �s/ ;� r:. s t tt;`�Fsft�€fFfilo- 11 I f 1• 1 dtfFraf #ff fi ifti k 1 1 , ; , - `—.��C�_____ POTENTIAL NEW SIDEWALK -1 I I� �, .1_.Je arJ; I'is l �r _ • 1 r I IT '_ - r I �� POTENIAL NEW TRAIL l ;fie e ' ?! f �iI` 1 a5 It �, c,. ft C € REMOVE AND REPLACE SIDEWALK a- ,•k I ..I; Ic� a-.- +�,: , : _-}in . t ,'� - �I..- r i' — R' ,,,:v _. :.- ,� i '.. - �—S:I� -.: y}X'�.. (-ei'.� i 4� IIp - .'c,�� 11 j'l4: ��}: I•.� ,. _../ - I`d �E `� `. t _ ; I j' „i -•�fa. l� - -:i 61 �� ' e.�I ,z ';►..}I I t REMOVE AND REPLACE TRAIL r I 1 f f•11. l �l i tI - - PROPOSED CONCRETE CUR } i.. B & GUTTER ,l I f-• �I j; f't--I'. -v'#F ;� lL''S_t} '� { 'f le - ,:.1 -i 1 I , C �~. t✓1 i T - '.I F 'I EXISTING STORM SEWER --- PIPE AND STORM STRUCTURES TO 72N B�..i REMAIN IN PLACE PROPOSED STORM SEWER PIPE AND STORM STRUCTURES Tx I ir �b�' 1 II •'i1rF - --.` t e tS, •, I „w 1 I, d S.a1� I -:i i>-'�:,,; "f m I I I I I fA 1 ;, IQN EVERGREEN PARK --A`-- I I�Z"F- t{ 1 1 '—I •-'S t _ F J�' V� `. �. -c _ -, Vv'_- p} � I �xJ,s. 1 t+,� { � ��k� 1.�.. ::k � j�i7' *4" �' ��:.-.:.�+i W�, _ � � y1 { ,• � 'F I= '� r _ , i V i i i I ;,, =I ' fillZA�i t. C'iII eOp�q;% i I ; ..., `•�.i I �` I f s -; k' W' k7 Ski F' Y L p� W '� r 1 "� r� kI -:• t �,,. � 11ft , L j r.ZI- J L1 �` 4`i .� •, �e-'..f1,� 'd I� aS�/ j "' �n a .I :0,4�- e EVERGREEN PARK WORLQ CULTURES COMMUNITY SCHOOL✓, 11>�, I --- }- --- -- - r l i t I, 17EHH-ffVE'N`�% " I - 150 0 150 300 AH , I > ;.. :yb .� u 4 _ 'i._, �-'� ... � t , E'✓ 1 ! j L �'' {+ . ! - e \ ,' I� �. '. i i r (1? ; .RSON - - I1! i1 Ca ``i .�' - - - III1 i i i '; 1; SCALE FEET _-__ i _" , tii� Clf fff`j . �.,.g �l ' •} _ - STREET AND STORM SEWER fd FZEF '4 N - _ r • ' ,� �f CITY 0� _ Idennntir� lr�lrr / I n /q o /� r\ C --------------- _ _ _ i \ _ e {iii AVF -7 li"roa ; i41 '.E �t:.,,� I :..7.,. t 't•,k _ - , u-tv. 1'3'r: of li I, l 1 II 'i II i 1 I i i ! - B . KLYN PAR i_ _ !_ j_ 73RD AVE N _ -. -'-- - - -- - ' i A LEGEND PROPOSED SANITARY SEWER PIPE AND SANITARY STRUCTURES —'-- EXISTING SANITARY SEWER PIPE AND SANITARY STRUCTURES TO REMAIN IN PLACE —�---- PROPOSED WATER MAIN AND FITTINGS a TO BE REPLACED EXISTING WATER MAIN AND FITTINGS + a TO REMAIN IN PLACE -- PROPOSED CONCRETE CURB AND GUTTER =--Z-- 150 --150 0 150 300 SCALE FEET DRAFT Proposed Pending Assessment Roll Feasibility Report Evergreen Park Area Street, Utility & Trail Improvements CITY OF BROOKLYN CENTER PROPOSED PENDING ASSESSMENT ROLL October 24, 2016 2017 EVERGREEN PARK AREA RECONSTRUCTION IMPROVEMENT PROJECT NOS. 2017-01 AND 02 pilot PROPERTY ID HOUSE STREET NAME LEVY# ISTREET LEVY # STORM NOTES 2511921340020 800 69TH AVE N 19590 $ 12,702.00 19591 $ 3,810.00 Subdividable R1 = 3 equivalent parcels 2511921330086 1200 69TH AVE N 19590 $ 25,404.00 19591 $ 7,620.00 Special Use R1 = 6 equivalent parcels 2511921330045 1302 69TH AVE N 19590 $ 24,387.50 19591 $ 10,459.76 Multi Family R5 (A) 46,487.80 sf, (B) 38,835.19 sf 2511921430049 407 70TH AVE N 19590 $ 58,735.22 19591 $ - Multi Family R4 (A) 167,384.49 sf, (B) 79,556.08 sf 2511921340010 857 70TH AVE N 19590 $ 2,064.46 19591 $ - Multi Family R3, Unit Rate 2511921340009 861 170TH AVE N 19590 $ 2,064.46 19591 $ - Multi Family R31 Unit Rate 2511921340012 865 70TH AVE N 19590 $ 2,064.46 19591 $ - Multi Family R3, Unit Rate 2511921340011 869 70TH AVE N 19590 $ 2,064.46 19591 $ - Multi Family R3, Unit Rate 2511921340013 873 70TH AVE N 19590 $ 2,064.46 19591 $ - Multi Family R3, Unit Rate 2511921340014 877 70TH AVE N 19590 $ 2,064.46 19591 $ - Multi Family R3, Unit Rate 2511921340015 881 70TH AVE N 19590 $ 2,064.46 19591 $ - Multi Family R3, Unit Rate 2511921340016 885 70TH AVE N 19590 $ 2,064.46 19591 $ - Multi Family R3, Unit Rate 2511921310078 730 72ND AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921310077 736 172ND AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921310093 800 72ND AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921310092 806 72ND AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921310042 820 72ND AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921310037 900 72ND AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921310036 906 72ND AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921310066 1005 72ND AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921310053 1006 172ND AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921310065 1009 72ND AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921310054 1012 72ND AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921310064 1013 72ND AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320105 1106 72ND AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320092 1107 72ND AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320081 1200 72ND AVE N 19590 $ 4,234.00 19591 $ 1,270,00 2511921320082 1206 172ND AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320089 1207 72ND AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320083 1212 72ND AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320021 1300 72ND AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320043 1301 72ND AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320022 1306 72ND AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320042 1307 72ND AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320023 1312 172ND AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320033 1400 72ND AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320036 1401 72ND AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320034 1406 72ND AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320035 1407 72ND AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320060 1411 72ND AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921310041 7206 ALDRICH CT 19590 $ 4,234.00 19591 $ 1,270.00 2511921310040 7212 ALDRICH CT 19590 $ 4,234.00 19591 $ 1,270.00 2511921310039 7218 JALDRICH CT 19590 $ 4,234.00 19591 $ 1,270.00 2511921310038 7224 ALDRICH CT 19590 $ 4,234.00 19591 $ 1,270.00 2511921310069 7101 BRYANT AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921310068 7107 BRYANTAVE N 19590 $ 4,234.00 119591 $ 1,270.00 2511921310067 7113 BRYANTAVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921310035 7200 BRYANT AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921310052 7201 BRYANTAVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921310051 7207 BRYANT AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921310034 7208 BRYANT AVE N 19590 .$ 4,234.00 19591 $ 1,270.00 2511921310050 7213 BRYANT AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921310033 7216 BRYANTAVE N 19590 $ 4,234.00 119591$ 1,270.00 2511921310049 7219 BRYANTAVE N 119590 $ 4,234.00 119591 $ 1,270.00 2511921310032 7224 BRYANTAVE N 119590 1 $ 4,234.00 119591 1 $ 1,270.00 CITY OF BROOKLYN CENTER PROPOSED PENDING ASSESSMENT ROLL October 24, 2016 2017 EVERGREEN PARK AREA RECONSTRUCTION IMPROVEMENT PROJECT NOS. 2017-01 AND 02 01 st. PROPERTY ID HOUSE STREET NAME LEVY# STREET LEVY # STORM NOTES 2511921310048 7225 BRYANTAVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921310031 7230 BRYANT AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921310047 7231 BRYANT AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921310030 7236 BRYANTAVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921310046 7237 BRYANT AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921310029 7242 BRYANT AVE N 19590 1 $ 4,234.00 19591 $ 1,270.00 2511921310045 7243 BRYANT AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921420059 7200 CAMDEN AVE N 19590 $53,802.9000 19591 $23,075.9700 Multi Family R4 (A) 102,559.86 sf, (B) 153,364.12 sf 2511921310084 7211 CAMDEN AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921310083 7217 ICAMDEN AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921310082 7223 CAMDEN AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921310081 7229 CAMDEN AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921310080 7235 CAMDEN AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921420009 7236 CAMDEN AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921420008 7242 CAMDEN AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921420007 7250 CAMDEN AVE N 19590 $ 4,234.00 19591 $ 1,270.00 3611921210013 6843 1 COLFAX AVE N 19590 $ 4,234.00 19591 $ 1,270.00 Corner Property 3611921210020 6844 COLFAX AVE N 19590 $ 4,234.00 19591 $ 1,270.00 Corner Property 3611921210067 6842 DUPONT AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921330016 6920 EMERSON AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921330017 6926 EMERSON AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921330018 7000 EMERSON AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921330033 7001 EMERSON AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921330019 7006 EMERSON AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921330032 7007 EMERSON AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921330020 7012 EMERSON AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921330031 7013 EMERSON AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921330021 7018 EMERSON AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921330030 7019 EMERSON AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921330022 7024 EMERSON AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921330029 7025 EMERSON AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921330023 7030 EMERSON AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921330028 7031 EMERSON AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921330024 7036 EMERSON AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921330027 7037 EMERSON AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921330025 7042 EMERSON AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921330026 7043 EMERSON AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320093 7048 EMERSON AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320088 7049 EMERSON AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320106 7200 EMERSON AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320107 7206 EMERSON AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320080 7207 EMERSON AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320108 7212 EMERSON AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320079 7213 EMERSON AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320109 7218 1 EMERSON AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320078 7219 EMERSON AVE N 19590 1 $ 4,234.00 19591 $ 1,270.00 2511921320110 7224 EMERSON AVE N 19590 $ 4,234.00 19591 1 $ 1,270.00 2511921320077 7225 EMERSON AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320111 7230 EMERSON AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320076 7231 EMERSON AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320112 7236 EMERSON AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320075 7237 1 EMERSON AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320113 7242 EMERSON AVE N 19590 1 $ 4,234.00 19591 $ 1,270.00 2511921320074 7243 EMERSON AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320094 7248 EMERSON AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320073 7249 EMERSON AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921330014 1106 EMERSON LA 19590 $ 4,234.00 19591 $ 1,270.00 CITY OF BROOKLYN CENTER PROPOSED PENDING ASSESSMENT ROLL October 24, 2016 2017 EVERGREEN PARK AREA RECONSTRUCTION IMPROVEMENT PROJECT NOS. 2017-01 AND 02 mis PROPERTY ID HOUSE STREET NAME LEVY# STREET LEVY # STORM NOTES 2511921330085 1107 EMERSON LA 19590 $ 8,468.00 19591 $ Special Use R1 = 2 equivalent 2,540.00 parcels 2511921330015 1112 EMERSON LA 19590 $ 4,234.00 19591 $ 1,270.00 2511921330034 7000 FREMONT AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921330065 7001 FREMONT AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921330035 7006 FREMONT AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921330064 7007 FREMONT AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921330036 7012 FREMONT AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921330063 7013 FREMONT AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921330037 7018 FREMONT AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921330062 7019 FREMONT AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921330038 7024 FREMONT AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921330061 7025 FREMONT AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921330039 7030 FREMONT AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921330060 7031 1 FREMONT AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921330040 7036 FREMONT AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921330059 7037 FREMONT AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921330041 7042 FREMONT AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921330058 7043 FREMONT AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320090 7048 FREMONT AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320047 7101 FREMONT AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320046 7107 FREMONT AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320045 7113 FREMONT AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320084 7118 FREMONT AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320044 7119 FREMONT AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320085 7124 FREMONT AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320086 7130 FREMONT AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320087 7136 FREMONT AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320008 7200 FREMONT AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320020 7203 FREMONT AVE N 19590 $ 4,234.00 19591 1 $ 1,270.00 2511921320015 7205 FREMONT AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320016 7207 FREMONT AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320009 7208 FREMONT AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320014 7215 FREMONT AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320004 7216 FREMONT AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320013 7223 FREMONT AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320005 7224 FREMONT AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320012 7229 FREMONT AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320006 7232 FREMONT AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320125 7235 FREMONT AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320124 7240 FREMONT AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921330066 7000 GIRARD AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921330057 7001 GIRARD AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921330067 7006 IGIRARD AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921330056 7007 GIRARD AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921330068 7012 GIRARD AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921330055 7013 GIRARD AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921330069 7018 GIRARD AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921330054 7019 GIRARD AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921330070 7024 GIRARD AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921330053 7025 GIRARD AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921330071 7030 IGIRARD AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921330052 7031 GIRARD AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921330072 7036 GIRARD AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921330051 7037 GIRARD AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921330073 7042 GIRARD AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921330050 7043 GIRARD AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320048 7100 GIRARD AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320040 17101 IGIRARD AVE N 119590 1 $ 4,234.00 19591 $ 1,270.00 CITY OF BROOKLYN CENTER PROPOSED PENDING ASSESSMENT ROLL October 24, 2016 2017 EVERGREEN PARK AREA RECONSTRUCTION IMPROVEMENT PROJECT NOS. 2017-01 AND 02 01 M,* PROPERTY ID HOUSE STREET NAME LEVY# STREET LEVY # STORM NOTES 2511921320049 7106 GIRARD AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320039 7107 GIRARD AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320050 7112 GIRARD AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320038 7113 GIRARD AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320051 7118 GIRARD AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320037 7119 GIRARD AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320041 7124 IGIRARD AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320024 7202 GIRARD AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320032 7203 GIRARD AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320121 7206 GIRARD AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320031 7207 GIRARD AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320120 7210 GIRARD AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320030 7211 GIRARD AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320119 7214 GIRARD AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320029 7215 GIRARD AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320118 7218 GIRARD AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320028 7219 GIRARD AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320117 7224 GIRARD AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320027 7225 GIRARD AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320116 7230 GIRARD AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320026 7231 GIRARD AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320115 7236 GIRARD AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320025 7237 GIRARD AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921330046 6920 HUMBOLDT AVE N 19590 $19,595.7000 19591 Multi Family R5 $8,404.5600 (A) 37,353.60 sf, (B) 2,659.65 sf 2511921330081 7000 HUMBOLDT AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320059 7200 HUMBOLDT AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921310073 730 WOODBINE LA 19590 $ 4,234.00 19591 $ 1,270.00 2511921310075 731 WOODBINE LA 19590 $ 4,234.00 19591 $ 1,270.00 2511921310072 736 WOODBINE LA 19590 $ 4,234.00 19591 $ 1,270.00 2511921310076 737 WOODBINE LA 19590 $ 4,234.00 19591 $ 1,270.00 2511921310089 800 WOODBINE LA 19590 $ 4,234.00 19591 $ 1,270.00 2511921310090 801 WOODBINE LA 19590 $ 4,234.00 19591 $ 1,270.00 2511921310088 806 WOODBINE LA 19590 $ 4,234.00 19591 $ 1,270.00 2511921310091 807 WOODBINE LA 19590 $ 4,234.00 19591 $ 1,270.00 2511921310012 818 WOODBINE LA 19590 $ 4,234.00 19591 $ 1,270.00 2511921310024 819 WOODBINE LA 19590 $ 4,234.00 19591 $ 1,270.00 2511921310011 824 WOODBINE LA 19590 $ 4,234.00 19591 $ 1,270.00 2511921310025 825 WOODBINE LA 19590 $ 4,234.00 19591 $ 1,270.00 2511921310023 900 WOODBINE LA 19590 $ 4,234.00 19591 $ 1,270.00 2511921310026 901 WOODBINE LA 19590 $ 4,234.00 19591 $ 1,270.00 2511921310022 906 IWOODBINE LA 19590 $ 4,234.00 19591 $ 1,270.00 2511921310027 907 WOODBINE LA 19590 $ 4,234.00 19591 $ 1,270.00 2511921310021 912 WOODBINE LA 19590 $ 4,234.00 19591 $ 1,270.00 2511921310028 913 WOODBINE LA 19590 $ 4,234.00 19591 $ 1,270.00 2511921310020 918 WOODBINE LA 19590 $ 4,234.00 19591 $ 1,270.00 2511921310019 1000 WOODBINE LA 19590 $ 4,234.00 19591 $ 1,270.00 2511921310018 1006 WOODBINE LA 19590 $ 4,234.00 19591 $ 1,270.00 2511921310017 1012 WOODBINE LA 19590 $ 4,234.00 19591 $ 1,270.00 2511921310044 1013 WOODBINE LA 19590 $ 4,234.00 19591 $ 1,270.00 2511921310043 1019 WOODBINE LA 19590 $ 4,234.00 19591 $ 1,270.00 2511921320068 1106 WOODBINE LA 19590 $ 4,234.00 19591 $ 1,270.00 2511921320095 1107 WOODBINE LA 19590 $ 4,234.00 19591 $ 1,270.00 2511921320069 1112 WOODBINE LA 19590 $ 4,234.00 19591 $ 1,270.00 2511921320070 1200 WOODBINE LA 19590 $ 4,234.00 119591 $ 1,270.00 2511921320071 11207 IWOODBINE LA 19590 1 $ 4,234.00 119591 $ 1,270.00 2511921320072 11213 IWOODBINE LA 119590 1 $ 4,234.00 119591 1 $ 1,270.00 Total Assessments ($ 1,112,985.00 ( 1 $ 323,880.29 City Council Agenda Item No. 6i DATE: October 18, 2016 TO: Curt Boganey, City Manager THROUGH: Steve Lillehaug, Director of Public Works/City Engineer 0 - FROM: Mike Albers, Project Manager SUBJECT: Resolution Declaring Costs to be Assessed and Calling for a Public Hearing on Proposed Special Assessments for Improvement Project Nos. 2017-01 and 02, Evergreen Park Area Street and Storm Drainage Improvements Recommendation: It is recommended that the City Council consider approval of the resolution declaring costs to be assessed and calling for a public hearing on proposed special assessments for Improvement Project Nos. 2017-01 and 02, Evergreen Park Area Street and Storm Drainage Improvements. Background: The attached resolution declares certain project costs to be assessed for the Evergreen Park Area Improvement Project and calls for a public hearing on the proposed special assessments on November 28, 2016, immediately following the improvement hearing. Staff recommends that the City Council consider holding the special assessment hearing immediately following the project improvement hearing. The purpose of holding the special assessment hearing prior to beginning the project is to assure that any objections to or appeals of the assessments are known prior to entering into a construction contract or issuing bonds to finance the assessed portion of the project. The established assessment rate would set the maximum levy amounts, guaranteeing property owners of the final cost they will pay for the project. Special assessments for this project have been calculated in accordance with the City's Special Assessment Policy. Budget Issues: The project cost is estimated to be $11,927,000. The total special assessments for this project are estimated to be $1,112,985.00 for street improvements and $323,880.29 for storm drainage improvements. The Draft Special Assessment Levy Roll for Improvement Project Nos. 2017-01 and 02 is included in Appendix D of the project's feasibility report. Strategic Priorities: • Key Infrastructure Investments Mission: Ensuring an attractive, clean, safe, inchrsive community that enhances the gaality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING COSTS TO BE ASSESSED AND CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2017-01 AND 02, EVERGREEN PARK AREA STREET AND STORM DRAINAGE IMPROVEMENTS WHEREAS, the Brooklyn Center City Council has accepted the Engineer's Feasibility Report for Improvement Project Nos. 2017-01 and 02, Evergreen Park Area Sheet and Storm Drainage Improvements; and WHEREAS, the total cost of the street and storin drainage improvement portion of said project is estimated to be $6,730,000; and WHEREAS, the City Clerk and City Engineer have prepared a proposed assessment roll showing the proposed amount to be specifically assessed for such improvement against every assessable lot, piece, or parcel of land within the district affected, without regard to cash valuation, as provided by law. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. That portion of the cost to be assessed against benefited property owners for street improvements included in City Improvement Project No. 2017- 01 is declared to be $1,112,985.00. That portion of the cost to be assessed against benefited property owners for storm drainage improvements included in City Improvement Project No. 2017-02 is declared to be $323,880.29. 2. A hearing shall be held on the 28th day of November, 2016, in the City Hall Council Chambers at 7:00 p.m. or as soon thereafter as the matter may be heard to pass upon such assessment and at such time and place all persons owning property affected by such improvements will be given an opportunity to be heard with reference to such assessment. 3. The City Clerk is directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and shall state in the notice the total cost of the improvement. 4. The City Clerk shall cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. RESOLUTION NO. ATTEST: October 24 2016 Date Mayor 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. 6j DATE: October 18, 2016 TO: Curt Boganey, City Manager THROUGH: Steve Lillehaug, Director of Public Works/City Engineer FROM: Andrew Hogg, Assistant City Engineer SUBJECT: Resolution Vacating Drainage and Utility Easements Within Lot 2, Block 1, BROOKLYN FARM 2ND ADDITION Recommendation: It is recommended that the City Council consider approval of the resolution vacating certain easements as referenced above that are associated with the Fairfield Inn site redevelopment in connection with the lot split of BROOKLYN FARM 2ND ADDITION (6250 Earle Brown Drive), Background: In connection with the lot split, the developer is requesting release and termination of easements that are either no longer needed or are being replaced by new easements. The following easements are proposed to be released and terminated as indicated: That part of the Drainage and Utility Easements, over, under and across Lot 2, Block 1, dedicated in the plat of BROOKLYN FARM 2ND ADDITION, Hennepin County, Minnesota, lying east of the west 10.00 feet thereof, described as follows: Commencing at the southwest corner of said Lot 2; thence on an assumed bearing North 06 degrees 52 minutes 33 seconds East, along the west line of said Lot 2, a distance of 23.97 feet to the point of beginning of the land to be described; thence South 87 degrees 51 minutes 06 seconds East 308.57 feet; thence South 45 degrees 00 minutes 00 seconds West 9.70 feet to the north line of the south 20.00 feet of said Lot 2; thence North 87 degrees 14 minutes 38 seconds West, along said north line, 302.31 feet to said west line; thence North 06 degrees 52 minutes 33 seconds East, along said west line, 3.92 feet to the point of beginning of Lot 2, Block 1, BROOKLYN FARM 2ND ADDITION as originally dedicated in said plat As part of the public hearing and notification process, affected entities with interests in said existing easements have been notified in accordance with City Ordinance and State Statute. It is staff's opinion that the portions of the easements proposed to be vacated are no longer needed and should not negatively affect rights to public easements. We are unaware of any entity objecting to the proposed vacation. The attached exhibit outlines the release and termination of easements and show the locations of said existing easements. The City Attorney has reviewed the release and termination documents and concurs to the purpose and form of the documents. n Mission: Ensuraha; etre attractive, clean, safe, inclusive Community that enhances the quality of life for all people mad preserves the public frust Budget Issues: There are no budget issues to consider. Strategic Priorities: ® Targeted Redevelopment f,inclusive 11issioa: Ensarina an attractive, clean, sir c, nclusive com uaaify that enhances the quality of life for all people mad preserves the public tryst its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION VACATING DRAINAGE AND UTILITY EASEMENTS WITHIN LOT 2, BLOCK 1, BROOKLYN FARM 2ND ADDITION WHEREAS, certain existing easements are no longer heeded on Lot 2, Block 1 BROOKLYN FARM 2ND ADDITION; and WHEREAS, the easements proposed to be vacated are identified as follows and are hereafter referred to as "the Easements": That part of the Drainage and Utility Easements, over, under and across Lot 2, Block 1, dedicated in the plat of BROOKLYN FARM 2ND ADDITION, Hennepin County, Minnesota, lying east of the west 10.00 feet thereof, described as follows: Commencing at the southwest corner of said Lot 2; thence on an assumed bearing North 06 degrees 52 minutes 33 seconds East, along the west line of said Lot 2, a distance of 23.97 feet to the point of beginning of the land to be described; thence South 87 degrees 51 minutes 06 seconds East 308.57 feet; thence South 45 degrees 00 minutes 00 seconds West 9.70 feet to the north line of the south 20.00 feet of said Lot 2; thence North 87 degrees 14 minutes 38 seconds West, along said north line, 302.31 feet to said west line; thence North 06 degrees 52 minutes 33 seconds East, along said west line, 3.92 feet to the point of beginning of Lot 2, Block 1, BROOKLYN FARM 2ND ADDITION as originally dedicated in said plat WHEREAS, after due notice and public hearing, the City Council has determined that the Easements will be no longer needed and it is in the public interest to vacate the Easements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The City Council hereby approves the vacation ofthe Easements described above and depicted in the attached Exhibit A. 2. The City Clerk is directed to prepare a Notice of Completion of Vacation Proceedings and to record it with the Hennepin County Recorder or Hennepin County Registrar of Titles, as appropriate. October 24, 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. Q a 3 6 4 D EXH/B/T vacation Daaadpxipn September 16, 2016 That part of the Drainages and Utility Easements, over, under and e across Lot 2, Block 1, dedi<at¢d In the plat of BROOKLYN FARM wND ADDITION, Hennepin County, Minnesota, lying east of the est 1 O.OD feet thereof, described as follows: O 100 Commencing at the southwest c ner of said Lot 2; thence on Eastsmad bearing North- 06 degrees 52 minut¢s 33 seconds along the west line of said Lot 2, a distance of 23.97 feet SCALE IN FEET to the point of beginning of the land to ba described; thence South 87 degrees 51 minutes 06 s onds East 308.57 feet; thence South 45 degrees 00 minuxes 00 s onds West 9.70 _ feat to the north line of the south 20.00 f¢et of said Lot 2; thence North 87 degrees 14 minutes 38 seconds West, along said north line, 302.31 feat to said west line; thence North 06 dagra 52 minutes 33 s conds East, along said wast line, 3.92 feet to the point of beginning. / / I � I I r � - _ ,• I � I �� _ ' ` S8T/4 38 E 509.09 I O,r�' � _ I � /6123 _ t6 � o� h _ s. � _ � � I _--_ $V _ 7 of , t .L--_� � _ v° a .�ne.,e to as u orae _ v ��� � 4.�' ee I _ O a t sat•aros^e aoas> �4 � 8 _ ', 1 f II —a nne nl uw N87%4:38 "W 522.06 I I s zo.00 rt. r _ 1 mr z - - 1 � � ortoizr .�..., ,,...... ... .... 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Background: The City provides a cafeteria benefit plan which allows employees to purchase not only their medical insurance but other insurances provided by the City including dental, supplemental and dependent life, and long and short term disability. The City participates in the LOGIS health care consortium. The consortium allows member cities to pool together their purchasing power for health and life insurance. Beginning in 2017 our health insurance provider will be Health Partners. LOGIS went out for bid for coverage beginning 2017. They received several bids and Health Partners was selected. Along with this selection the group will receive approximately 5% reduction in premiums for 2017. For 2017 the single health insurance premiums range from $522 to $621. Family premiums range from $1,355 to $1,612. Employees who participate in high deductible health plans tend to be better health care consumers as they are responsible for out of pocket expenses (preventative visits are always covered at 100 %.) We are continuing efforts to encourage better consumerism hoping the results will continue to affect and lower our claims experience, which in turn will affect our rates. Due to the premium rate reductions we are proposing that the cafeteria dollars ($852) and the high deductible incentive dollars ($272) remain the same for 2017. It is recommended that the City Council consider adoption of the attached resolution setting the 2017 employer benefits contribution for full-time non-union employees. The total recommended employer benefits contribution for 2017 is $852 per month. Those electing a high deductible health plan will receive a $272 per month incentive. Budget Issues: Sufficient funds are available in the general fund of the proposed 2017 budget. Mission: Ensm•in; an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust adoption: Member introduced the following resolution and moved its RESOLUTION NO RESOLUTION SETTING 2017 EMPLOYER BENEFITS CONTRIBUTION FOR FULL-TIME NON-UNION EMPLOYEES WHEREAS, the City Council annually reviews the benefit contribution that is used to provide insurance benefit assistance to City employees; and WHEREAS, the City has reviewed its contribution to assist in the payment of health insurance premiums and determined that the City's contribution for 2017 should remain at the current amount; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City's contribution for regular, full-time non-union City employees for the calendar year 2017 shall be set at $852.00 per month including the cost of $10,000 in life insurance coverage. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that an incentive of $272 per month shall be provided to all regular, full-time non-union City employees electing to participate in a high deductible health plan. Date ATTEST: City Clerk Mayor 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. 61 DATE: TO: October 24, 2016 Curt Boganey, City Manag6 FROM: Reggie Edwards, Interim Assistant to the City Manager s SUBJECT: City of Brooklyn Center Socioeconomic Opportunity —Resolution of Commitment and Regional Leadership Recommendation: It is recommended that the City Council consider holding a discussion on the RESOLUTION COMMITTING THE CITY OF BROOKLYN CENTER TO WORK COLLABORATIVELY TO PROMOTE GREATER ECONOMIC STABILTY, THE ELIMINATION OF ECONOMIC RACIAL DISPARITIES, AND A MUTUALLY PROSPEROUS COMMUNITY FOR ALL BROOKLYN CENTER RESIDENTS, BUSINESSES, AND ENTREPRENEURS. Background: On October 10, 2016, during a work session the City Council reviewed and compared a resolution presented by staff regarding Brooklyn Center Socioeconomic Opportunity — Resolution of Commitment and Regional Leadership. The resolution presented for review was a new resolution that combined the original resolution and an alternative resolution offered by City Councilmember Dan Ryan. During the work session staff provided three documents for review including: 1. A new resolution that included language from both the original and alternative resolution. 2. The original resolution and alternative resolution presented side by side (Councilmember Ryan's language was represented in italicized words). 3. The original Council item coversheet, which provided background information for the original work session item. Following the deliberation and subsequent direction of the City Council, a new resolution has been drafted for review and consideration of approval by the Council at the next meeting on Monday, October 24, 2016. Policy Issues: Staff request that the Council; 1. Consideration for approval Budget Issues: There are no budget issues to consider. Strategic Priorities: • Resident Economic Stability Mission: Ensuring an attractive, clean, safe, inclusive cominitnio, that enhances the quality of life for all people and preserves the public gust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION COMMITTING THE CITY OF BROOKLYN CENTER TO WORK COLLABORATIVELY TO PROMOTE GREATER ECONOMIC STABILTY, THE ELIMINATION OF ECONOMIC RACIAL DISPARITIES, AND A MUTUALLY PROSPEROUS COMMUNITY FOR ALL BROOKLYN CENTER RESIDENTS, BUSINESSES, AND ENTREPRENEURS WHEREAS, the City of Brooklyn Center is one of the most diverse cities in the Twin Cities metropolitan region; and WHEREAS, the City of Brooklyn Center has far too many of its residents earning an income significantly below the median income for Hennepin County, according to U.S. Census Bureau; and WHEREAS, the City of Brooklyn Center has identified and acknowledged that significant racial disparities exist among residents in its local economy that can and must be improved; and WHEREAS, the City of Brooklyn Center recognizes that the economic disparities and lack of opportunity that adversely affects too many of our residents are beyond the means of the City, acting alone to correct; and WHEREAS, the City of Brooklyn Center is committed to bringing diverse stakeholders together to design and implement equitable economic strategies that will enable every student, every worker, every resident, and every entrepreneur in the City to thrive; and NOW, THEREFORE, BE IT RESOLVED by the City Council of Brooklyn Center, Minnesota that we firmly commit to the following, in order to ensure that we set an example for the Twin Cities Region and world to establish greater and more equitable economic opportunities for all residents, by taking the following steps: 1. Form and convene a coalition of community members and representatives of higher education, government, non -profits, private businesses, and professional experts who will gather local insights and best practices to help design an effective and equitable approach to economic stability for all residents; 2. Use a series of broader community gatherings to share what the City is learning and doing to take action on eliminating economic disparities and fostering mutual success or all residents; 3. Build capacity within the City to sustain this effort, until a significant and measurable increase in equitable economic opportunity has been achieved and experienced, and that all residents may envision a bright prosperous future. RESOLUTION NO. ATTEST: October 24, 2016 Date Mayor 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_ 6m DATE: October 18, 2016 TO: Curt Boganey, City Manager FROM: Tim Gannon, Chief of Police---'q�' SUBJECT: Transient Accommodations licensing ordinance Recommendation: It is recommended that the City Council consider approving the first reading and set second reading and Public Hearing for November 28, 2016. Background: In 2015, Police staff recognized that the City's hotels and motels were disproportionally taxing police resources through calls for services and the investigation of serious if not violent crimes. For a number of years the police department by means of assigning a specialty police unit and dedicated sector sergeant had intent to mitigate the drain on police resources. The departmenf did see success while actively engaging hotel/motel management. However, due to numerous management turnovers and corporate policy mandates those successes were limited and resulted in a return to excessive police calls and high profile violent crime incidents at the same hotel/motels. With the use of a City Ordinance it's believed that both local hotel/motel management and corporate leadership groups will recognize the necessity to maintain their property in accordance with acceptable City standards. This includes incorporating a best practices model that reduces excessive police- calls and serious crime incidents. The ordinance will utilize a tiered system of violations as compared to the size of or room capacity of each hotel/motel. This model is currently being utilized to monitor and hold rental properties accountable. The hotel/motel ordinance would be added to Chapter 23 General Licensing Regulations. On October 10, 2016, the City Council reviewed a PowerPoint presentation from police staff regarding an ordinance licensing Transient Accommodations. The Council asked for clarification regarding a provision within Type 3 licensed establishments to require background checks on its employees. After review it was clarified within section 23-2411 as follows: Section 23-2411. BACKGROUND CHECKS. A. To the extent a transient accommodation is required by this Section to conduct background checks on its owners, managers, and employees, such background checks must include the following: A Minnesota statewide criminal history check covering at least the last three years, which must be conducted by a company providing criminal history check services utilizing the most recent update of the Minnesota criminal history files; lklission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust 2. A statewide criminal history check from the person's previous states of residence covering the last three years if the person has not resided in Minnesota for at least the three years preceding the history check; and 3. A criminal history check conducted in all seven counties in the Twin Cities metropolitan area (the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington) covering at least the last three years, including all misdemeanor, gross misdemeanor, and felony convictions. B. The transient accommodation shall retain the criminal history check information for the duration of the person's employment, but in no case less than two years, and shall make the information available for inspection upon request by the City manager or the City Manager's designee. Budget Issues: No budgetary impact. Strategic Priorities: 0 Community Image Mission: Ensnring all attractive, clean, safe, mchrsive coram pity that enhances the qualify of life for all people and preserves thepublic trust CITY OF BROOKLYN CENTER Notice is hereby given that a Public Hearing will be held on the 28th day of November, 2016, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an ordinance requiring City licenses for transient accommodations. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763-569-3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY CODE OF ORDINANCES ADDING SECTIONS 23-2400 THROUGH 23-2414 REQUIRING LICENSES FOR TRANSIENT ACCOMMODATIONS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Findings and Intent. 1.01 The level of criminal activity 'occurring at hotels and motels in the City of Brooklyn Center ("City") is a real and compelling concern to the City Council, residents, visitors, and the hotel and motel industry itself. 1.02 A review of the police service calls regarding criminal activity demonstrates that some hotels and motels in the City are responsible for a disproportionate number of those calls. 1.03 It is reasonable to require those hotels and motels with a higher munber of police calls for service to employ certain measures that have been shown to be effective in deterring crime. 1.04 To account for differences in the number of lodging units among the hotels and motels, and to avoid larger properties being disproportionately represented, it is appropriate to consider the number of calls for service based on a per -lodging unit calculation for the purposes of determining the level of license required. 1.05 The City Council determines it is in the best interests of the City to take a proactive approach to deterring and minimizing criminal activity at the City's hotels and motels. 1.06 The City Council desires to encourage and foster cooperation between hotel and motel operators and the police department, so calls for police service initiated by the hotel or motel operator should not be included in the calls for service calculations for the purposes of these regulations. ORDINANCE NO. 1.07 The license required by this ordinance is a business license issued under the City's general police powers and is not intended to regulate items addressed in a Minnesota Department of Health license required of hotels and motels under Minnesota law. Section 2. Brooklyn Center City Code, Chapter 23 is amended to add new Sections 23-2400 to 23-2414 as follows: TRANSIENT ACCOMMODATIONS Section 23-2400. PURPOSE It is the puWose of these Sections 23-2400 through 23-2414 to ensure that hotels and motels (referred to in these Sections as "transient accommodations") are taking steps and implementing measures as may be needed to discourage the use of their facilities for criminal activities in order to protect the safety of their guests and the public. Those owning and operating transient accommodations in the City have a responsibility to assure their guests and visitors have accommodations that are safe. secure free from unreasonable noise, nuisances and threats to their safety and security. Section 23-2401. LICENSE REQUIRED It is unlawful for any -j: erson film. or corporation to operate a transient accommodation in the City without a transient accommodation license issued pursuant to Sections 23-2400 through 23-2414. A separate license is required for each transient accommodation property. Section 23-2402. DEFINITIONS A. "Annual calls for service"-- The aggregate total of all calls for service to a transient accommodation property in a calendar year multiplied by the total number of lodgm units in the transient accommodation as determined by the City. B. "Call for service" — Includes any of the following: 1. Any report of criminal activity made to the police department from or concerning a transient accommodation in connection with anincident occurring at that transient accommodation property, except calls originating from the owner, manager or other agent of the owner of the transient accommodation property; or 2. AU incident observed by police concerning a transient accommodation property and is responded to by a police officer. Only a call for service that is verified by the responding police officer as beim a valid call for service regarding criminal activity shall be included in the annual calls for service calculation for the purposes of these Sections 23-2400 through 23-2414. C. "Level I transient accommodation" — Any transient accommodation whose annual calls for service are less than .20 calls per lodging unit. ORDINANCE NO. D. "Level II transient accommodation" — Any transient accommodation whose annual calls for service are at least .20 calls per lodging unit. but less than .40 calls per lode unit. E. "Level III transient accommodation" — Any transient accommodation whose annual calls for service are at least .40 calls per lodging unit or greater. F. "Lodging unit" — One self-contained unit within a transient accommodation designated by number, letter, or some other method of identification that is designed or used for overnight accommodations A lodging unit shall not include areas or rooms not utilized for overnight accommodations such as banquet rooms, meeting rooms, business centers. pool areas. and workout rooms. G. "Police department" — The City of Brooklyn Center Police Department. H. "Transient accommodation" — Any facility such as a hotel motel condominium, resort, or any other facility or place offering six or more lodging units to guests for periods of less than thirty days but not including jails, hospitals, care facilities senior living centers residential treatment facilities prisons detention homes and similar facilities. I. "Transient accommodation property" — Any land containing a facility for transient accommodation including any associated parking areas, recreation areas loading areas or other amenities located on the same parcel of property. Section 23-2403. RESTRICTIONS ON ISSUING LICENSES. A transient accommodation license shall not be issued or renewed if any of the following circumstances exist: A. The applicant submits an incomplete license application or fails to submit the required application fee; B. The applicant was not truthful in any of the information provided to the City as part of its request for a license; C. The transient accommodation is not in compliance with the requirements of Sections 23- 2400 through 23-2414 with any condition placed on its current transient accommodation license or with any applicable federal state or local law, rule regulation, or ordinance; or D. The transient accommodation property is not incompliance with any applicable federal state. or local law, rule, regulation. or ordinance. Section 23-2404. LICENSING PROCESS AND RENEWAL. A. A new transient accommodation shall obtain a transient accommodation license prior to opening for business A new transient accommodation that had not previously operated within the City shall initially qualify for a Level I transient accommodation license. The ORDINANCE NO. City may charge a reduced license fee for a new transient accommodation license based on the number of months remaining in the particular licensing period. B. On or before February 1St of each year the City will notify each existing transient accommodation in writing of their annual calls for service for the previous year and the level of transient accommodation license for which they must apply. Applications for a license renewal shall be submitted to the City at least 30 days prior to the license expiration date. C. The transient accommodations must obtain the required level of transient accommodation license from the City by no later than Mav 1St each year. All requirements applicable to the particular level of license and any additional conditions placed on the license must be completed and fully implemented by the licensee by August 1". Failure to comply with the requirements applicable to the license level or any additional conditions issued by the City Council shall constitute sufficient grounds for the revocation suspension, or nonrenewal of the transient accommodation license. Section 23-2405. LICENSE FEE. The fee for: a transient accommodations license shall be as set forth by City Council resolution The City Council may establish a separate fee for each licensing level. Section 23-2406. LICENSE PERIOD All transient accommodations licenses shall expire on April 30 each year. Section 23-2407. TRANSFER OF LICENSES A transient accommodation license may be transferred to a new owner of a transient accommodation continuing to operate on the same transient accommodation property for which the license was issued. Written notice of the transfer shall be provided to the City within ten (10) business days after the transfer. The notice shall include the name and address of the person firm or corporation taking ownership or control of the transient accommodation. A transient accommodation license shall not be transferred or relocated to a transient accommodation located on a different site. Section 23-2408. LEVEL I TRANSIENT ACCOMMODATION. A Level I transient accommodation is eligible for a transient accommodation license without needing to com ly with any special requirements beyond complying with any conditions the City Council may impose on the license The license shall be issued upon application payment of applicable fees and proper licensing with all applicable government agencies, including the Minnesota Department of Health. Section 23-2409. LEVEL II TRANSIENT ACCOMMODATION. A Level II transient accommodation is required to meet the following special requirements designed to deter crime, in order to be eligible for a transient accommodation license and shall comply with an conditions the City Council may impose on the license. A. Obtain and maintain a record of all guests renting the lodging unit. ORDINANCE NO. B. Submit a management plan to the City detailing stens the establishment intends to take to reduce criminal activity. C. Consult with the police department to obtain such inspection services and advice regarding crime prevention as may be needed to address the types and calls for service made to the transient accommodation property. D. Consult with the police department to keep apprised of police activity occurring on the transient accommodation property. E. Install and operate a surveillance camera. with a recorder, in the lobby at all times. F. Undergo a police department crime prevention assessment of the transient accommodation Property. Section 23-2410. LEVEL III TRANSIENT ACCOMMODATIONS. Level III transient accommodations are required to meet the following special requirements, designed to deter crime, to be eligible for a transient accommodation license, and shall comply with any conditions the City Council may impose on the license. A. Conform to the special requirements set forth in Sections 23-2409 for a Level II transient accommodation. B. Conduct background checks on all owners, managers, and employees of the transient accommodations. C. Hold semi-annual employee training sessions assisted by the police department. D. Provide 24-hour front desk personnel. E. Enforce the following guest rules: 1. Lodging units cannot be rented for less than a six -hour period; 2. Prohibit guests from producing loud noises that unreasonably disturb the tranquility of the other guests or those adjacent to the transient accommodation property; and 3. Alcohol may not be consumed in common areas except for designated banquet or reception rooms or areas. F. Issue parking passes to all vehicles allowed to park on the transient accommodation property, with each pass marked with an issue date and expiration date. G. Remove all graffiti and repair all vandalism within seven (7) days of occurrence. ORDINANCE NO. H. Install lighting in all common areas with minimum maintained lighting of 1.5 foot- candles at ground level. I_ Install and operate video monitoring equipment in all parking lots on the transient accommodation property that are monitored and recorded at the front desk at all times. J. Have a licensed armed and uniformed security guard on the premises every day from 6.00 p.m. until 6.00 a.m. K. Submit to scheduled semi-annual audits by the City to verify compliance with the above - referenced requirements. Section 23-2411. BACKGROUND CHECKS. A. To the extent a transient accommodation is required by this Section to conduct background checks on its owners managers and employees such background checks must comply with and include the following: 1. A Minnesota statewide criminal history check covering at least the last three years, T which must be conducted by a company providing criminal history check services utilizing the most recent update of the Minnesota criminal history files; 2. A statewide criminal history check from the person's previous states of residence covering the last three years if the person has not resided in Minnesota for at least the three years preceding the history check; and 3. A criminal history check conducted in all seven counties in the Twin Cities metropolitan area (the counties of Anoka Carver Dakota. Hennepin Ramsey, Scott. and Washington) covering at least the last three years including all misdemeanor. gross misdemeanor. and felony convictions. B. The transient accommodation shall retain the criminal history check information for the duration of the person's employment but in no case less than two years, and shall make the information available for inspection upon request by the City Manager or the City Manager's designee. Section 23-2412. REVOCATION AND SUSPENSION OF LICENSE. A transient accommodation license may be revolted suspended or not renewed by. the City Council, upon recommendation of the City Manager in accordance with this Section. A. The City Council may revoke suspend or not renew a transient accommodation license Won any of the following grounds: 1. A false statement misrepresentation or fraudulent statement on any application or other information or report required by these Sections 23-2400 through 23-2414; ORDINANCE NO. 2. Failure to pay the application fee fine penalty, reinstatement fee, special assessment real estate taxes, or other financial claim due to the City under this Code; 3. Failure to comply with any of the special requirements imposed in Sections 23-2400 through 23-2414 applicable to the particular license .level - 4. Failure to comply with any of the conditions placed on the license by the City Council; 5. Failure to implement the management plan if one is required for the transient accommodation; 6. Failure to continuously comply with any zoning..health building nuisance, or other City Codes including failing to comply-with_any corrective orders issued within the time specified in the order; 7. Failure to obtain or maintain any licenses required for the transient accommodation; or 8. Failure to comply with any other applicable federal state or local law, rule, regulation, or ordinance. B. A decision to revoke, suspend or not renew a transient accommodation license shall be preceded by written notice to the applicant or licensee of the alleged grounds therefor and the applicant or licensee will be given an oppoi-hinity to request a hearing before the City Council before final action is taken to revoke suspend or not renew the license. An applicant or licensee waives its right to a hearing if it fails to submit a written request for a hearing to the City within ten (10) days of the issuance of the written notice. If a timely request for a hearing is received the City Council shall conduct a hearing at the next regularly scheduled City Council meeting and provide the applicant or licensee an opportunity -to be heard. C. The written decision to revoke suspend or not renew a transient accommodation license shall identify the specific grounds for the decision Upon issuance of the written decision no lodging unit within the transient accommodation may be offered or used for any period of time by guests until anew transient accommodation licenses is issued. Section 23-2413 REAPPLICATION AFTER LICENSE ACTION. Reapplication for a transient accommodations license after the City Council has revoked, suspended, or not renewed a license shall be in accordance with this Section. 1. A transient accommodation license may be suspended for up to ninety (901 days and may, after the period of suspension be reinstated subject to compliance with these Sections 23-2400 through 23-2414 and any conditions imposed by the City Council at the time of suspension. ORDINANCE NO. 2. A transient accommodation license revoked or not renewed by the City Council will not be reinstated or issued until the owner has applied for and secured a new transient accommodation license and complied with all conditions imposed at the time of revocation or nonrenewal The City Council may impose a period following the revocation or nonrenewal of the owner's previous license during which a new transient accommodation license may not be submitted A decision not to renew a transient accommodation license may take the form of a suspension or revocation. 3. An application for a new transient accommodation license following the revocation, suspension or nonrenewal of the license must be accompanied by a reinstatement fee. as specified by City Council resolution in addition to all other application and related fees. 4. The conditions of approval of any subsequent application for a license to operate a transient accommodation on the same property following period of revocation or denial of renewal of a transient accommodation license shall be based upon the transient accommodation property's history of annual calls for service prior to the revocation or non -renewal. 5. No subsequent application for a transient accommodation license on the same property following a period of revocation or nonrenewal shall not be approved unless the applicant presents a corrective action plan that is approved by the City to help ensure the conditions and causes of the prior revocation or nonrenewal are appropriately addressed. Implementation of and compliance with the corrective action plan shall be a condition of the license. Section 23-2414. VIOLATIONS. A. Any person firm or corporation who violates any provision of this Section is, upon conviction guilty of a misdemeanor. The penalty that may be imposed for a misdemeanor is a sentence of not more than 90 days or a fine of not more than $1,000, or both Each day upon which a violation_ of these Sections 23-2400 through 23-2414 occurs constitutes a separate offense. B. Nothing in this Section shall be construed as a waiver of any applicable state license requirements or from compliance with any applicable civil and criminal laws. Section 3. Initial Licenses. Persons, firms, and corporations currently operating a transient accommodation within the City of Brooklyn Center shall obtain a transient accommodation license from the City within 45 days from the effective date of this ordinance. The level of transient accommodation license will be calculated based on the annual calls for service from the previous year. Licenses for subsequent years must be obtained in accordance with the timelines established in this ordinance. The City will charge a reduced license fee for the initial licenses based on the number of months remaining in the licensing period. ORDINANCE NO. Section 4. Effective Date. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of 2016. ATTEST: City Clerk Date of Publication: Effective Date: Mayor (Strikeout indicates matter to be deleted, double underline indicates new matter.) �i 0 . e 7 � \ \ � / � / � ® \ / - �� \ ƒ % A f � § / � 2 � \ / \ ? \ \ / - / /. - / _ / . /- ~ - « 5 -� _ � \ J / \ � \ � � � _ ƒ5 - 2 / \ - m / - \ \ _ � ^ \ - \ \ � \ � � § / g \ O � ® � C_ 'gyp v � s � � o_ C./� H � � � � � � a Q o Q Q � m c`o n- � o -� Q cN' � � -� � Q � �_ � � � � � � � _ o "' � n m _� � � m E - I I I I_ I I I_ I � I I I i i I i I I I I I I i I I i -� L- L I I i I I I I � I I ,- it I -� �, -i I' i i I -, �� L _� I I I I_ �' i"n_ r"u_ o m r"�o_ F'o_ n m r�o_ '�' m � rn W D 2 D '^ f"1 — � Z --•• o °' � W S 0 O ro %� n 0 � � i N ^ l l n Q. 4/T awn K!Y � to iP v_s �+ i/1 � -t/? vii in� vJi Vs w N o 0 0� �. 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Background: The City of Brooklyn Center has celebrated Random Acts of Kindness since 1997. Each year the nominees are recognized by the City Council at its second meeting in October. The attached proclamation encourages residents to celebrate Random Acts of Kindness. Budget Issues: There are no budget issues to consider. Mission: Ensin•inb an attractive, clean, safe community that enhances the quality of life andpreserves thepublic trust PROCLAMATION DECLARING OCTOBER 24, 2016, TO BE DESIGNATED AS RANDOMACTS OF KINDNESS DAY WHEREAS, Random Acts of Kindness are the expression of our empathy and compassion for one another; and WHEREAS, the daily acts of kindness of most of the citizens of Brooklyn Center often go unrecognized; and WHEREAS, by recognizing these daily acts of kindness, all citizens of Brooklyn Center will become more aware of the importance of being kind to others throughout the year; and WHEREAS, the City of Brooklyn Center celebrated the first Random Acts of Kindness in 1997, and is celebrating its 20th Annual Random Acts of Kindness by encouraging schools, employees, and community groups to participate in Random Acts of Kindness. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim October 24, 2016, to be Random Acts of Kindness Day and urge all residents of the City of Brooldyn Center to join in celebrating and performing Random Acts of Kindness. ATTEST.• October 241 2016 Date City Clerk Mayor Council Members City Council Agenda Item No. 71� COUNCIL ITEM MEMORANDUM DATE: October 18, 2016 TO: Curt Boganey, City Manag l/ FROM: Sharon Knutson, City Clerlc 'Yi- 5iJB7ECT: Random Acts of Kindness Presentation of Recognition and Certificate Ceremony Recommendation: It is recommended that the City Council Members alternately read nominations received for Random Acts of Kindness while Mayor Willson presents the recognition certificate to the nominee. Background. Since 1997 the City of Brooklyn Center has celebrated Random Acts of Kindness during the month of October. An article seeking nominaflons was printed in the fall 2016 edition o£ the resident newsletter City Watch, as well as in the Broo7dyn Center Sun -Post. Random Acts of Kindness nomination forms were made available at the customer service counters at the Community Center and City Hall, and a letter was sent out to community organizations. Information about Random Acts of Kindness and an online nomination form was available on the City's website. Attached are copies of the 22 nominaflons received this year. A letter was sent to the nominees who were identified (and carbon copied to the nominator) inviting them to participate in the Random Acts of Kindness recognition at the City Council meeting to be held October 24, 2016, at 7 p.m. A copy of the letter sent on behalf of the City Council is attached. Those persons attending the recognition will receive their certificates at the meeting. The certificates will be mailed to those nominees who are unable to attend the meeting. Budget Issues: There are no budget issues to consider. Mlssloru Ens«ring mr nm�nctfve, c!¢rsra, s 1 conrn+«ngr to«a enl nares al ¢ R:mLfy llll ««d yres¢rver [lee puLllc arusf AMR Nominee Nominated by Michelle Mares Manuel Mares Jon Haughey Bill and Betty Byrnes Barbara Jordan Geraldine A. Anderson Diane Proulx Cliff and Lisa Eubanks Allan and Sharon Pierskalla Cliff and Lisa Eubanks Mark Anderson and Lisa Fuglie Donna Velasco Joe and Renee Schumacher Donna Velasco The Crossings at Brookwood Residents Jesse Gully Dr. Robert Droullard Arlene Swanson Courtney Poj a, Cornerstone Arlene Swanson Jay Haapala, AARP Berisso Bekuto Arlene Swanson Elsie Kowitz Lisa Cole -Harris Brenda K. Stanton Keilah Lopez-Pantoja Brenda K. Stanton Pastor Ben Lane, Northbrook Alliance Church Darryl -Sannes Christine Twait, Partners in Nutrition Darryl Sannes DaraLynn, Tom, and Staff Georgetown Park Townhouses Bonnie Nelson, All Nations Fellowship Darryl Sannes Darryl Sannes Marls Block and Staff Caribou Coffee & Einstein Bros. Bagels Diane Sannes Kristin Wolf, Walmart Manager Diane Sannes Mr. Branch and Sally Mays Garden City Elementary School Diane Sannes Michael Wilkinson and Staff McDonald's Diane Sannes Phillip Gray Sade Berrouet and Isis Satchel Wendell Garnhart Diane Day Mission. Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust CITY OF SROOI�LYN CENTER A GREAT PLACE TO START. A GREAT PLACE TO STAY www. cifyofbraokfyncenter.org October 3, 2016 Nominee's Name Nomine¢'s Address Dear Nominee: Since 1997 the City of Brooklyn Center has celebrated Random Acts of Kindness. Again this year the City Council has received nominations to recognize Brooklyn Center residents and groups who have performed random acts o£ kindness that help make our community a wonderful place to live and work. Congratulations! You have been nominated for Random Acts o{ Kindness and will be recognized by the Mayor and Council Memb¢rs during their City Council meeting on Monday, October 24, 2016. The City Council meeting starts at 7 p.m. and is held at Brooklyn Center City Hall in the Council Chambers, 6301 Shingle Creek Parkway, Brooklyn Center. Your presence would be greatly appreciated. Enclosed is a copy of the nomination. If you have any questions, please contact City Clerk Sharon Krtutson at 763-569-3306. Sincerely, Tim Willson, Mayor April Graves, Council Member Kris Lawrence -Anderson, Council Member Lin Myszkowski, Council Member Dan Ryan, Council Member Enclosure cc: Nominator (w/o enclosure) 8845 Humboltlt Avenue North Brooklyn Cen[eq MN 554304653 >63.589.3333 -Fax: J63.561.0>17 City of Brooklyn Center \ andom Acts of Kindness Nomination Form A Nominator may nominate up to four (4) Nominees. Nominator Name: Street Address: City, State, Zip Code: Email: Telephone: Return Nomination Form BY SEPTEMBER 22, 2016, to: City of Brooklyn Center, Random Acts of Kindness, Office of the Mayor, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430. Nominee Individual OR Organization or Group Individual's Name: Name of Organization or Group: Street Address: Street Address: City, State, Zip Code: City, State, Zip Code: Email: Email: Telephone: Telephone: Brief summary of kind act — a spontaneous, selfless act towards someone or something (use additional sheets if necessary or submit separate letter) Return Nomination Form BY SEPTEMBER 22, 2016, to: City of Brooklyn Center, Random Acts of Kindness, Office of the Mayor, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430. Random Acts of'Kindness )01 Since 1997, the City of Brooklyn Center has celebrated Random Acts of Kindness. In October the Brooklyn Center City Council recognizes all Brooklyn Center residents and groups who have performed Random Acts of Kindness that help make our community a wonderful place to live and work. A Random Act of Kindness is a selfless act performed by an individual, organization, or group towards someone or something. A kind act is "random" when it is spontaneous and unexpected — done simply out of the will to extend goodness without expecting anything in return. Anyone may nominate someone who has performed a random act of kindness over the past year. You may send a card or letter, or drawings or photographs of people performing kind acts, or use the City's nomination form on the reverse side of this page. You may submit up to four nominations. All Random Acts of Kindness nominees are recognized by the City Council during an October meeting and presented a certificate. Join us in celebrating kindness in our community. Dominate an individual, organization, or group today' "No act of kindness, however small, is ever ivasted" — Aesop What is a Random Act of Kindness? Most people try to fulfill obligations in life like doing their fair share of chores and supporting and comforting their families and friends — but these deeds are expected of us. When we make the extra effort of being kind when we aren't expected or required to and surprise someone, including ourselves — this is a Random Act of Kindness, a good deed that is truly the embodiment of compassion and caring. Examples of Random Acts of Kindness ® Walk a neighbor's dog ® Collect mittens or socks and give to ® Donate your time to perform lawn those in need services for the elderly or disabled ® Care for the sick ® Collect soda can tabs for recycling ® Volunteer in the community and give the proceeds to the Ronald (schools, hospitals, churches, etc.) McDonald house ! Plant a tree ® Feed a stranger's expired parking meter ® Donate to a food shelf or clothing shelter ® Photograph someone being kind to another • Read to a child ® Donate books to a daycare or school ® Tutor a student ® Be a Safety Patrol and help kids get to and from school safely ® Pick up litter (Adopt -A -Street or Park) ® Visit someone in the hospital ® Bake a hot dish for someone who just returned from the hospital ® Pick up the mail for a senior citizen on your block each day ® Adopt a homeless pet at the Animal Humane Society ® Donate time at a senior center ® Clean graffiti from neighborhood walls and buildings ® Transport someone who can't drive Presentation of recognition and Certificate Ceremony 1. City Council read nominations received for Random Acts of Kindness 2. Certificates issued to those nominees present Random Acts of Kindness Online Nomination Form Since 1997 the City of Brooklyn Center has celebrated Random Acts of Kindness. During the month of October the Brooklyn Center City Council recognizes all Brooklyn Center residents and groups who have performed Random Acts of Kindness that help to make our community a wonderful place to live and work. A Random Act of Kindness is a selfless act performed by an individual, organization, or group towards someone or something. A kind act is "random" when it is spontaneous and unexpected — done simply out of the will to extend goodness without expecting anything in return. Anyone may nominate someone who has performed an act of kindness in the past year. Complete and submit the Online Nomination Form. You may submit up to four (4) nominations. All Random Acts of Kindness nominees are recognized by the City Council during a regularly scheduled televised October meeting and presented a certificate. Join.us in celebrating kindness in our community. Nominate an individual, organization, or group today! "No act of kindness, however small, is ever wasted." -Aesop NOMINATOR Contact Information Nominator Name:* Manuel Mares Address:* 6332 Regent Ave N City:* Brooklyn Center State: * MN Zip:* 55429 Daytime Phone 612-295-9294 Number: Email Address:* weda marespyahoo.com NOMINEE Contact Information NOMINEE Individual, Michelle Mares Group, or Organization Being Nominated:* Nominee Address: 6332 Regent Ave N City: Brooklyn Center State: MN Zip Code: 55429 BrieSummary of bind P11y wife crochets hats and baby blankets for babies and donates to hospitals and the needy families Brief Act f spontaneous, M the area and other states and countries and makes blankets, scarves and gloves for the homeless selfless act towards around the area. She is always thinking of others before herself. She loves her plants in the backyard someone or and when she sees others working in their yards she wants to help. So Lately, she has gone to a something): couple random houses in the neighborhood to offer for them to come over to our house and take pieces of her plants for free.. She always gives and I would like to see her recognized for her good heart. Since 1997 the City of Brooklyn Center has celebrated Random Acts of Kindness. During the month of October the Brooklyn Center .ity Council recognizes all Brooklyn Center residents and groups who have performed Random Acts of Kindness that help to make our immunity a wonderful place to live and work. A Random Act of Kindness is a selfless act performed by an individual, organization, or group towards someone or something. A kind act is "random" when it is spontaneous and unexpected — done simply out of the will to extend goodness without expecting anything in return. Anyone may nominate someone who has performed an act of kindness in the past year. Complete and submit the Online Nomination Form. You may submit up to four (4) nominations. All Random Acts of Kindness nominees are recognized by the City Council during a regularly scheduled televised October meeting and presented a certificate. Join'us in celebrating kindness in our community. Nominate an individual, organization, or group today! "No act of kindness, however small, is ever wasted." -Aesop NOMINATOR Contact Information Nominator Name:* Barbara Jordan Address:* 5501 Morgan Ave. N. City:* Brooklyn Center State: * Minnesota Zip:* 55430 Daytime Phone Number: (763) 560-0682 Email Address:* Bike rbarb(aDcomcast.net NOMINEE Contact Information NOMINEE Individual, Group, or Haughey Organization Being Nominated:* ;16 vi� Nominee Address: 3312 Mumford Rd. City: Brooklyn Center State: Minnesota Zip Code: 55429 Brief Summary of Kind Act (a I mentioned to John that my kitchen sink was plugged up and without asking him, spontaneous, selfless act towards he brought his tools over and did the plumbing job for NOTHING! He is always ,omeone or something): lending a helping hand. City of Brooklyn Center Rnhdom Acts of Kindness 1romnation- For -m A Nominator may nominate up to four (d) Nominees. Nominee Nominator Name a, , �'zl__ t-� 0, 'oa Street,Ad- ress€ n -Stret-td� ,// At'e' d Bitty, ate; Zip Code: ---- — -- Email: oma' e it E',S 62/e Telephone: ) .3 --6 //3 Nominee -- nui idual's Flame: --- z j-iG' -//t 23 ?dameof0-rganinationor Group - - - _— -Stret-td� ,// At'e' d -StreetAddress: -- -- - -- .-C!'W, State, Zip Go e-Oi€y, State-, Zip Code: oma' e it E',S 62/e Email: Teleph_ -ne: Telephone: Brief summary of kind act — a spontaneous, selfless act towards Someone or something (use additional sheets if necessary or submit Separate letter) /� Zvi ✓'`'" � Tot"c� (/�� ^ `/} ✓v �Lt G• - iUL£X /C I� T l- � ' Q��i�. j 1�7? � o�z. ✓ice , � % .C�' / ��- /Y'iU ,L ,,,,� -.r %`J7'2�^�' d`' �jl ^^ _� /J_ / - A , �,�i� :c.e�-�L� ,•»•LU s Gi..l7��� Z!YY7� cx _ Gc rCLLI G G7-/�-� 0 %Y' "z• C-� ✓GvJ%7 Ret-uFn Nomination Forrfi BY SEPTEMBER 22; 2016; €o: City of Bri5oklyh EenteF, F26ndem Nets of Kindness, Office of the Mayor, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430. City of Brooklyn Center Random Acts of Kindness Nomination Form A Nominator may nominate up to four (4) Nominees. '{ Nominator Name: /. Street Address: j/������ City, State, Zip Code:.., Email: Telephone: Nominee _ Individual,5 OR r anization rou In victual's Name: 1-7) I'd " 13 C 6 � 4,44 /� a//`i _5 Name of Organization or Group: Street A%ddres��:� _ Jf w Street Address: Cit , State, Zip Code: City, State, Zip Code: Et il:( g! 6Kad e26 Email: Tele hone: Telephone: Brief summary of kind act — a spontaneous, selfless act towards someone or something (use additional sheets if necessary or submit separate letter) Zoe 7y f Return Nomination Form BY SEPTEMBER 22, 2016, to: City of Brooklyn Center, Random Acts of Kindness, Office of the Mayor, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430. Random Acts of Kindness Online Nomination Form Since 1997 the City of Brooklyn Center has celebrated Random Acts of Kindness. During the month of October the Brooklyn Center City Council recognizes all Brooklyn Center residents and groups who have performed Random Acts of Kindness that help to make our community a wonderful place to live and work. A Random Act of Kindness is a selfless act performed by an individual, organization, or group towards someone or something. A kind act is "random" when it is spontaneous and unexpected - done simply out of the will to extend goodness without expecting anything in return. Anyone may nominate someone who has performed an act of kindness in the past year. Complete and submit the Online Nomination Form. You may submit up to four (4) nominations. All Random Acts of Kindness nominees are recognized by the City Council during a regularly scheduled televised October meeting and presented a certificate. Join us in celebrating kindness in our community. Nominate an individual, organization, or group today! "No act of kindness, however small, is ever wasted." -Aesop NOMINATOR Contact Information Nominator Name:* Diane Proulx Address:* 6200 Scott Ave N City:* Brooklyn center State: * Mn Zip:* 55429 Daytime Phone Number: Email Address:* ms disneproulx@gmail.com NOMINEE Contact Information NOMINEE Individual, Group, Betty and Bill Byrnes or Organization Being Nominated:* Nominee Address: 6213 Regent ave N cerAev- City: bmy- o, State:, /--=qeq Zip Code; Brief Summary of Find Act Betty and Bill walk the streets every morning picking up trash. I don't know their route, butthey that effort to keep our (a spontaneous, selfless act are all over the neighborhood, not just on their block. I appreciate nice. Especially the trash that seems to collect on 63rd. Thank you Betty a Bill. towards someone or something): neighborhood You are inspiringly! City of Brooklyn Center _�'� , Random Acts ofKindn¢ss Nomination Form \� _� A Nominator mrsy nominate up to four (9) Nominees. � �-'� q9� Nominator Name: C�>n/.� - �� Street Address: City, State, Zip Code: OG�i � J�-� � z Ema11= L�ZG J/ 9/✓.�'S /ti L(.5' Teleph ono: G �z _ �S' � - 3Z lid Notnin¢¢ Individual OR Or anization ro - �- Indiv�Gual•s Na � y K Name of Organisation or Group: S rest Addres � tY Street Address: Gity, State, Zi Code: M N � City, State, Zip Code: N "_' _ Email: Email: Pt K A t_L A eta-d.o Telephone• Telephone: � (o -s 3s - 37 aR Brlaf summary of kind act - a spontaneous, selfless act towards someone or somathing (use additional sheets if necessary or sub/mit separate latter) �'G �� l✓�IIYJ� �n� �'fllt/GdJ7 i9.�1/'G `'I�G�Ca�.-g!�Jl-e ma c1t/J rdr7,e6.� iZGr�®6o=�6 _,d�rc� i� s/�u.// h-��a�® 6/•� • G'�et�6e� ���c�G,Q �a<u�za .��dyr�-ra/�v✓ ii7 � ��iiJJrz� ��-�z��i�/�-� �>z�•� .�iirYG��f�J iyl �-yr.� u�f»,�iil y��y�Go lames -e ��<�6�-��r�ry' �O.1/!_d�?.fes%i2llG�O' �i �?sa�l�i?� i��r�s<r_(/za» tri-���m/i�v�ji`rii 4/S!�/�� t1,6✓�j i%LCLLQ<CA/®��//9�%�11�j��f�G/!-/i��� c/ ��/l?v� �.06%Li fZGlG1� 1Z�1•�/J / l'I9?� -d<6?�l/IL� - a/i ����� s/o ¢G/� �o� ��c,� Q!s® dui/ «ice c Esc Glc 6��zri���-G/yo�a/��zG nor_®a�n���t�✓ ����L�..�c�r 6�i�r/ �4/�cc �o G�r-�; Return Nomination Form BY SEPTEMBER 22, 20'16, to: City of Brooklyn Center, Random Acts of Kindness, Office of the Mayor, 630'1 Shingle Creek Parkway, Brooklyn Center, MN 55430. City of Brooklyn Center Random Acts of Kindness Nomination Form A Nominator- may nominate lip to fow� (4) Nominees. Name: i., Street Address: City, State, 'pnCode. Email: Telephone: . �7 3 Nominator F -L - Nominee Individual R �° `cnization or° �1"Ou Individual's Name Name of Organizat'on or Group: Street Addres == -L Street Address: 3 3,) City, State, Zip Cod .� City, State, Zip Code: 30 Email: Email: Telephone: `-(YIC114� L ''a -3 10 16 Telephone: _ -27e) 1 Brief summary of kind act — a spontaneous, selfless act towards someone or something (use additional sheets if -necessary or submit separate letter) z' JI a, Return Nomination Form BY SEPTEMBER 22, 2016, to: City of Brooklyn Center, Random Acts of Kindness, Office of the Mayor, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430. Monroe Crossing provides a private concer" by DennyO'Trien The bluegrass family is a great bunch of people. I've been around the festivals and the music for a long time. I am happy to call these people my friends. Four years ago I had a bad accident and severely damaged my leg. During that time I was restricted to the house because I couldn't use my leg. I sat in Minnesota for 6 months from February until August. I lost a Minnesota summer. Last year my wife and I went with my Inside Bluegrass Radio Co -host Tom Schuveiller and his wife on the Danny Stewart Bluegrass cruise from Tampa Bay to Cozumel. Here is the story that makes me even more grateful for the people of Bluegrass. After the ship sets sail, the first order of business is the Life Boat drill. As we stood there on deck I told my wife that something was wrong with my leg and I needed to see the doctor on the ship. We hadn't been on the water for 2 hours. Well, the doctor told me right away that i shouldn't even be on the ship as I had a 102 degree temp and a serious infection, cellulitis, in my leg. I was then told that 1 must stay in my room with my leg up and every 12 hours to come back to the clinic for an antibiotic IV. This went on for 3 of the 5 days on the cruise. I missed all the bluegrass acts that had performed so far. Now the heartwarming part of the trip. Tom and the wives had gone to the various shows and during the Monroe Crossing show Tom spoke to Marl: Anderson and explained what had happened. Later I had received a phone .call from Mark and he told me to make sure I pants on because he and his wife were going to come to my room and visit. They did along with the rest of the band. They proceeded to give me a mini concert in the room. That's all 5 of the band and 4 of us. Those rooms are small. I requested songs and they played them. I don't want to be to mushy but you- just have to understand how heartwarming that was and I was so very grateful. Hat's off to the great band and great music of Monroe Crossing. September 2016 Well, there was 1 more day and Tom was able to push me around in a wheel chair. We interviewed some of the artist and then came the interview with Marty Raybon. He was a terrific man and gave a great interview. He then asked me about my leg and told nie that he had heard about me. Marty is a very religious man. He stood over me with his hand on my shoulder and, for what seemed like 3 minutes, he gave me a personal prayer of getting well. I want to tell you about receiving. Yes, I missed a lot of the acts but I have a great amount of gratitude for those who care and this seems to be an awful lot of the bluegrass community. Thanks to all. I Love Bluegrass, Denny O'Brien, Co Host Inside Bluegrass Radio f FEINT STRJNGED INSTRUMENTS ,. DEALERS REPAIRERS AND MAKERS OF VIOLINS, VIOLAS, CELLOS, AND BOWS Andrew Fein Beautiful Wood Music Stands Quality Cases WondeifulValues ;�1 00 ..' I It Paul, Minnesota 651.228.0783 5 City of Brooklyn Center A Nominator may nominate up tofour (4) Nominees. Nominator Name: In 's Na e: Street Address: S (-- 13 _�_)/zz City, Stat ip Code: Email: C1 0 e-) � U S -,)_—y-)1 q Telephone: 5 '? �;- 91 1 Nominee Individual OR OTanization or Group In 's Na e: Name of Organization or Group: StrLdet Ad 4'— 6 Street Address-, 'D City, State, Zip Code: City, State, Zip Code: Email: Email: Telephone: S 6671>•jTelephone: Brief summary of kind act ® a spontaneous, selfless act towards someone or something (use additional sheets if necessary or submit separate letter) I have a neighbor, Joe and his wife Rene who live steps from about six widowed or single ladies. Joe has retired in his mid fifties and even though he would help us all before his retirement he is really kept busy helping us all now and we are able to stay in our own homes. Besides helping his neighbors he also helps his own parents and in-laws as well. He mows lawns, he removes snow, removes snow from our roofs, takes us to doctor p I ointments and has even taken me shopping to thrift stores as he knows I enjoy that. Just =y oe & Rene made an unexpected trip to North Memorial to bring me home after I had made a sudden trip to the emergency room. When my husband was failing I remember Joe coming swiftly to our house when my husband fell out of bed and I was unable to help him back into bed. Rene did the same for me one day when I was not well and feeling faint. She was right there. I don't know what I would do without them as friends and neighbors. They are more my family. Return Nomination Form BY SEPTEMBER 22, 2016, to: City of Brooklyn Center, Random Acts of Kindness, Office of the Mayor, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430. City of Brooklyn Center Random Acts of Ifindness Nomination Form 4-0 A Nominator may nominate up tofour (4) Nominees. Noj3 h i e e Nominator Name: Individual's Name: Street Address: J� City, State, Zip Code: Email: Email: Telephone: Noj3 h i e e Individual OR Organization or Grou Individual's Name: Name/of Organization or Group: //.. V2 G��i� Street Address: Street Address: t/�'l�lC City, State, Zip Code: City, State, Zip Code:N S� D Email: Email: Telephone: Telephone:, G 3�S �� 7 ((® Brief summary of kind act — a spontaneous, selfless act towards someone or something (use additional sheets if necessary or submit separate. letter) I am nominating ALL of the residents of The Crossings for continually going above and beyond for our community. In the last year they have donated food to the CEAP food shelf, School Supplies to the Earle Brown Elementary School, volunteered for countless events and activities for our community, helped one another when they saw a neighbor in need, gave rides to neighbors that needed them, cooked meals for a sick or needy neighbor, helped carry groceries for a neighbor and went shopping for a neighbor. There have been SO MANY Random Acts of Kindness happening at that Thriving Community I cannot select just one. Each member of that community seem to shock me on a daily basis and I think that is why that is such a unique community and that is why I nominate everyone at that community for a GROUP R A 0 K Award! Return Nomination Form BY SEPTEMBER 22, 2016, to: City of Brooklyn Center, Random Acts of Kindness, Office of the Mayor, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430. Random Acts of Kindness Online Nomination Form Since 1997 the City of Brooklyn Center has celebrated Random Acts of Kindness. During the month of October the Brooklyn Center City Council recognizes all Brooklyn Center residents and groups who have performed Random Acts of Kindness that help to make our community a wonderful place to live and work. A Random Act of Kindness is a selfless act performed by an individual, organization, or group towards someone or something. A kind act is "random" when it is spontaneous and unexpected — done simply out of the will to extend goodness without expecting anything in return. Anyone may nominate someone who has performed an act of kindness in the past year. Complete and submit the Online Nomination Form. You may submit up to four (4) nominations. All Random Acts of Kindness nominees are recognized by the City Council during a regularly scheduled televised October meeting and presented a certificate. Join us in celebrating kindness in our community. Nominate an individual, organization, or group today! "No act of kindness, however small, is ever wasted." -Aesop NOMINA i OR Contact Information Nominator Name:* Address:* City:* State: Zip:* Daytime Phone Number: Email Address:* NOMINEE Individual, Group, or Organization Being Nominated:` Nominee Address: City: State: Zip Code: Brief Summary of Kind Act (a spontaneous, selfless act towards someone or something): Arlene Swanson 91365 57th ave n plymouth MN 55442 763 577 9789 George7040Raol.c0m NOMINEE Contact Information Dr Robert Droullard MD 6845 Lee Ave N BC MN 55429 People in BC have been more then Blessed to have received Excellent Healrh Care these many years from Dr ❑roullard at BC Health Partners Clinic. Thank You Doctor and we wish you Well in Your Retirementll Since 1997 the City of Brooklyn Center has celebrated Random Acts of Kindness. During the month of October the Brooklyn Center City Council recognizes all Brooklyn Center residents and groups who have performed Random Acts of Kindness that help to make our immunity a wonderful place to live and work. A Random Act of Kindness is a selfless act performed by an individual, organization, or, ,roup towards someone or something. A kind'act is "random" when it is spontaneous and unexpected — done simply out of the will to extend goodness without expecting anything in return. Anyone may nominate someone who has performed an act of kindness in the past year. Complete and submit the Online Nomination Form. You may submit up to four (4) nominations. All Random Acts of Kindness nominees are recognized by the City Council during a regularly scheduled televised October meeting and presented a certificate. Join us in celebrating kindness in our community. Nominate an individual, organization, or group today! "No act of kindness, however small, is ever wasted." -Aesop NOMINATOR Contact Information Nominator Name:* Address:* City:* State: Zip:* Daytime Phone Number: Email Address:* NOMINEE Individual, Group, or Organization Being Nominated:* Nominee Address: City: State: Zip Code: Brief Summary of Kind Act (a spontaneous, selfless act towards someone or something): Arlene Swanson 11365 57th Ave N Plymouth MN 55442 863 577 9789 George7040@aOI.COm NOMINEE Contact Information Courtney Poja Cornerstone 1000 E 80th St Bloomington MN 55420 Thanks to Courtney and all At Cornerstone -For all You do for BC Residents around the Topics of Abuse and Domestic Violence and esp for hosting the many Forums held in BC this year to help Us become better informed on theses issues Thank You << u cr ,, �� ':f� �. 1 \ y Oi 0 I 1 - � ���J �•1 �Tt % CCC /j _ s 3 E i'i _ _ �t/I. 1 i� � 1 � ® ��q /� _. ., is 11111111111111111 1111111 x Twill '. • Since 1997 the City of Brooklyn Center has celebrated Random Acts of Kindness. During the month of October the Brooklyn Center City Council recognizes all Brooklyn Center residents and groups who have performed Random Acts of Kindness that help to make our ,ommunity a.wonderful place to live and work. A Random Act of Kindness is a selfless act performed by an individual, organization, or jroup towards someone or something. A kind act is "random" when it is spontaneous and unexpected — done simply out of the will to extend goodness without expecting anything in return. Anyone may nominate someone who has performed an act of kindness in the past year. Complete and submit the Online Nomination Form. You may submit up to four (4) nominations. All Random Acts of Kindness nominees are recognized by the City Council during a regularly scheduled televised October meeting and presented a certificate. Join us in celebrating kindness in our community. Nominate an individual, organization, or group today!. "No act of kindness, however small, is ever wasted." -Aesop NOMINATOR Contact Information Nominator Name:* Address:* City:* State: Zip:* Daytime Phone Number: Email Address:* NOMINEE Individual, Group, or Organization Being Nominated:* Nominee Address: City: State: Zip Code: Brief Summary of Kind Act (a spontaneous, selfless act towards someone or something): Arlene Swanson 11365 57th Ave N Plymouth MN 55442 763 577 9789 George7040 anaol.com NOMINEE Contact Information Jay Haapala AARP MN 30 E 7th St. #1200 St Paul MN 55101 Thank You Jay and AARP PAN for the many forums you hosted in BC in 2016 for us Seniors -- hearing information About Being aware of Scamming and How to Rite Fit your Home --certainly was Helpful information to hear ... Thank You please come back Again --with these very useful seminars!! \ _ —_ z x \� �� � �� ��� ! ` _ — �;).rr $Cr �1 � ._ `I � `\ \ n .. � \ -— y — - ' a� �H ,� A �` v q.. �t. �� '� a _ �� — '�^_ F. h .: � -� 1 � ✓ Mph. — �J ely� �"' ��.. �_ � v cam" i�9 ' M , p .� _ � � ���nl ''' � _ y{� l'i 4 ® � � i D � . flrf 1 `` City of Brooklyn Center Random Acts of Kindness Nomination Form A Nominator may nominate up to four (4) Nominees. Nominee Nominator Name: v--_ LO iT7- StreetA cclressl:- € City , tate, Zip Code- Street Address: Email: City, State, Zip Code: Telephone: -- X53�5 x-93 Nominee Individual OR Organizationg or Group Individual's Name: - / Name of Organization or Group: 13 ,i . Street Address: M Street Address: qty, State, Zip Codq: 01 - V- h I iA City, State, Zip Code: Email: Email: Telephone: Telephone: Brief summary of kind act- a spontaneous, selfless act towards someone or something (use additional sheets if necessary or submit separate letter) C�'rr l(IEr 1�.� L (11rCLi~, uoi'�U L0(L5 bux-- Y'r-Lt� Lc :5 Ciel ,TCI,i'Y1 cL Vct 6aq Cyxa I -t wv-1Yu"Di Si-c)PP( 6 milt Cft(L (('1c Ox"SiS-i-C_-CA- ur? Vi. VN-\0t0L,"0) ' L "-,c < HC )A(0 PC -C4 -CL i'�LcL S Pr l t S VA-C\.P IIAO-S 2Es�y� r;i 1 LCA t 47) �5ls'lC $ 1ti1 �-; tL ��GC t �lG t v^F-\ (3-S �-vvq 4-�C-I CI 1� Return Nomination Form BY SEPTEMBER 22, 2016, to: City of Brooklyn Center, Random Acts of Kindness, Office of the Mayor, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430. Random ,cts f Kindness Since 1997 the City of Brooklyn Center has celebrated Random Acts of Kindness. During the month of October the Brooklyn Center City Council recognizes all Brooklyn Center residents and groups who have performed Random Acts of Kindness that help to make our community a wonderful place to live and work. A Random Act of Kindness is a selfless act performed by an individual, organization, or group towards someone or something. A kind act is "random" when it is spontaneous and unexpected — done simply out of the will to extend goodness without expecting anything in return. Anyone may nominate someone who has performed an act of kindness in the past year. Complete and submit the Online Nomination Form. You may submit up to four (4) nominations. All Random Acts of Kindness nominees are recognized by the City Council during a regularly scheduled televised October meeting and presented a certificate. Join us in celebrating kindness in our community. Nominate an individual, organization, or group today! "No act of kindness, however small, is ever wasted." -Aesop NOMINATOR Contact Information Nominator Name:* Brenda K. Stanton Address:* 5869 69th Ave. N City:* Brooklyn Park State: * MN Zip:* 55429 Daytime Phone 763-585-7200 ex:86415 Number: Email Address:* stantonbdistrict279.orci NOMINEE Contact Information NOMINEE Individual, Lisa Cole -Harris (Parent Lisa Cole) Group, or Organization Being Nominated: Nominee Address: 3216 Poe Rd. N City: Brooklyn Center State: MN Zip Code: 55429 at North Vieuv Middle School. During her seventh grade year r adelivering Brief Summary of Kind Lisa is a student dd ng,'and Acts of Kindness (RAK)volunteeri to help th filing, paper Act (a spontaneous, Random h gra items to other departments. This school year as an 8th grader she is working in the media center. ar selfless act towards Lisa is also a positive role model and helps her classmates when needed. someone or something): Random Acts of Kindness Online Nomination Form Since 1997 the City of Brooklyn Center has celebrated Random Acts of Kindness. During the month of October the Brooklyn Center pity Council recognizes all Brooklyn Center residents and groups who have performed Random Acts of Kindness that help to make our ommunity a wonderful place to live and work. A Random Act of Kindness is a selfless act performed by an individual, organization, or group towards someone or something. A kind act is "random" when it is spontaneous and unexpected — done simply out of the will to extend goodness without expecting anything in return. Anyone may nominate someone who has performed an act of kindness in the past year. Complete and submit the Online Nomination Form. You may submit up to four (4) nominations. All Random Acts of Kindness nominees are recognized by the City Council during a regularly scheduled televised October meeting and presented a certificate. Join 'us in celebrating kindness in our community. Nominate an individual, organization, or group today! "No act of kindness, however small, is ever wasted." -Aesop NOMINATOR Contact Information Nominator Name:* Address:* City:* State: Zip:* Daytime Phone Number: Email Address:* NOMINEE Individual, Group, or Organization Being Nominated:* Nominee Address: City: State: Zip Code: '30ef Summary of Kind Act (a spontaneous, selfless act towards someone or something): Brenda Stanton 5869 69th Ave. N Brooklyn Park MN 55429 763-585-7200 ext. 86415 stantonb _district279.org NOMINEE Contact Information Keilah Lopez-Pantoja (Parents: Jose Lopez-Pizan and Anita Pantoja-Ortiz) The parents need a Spanish interpreter 5400 67th Ave. N Brooklyn Center MN 55430 In the seventh grade (2015-16 school year), Keilah participated in RAK at North View Middle school by volunteering to work with the Special Education Administrative assistant. She helped with delivering items, filing, and paper shredding. She has agreed to mentor a 7th grade student for the 2016-17 school year. Random Acts of Kindness Online Nomination Form Since 1997 the City of Brooklyn Center has celebrated Random Acts of Kindness. During the month of October the Brooklyn Center City Council recognizes all Brooklyn Center residents and groups who have performed Random Acts of Kindness that help to make our community a wonderful place to live and work. A Random Act of Kindness is a selfless act performed by an individual, organization, or group towards someone or something. A kind act is "random" when it is spontaneous and unexpected — done simply out of the will to extend goodness without expecting anything in return. Anyone may nominate someone who has performed an act of kindness in the past year. Complete and submit the Online Nomination Form. You may submit up to four (4) nominations. All Random Acts of Kindness nominees are recognized by the City Council during a regularly scheduled televised October meeting and presented a certificate. Join us in celebrating kindness in our community. Nominate an individual, organization, or group today! "No act of kindness, however small, is ever wasted." -Aesop NOMINATOR Contact Information Nominator Name:* Address:* City:* State: Zip:* Daytime Phone Number Email Address:* NOMINEE Individual, Group, or Organization Being Nominated:* Nominee Address: City: State: Zip Code: Brief Summary of Find Act (a spontanSous, selfless act towards someone or something): Darryl Sannes 7006 Willow Lane Brk Cir MN 55430 7630 560 8893 makendeet(aD-aol.com NOMINEE Contact Information Pastor Ben Lane and North Brook Alliance Church 6240 Aldrich Ave N Brk Cir MN 55430 Thank You for your Support of continuing the Gardening at your Church in Brooklyn Center --Your efforts in support of community gardening make a big Difference to many in the Brooklyn Center community ! ��. I a F � ;=� i d t r .%irby�Eili:aZ ':. '� ' N.. __ �_. .__c �` y _ �� G G��ds CVi` ��q Brooklyn Can[ar GarAan � y -y � �ewo.m . o =^ ana aomni eo�en�r ma2P� JRE'S^Pq Jh a ORCAN�� G`a'r"dening `wo �hb�ro�oJ �.i - Nmon9 Community Allian ce Church Random Acts of Kindness Online Nomination Form Since 1997 the City of Brooklyn Center has celebrated Random Acts of Kindness. During the month of October the Brooklyn Center City Council recognizes all Brooklyn Center residents and groups who have performed Random Acts of Kindness that help to make our community a wonderful place to live and work. A Random Act of Kindness is a selfless act performed by an individual, organization, or group towards someone or something. A kind act is "random" when it is spontaneous and unexpected — done simply out of the will to'�— extend goodness without expecting anything in return. Anyone may nominate someone who has performed an act of kindness in the past year. Complete and submit the Online Nomination Form. You may submit up to four (4) nominations. All Random Acts of Kindness nominees are recognized by the City Council during a regularly scheduled televised October meeting and presented a certificate. Join us in celebrating kindness in our community. Nominate an individual, organization, or group today! "No act of kindness, however small, is ever wasted." -Aesop NOMINATOR Contact Information Nominator Name:* Address:* City:* State: Zip:* Daytime Phone Number: Email Address:* NOMINEE Individual, Group, or Organization Being Nominated:* Nominee Address: City: State: Zip Code: Brief Summary of Kind Act (a spontaneous, selfless act towards someone or something): Darryl Sannes 7006 Willow Lane Brk Ctr MN 55430 763 560 8893 makendmeet@aol.com NOMINEE Contact Information Christine Twait and Partners in Nutrition 855 Rice Street 4200 St Paul MN 55117 From June 13 to Sept 1 **11,000 FREE Lunch and dinner meals were served to children in the Brooklyns in your Out of School meal Program Thanks so much For coming to 6 sites in BC -- Monday -Friday --You made a big Difference to Kids and their parents in our Community 11 Hope you return Next Year ... w � z � w V ,� �� z o Z 0. .G v � 0 C o 0. � w c v ry � c.� a �.wi 0 0 0 m �.I N t. c N U 0 M z QJ -�. c CJ z z z a � � a`, v � C C UN ?- V --Y Z a, C N v O p oo m � Z m m z z z � �� �6 � � � � ai Z �� � � c a� c a� � a� � Q � Q Q ami > > +� Q Q � Q �--- Y p Q �-- N L Y C � d !6 � �.r') Y 110 D O O O �.n 1� O 00 O O .-1 O N O N ct O l0 O 1� a -i r -I � M n CJI wI L Q) Q% to � V) �� �6 �� � .F� ~_ 0 •- _� Y Y L Q i � �_ Y C d !6 �� C QJ d.. L) fl ) CJI wI Random Acts of Kindness Online nomination Form Since 1997 the City of Brooklyn Center has celebrated Random Acts of Kindness. During the month of October the Brooklyn Center City Council recognizes all Brooklyn Center residents and groups who have performed Random Acts of Kindness that help to make our community a wonderful place to live and work. A Random Act of Kindness is a selfless act performed by an individual, organization, or group towards someone or something. A kind act is "random" when it is spontaneous and unexpected — done simply out of the will to extend goodness without expecting anything in return. Anyone may nominate someone who has performed an act of kindness in the past year. Complete and submit the Online Nomination Form. You may submit up to four (4) nominations. All Random Acts of Kindness nominees are recognized by the City Council during a regularly scheduled televised October meeting and presented a certificate. Join us in celebrating kindness in our community. Nominate an individual, organization, or group today! "No act of kindness, however small, is ever wasted." -Aesop NOMINATOR Contact Information Nominator Name:* Address:* City:* State: Zip:* Daytime Phone Number: Email Address:* NOMINEE Individual, Group, or Organization Being Nominated:* Nominee Address: City: State: Zip Code: Brief Summary of Find Act (a spontaneous, selfless act towards someone or something): Darryl Sannes 7005 Willow Lane Brk Ctr MN 55}30 763 560 8893 makendmeetp_aol.com NOMINEE Contact Information DaraLynn and Tom and Staff at GeorgeTown Park Townhouses 708 66th Ave N Brk Ctr MN 55430 From June 13 to Sept 1- Monday-Thru Friday **Hundreds of FREE dinner meals were served to children in the Georgetown Park Townhouse Complex. Thanks for allowing this Out of School - summer program to come to your site --Yours was the Only Housing site in BC to host this program 11 You made a big Difference to bids and their parents in our Community I? Thank You a ��, ,_ l e:a,,o ;.�- i MON-FRI, .SNE i3-SEF'r i Random Acts of Kindness Online nomination Form Since 1997 the City of Brooklyn Center has celebrated Random Acts of Kindness. During the month of October the Brooklyn Center City Council recognizes all Brooklyn Center residents and groups who have performed Random Acts of Kindness that help to make our community a wonderful place to live and work. A Random Act of Kindness is a selfless act performed by an individual, organization, or group towards someone or something. A kind act is "random" when it is -spontaneous and unexpected — done simply out of the will to extend goodness without expecting anything in return. Anyone may nominate someone who has performed an act of kindness in the past year. Complete and submit the Online Nomination Form. You may submit up to four (4) nominations. All Random Acts of Kindness nominees are recognized by the City Council during a regularly scheduled televised October meeting and presented a certificate. Join us in celebrating kindness in our community. Nominate an individual, organization, or group today! "No act of kindness, however small, is ever wasted." -Aesop Being Nominated:* Nominee Address: 6830 Quail Ave PJ City: BC State: M N Zip Code: 55429 Brief Summary of Kind Act (a spontaneous, Thank you for Creating A FREE Clothing Closet and being open the first selfless act towards someone or something): Saturday Of each Month - for all in the Community to use 1 NOMINATOR Contact Information Nominator Name:* Darryl Sannes Address:* 7006 Willow Lane City:* Brk Ctr State: * MN Zip:* 55430 Daytime Phone Number: 7630 560 8893 Email Address:* makendmeet@aol.com NOMINEE Contact Information NOMINEE Individual Group or Organization Bonnie Nelson and All Nations Christian Fellowship Being Nominated:* Nominee Address: 6830 Quail Ave PJ City: BC State: M N Zip Code: 55429 Brief Summary of Kind Act (a spontaneous, Thank you for Creating A FREE Clothing Closet and being open the first selfless act towards someone or something): Saturday Of each Month - for all in the Community to use 1 Random Acts of Kindness Online Nomination Form Since 1997 the City of Brooklyn Center has celebrated Random Acts of Kindness. During the month of October the Brooklyn Center City Council recognizes all Brooklyn Center residents and groups who have performed Random Acts of Kindness that help to make our community a wonderful place to live and work. A Random Act of Kindness is a selfless act performed by an individual, organization, or group towards someone or something. A kind act is "random" when it is spontaneous and unexpected — done simply out of the will to extend goodness without expecting anything in return. Anyone may nominate someone who has performed an act of kindness in the past year. Complete and submit the Online Nomination Form. You may submit up to four (4) nominations. All Random Acts of Kindness nominees are recognized by the City Council during a regularly scheduled televised October meeting and presented a certificate. Join us in celebrating kindness in our community. Nominate an individual, organization, or group today! "No act of kindness, however small, is ever wasted." -Aesop NOMINATOR. Contact Information Nominator Name:* Diane Sannes Address:* 7006 Willow Lane City:* Brooklyn Center State: * PAN Zip:* 55430 Daytime Phone Number: 763 560 8893 Email Address:* makendmeeta,aol.com NOMINEE Contact Information NOMINEE Individual, Group, or Organization Being Nominated:' Mark Block and Staff at Caribou Coffee -Einstein Bros Bagel Nominee Address: 1180 Shingle Creek 4aaAwvay # 102 City: Brooklyn Center Cf®SSifn State: MN Zip Code: Brief Summary of Find Act (a spontaneous, selfless act towards 55430 Thank You for your Food Donations in support of the someone or something): Brooklyn Center community I V BAGELS =St£IN B9 - __ ___ WON 1 BACE�S � - 0 Random Acts of Kindness Online Nomination Form Since 1997 the City of Brooklyn Center has celebrated Random Acts of Kindness. During the month of October the Brooklyn Center City Council recognizes all Brooklyn Center residents and groups who have performed Random Acts of Kindness that help to make our community a wonderful place to live and work. A Random Act of Kindness is a selfless act performed by an individual, organization, or group towards someone or something. A kind act is "random" when it is spontaneous and unexpected — done simply out of the will to extend goodness without expecting anything in return. Anyone may nominate someone who has performed an act of kindness in the past year. Complete and submit the Online Nomination Form. You may submit up to four (4) nominations. All Random Acts of Kindness nominees are recognized by the City Council during a regularly scheduled televised October meeting and presented a certificate. Join us in celebrating kindness in our community. Nominate an individual, organization, or group today! "No act of kindness, however small, is ever wasted." -Aesop NOMINATOR Contact Information Nominator Name:* Diane sannes Address:* 7006 Willow lane City:* BC State: * Mn Zip:* 55430 Daytime Phone Number: 763 560 8893 Email Address:* Makendmeet(cDaol.com NOMINEE Contact Information NOMINEE Individual, Group, or Organization BC Walmart Manager Kristin Wolf Being Nominated:* Nominee Address: 1200 Shingle Creek Crossing City: BC State: MN Zip Code: 55430 THANK YOU. For Making our school students NEEDS a priority in your Giving Brief Summary of Kind Act (a spontaneous, selfless act towards someone or something): Back to the Community 1! Students Say BC Walmart ROCKs HI Thank You L �,f� `�� � � „-r - y , � ,,�, - - _.. ,: , -_ r _ ,_� .__ .,. , , ,T-. - �, /~ rt .�.� is �: -�—�., :. ., 1'� �,��..'"" Vii. r�-�� :.'@I —��,3 - J -- F _ _ �i����' � .a� � 817 - � PR ���\�� � w �so� . , m � - - _ c y a a __ � - -. '� - t._7 _ �— !{ it �� ( � I \ rl � l'' '�- ' <��.+ _ ,nom �( -- i I � _ �__ :: SFr d�",! -� -_ '� .rim Wal rt � _ '� �' ��� ti���E�_ � ill '�� ��' �G' �,-. ' � ,LL��������� �� f �. � = _,�. , .a L .! .. _ '.. f..J _ � _.. - . ..may Random Acts of Kindness Online Nomination Form Since 1997 the City of Brooklyn Center has celebrated Random Acts of Kindness. During the month of October the Brooklyn Center City Council recognizes all Brooklyn Center residents and groups who have performed Random Acts of Kindness that help to make our community a wonderful place to live and work. A Random Act of Kindness is a selfless act performed by an individual, organization, or group towards someone or something. A kind act is "random" when it is spontaneous and unexpected — done simply out of the will to extend goodness without expecting anything in return. Anyone may nominate someone who has performed an act of kindness in the past year. Complete and submit the Online Nomination Form. You may submit up to four (4) nominations. All Random Acts of Kindness nominees are recognized by the City Council during a regularly scheduled televised October meeting and presented a certificate. Join us in celebrating kindness in our community. Nominate an individual, organization, or group today! "No act of kindness, however small, is ever wasted." -Aesop NOMINATOR Contact Information Nominator Name:* Diane Sannes Address:* 7006 Willow Lane City:* BC State: * MN Zip:* 55430 Daytime Phone Number: 763 560 8893 Email Address:* Makendmeet(a)aol.com NOMINEE Contact Information NOMINEE Individual Group or Garden City Elem School Mr Branch and Sally Mays Organization Being Nominated:* Nominee Address: City: State: Zip Code: Brief Summary of Kind Act (a spontaneous, selfless act towards someone or something): 3501 65th Ave N BC MN 55429 To all the staff at Garden City-- Thanks so much for supporting the Little Free Library. in Garden City Park We love to Read and Share the books that you fill this outdoor Community Library with!! „�� e Random Acts of Kindness Online Nomination Form Since 1997 the City of Brooklyn Center has celebrated Random Acts of Kindness. During the month of October the Brooklyn Center City Council recognizes all Brooklyn Center residents and groups who have performed Random Acts of Kindness that help to make our community a wonderful place to live and work. A Random Act of Kindness is a selfless act performed by an individual, organization, or group towards someone or something. A kind act is "random" when it is spontaneous and unexpected — done simply out of the will to extend goodness without expecting anything in return. Anyone may nominate someone who has performed an act of kindness in the past year. Complete and submit the Online Nomination Form. You may submit up to four (4) nominations. All Random Acts of Kindness nominees are recognized by the City Council during a regularly scheduled televised October meeting and presented a certificate. Join us in celebrating kindness in our community. Nominate an individual, organization, or group today! "No act of kindness, however small, is ever wasted." -Aesop NOMINATOR Contact Information Nominator Name:` Diane Sannes Address:* 7006 Willow Lane City:* Brk Ctr State: * RAN Zip:* 55430 Daytime Phone Number: 763 560 8893 Email Address:* makendmeet(aDaol.com NOMINEE Contact Information NOMINEE Individual, Group, or Organization Being Michael Wilkinson and staff at BC McDonalds Nominated:* 5525 Xerxes ave N Nominee Address: City: Brk Ctr State: RAN Zip Code: Kind Act (a spontaneous, selfless act 554x9 Thank You for your Food Donations in support of the Youth of Brief Summary of towards someone or something): the Brooklyn Center community o Broo n Cesstcr �'i �.r � \_�_ Resndom Acts of%issdssBss NomBnastiose Forms '�` �: A Nomiae:or moy aofrrip�a pP tpj-our (4) Nomisrr¢s. Nomisvator - Namr- S � r .�.f ( i' � - 6vaat aaarosa- -58,Zci �3�A,r :N.:/ mgt 9 IP tAo W clay, akae., aP cps - tt � rk - :. , f3 m�'klyot �ci^ Fec M tJ EnuNl_ Tetaphene= _ _ NO7JlIHBB _ Issdividrsa[ OR Oi assization or Grosr Intlividual's Nama_.�l-�'` - Name of Organlaallan or Group= � . ._` Street Address. �� i � ` ht pJ \' Street Address= CflY. State. ZIP Colo: � N� \� cIH. Stab. 21P Coda-- F_rttalL- Email_ Talsphona= � � a d- X10 6 ry Telephone: BrbT summary of tdnd ask—a apoMatwous. selfless eek kowaNs semaens or aomathtnp (use addltlenal sheets fl necessary or submit saWrata latkar) �o�� C�s� ��� � �� c RofYrlt Nominakton Fonn BY SEPTEMBER 22, 2016, to_ tatty of Btneklyn center, flan lom acts of IChrthreas, ORtce of the Mayor. 6301 6hingte Creek Parkway, Brooktyn Center, MN 55430. C%ty of�Brooklyzz C¢nt¢r ��,�� - Xtetsdoszs Acts of%indness Nomin�tiozz Fortsz A Nouzinutor amy aoaeireat¢ up to,torsr (4) Nonziu¢¢s_ - Retum Nomination Form BY SEPTEMBER 22, 2pla, to: Gtb of Brooklyn Can{•r, Random Acts of Kindness, Office of the Mayor, 630'1 Shingia Creek Parkway, BrooWyn Center, MN 55430. Nominator Nama- 7 e� txre� are �_ ctb, arae•, ztP coag: __ � ��� Email: A riel�llird S c -n a 71.0 srl Telephone:_ , � 50B �� as Retum Nomination Form BY SEPTEMBER 22, 2pla, to: Gtb of Brooklyn Can{•r, Random Acts of Kindness, Office of the Mayor, 630'1 Shingia Creek Parkway, BrooWyn Center, MN 55430. Nomisz¢e Izzdividual OR O ssniyation or Gro 1 ie��al's N •: Name of Organization or Group: s •t Hca ••: f street Haar•••: clb, state, zlv oaa: � Z � Cib. stem. ZIP Coda: Emal : Parcell: Talaphona:�l a � �O O T•lephon•: Brl•f summary of W na act — a apomm�aopa. •eigass aot towards aomaona or ••m•thing (ase aaarigonal :heats If necessary tzr submit separpat� latter) y Gwl � W,�CMief_r � �( � � J /� OF IJ •60k1�(Yl y,A f'("r0! ��Ltu�IA�S`� GG��Irch . 1-7�,�II.P tal..�a,/s L,el�s ot..Y a-1- �fL.e Gi-tu: ziG, . �(�. )ne IpS Ccx>k �.� t'i-vG� �/�tcbterl !—!G S rc,. S�� rn�j� -�r aucf[on5 , i�a5 Sold Gd�c.-f151n� �' r oc� ��t+`�o1� 10001,E . � d o�s,1� .y.tt �-Inoui- A� t rt `� �'� ��� Retum Nomination Form BY SEPTEMBER 22, 2pla, to: Gtb of Brooklyn Can{•r, Random Acts of Kindness, Office of the Mayor, 630'1 Shingia Creek Parkway, BrooWyn Center, MN 55430. - City t>fsrookry¢ ceszr¢r � , R¢ndostt Acts ofK$iedness Nott:itt¢tion Fort¢ - ANomtnator ntrry rtomLtaae up toJorrr (4) Noniiuees. Nomluee Issdstddu¢[ OR O ¢xsz¢tiou or Gr'ou Inaivlauat'a N mo: Name of Organization or Oroup: 1 � ro. � straw: as. � ! stnaot aearasa: CI a, Z oda: fl V city, state, Zip coag: Emag: h 1 I %.p3 GO I • (_�j t✓\ Ercall: Telephone: b 5�, Sr}aS Telephone: Brlaf summary of Mna act — a spontaneous, aeMess act towards someone or something (use adaHional sheets if naoessary or aubmH aeparata latter) 'plrti� (.P C6rylcs iz� vny 1'xx,i5� at^GI has loloin/(xJ ✓ny dr(1eWAi 1vr QS l� aS 2 Can ����.i'�^�In�loe(-. I c�,iv�/����� �fit�:� NO inl �N {� W V1CI'1 -I— WO r/ -'TU l � VJ O (A I (;i lJ�r' r< � ho v� I'ed put- and l -ie I�acJ ��Iv��% "^Y c►".ie / s VJhe S-1eY�S and m ade sulk T C ou I d g e1(-- a w f- �nJe ha(� Gori- days {/�-,�It� would Come -fo f6,e Douse �d C►'�Ck ori r1 ->e , Ratum Nomina[ien Form BY SEPTEMBER Z2, 2016. to: City of BrooKlyn Center, Random Acta of Kirrdnasa, Olftca of the Meyer, 6301 Shingle Creek Parkes®y, BrooMyn Center, MN 55430_ Nonslu¢tor - Name: a street areae: - � / � V city, ata zlp owe. �yfef .-,. Ercall: Telephone: � � 9 � y / Nomluee Issdstddu¢[ OR O ¢xsz¢tiou or Gr'ou Inaivlauat'a N mo: Name of Organization or Oroup: 1 � ro. � straw: as. � ! stnaot aearasa: CI a, Z oda: fl V city, state, Zip coag: Emag: h 1 I %.p3 GO I • (_�j t✓\ Ercall: Telephone: b 5�, Sr}aS Telephone: Brlaf summary of Mna act — a spontaneous, aeMess act towards someone or something (use adaHional sheets if naoessary or aubmH aeparata latter) 'plrti� (.P C6rylcs iz� vny 1'xx,i5� at^GI has loloin/(xJ ✓ny dr(1eWAi 1vr QS l� aS 2 Can ����.i'�^�In�loe(-. I c�,iv�/����� �fit�:� NO inl �N {� W V1CI'1 -I— WO r/ -'TU l � VJ O (A I (;i lJ�r' r< � ho v� I'ed put- and l -ie I�acJ ��Iv��% "^Y c►".ie / s VJhe S-1eY�S and m ade sulk T C ou I d g e1(-- a w f- �nJe ha(� Gori- days {/�-,�It� would Come -fo f6,e Douse �d C►'�Ck ori r1 ->e , Ratum Nomina[ien Form BY SEPTEMBER Z2, 2016. to: City of BrooKlyn Center, Random Acta of Kirrdnasa, Olftca of the Meyer, 6301 Shingle Creek Parkes®y, BrooMyn Center, MN 55430_ City Council Agenda Item No. 7c City Council Agenda Item No. 9a COUNCII. ITEM MEMORANDUM DATE: October 24, 2016 TO: Curt Boganey, City Manag9�, FROM: Tim Benettr, Planning and Z_onJing Specialist THROUGH: Gary Eitel, Director of Business and Development j„ - SUBJECT: Resolution Regarding the Disposition of Planning Commission Application No. No. 2016-009, Submitted by Gatrin Development Company Requesflng Approval of a planned Unit Development Amendment No. 8 to the 2011 Shingle Creek . Crossing Planned Unit Development (Located at 1150, 1050, 1020, 1000, 1100 Shingle Creek Crossing and 2501 County Road 10) Recommendation: It is recormnended the City Council adopt the Resolution regarding the disposition of Planning Commission Application No. 2016-009, submitted by Gatrin Development Company requesting approval of a Planned Unit Development Amendment No. 8 to the 2011 Shingle Creek Crossing Planned Unit Development, located at 1150, 1050, 1020, 1000, 1100 Shingle Creek Crossing and 2501 County Road 10. Background: On September 29, 2016, the Planning Commission gave initial consideration of Planning Application No. 2016-009, submitted by Gatlin Development requesting an amendment to the Shingle Creek Crossing Planned Unit Development of 2011. This PUD Amendment would be the eighth amendment filed within this project area. This Amendment No. 8 requests authorization for the Developer to implement the following changes or add the following uses: a) replat the Former Kohl's property (2510 County Road 10) into three separate lots; along with replatting the five lots generally situated between Walmart and Shingle Creek waterway (1150, 1050, 1020, 1000, and 1100 Shingle Creek Crossing) into a new subdivision to be titled "Shingle Creek Crossing 6'� Addition"; b) adding new Building W, a 6,300 sf. multi -Tenant commercial btulding, with an approved reduced setback of 20 -feet from adjacent County Road 10 right -of --way; c) the relocation and enlargement of Building X (previously approved under PUD Amendment No. 7 - 11/09/15) from 9,400 sf. to 19,800 sf.; and d) allow the reuse and repurpose of the old Kohl's building (Building Y) into interior -only self -storage warehouse facility with reduced parking ratio. Mlsslort: Eua+ in%++++ nftrnc/ive, clar srl. +c/nslve +#ry 1/ina enbnnces Oie 4++n/!ry jyr j r n/l Pe p/e z:dP+'ese+vcs tl r+P++b/rc frust A public hearing was duly noticed for the September 29th meeting, at which time a Planning Staff Report was provided; a presentation was made that highlighted the proposed development changes; and comments were received from the public. The lone comments that night were from Pete Deanovic of Buhl Investors, who represents the third -party developers interested in developing the self -storage use inside the Kohl's building. (The 09/29/16 Planning Staff Report and Planning Commission meeting minutes are appended to this Council Summary Memo). After Mr. Deanovic's comments, a number of Planning Commissioners voiced concerns of this PUD application, most notably the disappointment of reconverting the old Kohl's site into a self - storage use at this location. Other comments leaned towards leaving the Kohl's space as future retail/commercial space, which would provide for more attractive uses that draw more clients and/or shoppers to this retail center of the community. More information was requested, and the Commission made a motion to table this item to the October 13, 2016 meeting. At the October 13th Planning Commission meeting, planning staff provided a brief update, along with a new set of conceptual building elevation plans from Mr. Deanovic illustrating the planned upgrades to the Kohl's building. The updated report also contained a very preliminary [draft] concept plan of a new HOM Furniture store layout on the Kohl's site, which was submitted to the city by HOM representatives. This HOM layout would essentially negate the need for most of the new platting in this area; removes Building W from the PUD plan; and moves Building X back to its original (planned) location shown under PUD Amendment No. 7 (2015). The HOM plan was forwarded to the Planning Commission as part of Planning Staff s ongoing efforts to keep the Commission fully apprised of any potential developments proposed on this Kohl's site, since they have expressed on prior multiple occasions their interests in knowing any new plans or updates in this area. Before proceeding on this item, Staff asked the Planning Commission not to discuss or consider the HOM concept plan that was provided in their packets at this time, as the plan was not part of this PUD Amendment request, and should therefore be disregarded under this PUD consideration. At the October 131h meeting, the Planning Commission elected to open the public hearing again, and Mr. Deanovic provided a separate presentation of the history, benefits and advantages of the proposed self -storage use at this location. During and after the hearing, the Planning Commission engaged in direct dialogue with Mr. Deanovic, and asked for additional input from Planning Staff on all facets of this PUD Amendment request. A number of Commissioners voiced favorable comments on the proposed self -storage use, and expressed a new level of comfort in supporting this storage use, due in part to the presentation made by Mr. Deanovic, and his updated building plans. Some Commissioners echoed their same concerns from the September 291h meeting, in that the storage use was not a good fit for this development, and the Kohl's site should remain a general retail/commercial use instead. (The 10/13/16 Planning Staff Memo and Mr. Deanovic's presentation are attached). Mission. Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the puhlic trust Upon closing the hearing and final comments, the Planning Commission made a motion to accept and adopt the original draft Resolution No. 2016-11, which provided a recommendation of approval of the PUD Amendment No. 8, with certain findings and conditions. This resolution was adopted on a 4-2 vote. (Excerpts minutes fi om the October 131h meeting are attached.) Budget Issues: There are no budget issues. Strategic Priorities: ® Targeted Redevelopment Mission: Ensuring an attractive, clean, safe, inclusive eonununity that enhances the quality of life for all people and preserves the public trust adoption: Member introduced the following resolution and moved its RESOLUTION NO. 2016 - RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2016-009 SUBMITTED BY GATLIN DEVELOPMENT COMPANY FOR A PLANNED UNIT DEVELOPMENT AMENDMENT NO. 8 TO THE 2011 SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT (LOCATED AT 1150, 1050, 1020, 1000, AND 1100 SHINGLE CREEK CROSSING AND 2501 COUNTY ROAD 10) WHEREAS, the City Council of Brooklyn Center adopted Resolution No. 2011-85, dated June 13, 2011, which is considered the first amendment to the previously approved 1999 Brookdale Mall Planned Unit Development, whereby this amendment approved the establishment of the new Shingle Creek Crossing Planned Unit Development, and which included an approved Development/Master Plan and certain allowances and development standards that would govern over the PUD; and WHEREAS, the City Council subsequently adopted City Resolution No. 2011-127, dated September 12, 2011, which approved the first amendment to the original Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, the City Council subsequently adopted City Resolution No. 2012-106, dated August 13, 2012, which approved the second amendment to the Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, the City Council subsequently adopted City Resolution No. 2012-129, dated September 24, 2012, which approved the third amendment to the Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, the City Council subsequently adopted City Resolution No. 2013-124, dated October 14, 2013, which approved the fourth amendment to the Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, the City Council subsequently adopted City Resolution No. 2013-72, dated July 8, 2013, which approved the fifth amendment to the Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, the City Council subsequently adopted City Resolution No. 2014-75, dated June 9, 2014, which approved the sixth amendment to the Shingle Creels Crossing Planned RESOLUTION NO. 2016 - Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, the City Council subsequently adopted City Resolution No. 2016-170, dated November 9, 2015, which approved the seventh amendment to the Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, Gatlin Development Company submitted Planning Application No. 2016-009, which is considered the eighth amendment to the Shingle Creek Crossing Planned Unit Development, by allowing certain changes to the approved 2011 Shingle Creek Crossing Planned Unit Development; and WHEREAS, the proposal comprehends additional adjustments not approved under the 2011 Shingle Creek Crossing Planned Unit Development and the related 2011 PUD Agreement, specifically the proposed amendments to be comprehended under this application include the following: a) authorize the replatting the former Kohl's property, located at 2510 County Road 10 into three separate lots, along with the replatting of the five lots generally situated between Walmart and Shingle Creek daylight waterway, and addressed as 1150, 1050, 1020, 1000, and 1100 Shingle Creek Crossing, into a new subdivision to be titled "Shingle Creels Crossing 6t" Addition"; b) allow a new proposed Bldg. W, a 6,300 sf. multi -tenant commercial building, with an approved reduced setback of 20 -feet from the adjacent County Road 10 right-of-way; C) allow the relocation and enlargement of previously approved Building X, from 9,400 sf. to 19,800 s£ ; and d) allow the reuse and repurpose of the old Kohl's building (new Bldg. Y) into an self -storage, interior only warehouse facility with reduced parking.; and WHEREAS, the Planning Commission held a duly called public hearing on September 29, 2016, whereby a staff report and public testimony regarding the Planned Unit Development Amendment were received and considered by the Planning Commission; and the Planning Commission gave proper consideration of this Planned Unit Development Amendment request by utilizing the guidelines for evaluating such amendments as contained in Section 35- 355 of the City's Zoning Ordinance and the City's Comprehensive Plan, and the Planning RESOLUTION NO. 2016 - Commission made a motion to close the public hearing, and elected to table Planning Application No. 2016-009 to the following meeting to allow the Applicant time to submit additional information for their review and consideration; and WHEREAS, on October 13, 2016, the Planning Commission met at their regular meeting, and were presented with a follow-up staff report, and elected to re -open the public hearing to allow additional input fiom the public, which included a formal presentation by a developer working with the Applicant in this case, and include updated conceptual building elevation plans of the improvements to be made within the Shingle Creek Crossing PUD project area, and additional information and testimony regarding the Planned Unit Development Amendment were received and considered by the Planning Commission; and the Planning Commission once again gave proper consideration of this Planned Unit Development Amendment request by utilizing the guidelines for evaluating such amendments as contained in Section 35-355 of the City's Zoning Ordinance and the City's Comprehensive Plan; and WHEREAS; in light of all testimony received, the Planning Advisory Commission of the City of Brooklyn Center did determine that Planning Application No. 2016- 009, submitted by Gatlin Development Company, should be approved based upon the following findings and considerations: A. The replatting of the former Kohl's property into three separate lots for an existing building site and two new retail commercial pad sites; along with the replatting of Bldg. Pad Sites L, M, O, Q, and N/S, will promote and enhance the general public welfare of this PUD, as it maintains and keeps the redevelopment activity of this site intact and ongoing; B. The replatting of the Bldg. Pad Sites L, M, O, Q, and N/S is found to be a reasonable request and provides an ideal opportunity for the City to explore or finalize potential options of expanding the daylighting features of the Shingle Creek waterway in this development area; which in turn will provide increased aesthetic elements for future development sites within the PUD, and may help to increase water quality; C. The reduced setback allowance for Bldg. W at 20 -feet along County Road 10 is consistent with those reduce setback allowances granted under the original 2011 Shingle Creek Crossing PUD Agreement; D. The additional Bldg. W pad site and relocated/expanded Bldg. X pad site reflects a growing demand and need for this area, which benefits and sustains the ongoing efforts to market and complete the overall Shingle Creek Crossing PUD Plan by the Developer; RESOLUTION NO. 2016- E. The additional lot and firture building site, along with the acknowledgement by the City that all new Buildings and Pad Sites will meet the required parking standards established by the Shingle Creek Crossing PUD Agreement, should not be detrimental or pose any threat or danger to the general public; F. The additional lot and future building site will not be injurious to the use and enjoyment of other uses in this Shingle Creek Crossing PUD; G. The allowance of a self -storage facility with interior warehousing and storage only, with no outside storage or parking of vehicles or personal items, should not be injurious to the use and enjoyment of other uses in this Shingle Creek Crossing PUD; H. The additional lot and future building site, the reduced setback allowance for Bldg. W, and the allowance for the self -storage use will not impede the normal orderly development and proposed improvements of this Shingle Creek Crossing PUD; I. With the addition of Bldg. W, the relocation and enlargement of Bldg. X, and the reduced parking numbers and ratio allocated to Bldg. Y, the overall Shingle Creek Crossing PUD site will have adequate measures in place to maintain and provide suitable access and shared parking within the site; and J. The proposed layout of all new development lots and all new buildings, including reduced setbacks and any other related flexibility or reductions identified on said Shingle Creek Crossing PUD Plans (dated 09/14/2016) are hereby acceptable and approved. WHEREAS, the Planning Advisory Commission of the City of Brooklyn Center did determine that the guidelines for evaluating Planned Unit Development Amendment, as contained in Section 35-355 of the City's Zoning Ordinance, have been met, and the proposal is therefore, in the best interest of the community. AND WHEREAS, upon acceptance of all public comments and discussion of this item, the Planning Commission adopted Planning Commission Resolution No. 2016-11, which provides a favorable recommendation (by 4-2 vote) to the City Council, that this request submitted by Gatlin Development Company under Planning Application No. 2016-009, which is considered the eighth amendment to the Shingle Creek Crossing Planned Unit Development, by RESOLUTION NO. 2016 - allowing certain changes to the approved 2011 Shingle Creek Crossing Planned Unit Development, should be approved by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of Brooklyn Center, Minnesota that this request submitted by Gatlin Development Company under Planning Application No. 2016-009, which is the eighth amendment to the Shingle Creek Crossing Planned Unit Development, by allowing certain changes to the approved 2011 Shingle Creek Crossing Planned Unit Development, and the findings of approval as noted herein are hereby acceptable, and this PUD Amendment request is hereby approved subject to the following conditions: 1. Developer is allowed to amend the 2011 Shingle Creek Crossing Planned Unit Development by replatting the former Kohl's site, located at 2501 County Road 10, into the three new lots, along with replatting the five lots generally located between the existing Walmart and the Shingle Creek waterway, addressed as 1150, 1050, 1020, 1000, and 1100 Shingle Creek Crossing, into the "Shingle Creek Crossing 6th Addition". 2. Developer is allowed to reuse or repurpose (develop) the existing 75,000 sq. ft. building space located on Bldg. Y site into an interior only, self - storage facility. This commercial self -storage site shall not allow outdoor storage of personal or commercial vehicles, including rental trucks or trailers, boats and/or trailers,. recreational vehicles (of all forms), miscellaneous equipment and other personal property items, on this site, nor any other parking areas inside the Shingle Creek Crossing development. 3. A separate Site and Building Plan application will be required for new Bldg. W; the relocation and enlargement of Bldg. X; and the new improvements for Bldg. Y. 4. Developer is granted a reduction to the amount of parking normally required on this Bldg. Y site due to the acceptable limited nature of a proposed self -storage use, and the lower levels of expected (estimated) vehicle traffic and trip generations attributed to such use. 5. 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. 6. Developer shall comply with all conditions or request of additional information as noted in the City Engineer Review Memorandum, dated Sept. 21, 2016. RESOLUTION NO. 2016- ATTEST: 7. Unless amended otherwise or under separate agreement, all existing provisions, standards and variations provided under the 2011 Shingle Creek Crossing PUD and subsequent amendments, shall remain in effect for the entire Shingle Creek Crossing Planned Unit Development. 8. Any future PUD amendments or application requests will require the submittal and adoption (acceptance) of an updated master plan, which plan shall govern the planned and future redevelopment areas of this site. 9. No other allowances as illustrated or indicated on the submitted "Shingle Creek Crossing PUD Amendment No. 8 Plans (dated 09/14/2016) shall be comprehended or permitted under this specific approval. 10. The Developer shall enter into and execute an updated PUD Agreement (or similar document) as prepared by the City Attorney. October 24, 2016 Date City Clerk Mayor The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA OCTOBER 13, 2016 1. CALL TO ORDER The Planning Commission meeting was called to order by Chair Christensen at 7:00 p.m. 2. ROLL CALL Chair Randy Christensen, Commissioners Jack MacMillan, Stephen Schonning, Susan Tade, and Rochelle Sweeney, and Alexander Koenig were present. Commissioner Carlos Morgan was absent and unexcused. Also present was Councilmember Dan Ryan; Secretary to the Planning Commission Tim Benetti, and Michaela Kujawa-Daniels, TimeSaver Off Site Secretarial, Inc. 3. APPROVAL OF AGENDA — OCTOBER 13, 2016 There was a motion by Commissioner MacMillan, seconded by Commissioner Schonning, to approve Planning Commission Meeting Agenda. 4. APPROVAL OF MINUTES — SEPTEMBER 29, 2016 There was a motion by Commissioner Schonning, seconded by Commissioner Koenig, to approve the minutes of the, September 29, 2016 special meeting as submitted. The motion passed unanimously. 5. CHAIR'S EXPLANATION Chair Christensen explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. 6. PLANNING APPLICATION ITEMS 6a) APPLICATION NO. 2016-009 GATLIN DEVELOPMENT COMPANY PROPERTY ADDRESS: 2510 COUNTY ROAD 10 (ETAL) Chair Christensen introduced Application No. 2016-009, consideration of Amendment No. 8 to the Shingle Creels Crossing Planned Unit Development of 2011, to allow the re -adjustment and re -subdivision of properties situated between Walmart and Shingle Creek waterway; the re- adjustment and relocation of Building X; the addition of new building W; and to repurpose the PC Minutes 10-13-16 -1- DRAFT old Kohl's building into a self -storage, interior -only warehouse facility with reduced parking. (See Planning Commission Reports dated 09-29-2016 for Application No. 2016-009.) This item is a continuation of the item that was tabled from the September 29, 2016 meeting. Secretary to the Planning Commission Tim Benetti began the Planning Staff presentation by stating that the Planning Commission packet for tonight's meeting consisted of an updated Planning Staff Report, which contained copies of the updated conceptual building plan elevations being proposed by Buhl Investors (Pete Deanovic, as representative) working with Gatlin Development to bring the self -storage use to the Kohl's site. Mr. Benetti further explained the report also contained a very conceptual layout plan submitted by HOM Furniture representatives, which indicates a separate potential development contemplated by Gatlin Development group for this same area. This plan was offered to the Planning Commission as part of the Commissions' request to staff to keep them apprised and informed of possible development proposals in this PUD area. Mr. Benetti stated that since Buhl Investors have an agreement with Mr. Gatlin to potentially develop this Kohl's site, they are essentially tied into the PUD Amendment request that is before them tonight. The HOM plan is not part of this PUD request, nor under any obligations with Gatlin Development at this time and therefore must be disregarded for now. No questions or comments should be made in relation to this plan or considered by the Planning Commission in formulating any opinions, decision-making or recommendations made on this request. Mr. Benetti then presented the updated plans submitted by Buhl Investors, and provided a timeline of how this area was originally presented for re -platting (up to this point); and instructed the Planning Commission that they have the option to re -open the public hearing that was officially closed at the September 291h meeting; allow additional comments; and choose to make a recommendation or table the matter once again to a later meeting. Mr. Benetti stated the report for tonight's meeting included a recommendation the PUD be tabled until the next meeting. This was due to the fact that city staff have not completed a review and report on the related (but separate) Planning Application No. 2016-010, the preliminary plat of Shingle Creek Crossing 6th Addition, which directly impacts these PUD Amendment areas. Mr. Benetti however, stated city staff received a letter from Mr. Frank Gatlin earlier this week (10/12/16), indicating his desire and directive that this item not be tabled tonight; and allow it to proceed with a recommendation from the Planning Commission, and forward on to the City Council for final considerations. Mr. Benetti offered any questions or comments. Chair Christensen requested they defer questions to staff until he determines if the Commission would like to re -open the hearing. Chair Christensen asked what the wishes of the Planning Commission are. There was a motion by Commissioner Tade, seconded by Commissioner MacMillan, to open the public hearing on Application No. 2016-009, at 7:19 p.m. PC Minutes 10-13-16 -2- DRAFT OPEN TO PUBLIC COMMENTS — APPLICATION NO. 2016-009 Chair Christensen called for comments from the public. Peter Deanovic, Buhl Investors, Edina, MN (the third -party developer) — addressed the Commission and provided a PowerPoint presentation of the proposed self -storage use, which included their history, benefits, advantages, and examples throughout the metro area and nationwide of this use in other communities or similar mixed use developments. Mr. Deanovic explained the proposed building improvements and enhancements they intend to carry -out, and how this use will complement the Shingle Creek Crossing center, but also provide storage options for the new tenants next door when the city completes the multi -family development across from Bass lake Road (i.e. the Opportunity Site). Mr. Deanovic also showed the proposed entrances and loading areas as well as where an office may sit within the building. He noted they choose the entrances in areas that would minimize the visuals of that traffic to anyone from the major roads surrounding. He stated the office hours for this location will be Monday through Friday from 9:30 a.m. to 6 p.m. and will be closed Sunday. Existing clients will have access to their storage unit additional hours of 6 p.m. to 10 p.m. He noted some types of businesses using this storage service are restaurants, retailers, contractors, pharmaceutical sales representatives, realtors and non-profit companies. Peter Deanovic further noted that there group is a partnership between Buhl Investors and Extra Space, with S&P 500 Companies as investors or backers of these developments. Commissioner Sweeney asked what the costs are for renting a space in this facility. Mr. Deanovic stated a 10 x 10 unit is about $130/month as an example, which is somewhat comparable with the other national or competitor brands. Commissioner Koenig asked if they plan to specifically market to a higher profit business. He stated they don't intend to price much higher than other storage spaces. He stated they do provide a different product and quality so there may be a slight price difference however; they plan to keep it as competitive as possible. Commissioner MacMillan asked if they have contracts for a certain length of time. Mr. Deanovic stated the typical contract is month to month. He noted the average length of contract is 13 months. Commissioner MacMillan asked what type of equipment they have for clients to use. Mr. Deanovic stated they have dollies, flatbed carts, boxes and tape for use. Commissioner Tade asked how they intend to provide access to the second level for upper level storage. Mr. Deanovic stated they are planning to use the existing freight elevator and will be adding an additional elevator for use as well. MOTION TO CLOSE PUBLIC COMMENTS (HEARING) PC Minutes 10-13-16 -3- DRAFT There was a motion by Commissioner Macmillan, seconded by Commissioner Sweeney, to close the public hearing on Application No. 2016-009, at 7:43 p.m. Commissioner Koenig stated he feels this property is not ideal or what the Commission envisioned for this location; however, he stated the presentation and financials seem good to him personally, and that it seems they plan to cater to needs of the consumers in the area. Chair Christensen stated he appreciates the work Mr. Deanovic/Buhl Investors put in to the concepts presented tonight, and he noted the concept of having another building in front of this self -storage use off highway 100 was interesting, and that it all helped him put things together for him. He stated he too has visited the other locations, and done research to see how the business works and encompasses the retail market that they hope that area becomes. Commissioner Schonning stated he also appreciated the visuals and feels encouraged by them but still hoped for something different in that space. He asked Mr. Benetti what the property tax impacts may be. Mr. Benetti replied it is usually based on the investments made into the property and value assessment, which is determined by Hennepin County commercial appraisers. He noted he imagines with what Buhl is showing they plan to do with this property it would most likely increase the value for this particular property. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2016-11 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2016-009 SUBMITTED BY GATLIN DEVELOPMENT COMPANY FOR A PLANNED UNIT DEVELOPMENT AMENDMENT NO. 8 TO THE 2011 SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT (LOCATED AT 1150, 1050 1020 1000 AND 1100 SHINGLE CREEK CROSSING AND 2501 COUNTY ROAD 10). There was a motion by Commissioner Sweeney, seconded by Commissioner Koenig to Approve Planning Commission RESOLUTION NO. 2016-11. Voting in favor: Commissioners Tade, MacMillan, Schonning, Koenig and Sweeney. And the following voted against the same: Chair Christensen and Commissioner Schonning The motion passed. 6b) APPLICATION NO. 2016-010 GATLIN DEVELOPMENT COMPANY PROPERTY ADDRESS: 2510 COUNTY ROAD 10 (ETAL) Secretary to the Planning Commission Tim Benetti stated that as noted previously, there was no Planning Report or City Engineer's Review that normally accompanies these types of subdivision request items in the PC Packet for tonight's meeting. Staff elected to hold off on presenting an official review until it was determined by the Gatlin Development which direction the PUD Amendment request would be taking. PC Minutes 10-13-16 -4- DRAFT Mr. Benetti stated city staff will have a full report and review memorandums ready for the next meeting of October 27, 2016. Mr. Benetti instructed the Planning Commission that for now, they must open the public hearing; allow for any comments; and officially table the hearing and plat request item to the October 27th meeting. OPEN TO PUBLIC COMMENTS —APPLICATION NO. 2016-010 There was a motion by Commissioner Koenig, seconded by Commissioner MacMillan, to open the public hearing on Application No. 2016-010, at 8:12 p.m. Chair Christensen called for comments from the public. No one wished to address the Commission. There was a motion by Commissioner Tade, seconded by Commissioner Sweeney, to close the public hearing at this time on Application No. 2016-010, at 8:14 p.m. There was a motion by Commissioner Tade and Seconded by Sweeney to Table this Public Hearing and Planning Application No. 2016-010 until the October 27, 2016 meeting. Motion passed unanimously. 7. PLANNING APPLICATION ITEMS 7a) INFORMATION ON "SMALL HOME HOUSING CLUSTERS", "POCKET NEIGHBORHOODS", AND "TINY HOUSES" FOR USE IN RESIDENTIAL HOUSING DEVELOPMENT OPTIONS. Mr. Benetti provided some background on this item and stated it is for review only right now. He and Mr. Eitel intend to take a look at this development soon and take some pictures and provide those to the Commission to review at a later date. He stated this is just an idea currently to think about in the future. Chair Christensen stated he would like to look at this further in the future, the Commissioners agreed with his sentiments. ADJOURNMENT There was a motion by Commissioner Sweeney, seconded by Commissioner MacMillan, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:23 p.m. Chair PC Minutes 10-13-16 -5- DRAFT GATLIN DEVELOPMENT COMPANY _ October 12, 2016 Gary and Tim, I have reviewetl your October 13, 2016 Planning Staff Memorantlum to the Planning Commission and there are some statements staff has matle In that Memorandum that I believe need to be clarified or corrected for the Planning Commission. • Shingle Creek, LLC has a binding Purchase Agreement with Buhl Investors, LLC and has applied for the referenced amend ment to the Single Creek Crossing Planned Vnit Development to allow it to consummate that Purchase Agreement. • While tt Is true that HOM Furn{ture has contacted me and expressetl renewed Interest in the site, I have expla lnetl to HOM Furniture that the property Is under contratt to Buhl Investors, LLC. I am asking that Staff not recommend Shat the Planning Commission defer action pending furth¢r negotiations between Shingle Creek, LLC and HOM. I Intend to honor my commitment to Buhl. 1 will not enter into an agreement with them so long as Buhl has the Property under contract. • I ask that the Planning Commission promptly consitler and act on my application for PVD Amendment No. 8. As you memorandum states, 1 hav¢ been trying since 2012 to find a retail user for this site but have been unsuccessful. Buhl Investors, LLC has come forward with a protect that addresses concerns regartling storage facilities by limiting all storage to inside storage. 1 ask the Planning Commission m approve my application, so that Buhl Investors, LLC can put the property back into producilve use_ Sincerely, Frank C. Gatlin, III CEO 1301 Fiv�rplam Blvd. • Suim 1900 • Jadwonvill�, PL 32207 (904) 379-4774 •Fax (904) 379-7807 J�, 2 a �" w m � i i �il� �1�� ��� ?::. -- ��i _ _ �` . 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This updated PUD Amendment proposes the following allowances or changes: 1) re -subdivide certain properties in and around the Former Kohl's property and certain properties situated between the Walmart and Shingle Creek waterway; 2) repurpose the old Kohl's building into an interior only, self-storage/warehouse facility with reduced parking; 3) relocate and incroase the gross floor area of new Building X, from 9,400 sf. to 19,800 sf- (originally approved tinder previous PUD Amendment No. 9 -November, 2015); and 4) new Building W, a 6,300 sf. multi -tenant retail/service building with reduced setbacks. During the public hearing process, Mr. Pete Deanovic with Buhl Investors spoke on his g'oup's plan to convert this old Kohl's department store building into an inferior only, self -storage facility with limited parking and some exterior building improvements. The follow-up dialogue revealed a number of concerns t-aised by some Commissioners, most notably the disappointment of reconverting the old Kohl's site into a self -storage facility at this location. A shared consensus appeared to lean towards keeping this old Kohl's space as future retail/commercial space, which would provide for more attractive uses thaT draw more clients and/or shoppers to this retail center of the community. The initial concept plans For the building improvements submitted by Mr. Deanovic were not exactly what city planning staff had in mind for dressing -up or improving the exterior- of the 5CC-PUD Amendment No. 8 Page 2 of 3 Kohl's building, but staff was confident that working with Mr. Deanovic we would be able to encourage and guide Mr. Deanovic in providing a nice updated plan that would fit with the overall architectural features and elements in place throughout the Shingle Ctrzk Crossing project, and provide an updated plan for the Commission to consider. Those plans are attached with this memo report (stamp¢d "A") and are for the Commissioners' Further review and consideration. These updated concept plans now reflect a general consistency with the Shingle Creek Crossing PUD. In a recent update from Gatlin Development, it has been communicated to City Staff that they are currently engaged in new negotiations to lease or sell the old Kohl's building and property to HOM Furniture. A new concept (layout only) plan has been submitted to the City, which illustrates the existing 75,000 sF. Kohl's' building, along with a new two story, 11,000 sf. addition on the west elevation (stamped `B'�. The plan reflects HOM using the former Kohl's two main floor areas and the upper section of the L 1,000 sf. addition, and the lower level would be reserved for another retail use. The new plan also eliminates the need for new Building W in the 2016 PUD Plan Amendment request, and moving new Building X to its original location proposed under the previously approved PUD No. 7 plan of 2015. Ironically, the original Shingle Creek Crossing 6t Addition subdivision plat also approved in November 2105., which re -platted the old Kohl's site into two lots instead of three under the updated SCC 6`h Addition plat (Planning App. No. 2016-01 O), essentially remains unchanged. Planning staff is providin� these two sets of concept plans for the Planning Commission to consider at the Octobor 13 meeting, which will allow staff to engage and record your thoughts, ideas or comments For further consideration of these separate development proposals at a future meeting date. Follow -Up Analysis: Since the closing of the Kohl's store in 2012, staff has been working with Mr. Gatlin and his consultants in securing another retail user of this site. Mn Gatlin has attempted on many occasions to bring in a number of nationally known retail/commercial uses in this area, but to no avail. Planning staff has also been contacted by a number of storage or rental egaiipment opet-ators looking at buying or renting this old Kohl's site, but have indicated the City (and Mr. Gatlin) is not interested in allowing outdoor storage or personal/commercial vehicles and trailers at this location. The initial exception made on the DeanovicBuhl proposal was that all storage would be interior, with no outdoor storage or parking of personal vehicles/equipment. 6645 Humbdtll Avenue North Brooklyn Center, MN 55430-1853 ]63.569.3333 Fan: ]63.561.0]1] SCC-Puo Amentlment No. b Page 3 of 3 Since Mr. Gatlin was unable to secure any retail users of this site, Staff elected to support his Pi 7D Amendment request at this time, due to our understanding thaT this use would hopefully keep the building intact and not ttirquiro the removal or demolition and clearing of another site similar to the old Food Court area of the mall. Staff and Mr. Gatlin agree that although this self -storage use is not the most preferred use or activity in this retail shopping area, the re -use and repurpose maintains some sense of ongoing activity, and brings a small level of economic stability to this shopping center. Because these plans from Deanovic/Buhl Investors and HOM are only conceptual and somewhat premature at this time, planning staff is holding off on providing xny analysis at this time, in order to give the Commission time to review, consider and offer initial comments on these plans. Without (mowing the outcome of the negotiations between Gatlin and HGM, we need to delay any decision -malting until this issue has been resolved. City planning staff is awaiting word from Mr. Gatlin on which direction (or use) he will be selecting to carry forward on this old Kohl's site. Depending on the outcome of this decision, the allowances or modifications proposed under PLTD Amendment No. 8 (PC Application No. 2016-009) may be changing or amended to reflect the prefen�ed plan. Recommendation: Planning staff recommends the Planning Commission makes a motion to table and delay float consideration of Planning Commission Application No. 2016-009, along with the related Planning Commission Resolution No. 2016-11, until the October 27, 2016 meeting. 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2'189 J63.569.3300 Faz: ]63.568.3484 6645 Humboltl[ Avenue North Brooklyn Canter, MN 554 30-1 653 ]63.569.3333 Fax: ]68.561.O7t] J 2 me r t :�.;;; r a I � _ I 'h ' G.Wr.:IH A I1�GHFIO7HL��IHS __.. _.�. :. � � III .����e1���i �. i ii% � IIII�I�II IIIII �$3a��� _5�� I�� b^ ane ��3� �o � �I{ ���ai � � 3 �� „ ��� ��� �� �— �qq ©�� � ��� I i S �/ ©�/ � V ew' i L _ - m V � � i ii% � IIII�I�II IIIII �$3a��� _5�� I�� b^ ane ��3� �o � �I{ ���ai � � 3 �� „ ��� ��� �� �— �qq a��l�� � i .� \` `\\ � � �\ � \ �- 1 k _ k 1 �_- > _ �' � .. ,� i� _ it v��s' "` �— � `� .. j-�' � 1 � i m ��� � Y� __ � i L _ - I . � ,- - � MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SEPTEMBER 29, 2016 1. CALL TO ORDER The Planning Commission meeting was called to order by Chair Christensen at 7:05 p.m. 2. ROLL CALL Chair Randy Christensen, Commissioners Jack MacMillan, Stephen Schonning, Susan Tade, and Rochelle Sweeney were present. Commissioner Alexander Koenig was absent and excused. Commissioner Carlos Morgan was absent. Also present were Director of Business & Development Gary Eitel, and Michaela Kujawa-Daniels, TimeSaver Off Site Secretarial, Inc. 3. APPROVAL OF AGENDA — SEPTEMBER 29, 2016 There was a motion by Commissioner Tade, seconded by Commissioner Schorming, to approve Planning Commission Meeting Agenda. 4. APPROVAL OF MINUTES — SEPTEMBER 15, 2016 There was a motion by Commissioner MacMillan, seconded by Commissioner Schonning, to approve the minutes of the, September 15, 2016 special meeting as submitted. The motion passed unanimously. 5. CHAIR'S EXPLANATION Chair Christensen explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. 6. PLANNING APPLICATION ITEMS 6a) APPLICATION NO. 2016-009 GATLIN DEVELOPMENT COMPANY PROPERTY ADDRESS: 2510 COUNTY ROAD 10 (ETAL) Chair Christensen introduced Application No. 2016-009, Consideration of Amendment No. 8 to the Shingle Creel-, Crossing Planned Unit Development, to allow the re -adjustment and re- subdivision of properties situated between Walmart and Shingle Creek waterway; the re- adjustment and relocation of Building M, the addition of new building W; and to repurpose the old Kohl's building into a self -storage, interior -only warehouse facility with reduced parking. (See Planning Commission Reports dated 09-29-2016 for Application No. 2016-009.) PC Minutes 09-29-16 -1- It was noted that notice letters were mailed to all neighboring properties within 350 feet of the subject site. Mr. Eitel provided a presentation with background information on this item. He noted they are working with Mr. Gatlin on the landscaping and the creek updates. He stated it is important to keep in mind everyone on this project is working together to make this work and succeed. Mr. Gary Eitel stated Planning Staff recommends the Planning Commission provide a recommendation to the City Council to approve Planning Application No. 2016-009, for Consideration of Amendment No. 8 to the Shingle Creek Crossing Planned Unit Development, to allow the re -adjustment and re -subdivision of properties situated between Walmart and Shingle Creek waterway; the re -adjustment and relocation of Building X; the addition of new building W; and to repurpose the old Kohl's building into a self -storage, interior -only warehouse facility with reduced parking. OPEN TO PUBLIC COMMENTS — APPLICATION NO. 2016-009 Chair Christensen recognized residents in the audience who wished to speak on this matter. There was a motion by Commissioner Schonning, seconded by Commissioner MacMillan, to open the public hearing on Application No. 2016-009, at 7:34 p.m. Chair Christensen called for comments from the public. Peter Deanovic, Buhl Investors, Edina, MN, addressed the Commission. He stated he is with the company that is buying this property and developing it into a self -storage unit. He stated they plan to build an upscale business that will be secure, attractive and fill the vacant space currently there. He noted his company is in the process of developing a few other locations of this business currently and they all have a nice look and feel to them. MOTION TO CLOSE PUBLIC COMMENTS (HEARING) There was a motion by Commissioner Macmillan, seconded by Commissioner Sweeney, to close the public hearing on Application No. 2016-009, at 7:36 p.m. Commissioner Schonning stated he is disappointed with the idea of a self -storage in this space. He stated what they are proposing for the location is too large for the space. He stated he would have lilted to see something appealing that would draw in people as they drove by the building off Highway 100. He noted that he isn't disappointed with Mr. Deanovic, but rather the idea of what they want to put there. However, he would rather see it used in this capacity than be vacant any longer. He stated he hopes Mr. Deanovic does something very nice to the outside of the building. Commissioner MacMillan stated he echoes Commissioner Schonning's sentiments. PC Minutes 09-29-16 -2- Commissioner MacMillan asked if the building will be staffed. Mr. Deanovic stated it will be staffed but not 24/7. He stated they are looking at business hours of 8 a.m. — 6 p.m. Monday through Saturday and will be closed Sunday. He noted clients will have a badge that allows access a bit later they anticipate 6 p.m. — 10 p.m. After 10 p.m. it will be closed to everyone, clients included. He stated they have no intention to make this a 24/7 business and he stated it will be well lit to ensure it is secure and inviting for clients. Chair Christensen asked for details on their plan to create a driveway or drive-through space. Mr. Deanovic stated they are thinking the main entrance will face building "W" with a drive-in opening where people can drive into a secure climate controlled area to load and unload items. Chair Christensen stated he doesn't believe that plan can be accommodated in the space they are planning to develop. He noted they would probably have to take down the other building across from it to create that drive-through space. He told Mr. Deanovic that the Commission isn't disappointed in his business or his design, but stated they are disappointed that they weren't able to get something else in that location to create the space they have envisioned for a long time. He noted it is definitely better to have that there than for it to be vacant any longer though. Mr. Deanovic stated he understands the Commissions concerns and noted he too drives on Highway 100 often. He stated he wants to ensure this is a high quality item and branded in a way that is consistent with the others and will ensure all their concerns are addressed. Chair Christensen stated he is concerned people have no idea there are things in that area because the signage isn't visible to Highway 100. He asked Mr. Eitel what options they have to correct this issue. He noted he would like to see "Shingle Creek Crossing" sprawling along the side of the building. Mr. Eitel stated the PUD doesn't allow for that type of signage on the building. Chair Christensen stated he really hoped for some retail businesses in that space that would draw people in and it would become a Brookdale or Centennial Lakes on a smaller scale. He stated it will be hard to draw people in with the proposed self -storage being right in that corner. Commissioner Tade agreed with Chair Christensen. She asked Mr. Eitel if they have some time to further review this application and get more information. Mr. Eitel stated there is some time for them to request additional information and they can take some time review the PUD further and then decide if and how they want to proceed. He noted the PUD has a lot of regulations that they can ask to be changed, such as the signage regulations on the building. ACTION TO RECOMMEND STAFF GATHERS INFORMATION, DETAILED PLANS AND CONCEPTS FOR THIS PROPOSAL FOR COMMISSION REVIEW REGARDING PLANNING COMMISSION RESOLUTION NO. 2016-11 REGARDING THE CONSIDERATION OF AMENDMENT NO.8 TO THE SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT TO ALLOW THE RE -ADJUSTMENT AND RE- SUBDIVISION OF CERTAIN PROPERTIES IN AND AROUND THE FORMER KOHL'S PROPERTY-, THE RE -SUBDIVISION OF PROPERTIES SITUATED BETWEEN WALMART AND SHINGLE CREEK WATERWAY; THE RE -ADJUSTMENT AND RELOCATION OF BUILDING X; THE ADDITION OF NEW BUILDING W; AND TO PC Minutes 09-29-16 -3- REPURPOSE THE OLD KOHL'S BUILDING INTO A SELF -STORAGE, INTERIOR -ONLY WAREHOUSE FACILITY WITH REDUCED PARKING There was a motion by Commissioner Tade, seconded by Commissioner Sweeney, to table Planning Commission Resolution No. 2016-009. Voting in favor: Chair Christensen, Commissioners Tade, MacMillan, Schonning and Sweeney. And the following voted against the same: None The motion passed unanimously. i. DISCUSSION I'T'EMS Mr. Eitel stated there has been movement on the liquor license issue and noted he expects it will increase the sales in the smaller businesses that previously didn't meet the qualifications for getting a liquor license. He reported the trail connection corridor project got delayed due to bidding issues. There was a motion by Commissioner Schonning, seconded by Commissioner Sweeney, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:38 p.m. STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss. Certification of Minutes CITY OF BROOKLYN CENTER ) The undersigned, being the duly qualified and assigned Secretary to the Planning Commission of the City of Brooklyn Center, Minnesota; certifies: 1. That attached hereto is a full, true, and complete transcript of the minutes of a Regular Session of the Planning Commission of the City of Brooklyn Center held on September 29, 2016. 2. That said meeting was held pursuant to due call and notice thereof and was duly held at Brooklyn Center City Hall. 3. That the Planning Commission approved said minutes at its Octo ef'13 2016 meeting. P Tim Benetti, Secretary '` Randall Christensen, Chair PC Minutes 09-29-16 -4- ��... BFOOR-/. t'N C'E.M1'l"ER Planning Commission Report Meting Date: Sept¢mb¢r 29, 2016 � Application Piled: 09/13/16 . Application Deemed Complete: 09/16/16 Review Period C60 -day) Deadline: 1 V 12/16 Extended Review Period Deatlline: N/A Application No- 2016-009 Applicant: Gatlin Development Company Location: Shingle Creels Crossing PUD Project Site Request: Planned Unit Development—Amendment NO.$ INTRODUCTION Gatlin Development Company is requesting its eighth planned unit development amendment to the previously approved Shingle Creek Crossing PUD redevelopment plans. This updated PUD plan provides for the re -subdivision of certain properties in and around the former Kohl's property and certain properties situated between the Walmart and Shingle Creels waterway; the re -adjustment (larger size) and relocation of planned Building X; the addition of a new Building W with a reduced setback standard; and an allowance to repurpose the old Kohl's building into an interior only, self-storage/war¢house facility with reduced parking. There is no Site and Building Plans submitted with this PUD Amendment application at this time. Some of She new and existing buildings will require separate site and building plan approvals (or amendment) when time comes for the Developer to construct said units. 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. BACKGROUND The original Shingle Creek Crossing PUD was approved on May 23, 2011 (which is considered the I" Amendment to the original Brookdale Mall Planned Unit Development of 1999) and provided for the overall redevelopmenk of the Brookdale Mall properties. This mall originally consisted of over 1.1 million square feet of retail space, which was reduced by the demolition of approximately 760,000 sf. of old mall space, followed by the planned renovation of appaoximately 123,242 sf. of the Food Court mall located next to the Sears store; the development of approximately 402,489 sf. of new retail commercial and restaurant uses; and approval of the Single Creek day lighting features. PUD Atnendment No. 2 was approved a short time later on September 12, 2011, which provided for the physical separation of the food court building flnm the Sears store; the renovation/conversion of the Food Court's "common area" into additional retail space, whereby the net leasable retail area was increased from 123,242 sq. ft. to 150,591 sq. fr.; the removal of planned Building N between Sears and Wal-Mart; and the addition of a new 6,000 sf. commercial pad site located at the southeast corner of Xernes Avenue/56th Avenue entrance. PUD Amendment No. 3, adopted September 24, 2012, provided for the replatting of certain lots and revisions to new certain building pad sites (Building D, Building Q, and Building O App- No. 2016-009 PC 09/29/16 Page i restaurant pad site) PUD Amendment No. 4, adopted October 14, 2013, approved the removal and reptac¢meni of the former Brookdale Mall Food Court and replacement plan with ten (]O) new retail/service buildings. PUD Amendment No. 5 was related to various sign allowances granted throughout the Shingle Creek Crossing PUD. PUD Amendment No. 6 was approved on June 9, 2014, and included the following changes: a) revised layout and sizes of Bldgs. 9 and 1 O (former Brookdale Food Court replacement plans; b) new Balildings R - a 5,400 sq. fr. restaurant pad site; c) new Building T - a 5,500 sq. R- restaurant pad sit¢; d) revised size and layout of Bldg. B from 8,500 sq. ft. to 6,673 sq. fr.; and e) approva] of preliminary/final plat of Shingle Creek Crossing 51M1 Addition. The previous PUD Amendment No. 7 was approved November 9, 2015, which authorized the subdivision of the former Kohl's store property into two separate lots, and the planned development of a new 9,400 sf. commercial building with reduced setbacks in one of these lots. The. image below is highlighted to illustrate the area of this previous amendment request. �` i ., i —� � . - t � z .< w — .,�.�� to �'__\ > 8 r � �� "� , i PUD AMENDMENT ANALYSIS Records show the 75,000 sf. Kohl's building was constructed in 1987. Since the inception and approval of this Shingle Creek Crossing PUD (SCC -PUD), thc Developer intendcd to keep and maintain the existing Kohl's department store as originally designed. Although part of the originally created SCC -PUD of 2011, this area and building have remained untouched (except for exterior wall panel repairs) or unaffected until this application. Since the closure of Kohl's in 2013, the Developer has actively sought new users or tenants to fill This 75,000 sq. ft. retail commercial space; but unfor-hmately there have been only a handful interested parties seeking to lease or purchase this space, none of which reached fruition. Mr. Gatlin also undertook expensive repair wot-k on the exterior fapade due to water damage, but still no buyers or users. App. No. 2016-009 PC 09/29/16 Page 2 Plattin¢ Considerations As noted previously, Amendment No. 7 provided an approval to split the original Kohl's parcel into two new lots. The first lot would have consisted of 7.45 acres in size and reserved for a new 9,400 s£ Bldg. X, while the remaining 535 acre lot would be left t for the old KohPs. The original PUD Plan amendment called for the location of the smaller Building X to be situated as close to the access road to the west, and provide a shared parking area between both Bldg. X and old Kohl's store (refer to Zayout image belovvj: y PMARAMC pRIVE T I�p ( � \ \ 6-UNOARY /// 1 � \ � � E%IHTINO ,. \\ , M`- ', KOHL'S 20. O6V ' \DRAINAGE 8 �� \ EASEMENT V TI LITV EASEMENY♦� , � 1(WIDTH VARI ♦ -SHINGLE CREEK " DAYLIGMTING �'� O LOT 2, � �. - \ ELOCK'1 \ � LOT t�. � `� ELOCK'1 \]�� OC 2,. TR L EASEMENT `(' ( TH VARIES) -� After the amendment request was approved, the Developers also received approval of the first version of re -subdividing this Kohl's parcel into two new lots, which was to be titled "Shingle Creek Crossing 6th Addition". After the Developer received p(climinary plat approval of SCC 6`h Addition, the developer App. No. 2016-009 PC 09/29/16 Page 3 elected not to Fle a final plat of this area, which in effect rendered the first plat application void. The new PUD Amendment No. 8 now calls for the creation of three lots in this general area, which provides a pad site for new planned Building W; the adjusted and relocated Bldg. X; and the existing Kohl's building, now identiffed as Bldg. Y. ,:=e �_ � _ _ �_ _ TXRIJ � \\� �\ I _, _. \� LbT 2,1 BLOCK I � O \ 6L0 2 L4T� \ RAINAG \\ TILTTH V A � 1FN �. � \ \ � \ / W - O% \\ LOT J. / '� ' �. eEocKz v V �.-v' s \ �� LOT<, �c�� j � RELOGHTEO 30' \\' aLO \CK2 ��V AA � ( p6n EASEMENT � RAIL�G§E\IA��1� ''v � . �� t\\`\ OTN AYtl E81 // The PUD also cells for the slight readjustment and replatting of the 5 lots (Bldgs. L, M, N/S O, and Q) located between the Walmart and the Shingle Creels waterway (noted red -outline layer): The city has received an application for the new (updated) Preliminary Plat of Shingle Creels Crossing 6t° Addition, which is related to this PUD Amendment, but is not being officially considered under this PUD Amendment request at this time. This plat, both preliminary and App. No. 2016-009 PC 09/29/16 Page 4 final plat, is scheduled to be presented for consideration at the next Planning Commission meeting in October. Parkins Considerations The PUD Site Data Table (noted below), which accompanies this and all previous PUD Map submittals, has been highlighted to note the lots affected under this PUD Amendment request. The original Kohl's site contains 447 parking spaces, which is 34 spaces more than needed under the current Zoning Ordinance standards for commercial/retail developments of this size. Since the Kohl's site is now part of the Shingle Creek Crossing PUD, the PUD Agreement allows a reduced parking ratio for all retail/commercial uses of 4.5 spaces per 1,000 sf. of GFA. In this case, the required parking for the 75,000 sf. building can be reduced to 338 spaces, which reflects 109 additional spaces. Under the previous No. 7 Amendment, the Developer intended to keep the 75,000 sf. building on a 5.38 acre lot, with 342 parking spaces, thus maintaining a 4.56 ratio. The original planned 9,400 sf. Bldg. X meanwhile, would sit on a new 1.48 acre lot, with 51 spaces or 5.43 ratio. Under this requested No. 8 amendment, the original Kohl's parcel is essentially being split into three new lots. Lot 1, Block 2 is a 1.1 acre parcel to be reserved for Bldg. W, a 6,300 sf. retail/service building, with 50 spaces allocated and a 7.94 parking ratio. Lot 3, Block 2 is created for the readjusted and relocated Bldg. X, which has been increased from 9,400 sf. to 19,800 sf in size, 125 parking spaces, and a 6.31 ratio. The -former Kohl's, now identified as Bldg. Y, tx;mains with a 75,000 sf. building area, but the new lot is reduced from 5.3 acres down to 2.83 acres; with only 16 parking spaces, ora 0.21 ratio. This parking allocation for Bldg. Y is a considerable reduction, due to the proposed use of this old Kohl's store building site by the devcloper, which will be addressed under the next section of this report ("Use and Building Considerations"). The Site Data table above also highlights existing Bldg- F lot (the City/EDA owned parcel), which is shown with 14,000 sf. building, 63 spaces, and a 4.5 ratio. This table row line is App. No- 2016-009 PC O9/29/I6 Pegc 5 �- ��- i __ __ The original Kohl's site contains 447 parking spaces, which is 34 spaces more than needed under the current Zoning Ordinance standards for commercial/retail developments of this size. Since the Kohl's site is now part of the Shingle Creek Crossing PUD, the PUD Agreement allows a reduced parking ratio for all retail/commercial uses of 4.5 spaces per 1,000 sf. of GFA. In this case, the required parking for the 75,000 sf. building can be reduced to 338 spaces, which reflects 109 additional spaces. Under the previous No. 7 Amendment, the Developer intended to keep the 75,000 sf. building on a 5.38 acre lot, with 342 parking spaces, thus maintaining a 4.56 ratio. The original planned 9,400 sf. Bldg. X meanwhile, would sit on a new 1.48 acre lot, with 51 spaces or 5.43 ratio. Under this requested No. 8 amendment, the original Kohl's parcel is essentially being split into three new lots. Lot 1, Block 2 is a 1.1 acre parcel to be reserved for Bldg. W, a 6,300 sf. retail/service building, with 50 spaces allocated and a 7.94 parking ratio. Lot 3, Block 2 is created for the readjusted and relocated Bldg. X, which has been increased from 9,400 sf. to 19,800 sf in size, 125 parking spaces, and a 6.31 ratio. The -former Kohl's, now identified as Bldg. Y, tx;mains with a 75,000 sf. building area, but the new lot is reduced from 5.3 acres down to 2.83 acres; with only 16 parking spaces, ora 0.21 ratio. This parking allocation for Bldg. Y is a considerable reduction, due to the proposed use of this old Kohl's store building site by the devcloper, which will be addressed under the next section of this report ("Use and Building Considerations"). The Site Data table above also highlights existing Bldg- F lot (the City/EDA owned parcel), which is shown with 14,000 sf. building, 63 spaces, and a 4.5 ratio. This table row line is App. No- 2016-009 PC O9/29/I6 Pegc 5 footnoted with a remark "Includes Parking on Lot 2, Block 2 SCC 6`h Addn.", which indicates the Developer is seeking to include parking for Bldg. F is shared with Bldg. W. The PUD Plan shows Bldg. F site with 35 marked spaces, while Bldg. W site has 78 marked spaces, for a total of 113 spaces between both lots. Bldg. F requires a minimum of 63 spaces (14 x 4.5 = 63), while Bldg. W would require only 29 spaces (6.3 x 4.5 = 28.35, or 29). The shared amount of parking between both lots should be adequate to accommodate both commercial pad sites if needed. Use & Building Considerations Bldg. Y (old Kohl's) is shown with a reduced lot and parking area due to the Owner/Developer is requesting from the City an allowance to repurpose and reuse this former retail store into a fully secured, interior only, self -storage facility. The developer of the BC Storage development of 2015 (approved under Planning App. Nos. 2015-009 & 2015-010) - located south of the Regal Theatre at 6330 Camden Avenue North, is now seeking to provide a similar self -storage facility at this Bldg. Y location, which is similar to separate building rehab project they performed in a different metro city. Under the current PUD Agreement between Gatlin and the City, this self-storage/warehouse use is not specifically called out as a permitted or prohibited use, and is not permitted or allowed under the PUD/C-2 zone created for this overall commercial/retail center development. However, under the wide-ranging powers granted under PUD approvals, the Developer (and the City) is allowed some latitude and flexibility in allowing certain uses, or even relaxing or strengthening certain standards, such as setbacks, parking, signage, etc., provided they are agreed upon by both parties. The PUD is allowed to be amended at times in order to allow for changing patterns or economic trends, which in some cases ensures the continuation and sustained development within an approved PUD site, such as this one. The developer of the original BC Storage project originally presented a very nice and ideal designed self -storage facility on a similar PUD/C-2 zoned parcel within the City, and although that project was not completed, the developer feels the rehab and remodeling (reuse) of this old retail department store is another reasonable and more feasible site to complete his goal of providing self -storage needs for the community and metro area. Staff is pleased to note that the developer accepts and will comply with the no outside storage or parking of vehicles on this site, which was similar to the approvals made under the Camden Avenue site. The limited number of parking is shown due to the very limited nature or low volume of vehicle traffic that is expected on this Bldg. Y site. Gatlin has effectively adjusted the parking spaces over on to the new Bldg. W and Bldg. X sites. Bldg. X is also been relocated to provide an effective "screen" of sorts for the Bldg. Y, and also make the building face or redirect its frontage back towards the main Shingle Creek Crossing mall areas. Setback Considerations: The PUD Plan Maps (09/14/16) submitted by Gatlin do not indicate or specify any identifiable building setbacks from lot lines or roadway lines. By using the map scale, city staff has estimated the setback for Bldg. W along Co. Road 10 is approximately 20 feet. Development standards in the C2 (Commerce) District provides the following setbacks: Front App. No. 2016-009 PC 09/29/16 Page 6 Yard = 35-R.; Rear Yard=40-R.; Side Yard = I O -R.; and Corner Side Yard = 25-R. One of the paramount benefits of developing under a PUD is to allow or provide Developers some flexibility in uses, design standards and layouts, which in some cases includes building setbacks. This entire PUD, both existing and planned developed sites, reveal obvious allowances and flexibility in these setback standards. For all intents and purposes, when the City accepts or approves a master development plan or amendments, the planned design and layouts, along with assumed setbacks, aro essentially approved under the PUD Amendment process, and can be extended to any new buildings that are comprehended lager under separate Site and Building Plan applications. Under the original SCC -PUD Agreement of 2011, a select number of building pad sites were approved with reduced setbacks, due in part to the dedication of Twin Lake Regional Trail along Bass Lake Rd./Co. Road 10; and one building affected by the proposed Shingle Creek daylighting improvements. These setbacks are noted as follows: A. The setbacks from public right of ways to buf/d/ngs are reduced from 35 feet to 20 feet for Lots 7 8, 9, 12, ffi 13, Block 1 and 38 feef for Lot 22, _Black 1 to offset the dedlcot/on of add/t/ono! r/ght of way for the Twin Lake Reg/onof Trail. B. The setbacks from property !foes for a s/de and rear yard setback are reduced from 10 feet to 6 feet for the east and south lot line of Lot 16, Block Z and from 10 feet to O feet for the south lot /lite of Lot 3, Block 1. Because this Bldg. W is being presented with a reduced setback similar to those approved under the original PUD Agreement, the City must acknowledge and approve the reduced setbacks specifically for this new building site. City staff' does not see any objections or reasons not to allow this redatced setback for Bldg. W at this location. This will be consistent with the allowances made for the seven other lots originally platted in 2011 . To ensure that the city recognizes and acknowledges these reduced setbacks on this proposed building pad site, planning staff is requesting the Planning Commission discuss and provide a recommendation to allowing these redatced setbacks from this County Road 1 Oright-of--way. FINDINGS 8c RECOMMENDATION ' Similar to those findings Staff indicated and provided under previous considerations of Shingle Creek Crossing PUD Amendments, the requested replatting, new building pad site, new building adjustment, and the consideration of the self -storage arse with reduced parking allocation, can be supported based on the following findings: aJ The replotting of the former Kohl's property into three separate lots for an existing building site crud fwo new retail commercial pad sites,- along with the repZatting of BZdg. Pod Sites L, M, O, Q, and N/S, vviZ! promote and enhance th¢ genera! pxrbric welfare of this PUD, as it maintains and keeps the redevelopment activity of this site intact and ongoing: b) The replotting of the Bldg. Pad Sttes L, M, Q Q, and N/S is found to be a reasonable request and provides an ideal opportunity for rhe City to explore or finnlize potential App. No. 2016-009 PC 09/29/16 Page 7 options of expanding the daylighting features of the Shingle Creek water -Way in this development area; which in turn will provide increased aesthetic elements for fixture development sites within the PUD, and may help to increase water quality; c) The reduced setback allowance for Bldg. W at 20 feet along County Road 10 is consistent with those reduce setback allowances granted under the original 2011 Shingle Creek Crossing PUD Agreement; d) The additional Bldg. W pad site and relocated/expanded Bldg. X pad site reflects a growing demand and need for this area, which benefits and sustains the ongoing efforts to improve, market and complete the overall Shingle Creek Crossing PUD Plan by the Developer; e) The additional lot and fixture building site, along with the acknowledgement by the City that all new Buildings and Pad Sites will meet the required parking standards established by the Shingle Creek Crossing PUD Agreement, should not be detrimental or pose any threat or danger to the general public. The additional lot and fixture building site will not be injurious to the use and enjoyment of other uses in this Shingle Creek Crossing PUD; g) The allolvance of a self -storage facility with interior warehousing and storage only, with no outside storage or parking of vehicles or personal items, should not be injurious to the use and enjoyment of other uses in this Shingle Creek Crossing PUD; h) The additional lot and fixture building site, the reduced setback allowance for Bldg. W, and the allowance for the self -storage use will not impede the normal orderly development and proposed improvements of this Shingle Creek Crossing PUD; and i) With the addition of Bldg. W, the relocation and enlargement of Bldg. X, and the reduced parking numbers and ratio allocated to Bldg. 1; the overall Shingle Creek Crossing PUD site ivill have adequate measures in place to maintain and provide suitable access and shared parking within the site. j) The proposed layout of all new development lots and all new buildings, including reduced setbacks and any other related flexibility or reductions identified on said Shingle Creek Crossing PUD Plans (dated 09/14/2016) are hereby acceptable and approved Staff recommends the Planning Commission adopt the attached Resolution No. 2016-11, which comprehends the approval of Planning Application No. 2016-009, the Planned Unit Development (PUD) Amendment No. 8, which would allow certain changes to the original 2011 Shingle Creek Crossing Planned Unit Development (and all subsequent amendments), subject to the following conditions and allowances: 1. Developer is allowed to amend the 2011 . Shingle Creek Crossing Planned Unit Development by replatting the former Kohl's site, located at 2501 County Road 10, into App. No. 2016-009 PC 09/29/16 Page 8 the three new lots, along with replatting the five lots generally located between the existing Walmart and the Shingle Creek waterway, addressed as 1150, 1050, 1020, 1000, and 1100 Shingle Creek Crossing, into the "Shingle Creek Crossing 6th Addition". 2. Developer is allowed to reuse or repurpose (develop) the existing 75,000 sq. ft. building space located on Bldg. Y site into an interior only, self -storage facility. This commercial self -storage site shall not allow outdoor storage of personal or commercial vehicles, including rental trucks or trailers, boats and/or trailers, recreational vehicles (of all forms), miscellaneous equipment and other personal property items, on this site, nor any other parking areas inside the Shingle Creek Crossing development. A separate Site and Building Plan application will be required for new Bldg. W; the relocation and enlargement of Bldg. X; and the new improvements for Bldg. Y. 4. Developer is granted a reduction to the amount of parking normally required on this Bldg. Y site due to the acceptable limited nature of a proposed self -storage use, and the lower levels of expected (estimated) vehicle traffic and trip generations attributed to such use. 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. 6. Developer shall comply with all conditions or request of additional information as noted in the City Engineer Review Memorandum, dated Sept. 21, 2016. 7. Unless amended otherwise or under separate agreement, all existing provisions, standards and variations provided under. the 2011 Shingle Creels Crossing PUD and subsequent amendments, shall remain in effect for the entire Shingle Creek Crossing Planned Unit Development. 8. Any future PUD amendments or application requests will require the submittal and adoption (acceptance) of an updated master plan, which plan shall govern the planned and future redevelopment areas of this site. 9. No other allowances as illustrated or indicated on the submitted "Shingle Creek Crossing PUD Amendment No. 8 Plans (dated 09/14/2016) shall be comprehended or permitted under this specific approval. 10. The Developer shall enter into and execute an updated PUD Agreement (or similar document) as prepared by the City Attorney. Attachments • Planning Commission Res. No. 2016-11 • City Engineers Review Memo (09/21/16) • Shingle Creek Crossing PUD Amendment Plans No. 8 App. No. 2016-009 PC 09/29/16 Page 9 DINTLI XG-WINVOLUMANA DATE: September 21, 2016 TO: Tim Benetti, Planning and Zoning Specialist FROM: Andrew Hogg, Assistant City Engineer SUBJECT: Public Works - PUD Amendment No. 8, Review Memo —Shingle Creek Crossing Public Works staff has reviewed the 12 sheet set of plans entitled Shingle Creek Crossing PUD Amendment No. 8, which were prepared by Kimley®Horn and Associates, Inc.; dated August 8, 2016. PUD Amendment No. 8 applies to Building F, L, M, N, O, Q, S, X, W and Y sites. The following comments are offered relative to the above -referenced submittals. They are contingent upon preliminary and final plat approval, final site plans and land alteration/building permit submittals and approval. PUD Items a Shingle Cheek Crossing PUD Amendment No. 8: 1. Drive-thru details for Building F have not been reviewed and will be examined in closer detail during future stages when detailed drive-thru design elements are provided. 2. Re -platting will be requested for the sole purpose of revising the property lines as depicted in the attached drawing. Under this premise, the proposed property line revisions appear to pose no negative impacts to the development and are consistent with City requirements. The only known impacts of the revisions pertain to the shifting of parking designation ratios, which minimums do not appear to be met (e.g. site Q and Y). 3. Rededicating and terminating certain easements are required as part of the required replatting. Formal vacation documents are required and must contain easement vacation descriptions and depiction exhibits signed by a professional surveyor. A separate application is required for the easement vacation actions. 4. No portion of building or appurtenant structures may encroach on the City drainage and utility easement. 5. Any further development of Sites S, N and Q must include a well designed area between the ring road including concrete curb and gutter along the north side of the ring road. 6. The landscape plan appears to be incomplete for sites F, S, N, Q and W. 7. The PUD has been reviewed by Hennepin County. The right -in access along CSAR 10 (Bass Lake Road) at the former Kohl's site must be removed. 8. The applicant is responsible for coordinating site development plans with Xcel Energy, CenterPoint Energy, Qwest Communications and other private utility companies. Any further easements necessary to provide utility service to the proposed site development shall be dedicated to the public for public use with the final plat. 9. The existing 16" watermain that crosses Lot 4, Block 2 will need to be re-routed per layout depicted in PUD No. 8. Public utilities work must meet and conform to all City standards and specifications, to be further coordinated and approved by City Engineer. 10. Plans must provide 1" abstraction from all impervious surfaces for the entire site to meet Shingle Creek Watershed Commission rule changes since the approval of the stormwater plan with the original development. Update plans and stormwater narrative as necessary. Provide design calculations. 11. Existing stormwater facility must be able to be accessible and maintained. Suggested PUD Amendment No. 8 Plan Review —Shingle Creek September 21, 2016 Page 2 consideration should be given to replacing the existing facility located on Lot 4, Block 2 (Site X). 12. All newly proposed loading dock and truck turning/backing areas must be fully separated from public customer parking areas, must not direct or invite public parking ingress/egress routes through loading dock and turning/backing areas and must not encroach on main drive aisles. It appears site N is non-compliant with this condition. 13. Circulation exhibit must be updated to include site N, Q, W and S (e.g. delivery and garage truck turning movements. 14. Provide an update of the original and amended traffic impact study to reflect the current site and building revisions for PUD Amendment No. 8 and prior outstanding revisions. 15. Revise site plan to provide better pedestrian connectivity for Buildings W, X and Y with the internal PUD sidewalk system. 16. Parking area to the south of site S must be revised so the parking stalls and backing areas are separate from the drive aisle/intersection area to the main site roadway between Walmart and site S. 17. The area immediately to the northeast of site X must be better defined as parking area or delivery drop area to ensure adequately designed. 18. 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. 19. Inspection for the private site improvements must be performed by the developer's design/project engineer. Inspection for the watermain relocation must be performed by a City hired Engineer to be reimbursed by the developer. Upon project completion the design/project engineer must formally certify through a letter that the project was built in conformance with the approved plans and under the design/project engineer's immediate and direct supervision. The designer/project engineer must be certified in the State of Minnesota and must certify all required as -built drawings (which are separate from the as - built survey). 20. An updated certified abstract of title or registered property report must be provided to the City Engineer and City Attorney for review at the time of the preliminary plat application (within 30 days of preliminary plat application). Additionally, this will need to stay current and be updated through the approval process as required to maintain and be current within 30 days of release of the final plat. 21. All recommendations and requirements approved as part of previous actions pertaining to all prior PUD/PUD amendment approvals, Preliminary Plan approvals and Final Plat approvals relative to this development and/or portions thereof are withstanding and must be incorporated into the final plans. 22. A utility facilities easement agreement is required that will provide the City perpetual accessibility to all private utilities and storm drainage areas to inspect and enforce proper utility service and maintenance for the entire site. This easement agreement also includes private inspection, maintenance and reporting responsibilities and must be executed prior to issuance of building and land alteration permits. 23. A drainage and utility easement encompassing all storm water- treatment facilities and the rerouted watermain must be dedicated on the plat. PUD Amendment No. 8 Plan Review —Shingle Creek September 21, 2016 Page 3 24. All work performed and materials used for construction of utilities must conform to the City of Brooklyn Center's standard specifications and details. The City's standard details must be included in the plans. 25. The final plans must be certified by a licensed engineer in the State of Minnesota and forwarded to the City Engineer for approval. All aforementioned items, comments and recommendations are provided based on the information submitted by the applicant at the time of this review. The PUD amendment and site plan must be developed and maintained in substantial conformance with the referenced plans, unless modified by the staff recommended conditions above. Subsequent approval of the final plan may require additional modifications based on engineering requirements associated with final design of the water supply, storm drainage, sanitary sewer, final grading, geometric design and other design elements as established by the City Engineer and other public officials having jurisdiction over approval of the final site plans. ®�� i a�o d � � k 9 t VA�� �� a9 �� '�.�' �� � �_ E�.- ��_, �� -� 'E © ��I ;' __ I 1 8 I r, ���" ;. o ��� _ice ` � �� �"'-=` e �'�'�'' � _ c. < '� (y �rl�i��� `- I�Z Ili iHNN� �=1 � ` 1� `� `' � ��- ,� 5 � � -�� �:. � g ,, \ \\� IIII �� �" u �s � � i � {��{� 'r\ �1 f sppE BBROOKIVN ^SHINGLE 0 .. 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Y�::c�I �� -�� = =- �a� �� � .,�.�R�_._Y-_�-�.. �,e __.._—......__.__------- �. \ ,��, � s-�A y � � '`` ',, °� i `� - �© ��; _� -. - -_ � P,i1l i a " -- _ ,,� ,r _ .�"' 11 LL ' ��� 1 S �/�! •�n �x / � i g® = , ; � ' ` - _ -- - . �� _ o � ;� I� S ., f ;,i �' x � ��� i � t�l �zc &�`� ✓ {� � MP.JOR ACCESS ROVTES-PUO 3REET t2 OF t3 City Council Agenda Item No. 9b COUNCIL ITEM MEMORANDUM DATE: October 24, 2016 TO: Curt Boganey, City Managgi>d� FROM: Tim Benetti, Planning 8c Zon�iJJng Specialist THROUGH: Gary Eitel, Director of Business and Development ��' SUBJECT: Resolution Regarding a Request Submitted by the City of Brooklyn Center, MN Acting on Behalf of the City's Economic Development Authority (EDA) Authorizing Approval of a Simple Land Division of EDA Owned Land, for the benefit of the New Fai�eld Inn and Suites Hotel (located at 6250 Earle Brown DrJ Recommendation: It is recommended that the City Council adopt the Resolution regarding a request submitted by the City of Brooklyn Center, acting on behalf of the City's Economic Development Authority (EDA) authorizing approval of a simple land division of EDA owned land, for the benefit of the New Fairfield Inn and Suites Hotel, located at 6250 Earle Brown Drive. Background: On September 12, 2016, the City Council adopted Resolution No. 2016-144, which approved the Site and Building Plans for a new 82 -room Fairfield Inn and Suites hotel at 6250 Earle Brown Drive (the "Subject Property"). This parcel is owned by the Economic Development Authority of Brooldyn Center (the "EDA"), and a portion of this lot is scheduled to be sold to Brooklyn Center Hotel C3roup in order to facilitate this new hotel development. Prior to this recent hotel site plan approval, on July 28, 2013 the City Council adopted Resolution No- 2013-73, which was related to the originally proposed Candlewood Inn Suites hotel on this lot. Both resolutions contained the following approved condiflon of allowance: "That as part of the site plan approval the City will consider a simple metes and bound description to facilitate a Land division and combination of the eastern portion of this platted lot (gond and trail) to the Earle Brown Heritage Center, in lieu of a formal replat of Lot 2, Block I, BrookZ,l+n Farm 2iQ Addition. " Attached to this Council Summary Report are copies of two separate Lot Split Sketch Exhibits, which illustrate the proposed land division between the EDA and Brooklyn Center Hotel Group. The City is simply requesting the easterly 165 -feet of Lot 2, Block 1 be separated from the original lot, which will in turn be combined or added to the Earle Brown Heritage Center properties to the east. The remaining 350+ feet of said lot will be the portion of land the city sells to Brooklyn Center Hotel Group. Misstou. 6nun e u n/er+csi rc, cter v!I , L+c/rssNr uhi' /Bm eubmrce.. U¢• pnnLrr ut/j Jb.� n//Pc'� p/c ou+/ preserves /Ae pnb/ic 4zesr One of the main reasons for completing this land division is so the city can retain full rights and responsibilities on the pond area located to the east of the new hotel site. The EDA and city staff desire to ensure this pond is restored and enhanced with some aesthetic pleasing elements, which may include new water fountains, lighting, observation decks, and walking paths. On September 15, 2016, the Planning Commission conducted a public hearing on this proposed lot split; with no comments (either for or against this item) from the public. Upon closing the hearing, the Planning Commission adopted PC Res. No. 2016-10, which provides a favorable and unanimous (4-0 vote) to approve this land split as presented by the EDA. Copies of this PC resolution and excerpt minutes from that meeting are attached for Council review. Budget Issues° There are no budget issues associated with this land division request. Strategic Priorities: 0 Targeted Redevelopment Mission: Enshrine nn attractive, clean, safe, inclusive cotnnuurity that enhances the quality} of life for all people and preserves the public trust adoption: Member introduced the following resolution and moved its RESOLUTION NO. 2016 - RESOLUTION REGARDING A REQUEST SUBMITTED BY THE CITY OF BROOKLYN CENTER, MN ACTING ON BEHALF OF THE CITY'S ECONOMIC DEVELOPMENT AUTHORITY (EDA) AUTHORIZING APPROVAL OF A SIMPLE LAND DIVISION OF EDA OWNED LAND, FOR THE BENEFIT OF THE NEW FAIRFIELD INN AND SUITES HOTEL (LOCATED AT 6250 EARLE BROWN DR.) WHEREAS, on July 25, 2005, the City Council adopted Ordinance No. 2005-07, which approved the rezoning of land from CIA Service -Office to PUD/CIA Planned Unit Development/Service-Office, located at 6300 and 6250 Earle Brown Drive; and WHEREAS, on May 14, 2007, the City Council adopted Resolution No. 2007-70, which allowed the construction two hotel buildings , one consisting of an 8 -story, 175 room Embassy Suites hotel and amenities (Phase I); along with the future development (Phase II) of an unidentified hotel; and WHEREAS, on June 28, 2010, the City's EDA adopted Resolution No. 2010-14, which provided an amendment to the Embassy Suites PUD Development Agreement, and included an agreement by the original developer to convey the development rights for Phase II, which included the undeveloped and vacant hotel lot, legally described as Lot 2, Block 1, Brooldyn Farm 2nd Addition, Hennepin County, Minnesota, and addressed as 6250 Earle Brown Drive (the "Subject Property"); and WHEREAS, on July 8, 2013, the City Council adopted Resolution No. 2013-73, which approved another amendment to the original Embassy Suites PUD, and authorized a letter of intent with a separate hotel development group to purchase and develop the Subject Property, and included the following allowances: "[That] As part of the site plan approval, the City hill consider a simple metes and bound description to facilitate a land division and co»ibination of the eastern portion of this platted lot (pond and trail) to the Earle Brolvn Heritage Center, in liezr of a formal replat of Lot 2, Block 1, Brooklyn Farm 2" `Addition. " WHEREAS, the City of Brooldyn Center, acting on behalf of the Economic Development Authority of Brooldyn Center, MN (the "EDA") requests approval of the proposed land split division of the Subject Property, as illustrated and legally described on the Lot Split Exhibits A and B, dated 09/08/2016 and attached hereto; and WHEREAS, on September 29, 2016, the Planning Commission held public hearing, whereby a planning report was presented; this item was given due consideration; and a public hearing was opened to allow for public testimony regarding the proposed land division as RESOLUTION NO. 2016 - presented herein; and WHEREAS, the Planning Commission determined during its review of the land division materials and information presented by City Staff, that said land division is in general conformance with City of Brooklyn Center's City Code Chapter 15 — Platting; and fulfills an allowance granted to the City under a PUD Amendment request approved under Resolution No. 2013-73; and also contained in the Resolution No. 2016-144, dated September 12, 2016, which approved the Site and Building Plans of a new 82 -room Fairfield Inn and Suites hotel on the Subject Property; and AND WHEREAS, upon acceptance of all public comments and discussion of this item, the Planning Commission adopted Planning Commission Resolution No. 2016-10, which provides a favorable and unanimous recommendation to the City Council that this request submitted by the City of Brooklyn Center, acting on behalf of the EDA, which authorizes approval of a simple land division of EDA owned land, for the benefit of the New Fairfield Inn and Suites Hotel, located at 6250 Earle Brown Drive, should be approved by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of Brooklyn Center, Minnesota that this request submitted by the City of Brooklyn Center, acting on behalf of the EDA, authorizing the approval of a simple land division of EDA owned land, for the benefit of the New Fairfield Inn and Suites Hotel, which is legally described herein and illustrated on the attached Exhibits, should be approved, with the understanding that the divided parcel of land must be attached or joined with the existing City -owned Earle Brown Heritage Center lands to the east. ATTEST: October 24 2016 Date Mayor City Cleric 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. 1.y3i//'3r�1 0 100 SCALE IN FEET LouCKS 7200 Hemlock Lane, Suite 300 Maple Grove, MN 55369 763.424.5505 www.loucksinc.com Lot Split Description September 8, 2016 The East 165.00 feet of Lot 2, Block 1, BROOKLYN FARM 2ND ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, as measured at right angles to the east line of said Lot 2. S87°14'38 "E 509.09 1(^I / t -I I - / N87014'38 "W 522.0 - 6 µ/i ,r//he _ Y DRAWN BY: BJY PLANNING CIVIL ENGINEERING LAND SURVEYING LANDSCAPE ARCHITECTURE ENVIRONMENTAL 0— O"FA PROJECT NUMBER: 16351 I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. Max L. Stanislowski - PLS License No. 48988 Date 09/08/16 1 \ � I 1 I X11 J I A N 1 ryrQ p� `, Ie ly 1 J I ��1 I \J rJ I I Ly I I `1j I LouCKS 7200 Hemlock Lane, Suite 300 Maple Grove, MN 55369 763.424.5505 www.loucksinc.com Lot Split Description September 8, 2016 The East 165.00 feet of Lot 2, Block 1, BROOKLYN FARM 2ND ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, as measured at right angles to the east line of said Lot 2. S87°14'38 "E 509.09 1(^I / t -I I - / N87014'38 "W 522.0 - 6 µ/i ,r//he _ Y DRAWN BY: BJY PLANNING CIVIL ENGINEERING LAND SURVEYING LANDSCAPE ARCHITECTURE ENVIRONMENTAL 0— O"FA PROJECT NUMBER: 16351 I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. Max L. Stanislowski - PLS License No. 48988 Date 09/08/16 0 100 I ow I SCALE IN FEET 1 11 `� 4 I ` i mihw 7200 Hemlock Lane, Suite 300 Maple Grove, MN 55369 763.424.5505 www.loucksinc.com Lot Split Description September 8, 2016 That part of Lot 2, Block 1, BROOKLYN FARM 2ND ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, lying west of the east 165.00 feet thereof, as measured at right angles to the east line of said Lot 2. S87'14'38'E 509.09 9 N870/4'J811 W 522.06 DRAWN BY: BJY PLANNING CIVIL ENGINEERING LAND SURVEYING LANDSCAPE ARCHITECTURE ENVIRONMENTAL 0 -, PROJECT NUMBER: 16351 I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. Max L. Stanislowski - PLS License No. 48988 Date 09/08/16 I `'r J I;a I I�� I \„ I I ly I I J I S l QSe ,I �,I I 1 `iJ I 1 11 `� 4 I ` i mihw 7200 Hemlock Lane, Suite 300 Maple Grove, MN 55369 763.424.5505 www.loucksinc.com Lot Split Description September 8, 2016 That part of Lot 2, Block 1, BROOKLYN FARM 2ND ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, lying west of the east 165.00 feet thereof, as measured at right angles to the east line of said Lot 2. S87'14'38'E 509.09 9 N870/4'J811 W 522.06 DRAWN BY: BJY PLANNING CIVIL ENGINEERING LAND SURVEYING LANDSCAPE ARCHITECTURE ENVIRONMENTAL 0 -, PROJECT NUMBER: 16351 I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. Max L. Stanislowski - PLS License No. 48988 Date 09/08/16 6. PLANNING APPLICATION ITEMS 6a) Consid¢ration of a Land Division Request by the City of Brooklyn C¢nter of City -Owned Land (EDA), located at 6250 Earle Brown Drive Mr. Benetti introduced and gave backgound on this item. The request will facilitate the land division of the EDA owned lot known as the "Embassy Suites -Phase II" parcel. The City will retain ownership of the easterly 165 -feet of the lot; with the remaining portion to be deeded to the developers of the new Fai�eld Inn and Suites hotel. He noted this action was given preliminary approval under the Embassy Suites PUD Amendment of 2013, in which said amendment authorizes the city to complete a land division of this lot by means of a metes and bounds description. The division provides an ideal method for the City to retain the rights to the pond area located east of the new hotel site. Mr. Benetti stated the ultimate objective of this land split/division is to transfer or attach the City/EDA owned portion of land with the Earle Brown Heritage Center properties to the east. Commissioner MacMillan asked if the City plans to add water fountains and walkways at some point again. Mr. Eitel stated they do plan to add a fountain as well as pathways that tie back into the trails and possibly a covered walkway. He stated the idea is to complement the Earle Brown Center in any way possible. 2PEN TO PUBLIC COMMENTS — RESOLUTION.NO. 2016-10 Chair Christensen recognized residents in the audience who wished to speak on this matter. There was a motion by Commissioner Schonning, seconded by Commissioner Macmillan, to open the public hearing on the�Consideration of the Simple Lot Division <Metes and Bounds) of the EDA Owned Parcel (Embassy Suites PUD —Phase II Hotel Lot — Fair£eld Inn and Suites Hotel site), at 7:19 p -m. Chair Christensen called for comments from the public. There were no individuals in attendance and no comments received at that time. i�fiyy_CUi;Y CeZal�Cei.9-13�J 7�1CKKe7SI L1al�YKY/./�:71�C� There was a motion by Commissioner Tade, seconded by Commissioner Schonning, to close the public hearing on the Consideration of tha Simple Lot Division (Metes and Bounds) of the EDA Owned Parcel (Embassy Suites PUD —Phase II Hotel Lot- Fairfield Inn and Suites Hotel site), at 7:21 p.m - The motion passed unanimously PC Minutes osa s-16 -2- � EXCERPT Commissioner MacMIllan introduced the following resolution and moved it� � adoption: PLANNING COMMISSION RESOLUTION NO. 2016-10 RESOLUTION REGARDING THE REQUEST SUBMITTED BY THE CITY OF BROOKLYN CENTER, MINNESOTA ACTING ON BEHALF OF THE CITY'S ECONOMIC DEVELOPMENT AUTHORITY (EDA) AUTHORIZING APPROVAL OF A SIMPLE LAND DIVISION OF EDA OWNED LAND (LOCATED AT 6250 EARLE BROWN DRIVE) WHEREAS, on July 25, 2005, the City Cotmcil adopted Ordinance No. 2005-07, which approved the rezoning of land from C1A Service -Office to PUD/C1A Planned Unit Development/Service-Office, located at 6300 and 6250 Earle Brown Drive; and WHEREAS, on May 14, 2007, the City Council adopted Resclution No. 2007-70, which allowed the covvstruction two hotel buildings one consisting of an 8 -story, 175 room Embassy Suites hotel and amenities (Phase I); along with the future development (Phase II) of an unidentiFied hotel; and WHEREAS, on June 28, 2070, the City's EDA adopted Resolution No. 2010-14, which provided an amendment to the Embassy Suites PUD Development Agreement, and included an agreement by the original developer to convey the development rights for Phase II, which included the undeveloped and vacant hotel Lot, legally described as Lot 2, Blocic 1, Brooklyn Farm 2id Addition, Hennepin County, Minnesota, and addressed as 6250 Earle Brown Drive (thc "Subject Property'; and WHEREAS, on July 8, 2013, the City Council adopted Resolution No. 2013-73, which approved an amendmrnt to the original Embassy Suites PUD, and authorized aletter of intent with a separate hotel development group to purchase and develop the Subject Property, which included one of the following allowances: "[ThatJ As part of the site plan approval, the City will consider a simple metes and bozmd description to facilitate a land division and combination of the eastern portion of this platted Zot (pond and trail) to the Earle Brown Heritage Center, in TZex< ofa formal repla[ of Lot 2, Block 1, Brooklyn Farm 2^d Addition. " WHEREAS, the City of Brooldyn Center, acting on behalf of the EDA, requests approval of the proposed land split division of the Subject Property, and is legally described as follows: The East 165.00 Feet of Lot 2, Block 1, BROOKLYN FARM 2nd ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, as'measured at right angles to the east line of said Lot 2; and is illustrated on the attached Exhibit, dated 09/08/16; and PC RESOLUTION NO. 2016-10 WHEREAS, on September 29, 2016, the Planning Commission held public hearing, whereby a planning memorandum report was presented; this item was given due consideration; and a public hearing was opened to allow for public testimony regarding the proposed land division as presented herein; and WHEREAS, the Planning Commission determined during its review of the land division materials and information presented by City Planning Staff, that said land division is in general conformance with City of Brooklyn Center's City Code Chapter 15 — Platting; and fulfills an allowance granted to the City under the approved and previously adopted Resolution No. 2013-73, dated July 8, 2013. NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center does hereby recommend to the City Council, that the proposed land split division of the Subject Property, which is legally described herein and illustrated on the attached Exhibit, should be approved, with the understanding that the divided parcel of land must be attached or joined with the existing City -owned Earle Brown Heritage Center lands to the east. s., September 15, 2016 Date ATTEST: Secretary Chair The motion for the adoption of the foregoing resolution was duly seconded by member Tade and upon vote being taken thereon, the following voted in favor thereof: Chair Christensen, Commissioners Schonning, Tade, and MacMillan; and the following voted against the same: None; whereupon said resolution was declared duly passed and adopted. 8R00=;LYN CENTER - A GREAT PLACE TO START. A GREAT PLACE TO STAY www.cityofbrooklyncenter.org Planning Commission ' (763) 369-3335 DATE: September 15, 2016 TO: Chair Randall Christensen and Planning Commissioners FROM: Gary Eitel, Business and Development Director Tim Benetti, Planning Rc Zoning Specialist SUBJECT: Simple Lot Division (Metes and Bounds) of the EDA Owned Parcel (Embassy Suites PUD -Phase II Hotel Lot- Fair£eld Inn and Suites Hotel site) Iatroductlon• As the Planning Commission is aware, at the August 25, 2016 meeting, the Comrnission provided official consideration and recommendation of approval of the Site and Building Plan application of the new 4 -story, 82 -room Fairfield Inn and Suites hotel facility on the land located at 6250 Earle Brown Drive. This parcel of land is currently owned by the City of Brooklyn Center (EDA), and is scheduled to be sold to Brooklyn Center Hotel Group, LLC (Harshal Patel) upon the successful approval of this site plan by the City Council, and tlris land division. As was noted in the August 25t° Planning Report, the City Council had previously adopted Resolution No. 2013-73 (07/28/13), which approved a new PUD Amendment to the 2007 Brooklyn Hotel Partners LLC/Embassy Suites PUD, and called for added standards, and provided for additional allowances and approvals related to a separate (different) hotel project at that time; and included the following consideration: Attached to this Planning Memorandum is a copy Lot Split Sketch Exhibit, which illustrates the land division proposed by the City of Brooklyn Center, on behalf of the EDA. The City is simply requesting the easterly 165 -feet of Lot 2 (Block 1, Brooklyn Farm 2i3 Addition) to be separated from the original lot, which will in turn be combined or added to the existing Earle Brown Heritage Center to the east. The remainder (approx. 350± feet) will the portion of land the city of£acially sells to Brooklyn Center Hotel Group. As was explained by the City Planning Staff at the August 25`° meeting, one of ffie main masons for completing this land division is so the city can retain full rights and responsibilities on the pond area located to the east of the new hotel site. The EDA and city staff desires to ensure this pond is restored and enhanced with some aesthetic pleasing elements, which may include new water fountains, lighting, observation decks, and perimeter walking paths. s301 ! 55630-1853 �83581.0]t9 EDA/Phase II (Fairfield Inn) Lot Split Page 2 of 2 Recommended Action: City planrting staff requests the Planning Corntnission review the request for the simple land split (lot division) proposed herein by the City; and recommend adopting the attached Planning Cotruraission Resolution, which recommends acceptance and approval of this proposed lot split. 6301 SM1ingle Creek Parkway 6361 Shingle Creek Parkway 6645 Humboldt Avenue North Brooklyn Center, MN 55430-2199 Brooklyn Cenler, MN 55430-2199 Brooklyn Center, MN 55430-'1853 ]63.569.3300 Faz: 963.569.3494 ]63.589.3400 Fax: ]63,6fi9.3434 ]63.569.3333 Fax: ]63.56'LO]t] a� V L [Q d G7 �+ .� c/] f0 W ■ a 0 W �► N �F+ N N .1.+ .� _� N .� N N N O V -?S,Fr.p..- .. ` ,-n r.i ��- �. �� � ����1 1 �' ' I (, � .� , e; ', City Council Agenda Item No. lOa City Council Agenda Item No. lOa #1 COUNCIL ITEM MEMORANDUM DATE: October 24, 2016 TO: Curt Boganey, City Manage �yg.�,�� FROM: Sharon Knutson, City Clerk �� '" ""` — SUBJECT: Type IV 6 -Month Provisional Renta] License for 5240 Drew Ave N Recommendation: It is recorrnnended that the City Council consider approval of the Mitigation Plan and issuance of a Type IV 6 -Month Provisional Rental License for 5240 Drew Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. I£ 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, 1 O -unit multifamily property. The previous rental license was a Type II Rental License. This property qualifies for a Type IV Rental License based on 19 (1.9/unit) property code violations found during the initial rental license inspection and five (5) (O.5/unit) validated police nuisance incidents for the past twelve months. Staff from Administration, Building Fc 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 06-10-2016 The Owner, Bradley Schumacher, applied for renewal of the rental dwelling license for 5240 Drew Ave N, a 1 bldg, 1 O -unit multifamily property. 06-17-2016 The Owner called to reschedule the rental inspection to 7/14/16. 07-11-2016 The Owner called to reschedule the rental inspection to 8/2/16. 08-02-2016 An initial rental license inspection was conducted. 19 (1.9/unit) property code violations were cited, see attached rental criteria. 09-02-2016 A second rental inspection was conducted and passed. hl(ssion: Snsuring nn nHsmcalve, rf¢mp a� 1. hecherly¢ c¢nnnrsnNy !/ml enhnncrs fhe pemlJty aflffe for rs!lpeop/e mv(pn¢serv¢s lh¢ prshlic nrsl 09-19-2016 City records indicate five validated police nuisance incidents occurred in the past twelve months. Incidents were 11-30-2015, disturbing peace, 12-26-2015, disturbing peace, 01-26-2016, disturbing peace, 02-09-2016, disturbing peace, 09- 12-2016, disturbing peace. 09-21-2016 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, H, and III of Crime Free Housing Program, etc. 09-28-2016 A Mitigation Plan was submitted. 09-30-2016 The previous rental license expired. 09-30-2016 The Mitigation Plan was finalized. 10-14-2016 A letter was sent to the owner notifying that the hearing before the Council will be held October 24, 2016, If approved, after six months, a new rental license is required. The license process will begin within three months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 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 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the qualify of life for all people and preserves the public Imst 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 fiutherance of the mitigation plan during the preceding month. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust 3i 111 1 11L 1, vuy Rental License Category Criteria Policy — Adopted by City Council 03-08-10 1. Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2. Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3. Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City: A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4. License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: ® At least 75% of units will be inspected for properties with 15 or less units. ® At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Category Number of Units 1-2 Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) 0-1 No Category Impact 3-4 units 0-0.25 Decrease 1 5 or more units 1-2 0-0.35 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 Decrease 2 5 or more units 1-2 Greater than 0.35 but not more than 0.50 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 Budget Issues: There are no budget issues to consider. Strategic Priorities: ® Enhanced Community Image Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, safe, inclusive conrmrnrity that enhances the quality of life for all people and preserves the public trust BUIMMiG AND COMMUMTY STANDARDS NTER I of BROOKLYN . Rental License Mifi�atinn Plan Wp(3 IV License Handwritten Mitigation Mans Will riaf be acceptod, A fillable form can ba fournd an the City' kvebsIta at %Vvm,cih}ofbrinaklyrnr-enter,ori� or edli (76a) !9-83�* dr here an ttleettwic cppy &ent to yajj via a iail, Ptopely Aildres . 5240 Dreg Ave u per's Narti;e(e); Gen111n La%e Pray, ju LLC Owner's Address: 28551 127th St W r r rr,�-_irrwn, MN 65393 CWrk2?:5 PhUne', (5121) &-3566 GxrrAeF; email: hj h ,ai r�dsna �r� trnall.� irfl Current Expiration Date; I U�'1'�~ Local Agmt(s); Pali Potiller Founts Adt 515% JInu Ave N f} aaMyn Center, OAN 5 �M A A8enfs Phonal (�12) 41°moo A�enfs.Ernall' . karboy641grn il,tiom Pandino E.xpiretion Dale, 5131117 t;ls rtwnlhs knm �IRfrd 6i�FBGd�ij Based on property condilidna andlorvalidat,�3d palms nulsaw imaidents, the abovv3 referenced property qualiries for Type IV6 Month R®nfal License: Nor to ,application. approval by the City C.ouneil a fully complatod Mitigation lPlara must be corrip[eted and appioved by Oily staff, A Mitigadon Flan rnust be r_QnipPeted immediately In Orttar to ensure Iiniety cumpletiOn of the li rteia application process. Th D TAiligation Plarw should indicate tM3 steps going 1akan to rarreet identified violalions and the measurea that will bt� lakes to ensure cw%- nq aampiianrA ivith City Ordinances and applicable codes. A IXtfoatlon Plan fllmvs the o vier Eknd th, City to review onncenns and icte-nlify passible s Aufrons la improve ovime11 wridiff ns of the property. If tha Mi6oatiGn plan Is inot subrnitted..and aq iterns, are nut c omprote4'r:ithtiin the pending license periad, or the above property operatos beyond the llcarise e,;,iTaffon datA, enforcernerit actions such as cittfion, forrnal c ornpiMint, Dr li epse review niay resull. Before, subMitting, hill! € ut Sc-cOns A, B, -and C located of pages 2, 3, 4, and S. f1ndCj(+ S Fo-�1�I;mrilarLtcar,,{�i�,��al+Jva Flan, f2�v-� CifY t3 BTOOkj h Ceaf -_V—R NIaing &n i Ca3-xnu7Pl47 Standards Dmpabitnent —6'Y0,rVUL0err_C-n1aFxfG Egg �htngl� erek Ferkx, [irar_.ISr�entr, hirf �54�1]-3�� I Phone_ dF83) 5'334 I TI -V:711 l F$iti �dF� :g•37 BUIWING AND CONEWMW ST D S X—RaRCKNY1611 5240 biew AV., td _ - - 01 CENTER Rental Licens i�Bit qatierl Plan 'Type IV UrAnse SDcflonr- —r1rne Fr ee Housing P .9rrain Raquiremears Phase l 1) Use a vttitti�n horse agreamerrt, Vie lease agreement sh�il include. the Crlrne Free Housirio Lease Addendum, A copy of fho Borne acgreer ono and Crime Free Rouslin� Leftse Addendurn must be attached to the Mitiga'tiw plan when submitted. Ljrj 2) Agro to pursuo the tanrninatlun Of lease agreennent gr e�+icticrr o[ tenants c violato tho terms of tho lea or any addendurns, 2) Conduct r fiminal bFa�kgraund cher: for all new pro<specaive tenants. if it i$ a current tenant a rout baftround cheek is not requ"rred- Must to abla Ire pfevide docurnWalien to City iF req►uesloif, Ln 4) Affend a City appmved eight-hour Crime Free Housing tralning course. Informo ffon for npprgvp,d tourse5 can ba fo+tend at v_rnnCjp ,ne( under the Training and Evont&tab: A copy of the Crime Free blousing certificate must ba ���h�it #� the Idlitlgation Pian when su'bntitbd- Prirrh F11.f3e .HDu$lW training was, ccmplated adds scheduled for; Owner or agont Attendedfiis planning to atterjd training al oily of; - 5) $vbmlt fulortthly Update by the 9e day or each month, Pirie dl COrni )tete a SeGUrit} Azzessment and implement irnprovemenls r:2 ire ted by the Brooklyn enter Police Department. To schadulo am irrit�.al or follow-up Security Assessment, C-911 (763) 565I=5344, A foilowup assensm erit must be Completed be#+ire the licenseixpirai1. - date to verrify tiva severity improVanlorlts haae been impteme lted. If a SeCzjrity Asseasinent has been previously aompleteti; vrrite the mpletion date, 'Security Asses-srhe,rtt vias. cc-1n)pfeled arils scheduled for: Searity +�:ssegsrnent fdlotiv-up was completed ends sIduled for _ ontinuc SeGtions A, phase III on page 3, Asg,e •PF& JV ne-ard Lkory mf'Y tic ' ii F� ai<tpn Gt? tee—auil g and Co&=nntryslandmis 3DQpajj emj wftvn, +Qf�rjc jp'ae02r,0r'q e�4i hie ref r6BlS P�rkcs , sr� yn �rr1®r, larJ rr 9�] 213Fa I Kl: (W) W3-3.3'0 I T T: 79i l F3�;Pd �3Cr�+ 3 BC XTypqBUUMING AND COMMUNITY ST ULYM Reritvib fal UetMitiptlan Plan ER IV Liconriv Swl[,Dm A—COme Pee Odu-thip PmgrawRw4rjramemts jj;on6fhuea) Phata III 11 Omer or ager mill ailevil—at miffrnurh Fri, (2) cAfthe ARM, meelirgs, Tl* A.R.M. makings mum --t be campleted vhtkirj !hp rcnial liumm port and bufore ffie pending Typti IV Lkmnsm cxplTmlon 4 -late. Reg frlutl - I - qn-fn duOng the rneEtg. WrRe- Win rnef-�-- g 0-MrF. up comar or agent pfan w-, ailer,d. .. fLl 0. em e rw ag e n I %%i I I ;a I l� ri d A. R, M, ar. a fi n gs s cii Ed Ul eff, srwiffl(06 R] 2) Have no repeat rxde vi,,�suarj& proripuslyOccim Ed v e Frei YeSL en, � Alh the the fbile-mving p;tIqffj:s ar.0 wequlred Rw pr opsertres lWith F-cipir (4). cir m.wo unIM 1) Cordlict Tesment Lf2lalig -shh!,Wly ttiaft hdudES crime. pcevenilm riecliniques. 2) lz Lho qq * MigAknii R�&. ftrf. 4.14-1'r Left7of hir-3.3k1" cumwm;;dq N lDh ' F is S; tjrn J,4-,, Cfl r& r, b.414 ' I ph -11 17E51 S . - DUHMING AND COMMUNMSTANDARDS MY at 5200ricw AY -B lV IBRO Frontal Lfcenisa Litigation Play, M Type IV License ectfOrrs- Ong TUM Capital Iffip rVent plan Based an condition and .age, estimated repla.cernent idate need to be provided far comma capitat iterns- 'Funding sold be consldiered a f&gly. Iters that am broken, worry, or otherwise in vtalation prlar to the estimalled replacement date ,need 10 be replace snorter. All fitam0 must haus a daie for ,VFm,aW 1 oph� rgrne rt DWe. Dste5 stack as: "uric 1mf 01, "don't know", or''tier) bro enim wHl not be actPelyted. If you are unsure of when an Ife4m vAll rl�ed to ba reptac-ed, you can mike a pi le tavn based on the ale, appearance, cartdi ign, sir rrianufacturelindustry recommiordaitions, Addilfonal Information on Exported Useful Life cart be found at 4b ahud_gay. kLrn Date Last Roplaced E-MMP10: Wilier H4af� moa f x to Furnaca Cceet 196 'stater Heater f�0e Kit en Appliances Laundry AI�,prjanc 201CI Smcke Aliarrnsr Carbon Mdno;ide Alarrn9 N15 -- Evedg Items. PaInI999ding 2006 lolle5dn,16 2006 Roof 20DG Fe,ince NA Ktd rk) Ga ria�]o 208 Driveway 2030 SidVl elks 21706 Other, ` if+lili4n AtbrEvIaliantl Nevjr N Condition* Expacted Replacam ant Date f May 2020 20ZZ a 2021 2021 t� m 2034; 2055 r n7 2L1Aa 21f8 20225 ZV35 Fair --F Nrosis ReF aoen1& 1=R City of HrQ0VjVM QeufpX—BU}t jhg Antl r--pTnMMMJjV Sfsnd.araq Dep*AMnent Yr -W-C- jnihr,10lpfrtarxr-r_flrs J 1 I le f;fe k P,rka�Y, 6rs2�klgi� �r ar_ 1S�F] 5543D=21�j?l ! 1 TTS. 71l I BUILDING AND COM 6. STANDARDS XCI gai5244Dra1ti�AveA1 Rental i-iaense Mitigation Plan Type IV Lireme s®ction5 Stops to Improve: Management and Candido ns OfFroperty The items in thls € Horn have been proven to assist with property management and property irnage. 7110 facile ing actions are required: ' 1) Check in ugh tenants every 3o -dem. ® 2) Drive by Property to ehack for po ible code uidaVgns. 3) E�gcl tenets in violation of the laase ar any addariclums. ' 4) Remain currerit on all utility fees, tlaxe,5r assessmimIG, fines, penalties, and ohat fillandAl claim&rpayments dua to the City. t;) Other, The following aotiorls ara optidnal Unless required by the City, Elf) Provide lawrilsnow rArVice, 2) fro Ade garbage r3c:,mtm, 3) Install sa�ur ty sy ;tern. ® 4) Prev5de rn.ainter►anee service plan for apprianaes. Name of strvic-- company: ) � Other.- If the 'TYpe FV_S Month Mental License Is appro Ved by (he Cik'j Council. the Ifa see musk oampiy veith rhe approva htitigalian Plan and all applicable City Code_ Awritten report roust f submitted by the fids" day of tach month W1thil an UlPdak of actions boing talkerl by the awmr andlar agent to comply with thIS Mitigation Plan. A mpy or the Monthly update can be found on pare 7. A .fillaWe fore can, he found on tfiie 011y's wahsite at +r �,eikyofhrs� ly�r rater �r or oaIl (7 ),W-3330 to hav-a an e0tronic copy sent to you via email. PI'aase attach a-dditlonal Information if neoeasary. Payr &B TFpeJ4'RvirmL&anrn FSS"Bgac-oA P'®ray ��, 4-i&V$ City of intik t C-41110r—Blidld:ing and Commun:rty>• Slarldards DegaTbm-n# rvd ,Git}�IGfCC l�rlterfer 4rg 6301 Shirr- Kri uk FdTk ma , 9rcltUyn Cuier, VN 5MM-Mg i Phteo! (765.1 W3 -33W I TTY. 711 1 Flt 1763) 569-3160 BUILID M G MM C OMMUNITY STANDARD S 5240 DrEwAvo N . X - B RjO dL Y N mental l Lfiuensoffitigafion Plan CENTER Typa IV Lioense Sign aria Verify I verify thataU irkformatian praVdled is true and Murate. I understa-fld that if I do not carnp[y with the approyed NtitigaNan Plan, comply vAth all Items vA-[in fte Imams prim, or -Dperatlelbeyund the licerize expir-adon date, enforoement 2r,111[ans such a -s c1ta-lions, formal complaints, or licence re, view may result Can1lit5Lrjk.e PrOKrffe!j UO 0 wTN*e f A 0 er, t.P.9 re I a end TN (Plessue- Pf rNO MMOIG Peul Wer A dffUDnwOm7xwcY A pnr Npf s!�,and TeNr Prhit) row A dff W04.6f OVMe1CVANW WgnMfur& (If ApAinabfej C;ty Sew Only FcWht,o D up admu a In -9 4?r, %in M, NY Slan dard-s b C -pa r f W1 PON -P;'q® j5e6 TPPI, FLR*r9-0 Lkvn" W9nLL:vF Rz-,4 RQL� Cify OfB-ZO01 : UGMIU—ily 11%7"aads Departmant .9 City Council Agenda Item No. lOa #2 COUNCIL ITEM MEMORANDUM DATE: October 24, 2016 TO: Curt Boganey, City Manager FROM: 11 ���� �� �� �� �� �—��( Sharon Knutson, City Clerk ��byl � •'-'"-- SUBJECT: Type IV 6 -Month Provisional Rental License For 3307 63rd 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 £or 3307 63`d 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 £or 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 pwner is applying for a new rental license. This is a single family property. This property qualifies for a Type IV Rental License based on thirteen <13) property code violations found during the initial rental license inspection. Staff from Administration, Building 8c Cornrnunity Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III o£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: OS -24-2016 The Owner, Rosemond Coleman, applied for an initial rental dwelling license for 3307 63`d Ave N, a single family property. 06-23-2016 The owner called to reschedule the rental license inspection. 07-06-2016 The Owner called to reschedule the rental license inspection. 08-15-2016 An initial rental license inspection was conducted. 13 property code violations were cited, see attached rental criteria. 09-12-2016 A second inspection was conducted and passed. 09-21-2016 A letter was sent to the owners) notifying of qualification £or Type IV 6 -Month Provisional Rental License, including additional requirements to obtain a rental M/ss/on: Ensni3ng nn aHrncOve, c/enn, s l , /neLes3ve cdn�mnnlry @n7 ei:brv+ccs Oer gnnbry jOf for n// pedp/e nu,/presnves tyre pnb/lc /rns! license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 10-04-2016 A Mitigation Plan was submitted. 10-11-2016 The Mitigation Plan was finalized. 10-14-2016 A letter was sent to the owner notifying that the hearing before the Council will be held October 24, 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. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also -- -- Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust 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: Ensming an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public frust /3 , •�. •, 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 entrances the quality of life for all people and preserves the public trust Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Service & Part I Crimes Inspected Unit Code Only (Calls Per Unit/Year) No Category Type I — 3 Year 1-2 units 0-1 3-4 units 3+ units 0-0.75 Type II — 2 Year 1-2 units Greater than 1 but not more than 4 1-2 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 5 or more units 3+ units ' Greater than 1.5 but not more than 3 Type IV — 6 Months 1-2 units Greater than 8 3-4 units 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 0-0.35 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 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people mrd preserves the puhlic trust 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 D .__ .MM ST A X ity �f BUUMINC RDS # I i Rental Llrer se l!i9ilagation Plan CENTER Type IV License Hand-wriffero Alifigation Frans will not be acceptad, A filtahle fofr oan be fuurld on the City's website at erva-i®d.cityofbrooklync.@nter.aer or call (703)t;579�3330 to have an electronic copy sent to you vie email, ertvAddt s 300 Q -3rd Pope No Brooklyn Bentfr ,MN 58429 Rosem d Waman er's Address; 220763riAve No. Wcaktyn Cenler, LIN 6509 L;UTrent P-xplrt (614)7414895 l�osem�ndcolemen ����l.cr�n'i 6 Date: i � �r�a,4�ian'l�'�•' 13a5ed on property conditions anriior valkiatud police nuisa ice incidents; the above referenced property tlualifies for a Type IV -6 Month Rental License. Priar to appiicaiion approval by the City Council a fully coo pfi� lad Miligation I Ian must be'upmpleted and appro-dod by City staff, A Mitigation Flan must be campletod irrurnediataly in ordet to orlsure timely completion of tho iisorisa application process. The Miligai�un Plan, should indicate the slops being taken to Ofrect identified violations and the moasuras that will be taken to erhwre ongoing compliance with City Ordinances and applicabre nodes, A Mitigation Plan allo%v. the cwnuf and the laity to review concerns and idontity possible salutiwis to improve overall conditions of tho property, if the Mitigation Plan is not submitted, and all items am not comptated within the pending license penod,<fot theabovo property operates t:ieyond the license expiraiian data, onforument 8i;tioil5 Bloch ss dgagrt, foirnal complaint, or liconse review roay re!5ult, Befwo submitting, fill -taut Sections: A., [3, and C -,k3,4, ind F% a,.+ Fuge 1/6 1ypetV{aMsf-&,,sheI„i"E�i�i�i City of Hraoklga and Community Standud-H DePhAztieni ff.VW.s4y'�►br�*ts-ntkn�r�.or!j 6*,"YJ 1 6ht7g)9 0reeX ParVves , BrocWy„ GLiY.er, car; 554:x.-21 E9 1 Fhaw (7f 33 rv.-W 30 I Tre: 791 I Fsk: (7f33�.69- .69-MBD BUILDING AND COMMUNMY STA-=-- ARDS XBROC�IYSLYN3,,.G763rdAveNa. enrer,F a 65 429 - -- - Rental rse-Leitgatiian PlanII Type IV Liloense actl r A—Crime Free Houslag Qrogrirr Re qu rements , . Phase 1) use a viritten lease agreement The lads- a�reement shall include 1he Crime Free Housit•rg Lease Add ndurn_ A copy of the lease agreo ment and Crime Free Mousing Lease Adderidurn must be attached to the Mitigation Plan when submitted, 2) Agree is pursua the IErrn;nation or lease agreemerst or Ek vUon of tenants +alio violate the terms of the lease or any addvidums. 3} Conduct criminal background for all ne<.v praspamtlQe tenartt& If it is a current teriant a new background check is not required, lOust be able to pnwide dDcumentalion to City if requested. ®4) r` iUwd a C4 approved ei jht-hour Gritti Irnfomtation for 3ppr v A moursEs man be fauna at %vArvr.rnncpa.nEt ander the ralnrrrg and V- tab, A copy of the Crime Free Housing Certtilrat�! rel Usk be attac'hod to the h7itigaVun Plan when submitted, Crime Free Housing training was cornpleled onfis scheduled for: --- Ovrner or agent atteridedlis plat nhig to attend training at city of; sraoLNri Pork(IDEC 7 Z b) SLrbmit Monthty UpdateA by the 1 D'" day of each month. F�tta;sl� tt 1) Cernplole a Security Assevsment and imple-ment improvemRntS requesimd by the Breaklyn Center Follco [M} pa r1 m2nt. To schedule an initial or follow-up Security Assiessment, call i 76Sj 5619-W-4. A follow-up assl�ssmemt must be completed before the license expiration [fate to *vnrify It -j€ security{ ifnpruvemant$ Nave been implemented. If a Seix iiv Assessment has been pravlousty mampleted, write the marmpletion rate, Security Assessment was eornploled orvia. schedu led for L1 Seourity Assessment fnllovl-up was Oarnpleted antis scheduled fir � C' vntinue Sections A, Phase III on page 3. Pages Z -B Typp W .arharPla%Row, 4-114146 Gilt of BxDnklpn Conti) r—Baitdiny aril Q4rftwnLftffyStandards Department ��a�ti,a�ij�r�}rc��kt� tic tit r_ar 6301 Snirg63 Oreak Psrh%we, Bre- ryn Gent,-rP lffi16C-420-:21$9 I Phase: (Ms 5E3 3137 I TTY: 711 1 'Fag: (M) E654UQ BUM -DING AND COWHAITNIW STANDARDS R�O 9k LYN C Cl EB1f*%1yn CcnirrJAN 55429 Rental Liftnse Mitigation Plan 14TER Type IV Lluonse SectlDna A—Cilme Aiee HousIng Program ReqWrewrenty (confinued) Phase III 1) Owner or agent will attend a! minimum -1-50% (2) of the A-R.M. rfiaefin-cis, TheA.R.M. mootin95 must be completed within ffia rordal license VrlDd and before the pone Ing Typo IV Liconme expiration date, Registration Is. not requiredi however you mwil S" n -in during the meeting. Writo two meeting dates an owner or agenil plan to attend, Oy'lnrar Pr agent will attend A -RRA, rneetln-p st;hedi4e-d on: arid 21) Halde no repeat code vblations previously doctzm-e nted with the past y&a r. The following actions are required for properties with four (4) or mom uriits' 1) Cpriduct resident training annually that intlajdes crime prevenifan lachnEques, 2) Conduct regular rasiftnt meetings, P,3,r%�[ 3�6 Yffl? IV Pi� I WEC &I ftt M11f�!F.31i5n FV�Wj REv. 44445 CV7 of 11roWdyn Center—RaUdingand CGrrPMAT!fl7:Rt-aPdard3 DepailreLtni EL301 Shifol_ awb2k Pz&b-Py. Brc%ft1n Center, MN 5E430-2139 [ PhL-n5: (78-21 -IV1:'133!jj l M: 711 I ren: fM) E&�-AZ ]BUILDING AND COMMUNITY STMMARDS cit T 3307 s5rd AVO- N4 RratMp �Genter MN 66429 Rental Llcenso Mitigatiprl Plan CEM�M'fypi� IV License > t1 13 Larr :T'nr ��dt �r vement p1m Basad On eenalit un and age, estirriat-nd rap nernent dates need to be piovided for common capital items, Funding should be considered accordingly, Nems 1hal are brek6n, viorti, orotherwise in *latien prcorta the estimated replauerrient dale rk-Ld to be replaced soonar_ All ilems must have a plate 1'ar Estimated Raplacerrieof Vale, Dates such at., "umure", "don't know", or "when brokc-rr" wiil not by aGcGpted. If you are umure of when an perm will need to be replaced, you can maks a predidian based on the .9ge, appearaneb, -condition, or rnan facturerindListry r"ur iirGandaffuns_ Additional Iriforratiofl on Expected 'I.Jsetul We Can be found atvNAv,hv0,,gGv. Item Date East Replace -i Carlditi=n Rx:peetO Repla6amant Date uc nip �_ Wator Hoater ' . May 201,0 + Furnaca August20011 F Auguut2024 Water He -alter May gal I F WAV 2020 Kitehon Applia aces Scptrrnt�3r 2016 H Saptemter 2030 Laundry AppGa n s FetSru�r� Ta September 2U5 Snicke Ale e� Carboni Mon -oxide Abr 5 Msrch 2016 N rlardb 2026 Exterior Items >' Ir3tf ldin � u� G, JLEr4 2027 it dffiVs August 201E N kgust2 0 Roof May 29Cip F May 200-5 Fence ,lune 2000 Q 2029 Shed June 2011 G June 2M Garage Oduber2014 N Odbbe 20 -27 -- Driveway September 2014 N Dct X2020 idetirrat�e June 2408 G Jurie 2026 Other: ;Condc ion Abb(e1MUorrj Ne%v=N Gopd=G Fair --F fle. Rupe versant=R Rip 4v Tjr19JVRenW Lknm5q MWki.,&LqFTsr?. Rev. 4-U-15 City ❑#gs4r}WynCenfer—B01ding and0basmvn$#jr l�nd�YtE I►epaxdmant 5d�'dA'.GIr�+�+ardrktyrraart�r.G 1-101 shingle cf&-4r ParkAay+, ero7klpn CerarAr, NIN 5543D-2193 I PKmv; OW) 0.63-133311 t TTY: 711 1 Fa:q_ (733:) &E -9-328D XEBRO IN _ST S t1{ a�f --b 83x7 Fj3r4 Ake ?Jv. rcr �fNTERyn Gerrler- JAN SE429 Rernfal Llconse Mitigation Plan Typo IV UconsG � rbna , pups D frrrpmve Managenent and Coin Nom off .. ,pprt The Items in thea section leave been, ptov rk to assfst with fire fly managerne nt and properly innage, The following ar-tions arra r -qui red, i) Check-in t ith tenants every 30 -days. 2) Drive by prcpady io check for possible sada violations, 3) Evict tenanis in violation of the lease or aro} aMendums, 4) 'Remain tvr'rent on all utirrty fees. taxos, as3es5rnents. fines, penalties,, and other fPmancial c:lalrnstpayrnents due to the Cihy. 5) Other: Tho folloviing actions are Gptfceial unloss required by the Myt 1) RrulAde latiwNsnow service- } Pr,vldaart�+acie service, 3) Install security system. 4) Provido maintenance service, plan fir appfianc-es. MArne of service company_ If the Typft N-6 Morilh [ental License is approved �y the City Council, the licengee must cofflpl�y with the approved, Mitigation Plan and all applicable City Codes. A weitten report must he submitted by the 10'h day of each month with an update of actions Irving taken: by the ovin�ar ancuor agaritto carnpaly wIttt this Mitigatiop Plan. A Gopyr of the Monthly update can be found on Page 7, A tillable form can be found on the City's wabslte at wYAv.ci"fbrcaklyn nter.org or calf (763) 56��aaU to have an electronic snpv sent to you via email, 'lease attach additional in#prmation if n9cessaryi p' -Jo S1 Tyr,- f .#vr<1!BPiicerwe Wip K—m Rm, Pe v. 4-14-15 CKVof Bwok1yn C e Mt:k—B LA ding and Ccrn rardty gi&ftdard3 Din partrniLiki vFa k,c F� f iruCkl�nCtSntir?]r[J C1W1 5hin!)Te Creek Pmrh%wip Brwktpn Center, FSI 5` 7.J.2159 I P hclnc-: pds } 5CMY-114 I 'QTY: 711 I Fax'. S16'3) F0- to XUkEMMI NG AND COMMUNITY STANDARDS 5-507 fjUlj Avo No. LYN Brook4ln Cer-derjAN SS420 Rental 1-1cortso MItioation Plan ENTER Type IV 1 -1 -cense Sign and Verify 1 verify- Ihat all infDrmation pruvideW is true and accurate. I undefslani:l that if I do not Gomply wilh the approved MWgation Plan, cGropty with all hems Wilhin the license period, OV OPeTate beyand Lha lRcense oxplralion dote, enfw- ement actions such as 61-afluns, foTmgl complainis, at kioense retiqew May result, f3oPel-r4fid Coleman OvinerorAgen-T Ikamn 0i rf TA?a (Pjg,-j,7ejPfinJ) . i � Em Rogemond Coleman Y'* -'F' , L%3 1 OVU2016 Cu sy,L if'O IS ik it piqy DAT.w--rOFAg8Ilf flare A ftWff io n af 0 wp-er rjr A g e- rl r Ju fft& -m, f.'? Uf ks. (if App Uvab,'&, Me PAil 1� Add6armil Ovmerci-A4 ,�rd DFils _....._._._._._._._.._,e.._......... ...... ---- -------- ------------- Uty Staff Only � _75 i- bmmer W%W e. uy, ay tan dards Depsamemt le , Rdmt S: P. -le FST TYP6 Jv Re,-IfN mo, RA -v. 444 -is CHY Ot 33nok4ft Cenlez—BW141ng WLTid ODninwaftV Slatkd&rd-- D0j3QrtrnQjLt I F-!1v-'B:4763)EI-j3-3-YY30 I TTY711 I FRX:JT,-' r:56-9-32PD City Council Agenda Item No_ lOa #3 C07JNCIL ITEM MEMORANDUM DATE: October 24, 2016 TO: Cur[ Boganey, City Manager QQ��^/�.�.� �� ��;�p1,, FROM: Sharon ISnutson, City Clerk 9r�Y'itn�ul� l i 1fW�t+'` SiJBJECT: Type IV 6 -Month Provisional Rental License for 6225 June Ave N R¢commendationv It is reconunended that the City Council consider approval of the Mitigation Plan and issuance of a Type IV 6 -Month Provisional Rental License for 6225 June 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 prepaz� proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a new rental license. This is a single family property. This property qualifies for a Type IV Rental License based on sixte¢n (16) property code violations found during the initial rental license inspection. StatF firm Administration, Building 8c 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: 06-24-2016 The Owner, Came Beckmann, applied for an initial rental dwelling license for 6225 June Ave N, a single family property. 07-19-2016 An initial rental license inspection was conducted. 16 property code violations wore cited, see attached rental criteria. 08-19-2016 A second inspection was conducted and passed. 09-06-2016 A letter was sent to the owners) 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. mn../o.+: E»s»,t»g »,+ rs»rrselrve, ere»», sem, !»d,+srve eo»..»»»ny mrsr a++n»»eea me p.,nnry 1/1 for rs!/Pe P/e m.dP+'eserves the P++blic »v+sf 09-23-2016 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. 09-20-2016 A Mitigation Plan was submitted. 10-04-2016 The Mitigation Plan was finalized. 10-14-2016 A letter was sent to the owner notifying that the hearing before the Council will be held October 24, 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. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust 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 tonna pity that entrances the quality of life for all people and preserves the public trust 111 !`Fill r , � Dental License Category Criteria Policy — adopted by City Council 03-08-10 1. Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2. Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3. Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4. License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: ® At least 75% of units will be inspected for properties with 15 or less units. ® At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Service & Part I Crimes Inspected Unit Code Only) (Calls Per Unit/Year) No Category Type I — 3 Year 1-2 units 0-1 _ 3-4 units 3+units 0-0.75 Type II — 2 Year 1-2 units Greater than 1 but not more than 4 1-2 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 5 or more units 3+ units Greater than 1.5 but not more than 3 Type IV — 6 Months 1-2 units Greater than 8 3-4 units 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 and preserves the public trust ij� 1`11111 111, Budget Issues: There are no budget issues to consider. Strategic Priorities: a 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 BUMING AND COWNUUNM STANDARDS CE AT ty of BROOKLYN Feat License Mitigation Plan -. Two FV License Hand tion U16gagon Plans will nipt be aguepted A fillable form can be found on (he City'♦ %vebsim. al %v xltyolbroaklyrn of-r.ag or cell (M) 669-3030 to have ars elec ronin copy sgnt to you rrla email - Based ars pmpi nq candltlan apillar val1dated police Flutuance incidents. the above referenced property quali%s far a Type IV -6 Month Rental License. Prior to appfieatlon approval by the City C-oano! a fully completed h4ifigalion Plans must be completed and approved Fey City staff. A WfVtion Plan must be completed lmmediafel; Irt order to ensure timrsaly earrrplelian of the license application process. The hiiflgailon Plan should inid}rata the slaps, belrrg taken ti;� c4nrgut identrfiewd Violations .and the measures that wlll ho talon to tnture ongoing =mpGariee with City Ordlirarioes and aPpllca6la AAs. A Mitigation Plan $Jbws the +n?1ar and itytD review concerns and ltlaniby possible telutlons to i -opmve everall cDndiliorks of the property. If the Mftatlon Plan is not submitfad, and ell items are not completed within the pending license perloda or 1ha abovb property operates beyond the license expiratlon date, enforcement acfbarss such as cllatiftfl, formal complaint, or license tewiew may result. Pap? TA Before submitting, f1 I --cul Sactlons A, B, and C locatad on pager 2, 3, 4; and 6, Type?VPevPa(L'�rtisvAepaffwr Fk { KOV.4-1445 city of edComam 3-qf yS1andaTdai epalimaya vnml t ��iyrE; rl�s.4r� I F'h p 35` 7 I TTY:711 l Fad qOf 4-yM :P W25Judi p,, *N n�FaRT�9; irarrl� t3�eJar�nn Lclghrtts; : i►m� r' tin s�; -4=2 Novmdoi diva N ' '• `" CrYWI.Mho542$ '- rn�r�s,a�eftib�F�,mnrrmll.am,.: dent's Antall Pxplratld� _ �De�t� l.F�yv 1 1 —' l� .• ... ..i...u•.. _ s......... _ .-. - . ,� __....... - [�it�.In.4.hr�tF�i`�?ittSl-- . ... a ,.... .... Based ars pmpi nq candltlan apillar val1dated police Flutuance incidents. the above referenced property quali%s far a Type IV -6 Month Rental License. Prior to appfieatlon approval by the City C-oano! a fully completed h4ifigalion Plans must be completed and approved Fey City staff. A WfVtion Plan must be completed lmmediafel; Irt order to ensure timrsaly earrrplelian of the license application process. The hiiflgailon Plan should inid}rata the slaps, belrrg taken ti;� c4nrgut identrfiewd Violations .and the measures that wlll ho talon to tnture ongoing =mpGariee with City Ordlirarioes and aPpllca6la AAs. A Mitigation Plan $Jbws the +n?1ar and itytD review concerns and ltlaniby possible telutlons to i -opmve everall cDndiliorks of the property. If the Mftatlon Plan is not submitfad, and ell items are not completed within the pending license perloda or 1ha abovb property operates beyond the license expiratlon date, enforcement acfbarss such as cllatiftfl, formal complaint, or license tewiew may result. Pap? TA Before submitting, f1 I --cul Sactlons A, B, and C locatad on pager 2, 3, 4; and 6, Type?VPevPa(L'�rtisvAepaffwr Fk { KOV.4-1445 city of edComam 3-qf yS1andaTdai epalimaya vnml t ��iyrE; rl�s.4r� I F'h p 35` 7 I TTY:711 l Fad qOf 4-yM M13 N A JMM Rental UOMO Mitl-gatfvn Plan TW 1-1cerme Kama I yI 1 Use o men Lease agraen)aaL 7ba lease qreement steal[ Include the Crime Fr ' Housing Lease Addendum. A copy of the [case agreement and, Crlrne Fran Housing Lcase Addanditm mu3t be attached to, ffhe MR11ga0on Plan when Submitted. 2) Agrog to "rsuo the tefminallun cw lease agreement or eviction of tenants who Violate the tar of the kale or any addendtiffis, 3) Cimduqt Liminal bat 3s check for all.prospecWe tL -nant. it itis a cuirent . tenant a new background cMck Is riot reqw4edl. MUst be We to provide dog mnlatioin to City Jf requasb'--d' 4) Attend a City approved el'ght-hour Crime Free Housing imln* mursa. Information for approved mmes can be found at iYmv.rnncpa.nat Lwidat 14c rrd var?fs tab A copy of into Crim Fma Hmml.n.g Certificate mit be attached to th-a Mitigation Plan Wban submitted. , 40 Gffrna Fran Mousing training was etornpleted anfLq scheduled for 10�-� Owner or agent atten-dedFis plannIng to attend training at dity of -'..95 PAW -5) Submit Manfhly Update by the ID" day of each month. Phase 11 i) compteto asectift Assessment and lmp3ameni irripmvamarkts r"uastad by Vie Brooklyn Center Police Department To schadula an initial orfoqw-v - -p Souft Assamwk call (763) 569-3$44, A (*flow -up Rs!sua-5ment must be complatc4d before tho lira expirallon date to Mily the se"Mity [rnpmvemertts have been imp I ternented. if a SectiFityAnnsmeritliar been pravigwilywrripleted,vAethe ciampbtlan data. Seat riga Azze-jorrient was cornpMed onfis schedured for 10MAG SecuTity Assessiximil: fbllow-up was cornplatedardla schWed for; Caritlnuq Soolim A, Phase III on page & paw zu Cif -g and ConlnWnhy Stand&145 DeV&k1[=*1d 2UUdin I Phi: (7a3)SW3;M I TTY.711 I BUIMING AND COAMUNITY STAMA"S City of City of Jur* �4v-e N JC�: CrBraO'kV n Center, IAN Rental UrAlisa Mfgation Plan IPM R Type W Ucense � rigC-ylrd& fie'Ho ReqO*tmenft fcontl=4 1) Owrtar oragantMill k%jjerLd atminimurn 60% (2)orthe kRm. meet rigs. The ASM tneetiio� must tae completed w4b*1,6� mntal license period and before tho perwt - I - .. lro� Type IV Licemsio expiration date. Rqistration is not reqtflred, hDviever yo -u Mit 83grt-in during the ni*-Ellfng, MO two meeting datesan CWer or agent plan to Owner or agent will acte-nd A-R.M. Mae(ings schodulad aw 1111511 B and 212116 F -In vi 2) Haya no mi4mt ode oulations proviovoy i m orated vib the post year, Tho following apt ons are roquimd for propartin wM four (4) or m.0. re vrflt-si 1) Conduct E-IdOOR VoW 9 anhUally that ndude5 CT me pmwrtion t ecb 2) Conduct Fegular resident meeting!o, p6g, m TPPSAfRemUtm?A- I.-tifflefforp P;BT), Rav. My of ATooKynCenter—BuIldInEr and Conunmnity MmWayds MepaAmisrd AVAW.0 �,,yrAc*t&jrioa n ter.org I I TV;711 I FW, (7&3)5fi9-3ZM0 BUHMING AND COMMUNM SUMDARDS AB RCCC0 E, Y vfM MY June Aye SauMyn Canter Rental License Mitigation Plan ... Type W License Based on condition ani age, estimaked replacement dates need to b,-, provided for cummo'n capi!31 items, Fundlq should be aDrksMered amFdk0y. HeMS that are broken, woo, OF GtheRVISe'M %dolatlon prior to tha es-*nated Yeplacemant dale mod to be m1ptaced sewer. All Items must have a dgt-e f& Es _t ym� tv "Whmn 91&d Ropjac-OM-r?t Da�o. DgItes ata awl -unBur broken'j wnj not W accepted. It you .ire unsure of when an, itern will need to be replaced, you ran make a pred-k1juTi besed an the age, OPPOOTSnue, Condibun. or Manufacture, indoullry revurnmenUions, AdOunal WoTrnoilon on Exp ted Useful Lee con be JuvrW at vmr;v.hvd,q.*v. [tarn F—b=pfp: VV'q1&rHffa ter Funnow Water Heater Ktchen Appliances Laundry AppHancas June -Z'flGB ,luneMOs M By 6.0 14 MEY2016 - SMORe Alarrn-d carban MonoxideAlamis 'LOn16 Exterlor-Iterns. PalrittSidi0q, WIR401va Roof Fence ehad Garage DrIvalvay 81dinwIks Other. Jung 1907 June !99-f Jilt/ 2001 dune 107 NA A Lh?j,-4 1 EC 5 Acne iW A,VYjM 2015 T,mdIffan Ahbrev'13UOK Ne�. H Condiflont Expected Roplacomamt Date F' Juna 2M G Wy 2021� Wq2036 N jily 2026 G G a F Juno 2027 June 2427 Ju1Y=l jury 207 Augw-L 2(140 JUno 2027 August 2035 pIqeds Repk-,ement=-R Tyl NIX AT R - Ev. - 44445 Ej -Shinplb Cw-k Nrkm" ly n1&,16j4M450Qj-% Pint: 13rank nC-- pne-X761)SM-H%M I TTY' 711 I Far. 17E,;) 559-,q 3FA lily !INN 1- - .BRO !I _. - G 5,durrchvsr Fl C - OmMyn CWTir, M N Rental Urwi ise h1 ftatien Plan Type IV Licence Sections 1OPS4e 1w, ye Aforra M'Ot arld Gondfivons Orpr The Items in this sedian have Wert proven 10 a5oir;�t Oth property rnaflagernent and pmperty image, The foliowving actions aria required: 1) Check-in wwlih tenants every Maya, P-) DdvL% bypfiaperty to check for pwibie code violattans. 21p Lvist tenarits in violation of the lease or any addends. , ' 4} Remain curieni an ag utllity fogs, taxis, assegsrrr�ele, fineu, ;penahieu, and ether financial daknslpymthts dua to the C-HY, Tisa following aotiona are 9ptionai lawless required by the Oity LJ1� Pr da lawn+anaar aervice. - 2) Provide garbage service. 3) Install security systam_ NoWe Trio tenance service plan for appliances. Plarne of service Company: ) Othar If the Type IV --G Month Dental Llce,nse is approved by the Cliy Cound'l, the lieehtee mast comply Witb lie approved hrlit iori Plain and all app-Iisable City IAde& Awriitten report rriust The eubmitted by the 10 day of each month vrlth an updato of act%,ns baing taken by ffte owner andfor agent to wimply w]th this MItlgati€ n .Plan. A copy of the Monthly i_lplate can be foLmd a}ri Fuge 7. A fellable form van be found on the GI 's website ,at wymeitye,liirnokfyncenter,org ot ll (7 3) 569-3330 to have an e[ec onle copy sent to you aria emall. Please attach additional, Im" armatlon if neco ar , F"�e &U- 'Trti* T J'Rnmla►L tr= ffps'Re; FgY, 4-74-15 ill#�af�r���C1grtnj�s=>�s�tdln��n��m��sa[�}+�l�edanda�e mai w�.oa.rity�ltret&lyrrr�,k�+r,�rg 001 Shinglo OmskP.Rkloy. BroOlyn Nnxer, NIN ssA30-2159 I Phone: X753) 553,9WO 1 TEY:711 i Fax Co 711 BUIMING AM COW99MM STANDARDS Ci �of l &C KLY- IT an- J;�ontal U-censo Mitigation Plan C E_. WI License IV Linso R alga and ve*' I veiffy ihal all infunn,96on provWved W fru-a and accurate. I under -stand that If I do not comply with the approved MICI gafianPLqn, comply wK h all Itarns withIntha license period,.ot p ial beyond the license oxplracry date, enforcement avii6nmsur ,h as citations, Formal compliants, or 11cense raviaw may result Curio E"*JTAnh Ckmer uAgent Name i3 -W T& (RkaW Prw) N-fe Owwcff Agurd Wgrt*t Adffi'Waf OvinsrzTAgenf lksr and TWO ff �p'Mk; ROSES Prbi) Adddma f Own sf or Aze r; f "G, W (111 U aN'e) Date city staff only R-00 Type ovj;?enrd LfcarseAftArr Rm, Raw. 4- , Ci'y pfzjetm�ltip omder-_-BLU 1ytrbfb&p& le rora TT -f. .711 1 Fax: City Council Agenda Item No. lOa #4 COUNCIL ITEM MEMORANDUM DATE: October 24, 2016 TO: Curt Boganey, CiTy Manager FROM: Sharon Knutson, City Clerk �lrY� �'*f" � t / ""r"-'�-- �' SUBJECT: Type IV 6 -Month Provisional Rental License for 6900 Newton 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 6900 Newton Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. I£ 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 N Rental License based on fifteen (15) property code violations found during the initial rental license inspection and zero (0) validated police nuisance incidents for the past twelve months. Staff from Administraflon, Building 8c Community Standards and Police Departments worked witty 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 recon�rraending 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 abrie{history of the license process actions: 06-24-2016 The Owner, RHA 3, LLC, applied for renewal of the rental dwelling license for 6900 Newton Ave N, a single family dwelling. 07-13-2016 An initial rental license inspection was conducted. 15 property code violations were cited, see attached rental criteria. OS -16-2016 A second rental inspection was conducted and failed. A $100 reinspection fee was charged to the property. 08-07-2014 A third inspection was conducted and passed. 08-29-2016 The $100 reinspection fee was paid. M/aslort: CirsruJrag mr nmxet/vc, clersn, sem, isrcfuslve conruuu>/ty fhnf rnhrsncrs>1 r quntlty of /j! for rs!/Pe Dfe m,dpres¢rves Ih¢Preb!/c hzrst 09-21-2016 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 09-21-2016 A letter was sent to the owner(s) notifying of qualification for Type IV 6 -Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 09-23-2016 A Mitigation Plan was submitted. 09-30-2016 The previous rental license expired. 10-04-2016 The Mitigation Plan was finalized. 10-14-2016 A letter was sent to the owner notifying that the hearing before the Council will be held October 24, 2016. If approved, after six months, a new rental license is required. The license process will begin within three months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust 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 fiutherance of the mitigation plan during the preceding month. Mission: Ensuring an attractive clean safe inclusive community that enhances the quality of life for all people and preserves the public trust 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: Ensw in.- an attractive, clean, safe, inchrsive community that enhances the quality of life for all people and preserves the public trust Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property 3-4 units Inspected Unit Code Only) 5 or more units 1-2 0-0.35 Greater than 1 but not more than 3 Type I — 3 Year 1-2 units 0-1 Greater than 0.25 but not more than 1 3+ units 0-0.75 Type II — 2 Year 1-2 units Greater than 1 but not more than 4 3-4 units 3+ units Greater than 0.75 but not more than 15 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 Category Number of Units 1-2 Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) 0-1 No Category Impact 3-4 units 0-.0.25 5 or more units 1-2 0-0.35 Greater than 1 but not more than 3 Decrease 1 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units 1-2 Greater than 0.35 but not more than 0.50 Greater than 3 Decrease 2 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 c Mission: Enswing an attractive, clear, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Budget Issues: There are no budget issues to consider. Strategic Priorities: ® Enhanced Community Image Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, safe, inclusive comnundly that enhances the quality of life for all people and preserves the public bust BUIMING AND CONMUNITY STANDARDS BROOKLYN Rental Lloerrse Miti-gallon Plan --- -- CENTERTy"-f'ar License Har divrilterr MlVgation Plan -5 will not f7e accepted. A'fillabfe form can be found on the My's S absite at wayi,cityotrooklyfncenler.org or call {76$) �C39r33 37 to have, ars elecironia oopy sent to ylcru rria emall. Pnapeety P-ddress: G900 Nevitcn Ave H 0#%,ner'6 f'a n,e(5�a RA 3. t1 0vein er`a }address: 1611 GDunhy Road 8 Weal #104 Raseville, MR U5113 Owner's Plane, (470) 260j'33B O 11 M Local Agant(sy MavonErc• i-4ca,18s Agent's Address: 111 EGD m1} Road a X?&M 9104 Ro &-Villai MR X5713 Agent's Phone, (47G}26s--39aG Owner's Email, r7na8 haavenbrookban7es.wm Agent'& Small: rnn�c�h®4�rr�rc,�M�rrnev.r€�n tirre,rrt Explr tlorr Dalwn Pohding Expiration Date; (5b; mrxV.hsircmcurrpnrgkpif8IJ0 i) Va.sed on property conditions aritior validated valiva- nuisanco bidden#-,, the ahova referenced property qualifies for a Type IV -6 Month Rental Ucanw Prig to application approval by the City Council a fully completed Miiga lion Plan rrim;t be completed end eppro red by City staff. A Mitigation 'iali must � oomplated irrimedlately in order to ensure tirnely impletion of the license appllcalion prowsS. The NAM— alion Plain should indicate the steps being taken to co rest identified violations arra the measures that vhll be Wen to ensure ongoing t-ornplian€e with C-rly Ordinances a a pliceble codes, A Mipation Plan allovis the ONvner ant[ the My to review concerns and identify possible solutions to improve overall conditions -of the property, If the hlitigation Plar7 is not aubmitted, and all items are nos1pleted within the pendfjlg limnm period, or the above property operates beyond the license expiralion date, enforeerrient actions sucli as citatimn, foarrnal comply -frit, or license reagev may result, AR'ge O.0 Before srabmIlting, fill -out Sactions A, S, and C focated an pages 2, 3, 4, and 6, Type ftp RcnrW. ksms, MTi4tyftyi Run, Rev, 4-m is ,011y of Bje oklya Gtntei—Building aqA Cgrnmuritty Standar& nepartl m. o yr •h�r.rFttt�Rs rGbt rrxrrkar, r� €171 Shim Creak Nwkway, Ori-okkin reenter, FAN 5527-2199 l Ph�nS (763):5&C330 I TT', 71.1 9 Fick: (715x}&F�wi36Q TC B Cid ST S ty ar Rental LisMYN ett a Prlitigallan Flan Type IV Llceriae Sections A—Crt a Free Housing Program hRequireme is phaea1 1) U2L, a wrillen lease agreement. The leaseagreernent shah Include the Crime Free H sin,9 Lea5p_ Addendum, A copy of khe lease agreement and Crilme t=ree Hensing Leaso AddQndurn must 6e attached to th-D Mitigation Plan>,w4an submitted. 2) agree to pursue the Iorrt3inwibn or lease agreem nt or evietion of tenants 11rl10 Violale the Mi'ms of the fease or any addenrlums, 1) Q`oncfuot criminal backgmund cheGk for all new prospective tearants, 1f it is a e-urfent tenant a new baek9tound ehe.ck fs not required. lv$u5t 4e able to provide doczurnent-3ticn to Cil:y if requested_ 4) Attend a City approved clrght- tour Ofte Free Housing irainln� coarse. InForm.atign for approvad arses can be found .at %vvhYi_mnepa,net uTider the Tr'afrinq aria Cvenls tats, A copy of tht Crime Frasp Housing Cortlficata must be attached to tho Miticgatlon Plan vrhen submlttt-d. &204 Crim,L!4 Fae� Housing traL inf ng was cornpleted orris schedulad for, ` -- - Owncr or @writ attanded1is planning to .attend trairijw at 6tyr oF_ 61 Paul 5) Submit Moohly Update by the 10h day Of 102clI TJIO lt- , F Kase 11 1) Go mleie a Security Assessment and Implement improvernants requested by tloe Brooklyn Gr_nter Polic-e Department, To schscivla an initial or follow -yap Se"rity Assessmont, call (M) %0-:5344. A follow-up afi aeS5nlarMt must be completed before the license expiration nate to verify lhic security improvements have been im.plerrlsnted. If a Sev.Irity Assemrnant has bean previaudy mmplated, writs the eempfetion date, Security Assessment vvas completed. ondis scheduled for; MV16_ Security Assewrnent fallow -up was completed € fYis scheduled fur. T'WW16 Continue Sections Ar Phase III on Mage 3. F�-3 a 2"$i City of I1rdpklgi; RAY— ujjtiSii artsi Cbtninan3tySiandagd43 r3Yit �Iyrrrt����,� 61€11 Brigie_ Greek P-arVxnJ� f. Orcak47h Qmlrr. dAhl'"500-210 I ifnwL-! (7&3) K1-34 l TMr 711 I F;u; (763) 559-33M 1 V lid__ i OY STaXI)A _ . X-BROOKLYN x� �� i a�na hx��vlar, ���v N_ Rental LIGMISN� itigiatl`011 PIzin MTER Type IV Liceme Sections A► rlme Free Housing.Program Requ rar anis (confir ued) t a 1) Cwner tr sgenl gill atiand at Minimum 50% (2 ) of the A.R.M. rneetings. Thi A,R,M. mooting- must be complet-d within, the rental license period and before the pending Tyles IV License explratlon da'te. RegIstration it, not requir-4 bowevar yoU must sI n-irt bring the rneer ting. Mile NO -0 r eaurto dates an owner or agent plan to ettend, Owner or agent will attend A,R.M- maaltr7 s schaduled ori, IR'1W'l6 arid Ill 0;16 j Have no repeat d,; �7vlations pmviouriy doctmented vAh the past year. Tdie flDHO +ingl acdli0nS are required for proparttE!5� w1th four J4} or moro units, 1) 000duot resident Iralning annually that includes creme prevention technique, 2) condoa regular resident rneetings, PORC 3 rO ��p3IVRaNr j(U.-ensePff�t9kn A4zn, iR&e. 4. 14.f6 Cit a#ee�kl��t�wntcr i3u®Idfn� ��tc�mtfiiiEt�a�g�g$M�rartrr«t vra,v.�ry f>,ro}nGri115F:0� Ek3a1 ��9irtiale tir�ek F�rka,}, �oe�+I�iS �ti+.'t, �gi�' SSA�D-�'�7i� j Ptihr�a: I�si?�} �3�33�] I rfl'; X1'1 � Fir:: {��i�1 aE:?•�:i90 BVaMING AND COMMUNM STAND S #�y f IG -DW Namon Ave w — Rent2l Lfwlse D4 i ipadow Plan ENTER Type FV Llnenee Sections B—Long Term Capdial Implevvement Plan B@s.ad nn e:ogditiDrt and age, estimated replawmenthates need to be provided for Common capital ilerns. Fur ling should be tonsfd€'red accordingly, Items that are broken, worn, crothamise in viafzation prior to the estimated replacement data nead to be replaced saarier. Ali items must have a cute for Dates. such 2s; "onsure"' vdoWt kiiO W', -Or "when bmkcm" will not be acicepted. If you ar-2 u -nap re of vfhen an liern YAII need to he reputed, you con- make onmake a prediction based an [be age, appearance, condition, or manufacture rttlustry recorrirneMatlorLs. Addilional' Infcrrmtien on lExpected Useful Life can be found ,at wmv.ltud.gov. [tern Dale hast replaced C -On -Mian* Expocted Replacement Rate Eyarnple Water Heater MiRy X 10 F A4'qy �O;2'0 Pu race Sol W, • U2006 - � � 62 1024 Fence 612025 WAter Hester M01 -S - o 7M2:3 Kitchen Appliances 7d?01,3 r � M2023 Laundry Appl'iarices KfA Smoke Alarms C�arbon Monoxide Alarms Extr-riC} 'i5 ms PaintMding V20131) d'a . n025 - Windows V20W E1203D -- Roof �'- - � � 62 1024 Fence G L Shea MIA -- Garage P+1080000 Dri'eYa-ay 6"2000 43 MOM Sidewalks U200D G - Other: - r,� tlon, avialiona: New=N Oaud=G FaIrFf MEeds Pepla-> ment=R Pr-geU- Typo 1VP.vfx19f 6MO. i hfdipliiur Flab .Rev_ 414-0 City ofBzooR]yh Cetiler—Build]nga-,dmmuntrysiandardt'Doparlrnent ti��,4vr[at�[iGrfi�,Fygr�?�tar.�r� 6]151iirro�lµCreYkF�rkzVaf:Hroo?�5� enl�f,M1it14�� G= i9 I Nmelrt-,1753}5 3.3113 I `LTi; a'it I F a {fik3)°a;53 E1 BUaLDING AND COMIS Z° _ . _ _ S CA �_ � i��xlYrr{i ftt hl I Rental LI t�se htltig ti Pian ENTER Type iV Llcanse Socti-ons rstops to trraprove Maiiapimi8pt aad Cond#ions of P'roparly The items In, ihls section have beAn i MVEi r3 ib a�;t with property management and property image. The folloivIng actions are required: 7] Check-in with lerrants every 30 -der.., nv 2] iDrive try property to ched< for passible code violations, as Evict tanants in violation of the lease rrr any eddenrJu s, 4) f amain curep- t cin all Utility fees, taxes, a z sments, fins, penalties, and mother iigancial c;ieimsipayments Owe- to the City, -5) Q her; -- --- - - The follovrirnq actions are optional unless required hythe City, 1) Riadde lavinlsno�v Service. 2) Po%ido garbage &ervlce. F] 3) Install security system. 'a Pratiido i intenanne r %:e plan for €appliances. Narr'ea of wviCe company; ® 6 other; bi ti,_nnLO roBEng Mairjename If the Type IV- Month Rental LI ort:�a Is nppd-uvod by the City Guunil, the lieelnsee tnusst o5rrmph/ vifth the approves Mitigaikort Flan and all applicable City Cedes.: A wrUten report rnust be sAM'Itted 4y the 10h eiay of each month with ark upidate of attions being #aken by tlta owmpr endiFUr a94Mt tQ 1--QM;plyWith this I itigal.l€ n Plan. A o3py of ihe'lktithly Updale can be found on paje 7. } filr.We farm nen be fejurtd on the Ci4els ivebsite at r-,org or call (7u3) 569-' Q to lure an elKtronic oupy sent to you vla email. Pleas.e attach additional irbforimation If Necessary, Fad - &T, fkpa r`+ Rinrgtk*4?--9 X 1� �flcvi F7'aR, Fcv. ;X7.5 Anil rG-6mi>nuniip Standards Depariment u g1�.Ci► ft _«J}n nler.ug 63111 vhlrafe Crier: Nrpma}, Evoci g, Cert 9r; MN 5543C-21IN I Rhin&— J763p 59-12x30 I TM Is a I Fax; i�93I �+39=s3� BUILDMG ANT-) COMbTUMTY STANDARDS City Of 6-15:00 Newbn Ave N BROOKLYN Rental License Mitigation Plan ENTER X-tcl Type IV License Sign and Verify I verify that all Information provided is true and accurate, I imWerstand that if I do nol comply vAth the apprw,red Pkfigafmn Plan, comply with all items vAthin the license pen od. cir uperate beyond the Eaeris-ie expiration date, enforcement actions such as cilation-se formal complain1s, Gr hicense review may result. Owner OrAgerif NA&.-;9rW T111a jFYeErs-3 PftOi 11� IF, Omendr Add.1j,mM Omiar cvADr-of Nam arid Tdk? fffAppUc&,t4I&, k6a:s-* F�i7V MOW)AW Givntv or Agsrel St narare (JYe'4pTici,r.trv? WSteff only Buff sod CornripaFty MAOdards Dopartrnonf Date City Council Agenda Item No. lOa #5 COUNCIL ITEM MEMORANDUM DATE: October 24, 2016 TO: Curt Boganey, City Manager `` �) �� FROM: Sharon Knutson, City Clerk ��a� SUBJECT: Type IV 6 -Month Provisional Rental License for 5101-03 Xerxes 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 5101-03 Xerxea 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 talwn at a subsequent Council Meeting. BacKground: This owner is applying for a renewal rental license. This is atwo-family dwelling. The previous license was a Type IV Rental License issued on August O8, 2016, on condition of adherence to the Mitigation Plan and City Ordinances. The property wou]d qualify for a Type II Rental License based on five (2.5/unit) 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 o{ 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 o£ denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is cusently in compliance with the ordinance. The following is a brief history of the license process actions. N/isslo//: Ensurbrg n/e rsnm¢rl.e, c!¢n//, s I + !/tefnstve couvnn/✓ry tbnf ¢nbmecrs fbe Tra/i{y of(� for rs!lPeop!¢rsndP/'¢snves Ui¢publl¢trrssf Current rental license approval activities: 07-08-2016 The owner, Dion Darnell Ramsey, applied for renewal of the rental dwelling license for 5101-03 Xerxes Ave N, a single family dwelling. 07-27-2016 An initial rental license inspection was conducted. Five (2.5/unit) property code violations were cited, see attached rental criteria. 09-06-2016 A second inspection was conducted and passed. 09-21-2016 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 09-21-2016 A letter was sent to the owner(s) notifying of qualification for Type IV 6 -Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 09-27-2016 A Mitigation Plan was submitted. 09-30-2016 The previous Type IV Rental License expired. 09-30-2016 The Mitigation Plan was finalized. 10-12-2016 A $125 Administrative Citation was issued for not meeting mitigation plan requirements. 10-14-2016 A letter was sent to the owner notifying that the hearing before the Council will be held October 14, 2016 Prior Type IV Rental License approval activities: 01-27-2016 The owner, Dion Ramsey, applied for renewal of the rental dwelling license for 5101-03 Xerxes Ave N, a multifamily property. 02-11-2016 An initial rental license inspection was conducted. Six (3/unit) property code violations were cited, see attached rental criteria. 03-14-2016 A second inspection was conducted and passed. 03-22-2016 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 03-22-2016 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. 03-31-2016 The previous Type IV Rental License expired. 04-13-2016 A second letter was sent to the owner(s) notifying of qualification for Type IV 6 - Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 07-07-2016 A $125 Administrative Citation was issued for not meeting mitigation plan requirements. 07-12-2016 A Mitigation Plan was submitted. 07-29-2016 A letter was sent to the owner notifying that the hearing before the Council will be held August 08, 2016. 08-01-2016 The Mitigation Plan was finalized. Previous Type IV Rental License approval activities: Alission: Ensuring an attractive, clean, safe, inclusive conanunity that enhances the quality of life for all people and preserves the public trust 06-01-2015 The Owner, Dion Ramsey, applied for renewal of the rental dwelling license for 5101-03 Xerxes Ave N, a two-family dwelling. 06-29-2015 An initial rental license inspection was conducted. 24 property code violations were cited, see attached rental criteria. 08-25-2015 A second rental inspection was conducted and passed. 09-03-2015 City records indicate two validated police nuisance incidents occurred in the past twelve months. Incidents were 10-01-2014 theft, 03-16-2015 burglary. 09-03-2015 A letter was sent to the owner(s) notifying of qualification for Type IV 6 -Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 09-14-2015 A Mitigation Plan was submitted. 09-17-2015 The Mitigation Plan was finalized. 09-30-2015 The previous rental license expired. 10-05-2015 A letter was sent to the owner notifying that the hearing before the Council will be held October 12, 2015. If approved, after six months, a new rental license is required. The license process will begin in three months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 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 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust 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 Mission: Ensuring an attractive, clean, safe, inchusive community that enhances the quality of life for all people and preserves the public trust 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. Property Code and Nuisance Violations Criteria Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trast iipi- IF 111- 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). Budget Issues: Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust There are no budget issues to consider. Strategic Priorities: ® Enhanced Community Image Attachment - Mitigation Plan - Resolution Approving a Type IV Rental License for 5101-03 Xerxes Ave N Mission: Ensuring an attractive, clean, safe, inchisive community that enhances the quality of life for all people and preserves the public trust Member moved its adoption: RESOLUTION NO. introduced the following resolution and RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 5101-03 XERXES AVE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 5101-03 Xerxes Ave N, was issued a Type IV Rental License on August 08, 2016; 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 5101-03 Xerxes 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 5101-03 Xerxes Ave N, Brooklyn Center, MN. ATTEST: October 24 Date City Clerk Mayor 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 COMMUNWY STANDAMS City of BROOKLYN Rental License Mitigation Plan CENTER 7ypa IV Lioaiaaa Hanfiwritte." Mit;gat;.ort plans will not ha acoeplod. A �IIable form can be found on the City's webs(te atwvrw.cityofbrooklyncenter,.Drg or call (70) %9-:n�O to have art elaslronir, c4pY Sart to you via email, Property Address: MI -S103 Xerxes Ave N Owner's Nar e{s}. DIM P --=my Owner's Address: 5-AT9 Lyndale Ave N Owner.- Phone V63)744-6463 Owner:5 Erna.111: r 1 ,f $%l (7bi {�Fforr.�armt Current Expiration Cate; ar3cm AeA Local Agent(s); Agent's Address: Agent% Phorie: Agent's Ernaiit Pair ding Expiration ate; s 2 1 /2-b- I {Sixrewlhs frtai CufrenLenirslian) eas" on pri)party 00nditlons. andlor validalad police nulsanceincidems, the above referenced property qualif(as for a, Type IV -6 Month Rental License. Prior to application approval by the City CouncI a fully completed Mitigation Plan �fMOSt be rr�,plat�tl and apprbv€� 'by Citi SL3ff. A NAWUintlon P14an mast be campleted immediately In orderto ensure timely completion of the license appiicaiion process. The Milicgatiun 'dart Should in&Wate the steps hein9 taker` to eerfeu irlentif ld kriolations and ttie measuris that vAl be taken to ensure. ongoing compliance with City Ordinances and applicable codes, A Mitigation Plan allovt: the owner and the City to review concerns and Identify possible solutions to Improve overall conditions of the property+. If the Mitigation Plarl is not !F,ubmitted, Arid sll iteMs aria not oarnplat€- d within the parading license period, or the above property operates beyond trio license expiration -date, enforcement actions such a s citation, formal WrriplainI. or license review may result. Before st bmItting, fill -out Sections A, 13, and C IQua.ted ori pages 2.3A .and S. Papa fie,T}�a 1 + �,r1 n�7vr j rr nris� e1 F o F1 .�r foes 7 • �5 _e _mem ..- _ �.,_--•-----_o_..�::.�:�.����eWv__�..;�,-.�r..�_._�.�-_-�.. -:r �.,_ _ —.- --------- itg of�rriokryn Con#er�SniZdiii �str1 $miYYQ1i11+f t8[t$6<g�� 3e�dYdiitent ppf ktpC.irlGorArq 6* f hlruIr?C+wk F°c7f o, P r,.�klyry r�er, Fifa 5 +1 J• 1'�4 ( {F'h4ne: tT83) .A x39-] l TTY.Fi l Fez: Co 63) M9-3130 pity of ]SRC C Cl ITE 5101-51+03fxos Ave rq Sections A—Crirnre iFriffe HGusdng Program Requirements Rental License Mitlgatlon Plarl Type Iv Li-conse Phew 1 t)Use a weritten lease agreement. The lease agreement shall include the Crime Free Housing Lease Addendurn. A copy of the le :seagreement and Crime Fray Housing Laasi� Addendum must be attathLld to tho Mitigation R14ti When submitted'. 121 2) Agree to pu rsue Vie termina%n or lease agreement or mikilon cid lenants who violate the lerms of the lease or any addendums, Conduct criminal background chemo for all new prospective tenants. If it is a fu on[ tenant anew back: tou rid check is not requir 1, Aust be ableto provide documentation to City if requested- ............. Z 4) Attend a City` approved eUbt-hour Grate Free Housing iralning utse- InfcrMalion for approved Couraes can be fcVrid at tvAV4Mncpa,net under the Training and Events tab. copy of the Crinne Free 140(ming Certificate must be attached to the Mitigation Plan when submitted, C rime Free Dousing training veas completed en -{is schieduled for. 7'11 X12 Ovrner or went attendedha planning to attend training at city of: si rods park 6} uikmit Monthly Update by the 1 dj' -day of each month. phasb II ® 1) Complete a Security Assessment and irmplernani improvements requested by the Crooktyn Center Police Depaartrnent, To schedule an initial or fallow -up Securibi tes5ment, ra.11(M) 6150-aW, A follow-up wssessrnent must bo completed baforo 1ha 1ironse explratian data to vaAN the sacurily improvements have been rmplemented. If a Sewrity Asse5sment has been previously Go mpleted, write the completion tiar-tga, �ec:�rity �.s�a�sn�artit vitas ��r�7pl�t�d �r>�is scl�e�uled 6�r� r- Security Assessment follow-up was oarrippted cnfis nhadul l for Contioue Section-$ A. Phase III on page 3. City gf Rpophl- iy Crinter—ftJ14i� Vin¢ pmznun{tY $tdn �i 8 �76�ClYr-nienI WAN .dtj+OM3Ock1y41 211ter.Vg B3Cf hlr��l� r ik Fsiia��i �y, eaL�Fl ii �13�, A1N ° i3� 1 E�3 I FI.�i'e X76 � Er93= 3�+7 I TTY -,711 l IFax; (7U)66t) BUILDING AND COMMUNITr STANDARDS il sof X1[}1-51pXerxes Ave N C _ - formal Liconse MIlig-ation Plan Type N License L!,ations A—Ctfmo Jean Housing PrWram 1' 0ga1r Mont$ (00- iOAM-4) Phase III owner or aw nt will uttered at mini.murn M% (2) of t# e A.KA.. Meelings. The A,R-M. meatinigs dust bD ri mplDbad within the rental licaiiso rkldl slid 130451ta thO p4�-n€ling Type IV License expiration date, Registration is not required, however you must sign -in during the rnecling, t plan iii attend, @I Owner or agent %W1 attend A.R.M. meetings scheduled on! and lilW'17 2) Have no repeat code violations previously documented with the past year. The following aetlons are required for propertlas with four (4) or mora units, 1 j Conducl resident training annually that includes crime prevention techniques, 2} Gunduol regular resident meelirngs, Pig TI -ye �V.AgrWWer,34Uf,t L3111URFMP.Rev.4-14-JS City ofBrookl7nCenter—BuildingardGon-anunhy6landardsDepar}nwyki kt�v�rcity�.'�rot1{i�r r7ler. rg X3 71 51fc7 e Creak �'3tksysy, OtCak} let, kill 5d9D 21E�3 I I TJX': 311 ,j ra t (ra3} 5Ef9-I3r50 I Md! S S T tg of �a1�1_�103 }�:9r.�� Rental LiGenso Mitigation Pian CENTER Type IV Lacers-ae -searions Lang term Capital improvement plan Rased on condition and age, esetlmated replacement Oates nod to be provided for oornnnoncapitall items- Funding should be considered accordingly. Items that are broken, worn, rir othanVise In violation prior to the estimated replacement date need to to replaoed sinner. All items must have a date for E r`nia ecr reply -L -e er?t Date. Dates such as- uunsure", Odon't knov"F or '!when bra,en" will not �,e acoopted: If yu aei� unsure of VAen an item will need to be replaced, you can make ia p€edir-ttran based an the age, appearance, condition, or rnanutacturefindustry T-oco immendatiork-se Addiilonal Intbrmallon on Expected Usgut Lie can be f4Urtd $t ti"NI,filICI Ov. Item Date Last Replaced Condition* Exp+actod Ropiacernant Date E.-pW, Wafer area#vr may zo 10 F May 2020 Furnace rnay2{x.+ F may 20-$ Water Heatu June 2009 F juror 2023 Kilaen Appl anoes rnsy2M nkay 2020 Laumdry Applian July 2012 F july2020 Smoke Alarm&l Cart -on Monoxide Alarms lune 2016 junrl 2017 Exterior Items PainVSiding lune 2mg F ffnduNs June Maa June 2G25 Roof July 00s, F June 2TI25 Fence none Shed none . Garage June 2003 F July 2dL25 Dryevfay jiAhu 2009 F n).y 2022 Sidewalks none Other; --- 'tlgn.hhrtiiuny° r�i±=N Goof=��ir=F ids F,��4r1ry�=R P,:U, 4Zu TyTm JV RL,-1N'Lk-,r..sn Ia"b,-;�ibnR—in, 1'tw 14-15 ails$ n T4s*! U Ia?ad r l Department s4w'•calj`Ar A: rnenter.org #�3[}i 76� � Cr�eH �erF Bey, ar kh}'n en[ero MdPI 6 i31� ��.{+A I pho:j7ff: q€:3j °.63-3334 I TTY: 711 I Fay (N3) S61-235 ] BtinWING-- - COMMUNW7 ST S C raf -- 5101-5103 ,(erme!� AF;e f+� Dental Uoense R fj!gstion Plan Type IN Uce;nise Soctlons tsps to drtrpratFa blariagament and Condit;ans of Aroperly The items in this section have been proven to asci-st with property nianagerreent and property Image. Tho following actions are required: 1) Beck -ire with tenants every 10 -days - 2) 0 days - 2j Drive by property to check for possible code violatlans.. DU 3) Evict tenants in vialali n of the lease or any addandurns, 4) Remain current on all utility fees, taxes, assessraents, flies, penaltiesand ukFle liinenciaI da.ims�payrnenls due to the City. b) Other; - The following actiGns arc optlonal unloss requIrad by th1� City. 1) provide lawrAnow service. Z 2) Fravitie garbeoe awee� S) install Sixurity eyalerri. 4) Provide me irkteria rice service pla n fcw- Qppliances, Noma of seouice company.---- ® 5) Other: If the Type IV -6 Month Rental Llcanse is approvad by the City-CoLwicA, the hoer ;see rnusl c4rriply with the approved IAitloation Flan and all appilcable City Oo4es, A Wn'tten report m est be submitted by the 1 li"h day of each rtionth With an updato of actions I -A1 rig Cake n by the own" aitdfor aoAnt to comply with this Mitigation Flag. A copyr of the Monthly Update can be found on page T A fillable forth c.9n be found on the pity's website at wvAY,cityoibFOAIyncenter.org or call (M3) 569-3330 to have ate ejertrorile copy seed to you vW ernaL Please attach additional information if necessary. F2rd� � Typef1-'R&AarRzol. P&v.4 Ytg 0i~SYealtlyn CeStei—E4lildiag attiti Gonitftwdinj 5t&Ad&rds Dapax'hnfinl whwxi"fl:r[. 4ynointer. BMI SFinglel e k Par''Ropy, Era-,idyn Oudur, MN UAOD-21:0 I PtVrk;: (76,J] &a-31 d I TTY: 711 1 Fax: (753) E+a5 %3 D BUILDING AND COMMUNITY STANDARDS 610 1-51M Xvi-me-3 Nom N ulto 1-M-yN Rental License Mitigation Plan CENTER Type N License Sign and Verify I vefify that aH inrumakn provided is truO and arourate, I t1indetsland that of I do not uumply witb the approved Mitigation plan, wrnply with all items viithin the liumso period, ar opeyate beyond the license exTirafion date., enfaroement actions eucb as citations, faTmal complaints, cir license review may rwill. DkmRarrney 0oner 0 vivi o e & Ago;l N -an i a and TW rFIO&O a NM 0 U.�:-=AkrIlmmme. C M. Ar Di %Tjd�. "xftc%'C--,�Crmaul MV2016 on Ramsey 0 vin e r or A gerft S i1gri a fum Dare Addhms) Ovirier orAgenj 4$V.R.92ure ffAppkahte) Jove .................... city start' only VA- - 4�1 Fbike Dopartms-Lul r Date b-9 cr jar'n- rn wqy va n d, ra's papqar ri P, r'T 10a to Pao &6 Type IV Ruilal Lirm.-z &QCg,.&rP Pbr; Pi7o, 4-14-1a Cm n it y of Brooldyn Center—Buildimu, and Cvmyau- 4-F-wtan- TaSDelp"W I I PPnne:(7&3)562-332j3 i TTY -711 I F8X(&3)r56Q-.S3M City Council Agenda Item No. lOa #6 COUNCIL ITEM MEMORANDUM DATE: October 24, 2016 TO: Curt Boganey, City Manager � �. FROM: �� �l� may',' Sharon Knutson, City Clerk 9!J/ lW W{ L- 1 ,. �� SUBJECT: Type IV 6 -Month Provisional Rental License £or 5556 Emerson Ave N Recommendation: It is recornniended that the City Council consider approval of the Mitigation Plan, Resolution and issuance of a Type IV 6 -Month Provisional Rental License for 5556 Emerson Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Miflgation 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 N Rental License issued on April 11, 2016, on condiflon of adherence to the Miflgation Plan and City Ordinances. The property would qualify for a Type I Rental License based on one (1) 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, complete security improvements 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 recotnnlending approval of The continued Type N 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: li„s,u�ing nu nx,ttcrivc, ¢len,,, s T . hec/uslve rommnnl{y L of exlemecer x+e 4„nOry of/If j r n/I p¢op/e nntl p,rse,v¢s 1! a public herr �'; • ` 4 Oil Current rental license approval activities: 06-10-2016 The owner, Nordicland Properties, LLC, applied for renewal of the rental dwelling license for 5556 Emerson Ave N, a single family dwelling. 06-29-2016 An initial rental license inspection was conducted. One property code violation was cited, see attached rental criteria. 07-28-2016 A second inspection was conducted and passed. 08-03-2016 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 08-03-2016 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. 08-26-2016 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. 08-31-2016 The previous Type IV Rental License expired. 09-15-2016 A Mitigation Plan was submitted. 09-19-2016 The Mitigation Plan was finalized. 10-06-2016 A $125 Administrative Citation was issued for not meeting mitigation plan requirements. 10-14-2016 A letter was sent to the owner notifying that the hearing before the Council will be held October 24, 2016. Prior Type IV Rental License approval activities: 11-16-2015 The owner, John Reider, applied for renewal of the rental dwelling license for 5556 Emerson Ave N, a single family dwelling. 12-31-2015 An initial rental license inspection was conducted. Two property code violations were cited, see attached rental criteria. 02-02-2016 A second inspection was conducted and passed. 02-17-2016 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 02-17-2016 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, 11, and III of Crime Free Housing Program, etc. 02-28-2016 The previous Type IV Rental License expired. 03-09-2016 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. 03-11-2016 A Mitigation Plan was submitted. 03-17-2016 A $125 Administrative Citation was issued for not meeting mitigation plan requirements. 03-25-2016 The Mitigation Plan was finalized. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust 04-04-2016 A letter was sent to the owner notifying that the hearing before the Council will be held April 11, 2016. Previous Type IV Rental License approval activities: 01-14-2015 The Owner, John Reider, applied for an initial rental dwelling license for 5556 Emerson Ave N, a single family property. 02-11-2015 An initial rental license inspection was conducted. 15 property code violations were cited, see attached rental criteria. 03-11-2015 A second inspection was conducted and failed. A $100 reinspection fee was charged to the property. 03-26-2015 A third inspection was scheduled and there was not a representative at the property to provide access. A $100 reinspection fee was charged to the property. 04-08-2015 A fourth inspection was conducted and corrections were still not complete. A $100 reinspection fee was charged to the property. 04-08-2015 The $100 reinspection fee was paid. 04-14-2015 The $200 in respection fees was paid. 04-22-2015 A fifth inspection was conducted and passed with weather deferral. 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. Le. 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. 06-09-2015 Weather deferred items were not completed. A $100 reinspection fee was charged to the property. 06-22-2015 The $100 reinspection fee was paid. 06-24-2015 All weather deferred items were corrected. 06-26-2015 A Mitigation Plan was submitted. 07-30-2015 The Mitigation Plan was finalized. 08-03-2015 A letter was sent to the owner notifying that the hearing before the Council will be held August 10, 2015. If approved, after six months, a new rental license is required. The license process will begin in three months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust 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, safe, inclusive community that enhances the quality of life for all people and preserves the public trust 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: Ens/[ring, an attractive, cream, safe, intrusive conrnuurity that enhances the quaiitti� of rife for allpeople and preserves the public trust b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Category Number of Units 1-2 Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) 0-1 No Category Impact 3-4 units0-0.25 5 or more units 1-2 0-0.35 Greater than 1 but not more than 3 Decrease 1 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units 1-2 Greater. than 0.35 but not more than 0.50 Greater than 3 Decrease 2 Categories 3-4 units Greater than I 5 or more units Greater than 0.50 Mission: Ensuring an attractive, clean, safe, inclusive connmanity that enhances the quality of life for all people and preserves the pnhlic trust 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 5556 Emerson Ave N Mission: Ensuring an attractive, clean, safe, inclusive conznuudi jj that enhances the quality of life for all people anal preserves the public trust Member moved its adoption: RESOLUTION NO. introduced the following resolution and RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 5556 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 5556 Emerson Ave N, was issued a Type IV Rental License on April 11, 2016; 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 5556 Emerson Ave N, Brooklyn Center failed to attend Owners/Managers Association Meetings, complete security improvements, turn in monthly updates, and/or other requirements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE IV Rental License is hereby approved for the property at 5556 Emerson Ave N, Brooklyn Center, MN. October 24 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. BUIMING AND COMMUNM STANDARDS City cif CST- Rental 1-monse ] IUSation Plate ER Type IV License .HatidWri ten Miffgaffon Flags V-111 not} he accep ted, A tillable form can be found otr theCity's website at %Pnenu.cilyofbrockt,/naenter_orug or scall (76-3) 56,94100 to have art electron -3o copy senUo you via entail, Peopeaty Address; 5e% �n son Pv€riuvi r-wrlh Braakip C ,tar, MN X5430 Nw$,-land Propwtez .lack Flamer Owner's, Address° '4150 eke Road Averjee FloWr�,,dalc�, PAN 55422 C}vener s. Phone, Onrier's Ernafle j-.ick-rdideTO@gmall.com Current Expiration bats: Local Agcnt s � Kwu ing Hulka LLG Agent's Add rosy, 2ES-9 V6r, 7th $tree; tr € aUt, h tri 5511 G A jiinft Phone', (651) 48B -'2--4S7 Agent's Email: -yrs-ssa�-hou;;inghukx-nn.ccm Pendira E)pltation Date, fid Six mar#� rr,rn �nrant e;��eu�n� � �� Based on property oonditionsandlor v -81d ated police ntrisanec incidents, the above referenced property qualifies for a Type 'W-6 tvlonth Rental Licp-nlsB- Prior to app[Icatlon approval by the City Council a fully completed lvlitigation Pian must be -completed end ap,prcved by city staff. art Mitigation Plan must Cie aurnpMod itnmadiatOy In order to ensure timely mrnplction of Uie license application pmo ss, The 10Itigatlen Purr should irW ioate the -steps being taken to correct lden6fled violations and the measures that ~-sill be taken to ensure ongoing compliance with UV Ordinances and at�plicable codes, A Mitigation Plan allcva tha owtier acrd the Citta+ to revie��� +�ant;erns and identify p€ ssible solutions to irnprove overall cerrditiarns of the property. If the Mitigation Plan is not submitted, and all items are riot oomplated %vQhln 11he ponding license period, or the above proWy operates beyond the license expiration date, enfor arnent actions such as citalion, formal cornpiainL or license review may result, Wore r'e submittinU, Uhsut Sections A., 0, and G located on pages 2, 3, 4, and S. Paye 116 _ rpngv WRunfid ifcarrv-; Wit- 'kin Ran, RW 4 -i? -75 City of Orookty n ntarBuflding and Commm tyr Sfamdatda bep&iU gent wvalw,elty�dtuc�vkl�n�a�tyr.c� 3Qt fi 19 a Park�ralt Brrf�kJpn Ge tar, f�9 #? -b1 ( Mkrw: (M) 583.333p i x:7111 I Fags, {TCF3} 5GM42-Gb BUILDING AND CONINTNIT, Y STANDARDS C�ity of --- FE,6, tFina mon Averim Muth Brijuldyn Center, WN 554,90 Rental Lieenst flfittlgatierl Plan CMTER Type IV Licensa Sections A—Crime FraHou-sing Progrfli a Requk$rrlents Phase I 1) Use a written lees agreement. The Iaase agreement shall include the Gime Free Housing Leaso Addendum. A copy of the Ieawagreement and Crime Free Housing Loase A(i endum must be ottachod to the Mixlgation Plan whoa submitted, a) AO- re -e to pursue the temikiation or lease agreement or eviction of tenants Who V71010 the terms of the lease or any a.4dendurns, _ 3) Conduct criminal ba ground cherA for all neer prospective tenants, If it is a Current tenant a now baaground oheok is not required. Must be able to provide docurtionla5on to City if requested, 4) Attend a City approved Qg'ht flour Crime Free Housing tralning course. Information for approved urse, can be found at vA-Alr_rrincpamet urider the Training an-dEvents tat}, A copy of the Crinin Free Houol lig Certificate must be athached to the mitioati on Plan when submitted, Crime Free Housing training was rarrlploted enVis scheduled for WWI c Diner or agent attendedlis plan ning to aitand training at city 5) Submit P-Ionihly Update by the 104 day of each month. F±�ase l l 7) Complete a Security Assessment and imple-merr# impru;tar` Orate rPgtae5te.d by the BroDl,lyn Conte# Police Department, To schedula as initlal oirfollaur-up Security A5ses:5rnent, call (763) 56g=3344. A followrup assessment must be compteted before the Nronse explration date (o ve fy the security irnprovements have been implemented_ if a Security Assessment has been previousrj completed. Write the completion date. Security Assessment was completed orVIs scheduled for, 7)1515 Security Assessment follow-up was cm-ipleted erdlB scheduled for.. wi&515 continue a+eoti€rns Ae Phase Ill on age 3. pa -99 AX, Tpp5 i,r € e,?Afsf tkxprf. Wgsbon Rar3 Roker 4-74-75 Cjt� pf )3ro4k1yn Gen! Dsparlferif clt�uftarackt�n, nirg o 6101 shingle Cr;O; Perko y, NvackP n Cantor, KIN 554' -2199 I Phmc7 (703) CM -M -m I TTY_ 711 I Fem; (763) 6E29 -?-1E+7 BUILDING AND COMMUNM STANDARDS TBP.CGOICL'M- t of — es5� �msrsan Avenuea NorthhBrooklyn Centi3r, ramal �4�30 Rental la e$nse �Iftlgation Plan NT Type IV License Sections A—Crime Free Mousing Program Requirements (continued) Phase 111 1) Cwner or agent will ollend of rrilnirntrm 5M (2) of the ARM, meetings, The ARM, rnaollings must be oampleted within tha trental license period and before tho panning Type IV License expiration date. Registration is not required, however you must sign -in duNng the rneeting. Mite two rneeOng dues an ilei or agent plan to attend• dial an,d!1110t16 Owner or egvi�t �►lill attend A.F�.il�. e�itlriqe �chvdUled ow,~ - -- 9 2) Have no repeat wdEa violations previously doamented voi€b the past year. The following actions aro required for properties with Four (4) or more Urias, 1) Conduct resident training annually #hat Includes crime prevenlion tt-chniques. 2) Conduol regillar resident meetings. .,,}'ae r4rteqt4j Sd� dilir�„�nra Pty,. Fsev..�•�5 City of an�a�ittESdan�lar&I�petiic�ert#,ati�.cNyait�uoi}�r93�.��3 MI Mingle € reek Fark'r'ay, Brwklyn Oenter, M R 5.54,2+]-21B9 I Fharki; tW)�r�}�� 3e j 'ice':711 I Fax: (M�) 3 r°Q MM YNG AND COMM . _ - STANDMW OK„�. Frr,Fraan �ti a North t r -- T1BROLYN Si klyn ierlar, MN �$EA Rental License Mitigation Plan Typa N Llcanse, -Sections B—Long 1-erni Ga�i'a1 Improvement Platt Based an coNitron and age-, estimated replao�ment dates reed to be provided for common capltsl items. Fundin€q should be considered accordingly". Item th-at are b taken, worn, or otherMse, in violation prior to the estimated repla-oanient date treed to be replaGedsoDne�r- All iterns must have a d -ate for Esf afed Replacement Dare. Bates such as: "unsure!', 'A dJvni"t know", or "when brjokan "m ill tick be a000pted: If You are unsure of Men an item Will need to Eye replaced, you can matin a pr&Jictmn based on &he age, appearance, condition, or rranufacturefrvdustry recommend-atlons, AdMon,al Informati€rn on Expected Useful Life can be found akt"v"Aq6ud,gov. Item Example Water Healy Furnace Wate.r Heater Kitchen Appliances Laundry Appliart-ces Smoke Alartns! CaThon folorioxf a Alarms Ede for lfamg pair iding indovis Roof Fence Shed Garage Drivew@y stdevlalks Ofher, Date Last Replaced MSY 2010 Fah 2CO3 boles 2002 ,dune 281h7, 2015 200 2001 Sb.[eca Orlglnal Fab 2015 F G a r� F G F H G Expected Roplacomont Date May 2020 reb 2olb Air ,lope 20f2o 2420 2020 2022 24-30 *Cand; an Abbravialions; Hew�m QcoaG [Fair=F Neads Replacement --R 61tyafk3f 0kjynCehf&i'—�5Uildin!yandGORIMuailpat.&hdiYd DUP rtmOrLt Yasu.ell}�f�roe#t�c�r�er.cr� 6301 ShJnrgle Omsk Perkvmy, Brc-Aly-n CE -iter, MW Emb4S0-2100 !I P.Irane! gm) sk%eq-1334 I TH; Vil I Fax (760} %r,4- 0 13UHMING AND COMMUNITY STANDARDS City of W%Em oryen Manua Norlh XXRCOO Fxo&ly n Center, [lira X5430 Rental License Mitigation Plan CENTER Type IV License sections Improve fldanagemantand ConefWorr.a of Property The items in this 5eu6on have been proven to iassist %,Ah property r-nanagekiient and property Image, Tho folloWrng acttons are required: 1) tied{ -in with tenants every 30-- Jays. I V I 2) DrWo by property to �'Ieck for possible _fie V101atior`s. ALJ Etict tenants in violation of the lease or -any addendurris, 4) Remain current an all anility feet, tmes, assessments, fines. perialf*s, end Other financial clainjC-JpayMerits due to the City. h) Other. The following actions are opanal unless required by the Gibj+ 1) Provide ia-vasnowservice. ® 2) Provide garbage service- E3) I ristaii security system. 4) Provide maintenance service plan for appliances, Narne of servioe Company: li the Type I'V-0 Month Rental Lia-ense Is approved by the Cih{ Council, the licensee mist mrnply voitb tha approved 1`409aticn Plan and all applicable City Godes. A weitten report rnu.st be fstibmitted by the ItM day of each month witil ai;update of actions b ir�g ikon by th8 nvanar andlor a.cgent to comply with this Mitigntlon Flan. R copy sof the Monthly Update can he found an page 7. A fillaWe fa M can he found on the CItft webalte et mAV,dtyafbraaal~fncenteror@ or call (702) 56�M330 to fi-ave an electronic copy sent to you via email. Please attach additional Information if necessary. Pz,gP5'r TM, W&�OarLM6flse1 ftk aVai Plara, Hay. 4-14-15 Gtg of $y68klyn aCeiite-r-13uRding &Acl Cnhimi, ity=5t-,,dards MpArtmlanl vNNi.citp+orbrvnklyrr.enter.erg t7?J}i 5tdr l� creel arkareyr, EiOo Tg�1 eISiE*r, k1P15 ;93L�- 329 l I TM711 I .For (MI) NEMS26D XBUELDMG AND COMMUMTY STANDARDS City of0 Einemm. Avenue — oah BROOKLYN EITDO yn GenW4 DOW F35430RentalLicense Mitigatun Plan IETypo IV License S1gn and Verify ve fyf that all Infarrnatlon provided is tale axed a.Ceurate, I understand that if I do nDt com.p1y with the approved Mitigation Plan, oornply %-IA i all items within the license, -riad, or operate beyond the license eypiration date,enforcement actions such as citaliofis, formal complaints, Qr license review [I)@y result. Owner L)ofll" PU Ac4WoRi � 0 wrier ar A-9 a n t Ma end Ti e (U AppNJ iM'N, Fd«asp, PethLI) Mr,-11 D-afe A6Vjil'ona" 1)Wner! rApeflI iV;i�adure pI AV'pkacre) Date df�r Stiff only pUke 4)--F%5. w7ent Dada -& My pityISIEYoialdynGanger—BuIldingand CommuntlySiandar DeparI iciiI M Stilro3lo Craik Parkway, Nzwk).pi Carer, NIN 6x 3M– 109 1 Phcaie- (753) 5U]1 -332j7 TTY: 711 1 Fax, (7152-) 55'3 -2w -,M City Council Agenda Item No. lOa #7 COUNCIL ITEM MEMORANDUM DATE: October 24, 2016 TO: Curt Baganey, City Manager FROM: Sharon Knutson, City Clerk ST_TBJECT: Type IV 6 -Month Provisional Rental License for 4201 Winchester La 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 La. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family property. The previous license was a Type IV Rental License issued on Ianuary 25, 2016, on condition of adherence to the Mitigation Plan and City Ordinances. The property would qualify for a Type II Rental License based on two (2) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents £or 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 requh�ements and the property is currently in compliance with the ordinance. The following is a brief history of the license process actions. Mrssro»: Ensurrng nx »Mrnerrvc, cicrsn, s 1, rncr»stve co,»rmu,rry rGnr e»bnncrs rl e j»r ntlPn PIe m,d pres¢rves Bee pab/m rrnsr Current rental license approval activities: 03-09-2016 The owner, Eric Poehler, applied for renewal of the rental dwelling license for 4201 Winchester La, a single family dwelling. 04-06-2016 An initial rental license inspection was conducted. Two property code violations were cited, see attached rental criteria. 05-09-2016 A second inspection was conducted and passed. 05-18-2016 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 05-18-2016 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. 05-31-2016 The previous Type IV Rental License expired. 06-07-2016 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 1, 1I, and III of Crime Free Housing Program, etc. 08-19-2016 A $125 Administrative Citation was issued for not submitting a mitigation plan. 08-31-2016 A Mitigation Plan was submitted. 10-11-2016 The Mitigation Plan was finalized. 10-14-2016 A letter was sent to the owner notifying that the hearing before the Council will be held October 24, 2016. Prior Type IV Rental License approval activities: 08-12-2015 The owner, Theresa Burns & Eric Poehler, 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 remains. 10-22-2015 The property passed the rental license inspection when the owner submitted documentation showing that the Rirnace 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 1, 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. Le. 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. Mission: Ensuring art attractive, clean, safe, inclusive co nruutity that enhances the quality of life for all people and preserves the public trust 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. Previous Type IV Rental License approval activities: 02-10-2015 The Owners, Theresa Burns & Eric Poehler, applied for renewal of the rental dwelling license for 4201 Winchester Ln, a single family dwelling. 03-20-2015 An initial rental license inspection was conducted. 12 property code violations were cited, see attached rental criteria. 04-28-2015 A second rental inspection was conducted and failed. No reinspection fee was charged because owner was not able to accompany the inspector for the inspection. 05-11-2015 A third rental inspection was conducted and passed. 05-31-2015 The previous rental license expired. 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 1, 11, and III of Crime Free Housing Program, etc. 06-22-2015 A Mitigation Plan was submitted. 07-06-2015 The Mitigation Plan was finalized. 07-20-2015 A letter was sent to the owner notifying that the hearing before the Council will be held July 27, 2015. If approved, after six months, a new rental license is required. The license process will begin in three months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 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 Mission: Ensuring an attractive, clean, safe, inchisive community that enhances the quality of life for all people and preserves the public trust 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 ftirtherance of the mitigation plan during the preceding month. Mission: Ensuring an attractive, clean, safe, inclusive conunnnity that enhances the quality of life for all people and preserves thepublic trust 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. Alission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust be Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Category Number of Units 1-2 Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) 0-1 No Category Impact 3-4 units 0-0.25 Decrease 1 5 or more units 1-2 0-0.35 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 1-2 Greater than 0.35 but not more than 0.50 Greater than 3 Decrease 2 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 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 La Alission: Ensuring an attractive, clean, safe, inclusive corn nimity that enhances the quality of life for all people and preserves the public trust Member moved its adoption: RESOLUTION NO. introduced the following resolution and RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 4201 WINCHESTER LA WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 4201 Winchester La, was issued a Type IV Rental License on January 25, 2016; 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 La, 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 4201 Winchester La, Brooklyn Center, MN. ATTEST: October 24 2016 Date Mayor City Cleric 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. IS is :` i �� F F F, Rental License Mftotion Plan CENTER Type IV License Handwriften lt4{ligaition ,Marrs will not accepted. A finable form can be fend on the Cihy'a a ebsite at or call (763) 5W=' aD to have an electronic caper seat to y -DU via email, Pte ft}Address; 4201 Wiriehodur Lurie Owner's Nm �S.); Erie P*ehJor Owner's Address: 3,641 Ashbury RD, Eagan hoit~I= SS122 wner's Phone; (651) O 30 a Owner's Email' . sr,-Ot aspoehilerzom Current Expiration Date; ivi - 6 Agent's Add ress; Agent's Plkone; (612)2MA820 Agents Em ail renterwar-ohousaxo rl Pending Expiration Date, � ,7nr)' ��ix months imn �urcenl ec+Firali�n� � l � � I Raas,od on properly oondltlartis arrdior validated polict- njuissroe Irreiderdts, the al nova referenced property qualifies fog a Typo IV -6 Month Rental Limnse. Prior to application.2pproval 11y the City Council,g fully cDmpletetd Mitigation Plan must be completed and approved by City staff. I -Alligation Plan must ha completO irrimedlataiy in order to enwre limey completion of the licerise ,application process, The Mitigation Plan should indicate the steps being taken to correct identified Wulation5 and the rnev:S 5 tfiatviill bR taken to ensure ongoing oomplianae -vrith taint OSdinarlce5 and a,ppliuble oadas. A Mitigation Plain allovthe' owurier acid the City to Mview no -OMS and identify possitlt solulions to irriprow overall conditions of the property. If the ldili€gai--&n P12n is not submitted, and all items are not completed within the pending license period. m- the above property operates beyond the Rome expirat;orr dato, nnfoeon meet ac•1ioii's t.uch as tatatiorr, formal complairit, or license review may resulL i ef*re subivi ittIng, 141 -out }"tions AJ 139 im] 0 to ted On pages d, 3,4o .and $f paw ariak4�rJl�r�rnlen ahita�•�tiraFlar{ F2 V.•�•� City of Brooklyn Cent-er—Building and Community Slanda-rdsDepulment ��x�1.�itpof kF�nc�niQr,��g 6? t hir l� Ott k F`3PaSti3j; Eit�]kf3h �11er, [s1hJ �S� G X3 3 I Fh3fte! (TS3)S63-q33D l TTY. 71 t I Fax(M)515-9-3361) B. IN A=- COPMVIUMTY STANDARDS t � 4201 WnMe :ler LOY)C' Cl Rental License Mitigaftn Bran Type IV License Sections A�Grimy Free Housing Program Requirements Phase i Llse �rrritt n B as agr2ernent � a Pease reerner�l sFaall include the tsrime Free Housing Lease - ,Addendum. Avopy of the lease agreement and Crime Fm a Housing Lease Addendum must be attached to the Mitigation blain when submitted. 2) Agree to pursue the terminatDn or lease agreement or eviction of tenants who violate the terrins of the lease or arty addend w ms. :3) Gendu�f crirninel background cbec* for an ne�v prospective tenants. If it fs ,a cure-ont tenant a nevi background chat € is not reqOred. Mtj. t be able to proAde documentation to City if requested, ®' 4� ,attend a City appra-gyred e: qht-hour �Criftie Free Housing training course, Wormat on fot approved-courum 4an be found at 3vnvi.rnncpa,net ander the Trafning and Ei-,& is tab, A e-opy of the Crime Free Housin-9 Certificate must be attached to the Mildgation Plan when serlrmittad. Crime Free Housing training was completed onris schaduted for; az;�ra3 Owner or .agent attendedlis planning to attend training at city ef; Braaklyn Ceder -- Z 6) Submit Monthl Update by the I ()In day of each month, Ilia II - Complete a SecurityAss e�srrlarrt and iniplennent improvements requested by the SroDldyn Center Police Depariment, To schedule an Daft al or fellow -yap Security Assessment, call (753) 569.3944, A follows tap atsesement Mmmt tye -completed before file t oert5e expiration date to veriFy the security improvers rets have been irnpleniented, If a Security kssessment has been previously completed, %wile the completion date. Security A :e5srnenl was completed onhs scheduted far: 5AW14 Security Assessment follow—up was completed onfis s-che' iulad for XIN31b'is Continue SaNaflohs A,, Phase III on page 3. Page 2?T, T)pp rVRan LiG6tsaAi+ha8Non Pill, Pev. 4-14-f5 City afRebblrl" Centex Baildingant3 Departrneinl w�vr.�i[}+�R+it+�kly�ti �tiVsr.ar� e at Shir91@- Cryk Fapxq..v, BmA kryD C.e-gter, 0A 554-30-2199 1 Fort-: X83) ffd33,=0 I TTY; 711 1 ,Fa k: (PGS) WiOL-332 BVELDING AND CODUdVNITY STANDARDS rj.j.Rx0iOjCLyrj Rental License Mitigatton Plan -a CIENTER Typo IV License Sections A— rime Free Housing Program Requ;remanls (oarrilrr 16d) Phase 111 l,/l I) Omar or agent will attand at minimum 50% (2) of the A.R.M. melirrgs. The A.R.M. mociings must be compfotod within the rental 31torse Wiod and before the pendir!g Type IV Uceme expiration date. Registralton is not Tequired, however yDu must sign -in during the meeting. Write ttivc meeting dates anar agent pla to }� aftond. 11f:t�,O� I 17' Owner or agentw 111 attend A,R,M. meetings scheduled on; and 111 2j Have n4 repeat cDde violallons previousl'j documented wri(h the past year. The following actions are requirod for propertics. with four (4) or mnra units. ®1) Conduct resident training annuatty that includes crime prevention techniques - m) Conduct regular resident meetings, a w Tn L?) V null.' U,,vrnLa 069&'io 7 Rin, R5w, -44445 city -of Brooklyn nlex=Rui]ding apd Community StandardsDepariment wo-cl q AronvilnunlEr.arg 69x1 Ming% ereeR Ratkv,,sy, Bmck n Cenlar, MN "643Ck21EG 1 PMre: (M) 85544,33D l TTY. 711 1 F&oc (76.3) Effl,3eo RUMI)ING AND - STANDAPEDS TG"V I � BRO ._. 4201 V411m osier Lene RentalLloelise Mitigation Plan 'type IV Licente Sections I -Long Term Capital Improvement Plan Based on coWition aDd age, es(imaled replacement dates need to be provided for common capital items. Funding sbould ee consWefed acxordingty, , Items that are broken, wrorn, or otherwise in Violation prior to tha esiirneled replacernetni date !need to be repl,ced sooner. All items rnu-St NVe a date for Dates such asb t ung—LIroll, ".Jon't know'. Or en bfroenlj will not be accepted, If you are u nsu re of When an item will ne&d to he replaced, -you C -an make a prediction based on the agcy, appearanm, mnditlort, or manufactureAndustry recommendations. AdMonal information on Expected Useful Life can be found at tiv wd,hud.g0V. Item Data Last Replaced Condition" Expected Replacement Cato xarnple, Vliater treater May 201LI F May -2020 Furnace rtb 2DO1 2 B D Water Heater June 2000 F Kitchen Appliances 2D15 N 2MO- - Laundry Appliance% 2°12 N 2027 Smoke Alarrnsl Dollen Monoxide A1annv� 2015 2018 - Exteriar ltem2 IlainUSIding 2002 G 2 wind%-* 1950 F 2020 RoofIM N Feme G 2035 Shad Garage 1950 0 2040 Driveway 2001 -G 2026 ;d'�+ratks Ocher: .GoM ion Abbruvbtiow Nrjk -N Good=G Fair* Needs bcefnentrt� Fagg ..z Type �VRerx'srLAftnrihifi�LaMAtPk--W, RGV.4-f4-75 „- r€GltlyxiCenler BuMijyandG6fftmudityStandsaffisIatpsrtmuq E349 Shiri3l� r k0'�rk� }, rro6;l5�p akar, F a� 347 1� l PhoT{aVF} IYM l YM 711 FsS: �783j E £�•3? Ia I fi -- ,f ' )i -1- 4201 Rental Ucensa Mitigation Plan Type. IV License Sign and Verify I verify that a0 information providi2d is true artd accutate. f understand that if I do not comply wlth The approved Mitigation Plan; comply vrith ,alt items within the license peftd, at Uperate beyond the license expiration date, gn#orcernent actions such as citations, foTmal com.plaitits, or ticente reVie ! may result, ' Esq S. Feehler s pucfaf Needs Trus'; 0wrwcirAgsntJdarrearrrd TfLe fPk- -P&jtl �� % I � li da%, slgmd by Edo S. PoE-hier i l Date: 2a1 B.oe.812LI 929 �05TV W3V201'C' QVffi e cY A orf S gnafure Efate Add,7, naIOwn 1or 0 AqrNrif PAn(r* OW TrU9 ftfApp(fcaWe, Rease Alnf) AddYkm) 0LvrferOrF %bT1:9We : Date' City Stacy Orrty Pc,keDepsamant pa,.)e &15 Typ' ?VP.,+.rv:Ar Li�'i+�lse AMpfini Alm, Rev: 44445 C1tyofiota 61ayftQ rile r—ituH..ding and Co nmianifyStarldEkrd:S DePRftkR*ht •�.�,Qk��afiar ,Ffynr ,okarvr E��Si 5hin�l �a�k ar}�?r•3u, Bro-Myn C?rtar, FAN :5E42i7-'?199 i Phone: UP ������� i 1 ; �i1 � 18x: qu E89 -a J3 City Council Agenda Item No. lOa #8 COUNCIL ITEM MEMORANDUM DATE: October 24, 2016 TO: Curt Eoganey, City Manager FROM: Sharon Knutson, City Clerk ]�� SI_IBJECT: Type IV 6 -Month Provisional Rental License for 6013 Zenith Ave N Recommendation: It is recornrnended that the City Council consider approval of the Mitigation Plan, Resolution and issuance of a Type IV 6 -Month Provisional Rental License for 6013 Zenith Ave N. The applicant or representative has an opporhinity 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 Endings 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 N Rental License issued on April 25, 2016, on condition of adherence to the Mitigation Plan and City Ordinances. The property would qualify for a Type III Rental License based on seven (7j 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 tum 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 requhres a licensee of a Type IV Rental Property to complete Phase II oFthe 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/Ma.nagers 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 regnirements and the property is currently in compliance with the ordinance. The following is a btzef history of the license process actions. M/sslou: Susm ing nn nm�rcr/vr, clrn s l , /rsc/nsrvr ,Jry nor a„boners rl r qun/iry fOj for n(/PeaPle m,d preserves [he pub/ic tnsr Current rental license approval activities: 05-31-2016 The owner, Nicholas Foulks applied for renewal of the rental dwelling license for 6013 Zenith Ave N, a single family dwelling. 07-11-2016 An initial rental license inspection was not conducted as there was no access was provided at time of inspection. 07-26-2016 A second inspection was conducted and failed. Seven property code violations were cited, see attached rental criteria. A $100 reinspection fee was charged to the property. 08-26-2016 A third inspection was conducted and corrections were completed. The $100 reinspection fee was not paid. 08-31-2016 The previous Type IV Rental License expired. 09-06-2016 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 09-06-2016 A letter was sent to the owner(s) notifying of qualification for Type IV 6 -Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 09-15-2016 A Mitigation Plan was submitted. 09-19-2016 The Mitigation Plan was finalized. 10-07-2016 The $100 reinspection fee was paid. 10-12-2016 A $125 Administrative Citation was issued for not meeting mitigation plan requirements. 10-14-2016 A letter was sent to the owner notifying that the hearing before the Council will be held October 24, 2016. Prior Type IV Rental License approval activities: 12-01-2015 The owner, Nicholas Foulks, applied for renewal of the rental dwelling license for 6013 Zenith Ave N, a single family dwelling. 01-04-2016 An initial rental license inspection was conducted. Four property code violations were cited, see attached rental criteria. 02-05-2016 A second inspection was conducted and failed. A $100 reinspection fee was charged to the property. 02-24-2016 A third inspection was conducted and passed; corrections complete. 02-28-2016 The previous Type IV Rental License expired. 03-03-2016 The $100 reinspection fee was paid. 03-22-2016 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 03-22-2016 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. 04-05-2016 A Mitigation Plan was submitted. 04-11-2016 The Mitigation Plan was finalized. 04-18-2016 A letter was sent to the owner notifying that the hearing before the Council will be held April 25, 2016. - Alission: Ensuring an attractive, clean, safe, Inclusive community that enhances the quality of life for all people and preserves the public trust Prior Type IV Rental License approval activities: 05-26-2015 The owner, Nicholas Foulks, applied for renewal of the rental dwelling license for 6013 Zenith Ave N, a single family dwelling. 06-22-2015 An initial rental license inspection was conducted. Four property code violations were cited, see attached rental criteria. 07-24-2015 A second 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. 08-13-2015 A Mitigation Plan was submitted. 08-17-2015 The Mitigation Plan was finalized. 08-31-2015 The previous Type IV Rental License expired. 09-08-2015 A letter was sent to the owner notifying that the hearing before the Council will be held September 14, 2015. Prior Type IV Rental License approval activities: 09-19-2014 The Owner, Nick & Shelley Foulks, applied for an initial rental dwelling license for 6013 Zenith Ave N, a single family property. 10-09-2014 An initial rental license inspection was conducted. 23 property code violations were cited, see attached rental criteria. 11-12-2014 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. 01-15-2015 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. 02-01-2015 A Mitigation Plan was submitted. 02-05-2015 The Mitigation Plan was finalized. 02-17-2015 A letter was sent to the owner notifying that the hearing before the Council will be held February 23, 2015. If approved, after six months, a new rental license is required. The license process will begin in three months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Alission: Ensuring an attractive, clews, safe, inclusive cwmnunity that enhances the quality of life for all people and preserves the public gust We UNIOU 01 L 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. 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: Ensurin- an attractive, clean, safe, inclusive connnunity that enhances the quality of life for all people and preserves the pitblie trust Dental 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. 2 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property 3-4 units : Inspected Unit Code Only) 5 or more units 1-2 0-0.35 Greater than 1 but not more than 3 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 Greater than 1 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 Category Number of Units 1-2 Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) 0-1 No Category Impact 3-4 units : 0-0.25 Decrease 1 5 or more units 1-2 0-0.35 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 1-2 Greater than 0.35 but not more than 0.50 Greater than 3 Decrease 2 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Mission: Ensturing an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust 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 6013 Zenith Ave N Mission: Ensin•ing all attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Member moved its adoption: RESOLUTION NO. introduced the following resolution and RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 6013 ZENITH AVE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 6013 Zenith Ave N, was issued a Type IV Rental License on April 25, 2016; 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 6013 Zenith 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 6013 Zenith Ave N, Brooklyn Center, MN. October 24 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. STANDARDS CRY of v 7 I - -- - Rental License Mitigattan Plan -ENTMI Tpe IV Clue+ Aundwilften Kf 16,ga n Plans will not be accepted. A flllable fora} parr be found on the Citys wreb:sfte at avL,iv cltyo�rooklyncenter.org or cz11(763) 56M330 to have an electronk ppy tw-At to you Aa Omafl. PropeqAddra= 6013ZzPMAVeK Qr€ %bqi Cantor, 654 tier's Nnmas sy Mid. snd Shrotley Rules inees Address., N 19 V129 604 Cir kEd � Rd. peymk-Aee, %FA 63072 er's Phone: (798)y--2#TiG Current Exftaftm bale: "fits L=1 Agent(s), kento%Waretwuse AgenVa Addre :X901 Baker►td,MOD KnllewkaOA 5 A,genfs Phone: 052)'JW7 Agenfe Emall, fir f,X� #hilt dfr�r$tjC $,{ Crl PnrUfirg E)Tft-tfon W17 pn mcnft fi&nftMV4A ckpkacq Basad en proporty wriditfonS andfor vaUdated p-o1€c m4sance incidents, the above refefnDed property qualifies for a Type IV -ti Month Rental Uconse. Prior to appli4mtion appro'M by the C[ty until a kill oottapWed Mltiga6on Plan must be competed and approved fall. A mitiggon Ilan Must be Co pleted Immediately in order to ensue tlrnely mmpWien of the license OPPIMCDn pre ss. 'The ffi-gOon Plan should ind€+ a the steps being taken to correct t rO` vd v€olaftm and Me measures that Wit] be tBken to omure onaofrrg COMOance yids City OrEfinances and applicable codes. A Mi gaflon Plan alkh rs the owner and the My to review targe and €deriW passible solations to improve overall contiftIms of the propert)% if the Wiligationn Pian iq nct sc,lm€tt$d, and au litems are not completed w thin llze ponding license OHod, or the above proporty oporates boyond the ficense explmdon data,,eraorcwnent amens such as citation, formal cornp€aInt, or license rovlotu may result. paga 11,,9 Before submlitt.T ig, fill -out Suceans B, and C located on pages t 3, 4, aO 6. 7}PO IVRrhWLk n-,* aW;&W P:ar4 Rev, 4-1475 V f;1 Q Con-Wr—EnUding and G5 O_ : ty5@ im _ ..nt rW_c ViekfMk' t=MF,15r0 fFa i� �.a�fcra�}�, k3r�olymFntarrh �thr7� Je }.5+ f `li tY, 71i J �r 30 ST BUIMING AND COBD&VN=- loANDMWSt HLYN BOtbn Comm, M 6M29 Rental Licame FAItigatlon Mn Type IV License Phase I 13) U -se a wate%n [em asreerrierd. The teaagreament sl" o induct -a the CArne r-reia Housing Lease Addendum. A copy of the tea -so agreomelht and Crime Fme HoasTnq Lea:m Addendum must be sig had to ft- Wgieflon Ran when subrattted. 2) Agree to pursue the termInvOon or lease agreL-mont or eAalbn of tenants who viokfe the terms of the Inaso ior any addendwns, 3) Conduct uMinal background check for to rffvt prospeMlive lenants, If It Is a cufferd 1&n8int a now background chew 18 not required. Must he able to provide documentaWn tD 0- V V requested. 4) Attend a City approved efght-lwurC4ine Free Housing tralrilng course. Informatim for approved COUMes can be f6tirg.] atww , - w. rn rkcp a. n ej under 11b e TraWng and Evonts tab. A copy of the Crime Free 140USI"fg C-lortiftate must be affachad to the Mitigation Plan wh9n submitted. Crime Free Hous -Ing Wning was completed onfirs saoduted for O4vner or anent attendedna planning to attend imlOhng at cHy ot 6) 486TO Nlonihly Update by the 1 &day of eradl month. Phase 11 FVJ 1) Comptote aSocurilly Assessment and implement tmptavewnts- requested by the Urue>"CenterftrlceNparlmenl, Tos-ahiedWeantnitialerfonovi-upSecur ty Assessm m -t call (76 3) 5694W. A follow -u ip asseasmnt must W cornplmd Mora the license expiration data taveffy the sawr me Veen ity , , Impro ve nts have b r, kpplernonledJf a Security Assessment W8 Won previousl cornploWd, virile the cornpletton date. - Secuii e Assessment was completed OrMis scheduled for ty �YD Seuu* AS-Sewmeat fOHOW-Up was wmploWd Wis scheduled for. Continue SOCUORS A, Phase III on Page 1, Pk" VO 7)PS IV N,101 WOMO 165geffun PLen, C11Y 45f DXtO1XtYA'G!3Mt r up I Fha=('03)M24MO 1 TTY;711 } T -___ii' _ ���3 zenith Ave H. BROW Rental Livenso 1U11 gatJon mien CENTER Typa IV L1oonse Rha�u �0� 1) mer or agent tiV111 aftnd at m1nimurn % (2) of the A.R.M. meatings. The AAM, meetings must to completed withIn Me rental 11cense parlod and before the pending Typo W License exp1ratlon date. RegIstration 1$ not regtaked, hmvavar you Frust sign -En during the meeting, Writa two meeting dates an owner or agent pima to atte-TA Omer -r agog t vAl attend AAM, moo". a tchedulad on; j and j Have no repot a Wol'ations prevtou0ydoicumeritad wah the past yegir. Y. e folloyAng actiaam ore required for proptrUea with four (4) or more vnTta, Go du r Ed rpt aarai nn lhy t;ha1 tneE ties CQM pr a i;an t dill r.les. E] 2) Ganduct regular resident meal; t dardSM-panumehl WhwxttyibwWyncmrvvo Phow. (ar3) X330 t TM711 1 Fnx (163) ~�,4 M AND COMMMI T- STRrMMMS GO 1-3 Ze n I th AYD N, A- SrOOMY4 Cnater, Mu 5642� Rental License Wdgatton Plan CENTER Type IV Licianae Based on conditforl and age, estJmated rnpFactnient date$ need to be provided for oommon CaPM! ttetnsFuncFing -should be conaldered acovd;ngly. "amr, that are hrokaTj, worn. or ofiiarwtte in Vtolation prior 10 the 6-stimeted replacement data need to be reptaced, sooner. All iilsnu must have a date fnr EsUmate d Replacerfl-ant Data. DaWs suc- h as; llunaurel','�'dcrilt w-Whajq broken" will nw be accapted. If you are wksure of whan an Item Mil ne-ed to be rapla, you can make a predlalon based on the ogaj appearance, condition, or Mianufa ectureAnduttry recommendMons, Additional InformMon on Expected, Useful Ute enn be found at Item Datu Lost Replaced Condltl6n* PExpected Repinarnent Data Example: Waterilipater May 2010 F May 201*0 Furnace Zia U! 2D30 Water Healer 2W7 — o ,7 2= MIchan Appliams IM 2017 Laundry Appriancas Smoke AlarmsJ Carbon Monoxide Afarms 2014 G. Pa1ntJ8[d[ng Windows 2 -OW Roof 2000 2017 Fonta 200 shed No Shad Gara�pe N608TRtiplawd 20 Driveway 1995 T X30 81dawaft 2016 Other: 70910 415 *CPndj1fO') Ncieds Repraturnant-7-:R &ffttdVn RaF4 RM 444-15 -1�-33UVAurg cad cg=w ft-- FhM41r" Depffar-wnt VW11416yMrW.QTP Fhm*- M.FjWMUO I Try'.711 I F4x(M)SBG-3M) 1 71-77:�TqlU, laUUMING AND COAUMMY STMDMUDS City of 6 M Ze-A'I-h Aw o N, 1HLYN ER00onUcuns RW e Mitigaflon Plan f —77�<- V' CENTER Type rV Ucense Sections,"Isps to Improv,9 Afanagemeni and Conaitf:onq of property The Hems fn this section fiave beeri Proven to asalst %@Ath propa4 management and Pr-DpQT�r imao. The following actions are required; Ch -In wKh tenants every ;aMays, Lin 2) Drive by prop to Mak for possilile code violaftm. 3) -EvicI Pena n1s In Wolallon of the [&a -se or any addendums. 4) Remain tuitent on al] utl1hy fees, Mxoa, ass-otsmonLe, Hines, penaftfe-s,and other f inanutal clolmsfpsymenls due to the City. Ej 5) Other., The FolloWing attlo"ora optional unless required by t -he Cftyi 1) Provide lawn/r seniw. E] 2) PraVide parbago service. 3) Install aeaudty syam, 4) ProvIde FmimonAno sarvico plan for appl[ancas, Name ofuer0ce coMpany: E-1 5) ofhar - If the pe W Month Rental LAcowo Is approved lay the CRy Coundl, the If ns must comply %vRh the approved WitigaVon Plan and all applic-awe Cffy Codes. A wrliten report must bo 1 01h (I.By jDf ear subrnWed by the h Mpnih With an updata,or in;tfona being taken by ft owner andlor agent to comply with thlaMiftafion Plan. A mpy of the hlontNy Updato Mn be found Un gaga 7� A FlOn.ble form can 12-a found cm the City's website at vnvo.dtyofbrooklyrtrentf--rorg or call ,(763) SW -MO to haye an vloctron[c copy sent to you Va emaff. Plonse melt ad-Vtogal Onfounation H n-Massmy 7)1* IV Ro-OW UG-onsp ft&fim R.9% Rev, M7 013ft*lyn G=tCZ---BY6ffldLUg =6 V0=jvLU!VBt=ddrdff DOD arlm=t 15M I -AliErVr) €tea R06 -may, ErcraMynCentu, M14 E-5430-21$0 [ Ph TFY; 711 1 Fax (765) 6rlq -a= r—s --: ::-j BUIMING MM COAMUCff STANDARDS Ci T -Of 6013 ZoniM Ava N, 'Ooklp Cen'd3r, MN SS429 ItO MYN Rental LJOGnsamitilgat D"Plan ER Type IV Llama ftn and Vibrify I mffy that all information provided Is truo zrtd accurate. I understand that if 1 do riot COply Wftb h)O m approved Mitl5attan Flom, mmArWth all Remevftin the 11conse period, Oropeffite beyaR'd tba . jfbariN expLratlon dztB, enforcement acUoris such as cltafions,Iarma I complaints, or J-mnso rev imy result N'mk Md Shelfa y Foulke (04anor) Owmr orAqvnr Narno E?rd TAr6p6aF-e PAM) Pag a FV, Adr,-INb-n--J aimmrorAgw Mmw and TI]T& (rf Mingso L 101(yst-aff lonly 7- 9nd 60m=01-157,Wdurd.- DOPOrknent TPPP WRO-USIL--W-ft W%�-'-In Ph% Mv, 4-1445 CRY Ufa ."Myn Cental—Buffaing De-va-TEV-xini 630t U-Wro Crbsk PmPrkwayP-Taok-.1 Ounter, KIN WILL -21P9 I PhDnFm(Mj: 20 I rry.-ni I City Council Agenda Item No_ lOb COUNCIL ITEM MEMORANDUM DA'I'S: October 24, 2016 TO: Cunt Boganey, City Mana�e�� FROM: Jesse Anderson, Deputy Director of Building and Community Standards/I-Ilj{i Specialist /( SUBJECT: Appeal of Chapter 12 Compliance Order Submitted by Penelope Brown, rental property owner of 4819 Azelia Avenue North Recommendation: It is recommended that the City Council, serving as the Boazd of Appeals, consider adoption of a resolution addressing an appeal of rental compliance orders under Chapter 12 of the City Code by Ms. Brown. The primary recommendations are as follows: Affirm the compliance order dated September 22, 2016 for City Ordinance Section 12- 713 regarding the Screening of the Waste Containers and that the order should be corrected within 180 days. At the Housing Commission meeting on October 18, 2016, the Housing Commission reviewed the appeal. The general feedback from the Housing Commission was that there aze alternative locations to locate the enclosure in an area that is more visible and secure. If safety is generally a concern at the property then other measure should be considered to. improve the safety of the property such as a perimeter fence. Lastly, the Commission did not consider the appeal to be an erroneous interpretation of the code. The Housing Commission made the following recommendation: Housing Corrunission recommends that the City Council affirms the compliance order dated September 22, 2016 for City Ordinance Section 12-713 regarding the Screening o£ the Waste Containers and that the order should be corrected within 180 days. A sample resolution has been included for convenience. The Council may adopt or amend the resolution as it deems appropriate. Background: The property located at 4819 Azelia Ave N was inspected on 7/18/2016 and found to have 12 property code violations. The property was determined to not having screening of their outside disposal facilities in violation of chapter 12-713. On September 26, 2016 Ms. Brown submitted an appeal and paid the required $50.00 for the appeal. Sunirnazy of appeal: 1. The enclosure would block the sightline of the wooded area therefore causing a safety issue. Mlsslwe: Eusm�/ng nn rsrhnn)vq clenrr, s 1, hrc/uslve connnru./ry rhnt ¢nhmaces rhe pnallty f//l joe N! pe P/e rnu/Pces'ervrs the PrrbNe frost 2. The dumpster is over 200 feet from the street and next to a wooded area, therefore blocked from view. 3. Older residents may have difficulty operating the enclosure. 4. Lights from the parking lot would be shielded by the enclosure causing the wooded area to be dark and unsafe. 5. As a rental property they don't have the safety that a homeowner has with their own waste container. 6. Ice may accumulate near the enclosure due to drainage. 7. There are 4 businesses near the property that don't have enclosures. 8. The dumpsters are painted to match the building and could be painted again to improve appearance. 9. There is not enough room to install an enclosure and open the lids of the dumpsters. 10. Tenants should have the same rights as homeowners because they are paying higher portion on taxes then homeowners. Section 12-713 SCREENING All outside trash disposal facilities, recycling containers, and outside or rooftop mechanical equipment shall be screened from view by an opaque fence or wall high enough to completely screen the equipment. By ordinance, the City Council serves as the Board of Appeals to hear the appeal and make a decision whether the interpretation of the City ordinance is erroneous. The board of appeals may reverse, modify, or affirm, in whole or part the compliance order and may order return of all or part of the filing fee if the appeal is upheld. Strategic Priorities: ® Enhanced Community Image Attachments: Resolution Summary of Actions Ordinances Appeal Letter Correction Order 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 ADDRESSING APPEAL OF CERTAIN RENTAL INSPECTION COMPLIANCE ORDERS FOR 4819 AZELIA AVENUE NORTH IN BROOKLYN CENTER, MINNESOTA WHEREAS, the City Council serves as the Board of Appeals regarding appeals of City Code Chapter 12 regarding regulation of rental properties; and WHEREAS, Penelope Brown, landlord of 4819 Azelia Ave N, appeals the interpretation of city code compliance orders regarding screening of disposal facilities; and WHEREAS, the Board of Appeals finds that the City Ordinance Section 12-713 requires an opaque fence or wall high enough to completely screen equipment for disposal facilities and recycling containers as indicated by the compliance order; and WHEREAS, it is in the best interest of the city to ensure rental properties are maintained to minimum property maintenance standards in order to protect the public's health, safety and general welfare in accordance with city and state codes; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that: 1. The enforcement of City Ordinance 12-713 requires an opaque fence or wall high enough to completely screen equipment for disposal facilities and recycling containers as indicated by the compliance order. 2. The compliance order regarding the screening of waste enclosures per the city's rental inspection Compliance Notice be enforced. The appellant shall have 180 days from the date of this resolution to correct the violation. ATTEST: October 24 2016 Date City Clerk Mayor 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. r%t� w Buitding anal Community Standazds Department JJHlJt7J4'/fA• a3al sevSlecrceY tart-..--Smol:rya Cen ter-aLM1 -SSr30 !'F. n'�'rR las-Es9.aloo -Fax-sasSaiai6o-oa..-.uKornroo4n-ncmrrr.o.s Inspector C1�risEpoher GW Supervisor Approval= Xiona Tt�ao Summary of Actions Attach copies of at/ suppolA'rng documents Date: 1 0/0 42 0 1 6 Property Atltlress: 4819 i�EU�.Ave N Name: Penelope Brown History of Facts: �a[e Ac[ion Notes The property currently has a Type II — 2 year license with an expiration date of 10131116_ Staff 7/13/2016 Rental License Renewal The owner submitted the rental license renewal application. 7/152016 Rental license inspection Rental license inspection schetluled for 9/15116_ 8/2 272 0 1 6 Inspection Reschedule The owner Calletl to reschedule the rental license inspection to 9/22116. 97222016 Rental Inspection fst inspection completetl and failed with 12 property code violations. Follow up inspection sch¢duled for 1021776_ Chris C. Nate B 92672016 Appeal Appeal submitted for the requirement of [he trash enclosure_ Note: Ofh¢r carresponrfenee may have oc<umeasno may not be intticated above. Ordinance: Section 7-102 REFUSE STORAGE AND DISPOSAL Subdivision 1. Containers Required. The owner of any premises and any other person have refuse as herein defined, must provide and keep on such premises sufficient containers for the storage of refuse accumulated on the premises between disposal or collection. Each container must be watertight, must have a tight fitting lid, must be impervious to insect, rodents, vermin, and absorption of moisture and may not exceed 30 gallons in capacity or 95 gallons in capacity in the case of roll -cart automated containers or have ragged or sharp edges or any other defect liable to hamper the person collecting the contents thereof. All refuse on any premises must be stored in required containers unless it is immediately consumed or disposed of on the premises in an approved incinerator. All commercial, business, industrial, or other such establishments having a refuse volume in excess of two cubic yards per week, and all six -family and larger dwellings, must provide approved bulk or box type refuse storage containers or approved equivalent. The containers must be located so as to be accessible to collection equipment and so as not to require an intermediate transfer. Section 12-713 SCREENING All outside trash disposal facilities, recycling containers, and outside or rooftop mechanical equipment shall be screened from view by an opaque fence or wall high enough to completely screen the equipment. Section 12-1202. RIGHT OF APPEAL. When it is alleged by any person to whom a compliance order is directed that such compliance order is based upon erroneous interpretation of this Chapter, such person may appeal the compliance order to the City Council sitting as a board of appeals. Such appeals must be in writing, must specify the grounds for the appeal, must be accompanied by a filing fee as set forth per council resolution, in cash or cashier's check, and must be filed with the department of planning and inspection within five (5) business days after service of the compliance order. The filing of an appeal shall stay all proceedings in furtherance of the action appealed from, unless such a stay would cause imminent peril to life, health, or property. Section 12-1203. BOARD OF APPEALS DECISION. Upon at least five (5) business days notice to the appellant of the time and place for hearing the appeal, and within thirty (30) days after said appeal is filed, the board of appeals shall hold a hearing thereon, taking into consideration any advice and recommendation from the advisory housing commission. The board of appeals may reverse, modify, or affirm, in whole or in part, the compliance order and may order return of all or part of the filing fee if the appeal is upheld. -II IIRI)S"I�R1�1="I'Al�'1)�1/I-:I.IA 1'Rfll'1'RTII'S, 1 f C September 26, 2016 Building and Community Standards G301 Shingle Creek Pkw}• F3rooklyn Oester, MN 5 54 30-2 1 99 gear Housing Inspectors, This letter is in reply to your letter regarding the property inspection for 4819 Azelia Ave N citing building violation: Unit Ext -Rental 12-713_ We feel that there could be an erroneous interpretation and possible better wording of this Ordinance for the following considerations: ] .) 7:he dumpster site is remote based on the acre of property on which this building was built 50 years ago. This puts the dumpsters over 200 feet from the street behind the apartment building next to a wooded at -ea that is pe�7nanently lets wooded and vacated. Putting an enclosure for 2 containers (who's only unsightliness could be remedied by a new coat of paint) this far back next to a wooded area would mean that the dumpsters would have to be very large (to shovel inside), this would cover GO% of our visual of the wooded tine, also they would be right up to the wooded area (where a rapist or criminal could hide in or behind and not be seen) jr�1i' i oia heli �'yC'i' h eai-d Diis 14 so tei-i'l f W ig to ow- Clear Resideias Mat we inipI ore )iri° tai � rp t t1r II A "7� s.Sice. 2. `Info hundred feet from the street on thel East side of our property the view of our dumpster's is blocked by a 12 unit apartment building. Our only Neighbor on the South side of us cannot see the dUmpsters because a garage is blocking their view. The alley behind us has been Vacated for over 10 years and is riot to be used. On our forth side the view is concealed by 2 brunIes, a huge row of lovely Evergreens, flowering Lilac, bushes and 150 feet of rolling hills of lawn. Oil the West, 15 feet from our dumpsters, is a permanently dense wooded area. This is to remain there as a sound barrier from the large business to our North. The only possible view is to the SW of us. This area is blocked from view by a 100 foot long row of densely planted, 25 feet tall and wide Evergreen Arborvitaes which blocks their possible view all year long. 3.) Some of our Residents are old and frail and an enclosure would be impossible for them to use. 4.) Vile have Residents who have pots that are taken to behind the dumpsters to do their business at many odd hours and numerous tines of the day and night. It is extremely dark and remote near the wooded area where a young women back there could be vulnerable to someone hiding in or behind an enclosure which would prevent anyone from seeing or hearing a possible assault or attack. Other of our residents, men and women, work nights which can make them also very vulnerable. Plus in the Y'all and Winter it does get dark very early. Our garages and parking lot are exu-emely well lit on all sides_ However, an enclosure for the dw»psters would hide and shadow the entire wood line that is well lit right now due to our high powered LEI> parking lot light. Even if a light was installed behind the enclosure you would still not see behind 2 sides, nor inside of it. 5.) Home owners are fornmate in that they have the safety of their home to access their trash where, we according to circumstances have no other such option. 6.) Our entire parking lot and building drain to the rear of the parking lot. 'Phis could cause a problem should this land not he accessible for this water drainage. In the Winter great amount of ice will acculuminate here and make it dangerous to reach the dwnpstw-. 7.) There are 4 businesses in our immediate area that do not have screened dumpsters. 8.) The dumpsters are not YI]aY Unsightly, they are painted to match our building. "]'here is never any debris littering that site. However, a new paint job wouldn't huI-t their appearance. 1 will ask.ihe Service Yolks to replace the dumpsters with tTeshly painted ones. 9.) Structurally there is not enough room to put in the enclosure and to siill be able to open the lids to empty the dumpsters and not to be exceeding our lot line. 1 O.) We hope that our renters who have chosen to live in our fair city, who are excellent people, will have the same benefits tfiat home owners do, and as you know renters do pay a higher portion of taxes than home owners. Thank you so much for viewing ow- concerns. 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