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HomeMy WebLinkAbout2017 02-13 CCP Regular SessionAGENDA CITY COUNCIL STUDY SESSION February 13, 2017 6:00 p.m. Constitution Hall, Community Center A copy of the full City Council packet is available to the public. The packet ring binder is located by the Secretary. 1.City Council Discussion of Agenda Items and Questions 2.Miscellaneous a. Citizen Request to Improve Council/Citizen Communication 3.Discussion of Work Session Agenda Items as Time Permits 4.Adjourn I1i1PJ(iJ I I III i'&i *L1 [I)L'A I M'A 0) t1II I1IJ1 DATE: February 9, 2017 TO: City Council FROM: Curt Boganey, City Mana SUBJECT: Citizen Request to Improve Council/Citizen Communication Recommendation: Consider the e-mail request from Sheilah Miller to expand the opportunities for citizens to provide feedback and dialogue with City Council. Background: On January 22, 2017, an e-mail was sent to all Council Members from Ms. Miller. In the e-mail she expresses a desire to partner with the City Council and City Manager to effect change in Brooklyn Center and to change the reputation of Brooklyn Center. As a way of improving our relationship with citizens, she has asked the City Council to consider a number of options. This item has been placed on the Study Session at the Mayor's request so that you may discuss whether or not the Council wants to further deliberate on the recommendations and request. Following your deliberation, a decision should be made if this is an item that requires any further action such as scheduling a Work Session for further discussion. Strategic Priorities: Inclusive Community Engagement Tl'Iission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust CITY COUNCIL MEETING City of Brooklyn Center Constitution Hall, Community Center February 13, 2017 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 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. Approval of Minutes 1.January 23, 2017—Study/Work Session 2.January 23, 2017— Regular Session b. Licenses An Ordinance Amending Chapter 23 of the City Code of Ordinances Relating to Transient Accommodations and the Payment of Property Taxes —Motion to approve first reading and set second reading and Public Hearing for March 13, 2017. d. Approval of Application and Permit for a Temporary On-Sale Liquor License for Church of St. Aiphonsus, 7025 Halfax Avenue North, for a Social Event to be Held April 29, 2017 e. Resolution Approving Change Order No. 1, Improvement No. 2014-05, Contract 2014-B, Water Treatment Plant Project CITY COUNCIL AGENDA -2.. February 13, 2017 f.Resolution Calling for a Public Hearing on Proposed Special Assessments for Diseased Tree Removal Costs and Delinquent Weed Removal Costs g.Memorandum of Understanding between Brooklyn Police Department and National American University Addressing Campus Sexual Assault 7.Presentations/Proclamations/Recognitions/Donations —None. 8.Public Hearings a. Proposed Use of 2017 Community Development Block Grant (CDBG) Funds —This item was first read on January 9, 2017; published in the official newspaper on January 19, 2017; and is offered this evening for Public Hearing. Requested Council Action: —Motion to open Public Hearing. —Take public input. —Motion to close Public Hearing. —Motion to direct staff regarding allocation of the CDBG Funds. 9. Planning Commission Items a.Planning Commission Application No. 2017-001 Submitted by HOM Furniture Inc. and Gatlin Development Company Requesting Approval of a Planned Unit Development Amendment No. 8 to the 2011 Shingle Creek Crossing Planned Unit Development and Site and Building Plan Approval of a New HOM Furniture Store, Located at 2501 County Road 10 —The Planning Commission recommended unanimous approval of this Application at the January 26, 2017, meeting. 1) Resolution Regarding the Disposition of Planning Commission Application No. 2017-001 Submitted by HOM Furniture Inc. and Gatlin Development Company Requesting Approval of a Planned Unit Development Amendment No. 8 to the 2011 Shingle Creek Crossing Planned Unit Development and Site and Building Plan Approval of a New HOM Furniture Store, Located at 2501 County Road 10 Requested Council Action: —Motion to adopt resolution. b.Planning Commission Application No. 2017-002 Submitted by Big Picture Twin Cities and Cross of Glory Lutheran Church Requesting Approval of a Special Use Permit for New Public Charter School Offering a Regular Course of Study Accredited by the Minnesota Department of Education for the Property Located at 5929 Brooklyn Boulevard —The Planning Commission recommended unanimous approval of this Application at the January 26, 2017, meeting. CITY COUNCIL AGENDA -3- February 13, 2017 1) Resolution Regarding the Disposition of Planning Commission Application No. 2017-002 Submitted by Big Picture Twin Cities and Cross of Glory Lutheran Church Requesting Approval of a Special Use Permit for New Public Charter School Offering a Regular Course of Study Accredited by the Minnesota Department of Education for the Property Located at 5929 Brooklyn Boulevard Requested Council Action: —Motion to adopt resolution. 10. Council Consideration Items a. Consideration of Type IV 6-Month Provisional Rental Licenses 1.2806 65th Ave N 2.3306 65th Ave N 3.6718 Colfax Ave N 4.5616 Dupont Ave N 5.1507 Humboldt P1 6.53SO Irving Ave N 7.5642 Logan Ave N 8.5712 Logan Ave N 9.6012 York Ave N 10.Resolution Approving a Type IV 6-Month Provisional Rental License for 3401-13 47th Ave N, Ryan Lake Apartments 11.Resolution Approving a Type IV 6-Month Provisional Rental License for 1425 55th Ave N 12.Resolution Approving a Type IV 6-Month Provisional Rental License for 2113 55th Ave N 13.Resolution Approving a Type IV 6-Month Provisional Rental License for 2833 67th Ln N 14.Resolution Approving a Type IV 6-Month Provisional Rental License for 2913 Nash Rd 15.Resolution Approving a Type IV 6-Month Provisional Rental License for 5301-05 Russell Ave N, Sommerset Place Apartments Requested Council Action: —Mayor poll audience for applicants to address Council. —Receive staff report. —Motion to open hearing. —Receive testimony from applicants. —Motion to close hearing. —Take action on rental license applications and mitigation plans. 11.Council Report 12.Adjournment EDA MEETING City of Brooklyn Center Constitution Hall, Community Center February 13, 2017 AGENDA 1.Call to Order —The EDA requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet, including EDA (Economic Development Authority), is available to the public. The packet ring binder is located by the Secretary. 2.Roll Call 3.Approval of Agenda and Consent Agenda —The following items are considered to be routine by the Economic Development Authority (EDA) and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which event the item will be removed from the consent agenda and considered at the end of Commission Consideration Items. a. Approval of Minutes 1. January 9, 2017 - Regular Session 4.Commission Consideration Items a.Resolution Authorizing the Acquisition of Blighted Property in Connection with the Remove and Rebuild Program (5315 James Avenue North) Requested Commission Action: —Motion to adopt resolution. b.Resolution Approving the Removal of a Parcel from Tax Increment Financing District No. 3 within Housing Development and Redevelopment Project No. 1 (2500 Co. Rd. 10— former Brookdale Ford Site) Requested Commission Action: —Motion to adopt resolution. 5. Adjournment AGENDA CITY OF BROOKLYN CENTER CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION February 13, 2017 Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M. Constitution Hall, Community Center A copy of the full City Council packet is available to the public. The packet ring binder is located by the Secretary. ACTIVE DISCUSSION ITEMS 1.Discussion of the Brooklyn Center Branding & Identity Campaign 2.Youth in Government Day Planning 3. Solar Opportunities PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1.Water Meter Failure Update 2.Body Camera Implementation and Policy 3.Liquor License Regulations 4.Paperless Council Process 5.Drinking Water Update 6.TIF Funding Update City Council Agenda Item No. 6a MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY/WORK SESSION JANUARY 23, 2017 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 Marquita Butler, April Graves, Kris Lawrence- Anderson, and Dan Ryan were present. Also present were City Manager Curt Boganey, Interim Assistant to the City Manager Reggie Edwards, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Director of Community Activities, Recreation and Services Jim Glasoe, City Attorney Troy Gilchrist, and Michaela Kujawa- Daniels, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION, OF AGENDA ITEMS AND QUESTIONS Councilmember Butler requested discussion on Item 6b, Rental Licenses for Council approval. She asked if the properties with higher numbers of violations had accumulated all the violations over the course of years or if they are from the current rental licensing period or year. Mayor Willson replied that the violations listed are all from the current year of the rental license period and noted those with higher violations will have a lower license level than those without violations. Councilmember Ryan requested the following change to the Study Session minutes of January 9, 2017: Page 2, 2nd Paragraph, 5th Line: "Councilmember Ryan stated he would not want to support sales tax." and to substitute it with the following language: "Councilmember Ryan stated he will not support State Legislation authorizing a municipal sales tax for Brooklyn Center." It was the majority consensus of the City Council to accept the revision to the January 9, 2017 City Council Study Session minutes. MISCELLANEOUS Councilmember Lawrence-Anderson stated the Council had received an email regarding a request to conduct periodic town hail style meetings and asked if the Council would like to 01/23/17 -1- DRAFT discuss that further at this time. Mayor Willson stated he has not had a chance to read the email yet but upon doing so, they will discuss the topic. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS BRANDING AND IDENTITY CAMPAIGN UPDATE - MR. EDWARDS Interim Assistant to the City Manager Reggie Edwards introduced this item and provided some background on this topic. He introduced Vitalink President Jeanne Frazer and Marketing Consultant Kathy Horn to provide a presentation on the findings of the branding and identity campaign they conducted for Brooklyn Center. Ms. Frazer asked for feedback from the Councilmembers on the potential branding logos presented. Mayor Willson stated his preference is the logo with the house and the person. Councilmember Graves stated she agrees with Mayor Willson that the first logo is her preferred choice as well. Councilmember Lawrence-Anderson stated she does not like the logo with the different size lettering in the word "Center" and she prefers the logo with the tree of life but has concerns about seeing the details in the tree from far away. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL The Study Session was recessed at 6:49 p.m. RECONVENE STUDY SESSION Councilmember Graves moved and Councilmember Lawrence-Anderson seconded to reconvene the Study Session at 6:53 p.m. Motion passed unanimously. BRANDING AND IDENTITY CAMPAIGN UPDATE - MR. EDWARDS - Continued Councilmember Butler stated she likes the tree of life logo the best but doesn't particularly love any of them. She asked how Vitalink would get feedback from residents on these options. Ms. Horn stated they would send out a survey to get input from the residents. Councilmember Graves stated she would like to get feedback from the residents before making a choice and noted she does like the catch phrase "Get closer". Mayor Willson stated his daughter-in-law is a graphic designer by trade and he would like to share these with her and get her feedback. Councilmember Ryan stated he would also like to get some input from a graphic designer he knows as well and noted he isn't really taken with any of these ideas. 01/23/17 -2- DRAFT ADJOURNMENT Councilmember Ryan moved and Councilmember Graves seconded to close the Study Session at 7:00 p.m. Motion passed unanimously. 01/23/17 -3- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JANUARY 23, 2017 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 6:50 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Marquita Butler, April Graves, Kris Lawrence- Anderson, and Dan Ryan were present. Also present were City Manager Curt Boganey, Interim Assistant to the City Manager Reggie Edwards, Finance Director Nate Reinhardt, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Director of Community Activities, Recreation and Services Jim Glasoe, Deputy Director of Building and Community Standards Jesse Anderson, 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. No one wished to address the City Council. Councilmember Graves moved and Councilmember Lawrence-Anderson seconded to close the Informal Open Forum at 6:52 p.m. Motion passed unanimously. 2.INVOCATION Councilmember Graves read a quote from Martin Luther King, Jr. as the Invocation in honor of Martin Luther King Jr. day. 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 01/23/17 4- DRAFT Mayor Tim Willson and Councilmembers Marquita Butler, April Graves, Kris Lawrence- Anderson, and Dan Ryan were present. Also present were City Manager Curt Boganey, Interim Assistant to the City Manager Reggie Edwards, Finance Director Nate Reinhardt, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Director of Community Activities, Recreation and Services Jim Glasoe, Deputy Director of Building and Community Standards Jesse Anderson, 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 Lawrence-Anderson moved and Councilmember Ryan seconded to approve the Agenda and Consent Agenda, as amended, with amendments to the Study Session minutes of January 9, 2017, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1.January 9, 2017— Study/Work Session 2.January 9, 2017 - Regular Session 3. January 9, 2017— Work Session 6b. LICENSES LIOUOR - ON-SALE WINE INTOXICATING AND 3.2 PERCENT MALT LIQUOR Hiep Thanh Deli Inc. dba Hiep Thanh BBQ & Deli 6201 Brooklyn Boulevard MECHANICAL Farr Plumbing & Heating 7600 27th Street Ste. 225, St. Louis Park Knott Mechanical 3961 Quebec Avenue North, New Hope RENTAL INITIAL (TYPE III— one-year license) 6926 West River Road Mark Pivec RENEWAL (TYPE III— one-year license) 7037 Humboldt Avenue North Sam Yen Liew 6316 Quail Avenue North Tim Xiong 01/23/17 -2- DRAFT RENEWAL (TYPE II— two-year license) 5700 Camden Avenue North Ryan Creek Manor, 3713 47th Avenue North 5517 Knox Avenue North RENEWAL (TYPE I— three-year license) Ryan Creek Manor, 3601 47th Avenue North (Passed with Weather Deferral) Ryan Creek Manor, 3613 47th Avenue North 6835 Noble Avenue North 5305 67th Avenue North 5548 Lilac Drive North Quality Residences/Danmark Properties LLC Drew Kabanuk Roger Harris Drew Kabanuk Drew Kabanuk Robert Berglund Sai Yang Prosperous Property LLC 6c.RESOLUTION NO. 2017-20 APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NOS. 2017-01, 02, 03, 04, AND 07, EVERGREEN PARK AREA STREET, STORM DRAINAGE, UTILITY, TRAIL AND PARKING LOT IMPROVEMENTS 6d.RESOLUTION NO. 2017-21 ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2016-19, CONTRACT 2016-N, 2016 MISSISSIPPI RIVER TRUNK CIPP LINING PROJECT 6e. RESOLUTION NO. 2017-22 ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2016-21, CONTRACT 2016-M, 2016/2017 POND MAINTENANCE 61. ACCEPTANCE OF PAY EQUITY COMPLIANCE REPORT Motion passed unanimously. 7.PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS None. 8.PUBLIC HEARINGS None. 9. PLANNING COMMISSION ITEMS None. 10. COUNCIL CONSIDERATION ITEMS 01/23/17 -3- DRAFT lOa. MAYORAL APPOINTMENT OF MEMBER TO SERVE ON NORTHWEST SUBURBS CABLE COMMUNICATIONS COMMISSION Councilmember Ryan moved and Councilmember Graves seconded to ratify the Mayoral appointment of Darryl Sannes, 7006 Willow Lane, to the Northwest Suburbs Cable Communications Commission with a term to expire on December 31, 2017. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: • January 16, 2017: Attended the Brooklyn United Methodist Church MLK Celebration • January 21, 2017: Attended the City of Crystal Legislative breakfast • January 27-28, 2017: Attending the League of Minnesota Cities Leadership Conference Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: • January 17, 2017: Attended the Earle Brown Committee Meeting • January 17, 2017: Attended the Housing Commission Meeting Councilmember Graves reported on her attendance at the following and provided information on the following upcoming events: • January 17, 2017: Attended the Park and Recreation Meeting • January 23, 2017: Attended the Brooklyn Center Youth Council Meeting • January 24, 2017: Attending the Native Parents and Advisory Group • January 24, 2017: Attending the Multi-Cultural Advisory Committee Meeting • January 27-28, 2017: Attending the League of Minnesota Cities Leadership Conference Councilmember Butler reported on her attendance at the following and provided information on the following upcoming events: • January 12: Attended the ACER Regional Housing Forum • January 15, 2017: Attended the OLM Meeting • January 16, 2017: Attended the MLK breakfast at the Convention Center • January 21, 2017: Attended the City of Crystal Legislative breakfast Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: • January 12, 2017: Attended and spoke at the State of the City Meeting • January 12, 2017: Attended the Blue Line Meeting with the CMC • January 16-19, 2017: Attended the US Conference of Mayors in Washington, DC • January 24, 2017: Attending the North Hennepin Area Chamber of Commerce Meeting • January 24,2017: Attending the MAC Meeting • January 25, 2017: Attending the Directors of Brooklyn Bridge Alliance for Youth Meeting 01/23/17 -4- DRAFT • January 26, 2017: Attending the Minneapolis NW Visitors Bureau Annual Meeting • January 26, 2017: Attending the Brooklyn Center Business Association Luncheon • January 27-28, 2017: Attending the League of Minnesota Cities Leadership Conference • January 28, 2017: Attending the Crescent Cove fundraiser • January 30, 2017: Attending the Auditors Meeting • February 3, 2017: Attending the North Hennepin Area Chamber of Commerce Gala 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Graves seconded adjournment of the City Council meeting at 7:22 p.m. Motion passed unanimously. 01/23/17 -5- DRAFT Mwity Council A1!i i riItem [Eli IJ[IJ I fl I I '4 U I aWA O t1WI flSAI DATE: February 7, 2017 TO: Curt Boganey, City Manag' FROM: Rozlyn Tousignant, Deputy City Clerk SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses on February 13, 2017. 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. LIQUOR - ON-SALE WINE INTOXICATING AND 3.2 PERCENT MALT LIQUOR MECHANICAL Air Express INC. American Air Supply Chesney Mechanical Group Northwest Heating & Cooling Ronnie Steinkraus Plumbing & Heating LLC RENTAL See attached report. 1010 118th Ave NE Blaine, MN 55434 11257 207th Ave NW Elk River, MN 55330 4118 Shoreline Drive Robbinsdale, MN 55422 434 Taylor Street Anoka, MN 55303 10027 Co. RD. #13 Sebeka, MN 56477 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Ei1II[iJ I N N N k'1 U I Ik'4 [II 1I 1SJhA I Rental License Category Criteria Policy - Adopted by City Council 03-08-10 Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type l-3Year 1-2 units 0-1 3+ units 0-0.75 Type II —2 Year 1-2 units Greater than 1 but not more than 4 - 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 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 34 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Property Address Dwelling Type Renewal or Initial Owner Property Code Violations License Type Police CFS * Final License Type ** Previous License Type *** 2932 69th Ln N Single Family Initial Mayerling Rios 7 III N/A III 6436 Fremont Ave N Single Family Initial Excel Properties LLC 0 I N/A II 5415B Girard Ave N Single Family Initial Vinson Carlson 0 I N/A II 7225 Morgan Ave N Single Family Initial Shasta Frandrup 4 II N/A II 6824 Regent Ave N Single Family Initial Cari Gilseth 0 I N/A II 5001 Ewing Ave N 1 Bldg 4 Units Renewal Bartholomew Dabrowski 7 (1.75/Unit)III 0 III III 3807 61st Ave N Single Family Renewal Invitation Homes 2 II 0 II II 3000 64th Ave N Single Family Renewal Infinite Property LLC 1 I 0 I II 5942 Aldrich Ave N Single Family Renewal BRP II 2 II 0 II I 6200 Brooklyn Blvd Single Family Renewal Tuan Pham 1 I 0 I II 5712 Bryant Ave N Single Family Renewal RHA 3, LLC 1 I 0 I II 5316 Colfax Ave N Single Family Renewal Main Street Renewal LLC 4 II 0 II III 5439 Colfax Ave N Single Family Renewal Roger Kadlec 2 II 0 II III 5943 Colfax Ave N Single Family Renewal Juliana Koe 4 II 0 II IV 2407 Ericon Dr Single Family Renewal Plia Thao 6 III 0 III IV 1531 Humboldt Pl N Single Family Renewal ShoeMiller Properties LLC 1 I 0 I I 5313 Northport Dr Single Family Renewal Invitation Homes 4 II 0 II III 3007 O'Henry Rd Single Family Renewal Invitation Homes 0 I 0 I III 6230 Quail Ave N Single Family Renewal Kurt Templin 4 II 0 II II 5223 Xerxes Ave N Single Family Renewal TMC Management Corporation 0 I 0 I IV 5907 York Ave N Single Family Renewal Infinite Property LLC 0 I 0 I II * CFS = Calls For Service for Renewal Licenses Only (Initial Licenses are not applicable to calls for service and will be listed N/A.) ** License Type Being Issued Type I = 3 Year Type II = 2 Year Type III = 1 Year *** Initial licenses will not show a previous license type All properties are current on City utilities and property taxes Rental Licenses for Council Approval on February 13, 2017 City Council Agenda Item No. 6c i1IJ(ii I V ak'A UYA I )k'A (I) 1I P1IJk' I DATE: February 7, 2017 TO: Curt Boganey, City Mana FROM: Sharon Knutson, City Clerk SUBJECT: An Ordinance Amending Chapter 23 of the City Code of Ordinances Relating to Transient Accommodations and the Payment of Property Taxes Recommendation: It is recommended that the City Council consider approval of first reading of an ordinance amending Chapter 23 of the City Code of Ordinances Relating to Transient Accommodations and the Payment of Property Taxes and set second reading and Public Hearing for March 13, 2017. Background: On November 28, 2016, the City Council adopted Ordinance No. 2016-12 adding new sections 23-2400 through 23-2414 related to the licensing of Transient Accommodations. City Code Section 23-006.05 requires the holder of certain types of licenses to be current on property taxes, assessments, or other financial claims of the state, county, school district, or city. It is recommended that transient accommodations be added to the list of licenses in Section 23- 006.05 to ensure that financial claims such as lodging tax, property tax, assessments, and City utilities are current prior to granting or renewing a license. Budget Issues: There are no budget issues to consider. Strategic Priorities: Enhanced Community Image Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust CITY OF BROOKLYN CENTER Notice is hereby given that a Public Hearing will be held on the 13th day of March, 2017, 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 Amending Chapter 23 of the City Code of Ordinances Relating to Transient Accommodations and the Payment of Property Taxes. 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 RELATING TO TRANSIENT ACCOMMODATIONS AND THE PAYMENT OF PROPERTY TAXES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. The Brooklyn Center City Code of Ordinances, Section 23-006.05 is amended as follows: Section 23-006.05. PAYMENT OF PROPERTY TAXES REQUIRED. No license shall be granted or renewed for tobacco related products; bowling alleys; public dancing; filling stations; pawnbrokers; secondhand goods dealers; motor vehicle dealerships; saunas and sauna baths; massage parlors; rap parlors, conversation parlors, adult encounter groups, adult sensitivity groups, escort services, model services, dancing services, or hostess services; transient accommodations: or amusement devices for operation on any property on which taxes, assessments, or other financial claims of the state, county, school district, or city are due, delinquent, or unpaid. In the event a suit has been commenced under Minnesota Statutes, Section 278.01 through 278.03, questioning the amount or validity of taxes, the City Council may on application waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof which remain unpaid for a period exceeding one (1) year after becoming due. Section 2. Effective Date. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of 2017. Mayor ATTEST: City Clerk Date of Publication: Effective Date: (Strikeout indicates matter to be deleted, double underline indicates new matter.) 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. 2016-12 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 number 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. 2016-12 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 turpose of these Sections 23-2400 through 2414 to ensure that hotels and motels (referred to in these Sections as "transient accommodations") are taking steps and implemepjipj, measures as may be needed to discourage the use of their facilities for criminal activities to protect the safety of their gu the public. Those ownina and operatmnn transient accommodations in the City have - - - -1- -. 4t..4 ccn11 :., Section 23-2401. LICENSE REQUIRED. It is unlawful for any person, firmor 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 Dror'ertL Section 23-2402. DEFINITIONS A."Annual calls for service" - The greaate total of all calls for service tog transient accommodation pro y in a calendar year multiplied by the total number of lodging units in the transient accommodation as determined bvthe City. B."Call for service" -'Includes any of the following: 1.Any report of criminal activity made to the police department from or concernmnn a transient accommodation in connection with an incident 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.Any incident observed by police concerningJranSient accommodaliQu property and is responded tQby a police officer. Only a call for service that is verified by the responding police officer as being valid call for service regarding criminal activity shall be included in the annual calls for service calculation for the purnoses of these Sections 23-2400 throng 23-2414. ORDINANCE NO. 2016-12 C."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 lodging unit. D."Level III transient accommodation" - Any transient accommodation who se annual calls for service are at least .40 calls per lodging unit or greater. B. "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 roorna,. meeting rooms, business centers, pool areas, and workout rooms. F."Police department" - The City of Brooklyn Center Police Department. G."Transient accommodation" - Any facility such as a hotel, motel, condominium 4 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. H; "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 circumstance s exist: A.The applicant submits an incomplete license application or fails to submit the Quired application fee: B.The applicant was not truthful in any of the information provided to the City as p art of its request for a licens e; 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 ordinanci D.The transient accommodation property is not in compliance with any applicable federal. state, or local law, rule, regulation, or ordinanc e. ORDINANCE NO. 2016-12 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 p Level. Ltransiçnt accommodation license. The City may chatge a reduced license fe e LaeW transient accommodation licens,,e based on the number of noiithsjemainhiiiJb particular licejp1g perinth B.On or before February 1st o f each year the city will notify each existiflraPieflt accommodation in writing of their animal calls, for service for the pre vious ear and the level of transient accommodation license for which jhey_LaPPl. Applications for a license renewal shall be submitted to City le ast 30ds prior to the llcense_piratiate. C. , The transient, accommodations must obtain the required, level ,pf_irapsient accommodation license from the City by no later than May I " ea ch ye ar . All requirements applicable to the particular level of license and my. conditions placed on the license must be completed and filly jpkmenteith e licensee by August 1st Failure to comply with the requirements applicioJe license level, or any conditions issued by the CityiiQil,Shlieeconstitute sufficient grounds for the reo,cation, suspension, or noirenwaLQft transient accommodation license Section 23-2405. LICENSE FEE. The fee for a transient accommodationsJicnSe shall be as set, forth by city Council resolution The City Council may e for e ach licensing leveL Section 23-2406. LICENSE PERIOD. All transient accommodations licen s es shaU gLxp ire on April 30 each Section 23-2407. TRANSFER OF LICENSES. A transient ,accommodation heense ma be transferred to a new ,o wner of a transient accommodation, continuing t o perate one transient accommodation property for which the , license was issued. Written ,notic e transfer shall be provided to the City within ten (10) business days a fter the trans 'er. The no tice shall include the name and address of the person, fi or corporatio n alinner 5hWor control of the transient accommodation. A , transient accommodation jicenseshall not be transferred or relocated to la transient accommodation located ona different s ite. withany special requirements be y ond complying with any conditions, the City Council m impose on the license. The license shall be issued upon application,nt of applicable fees. plicable goyemment agencies, incluingJheMi 0taand proper licensing with all ,ap Department of Health . ORDINANCE NO. 2016-12 accommodation is required to meet the following special requirements. utnuiu LU in order to be eligible for a transient accommodation license, and shall comply with any conditions the City Council may impose on the license. A.Obtain and maintain a record of all guests renting the lodging unit B.Submit a management plan to the City detailing steps the establishment intends to take to reduce criminal activity. C.Consult with the police department to obtain such inspeètion services and advic e regarding crime prevention as may be needed to address thtypand calls for service made to the transient accommodation property. D.Consult with the police department to keep apprised of police activity occurr in g on the transient accommodation nroncrty. F. Install and operate a surveillance camera, with a recorder in the lobby at all times. F. Undergo a tolice department crime prevention assessment of the transient accommodation proteity..' Section 23-2410. LEVEL III TRANSIENT ACCOMMODATIONS. Level III transient accommodations are required to meet the following special requirements, designed to deter srirne, to be eligible for a transient accommodation license, and shall comply with any conditions the City Counicil 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 backaround checks on all owners, managers. and employees of the transient accommodatjp. C.Hold semi-annual employee training sessions assisted by the police department. D.Provide 24-hour front desk personn e l. E. Enforce the following guest ru les: 1.Lodging units cannot be rented for less than a six-hourpeqj 2.Prohibit guests from producing loud noises that unreasonably disturb the tranquility of the other guests or those adj a cent to the transient accommodation property and ORDINANCE NO. 201642 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 exiirjp, date. G.Remove all graffiti and repair all vandalism within seven (7') days of occurrenc e. H.Install lighting in all common areas with minimum maintained lightmun 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 d ay 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 abov e-referenced requirements. Section 23-2411. BACKGROUND CHECKS. A. To the extent a transient accommodation is required bythis 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, which must be conducted by a company providing criminal history check services utilizing the most recent update of the Minnes o t a criminal history files; 2.A statewide criminal history check from the person's previous states of residence covermun the last three years if the person has not resided in Minnesota for at least the three years preceding the history check - nd 3. A criminal history check conducted in all seven counties in the Twin Cities metropolitan area (the 'counties of Anoka. Carver, Dakotg, Hennepin, Ramsey. Scott. and Washington) covering at least the last thr ee years, including all misdemeanor, gross misdemeanor. and felnny 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 yea ORDINANCE NO. 2016-12 and shall make the information available for inspection upon request by the City Manager or the City Manager's designe Section 23-2412. REVOCATION AND SUSPENSION OF LICENSE. A transi ent accommodation license may be revoked, 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 upon any of the following grounds: 1.A false statement, misrepresentation, or fraudulent statement on a ny appl ication or other information or report required by these Sections 23 2400 throunh23-24i4 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 C ode; 3.Failure to comply with any of the special requirements imposed in Sections 23-2400 thro u gh 23-2414 applicable to the particular license ley 4.Failure to comply with any of the conditions placed on the license bv_th e City Council - 5.Failure to implement the management plan, if one is required, for th e transient accommodatio n; / 6.Failure to continuously comvly with any zoning, health.Jbuildin g , nuisance, or other City Codes, including failing to comply withan corrective orders issued within the time specified in the orde r : 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 rule, re g ulation, 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 opportunitytQ request a hearing before the City Council before final action is taken to revok e, apend, or not renew the license. An applicant or licensee waives its right toa hearing if it fails to submit a written request for a hearing to the City within ten iQdays of the issuance of the written notice. If a timely request for a hearing, the City Council shall conduct a hearing at the next regularly scheduled ORDINANCE NO. 2016-12 City Council meeting and provide the applicant or license e an opp ortunijy to be heard. C. The written decision to revoke, suspend, or not renew a transi ent nccommoflOfl license shall identify the specific grounds for the decision. Upon issuance oLth written decision, no lodging unit within the transient accommodation may b offered or used for any period of time by guests until a new tran sient accommodation licenses is issued. Section 23-2413. REAPPLICATION AFTER LICENSE ACTION. Reapplication fora transient accommodations license after the City Council has revoked, suspended, or not —renewed a license shall be in accordance with this Section. A.A transient accommodation license may b e for up to ninety (90Idy and may, after the period of suspension, be subject to compliancwit the s e Sections 23-2400 through 23-2414 and any c on ditions- imposed by the City Council at the time of susnension B.A transient accommodation license revoked or not renewed by the City C ouncil will not be reinstated or issued until the owner has applied for and secured a new tr an s ient accommodation license and complied with all conditions imposed at the time of revocation or nonrenewal. The City Council m ay 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 decisiQn not to renew a transient accommodation license may take the form QLi. suspension or revocation. C.An application for a new transient accommodation license following the revocation, suspension, nnonreneWal of the license must be accompanied by reinstatement fee, as specified byCiiy Council resolution,in_addition to all oihcr application and related fees. D.The conditions of appro val of any sub se quent application for a license to op erate a transient accommodation on the same property following a period of revocation or denial of renewal of a transient accommodation license shall be based uponthe tr ansient accommodation propertv ?s history of annual calls for service prior to the revocation or non-renewal. E. No subsequent application for a transient accommodation license on the same property following aperio&ofrevpcation or nonrenewal shall be approve d unless the applicant presents a corrective action plan that is approved by the City to licip ensure the conditions and causes of the prio r revo cation or nonrenewal are appropriately addressed. Implementation of, and compliance with, the c o rrective action plan shall be a condition of the licenc. Section 23-2414. VIOLATIONS . ORDINANCE NO. 2016-12 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. Section 4. Effective Date. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this 28th day of November 2016. Mayor ATTEST: 3WO ) City Clerk Date of Publication: December 8 2016 Effective Date: January 7, 2016 (S44keeut indicates matter to be deleted, double underline indicates new matter.) City Council Agenda Item No. 6d [EI]JJ[J I fl V N Dh!A UhYA I ak'A (I] i:wi PUJhYA I TO: Curt Boganey, City Managg FROM: Sharon Knutson, City Clerk DATE: February 7, 2017 SUBJECT: Application and Permit for Temporary On-Sale Liquor License Submitted by St. Aiphonsus Catholic Church, 7025 Halifax Avenue North, for a Social Event to be Held April 29, 2017 Recommendation: It is recommended that the City Council consider approval of the application and permit for a temporary on-sale liquor license submitted by St. Alphonsus Catholic Church, 7025 Halifax Avenue North, for a social event to be held April 29, 2017. Background: St. Alphonsus Catholic Church, 7025 Halifax Avenue North, has submitted an application and permit for a temporary on-sale liquor license for a social event to be held April 29, 2017. The applicant has satisfied the City's requirements, submitted the $25 fee for each day of the license, along with a certificate of coverage for liquor liability insurance, and has existed as a religious organization for at least three years. After Council review, the application and permit will be forwarded to the Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division for approval. City Ordinance Section 11-107 (6) Temporary On-Sale Intoxicating Liquor License. This license may be issued only upon receiving the approval from the Commissioner of Public Safety. The license may be issued only in connection with a social event within the city that is sponsored by a club or charitable, religious, or other nonprofit organization that has existed for at least three years or to a brewer who manufactures fewer than 3,500 barrels of malt liquor in a year. The license may authorize the sale of intoxicating liquor to be consumed on the Premises for not more than three consecutive days, and the City shall issue no more than twelve days' worth of temporary licenses to any one organization or for any one location within a 12-month period. The temporary license may authorize the sale of intoxicating liquor to be consumed on Premises other than Premises the licensee owns or permanently occupies. The temporary license may provide that the licensee may contract for intoxicating liquor catering services with the holder of an On-Sale Intoxicating Liquor License issued by any municipality. Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust TO DAY TEMPORARY ON-SALE LIQUOR LICENSE Name of organization Date organized Tax exempt number Church of St. Alphonsus 11/1/1959 lIES 32045 Address City State Zip Code 1 7025 Halifax Ave N Brooklyn Center IMinnesota 55429 Name of person making application Business phone Home phoneIMichelle Karlson 763-503-3389 Date(s) of event Type of organization14/29/2017 LI Club Charitable Rx Religious Other non-profit Organization officer's name City State Zip Code1Fr. Donald Willard, C.Ss,R.-Pastor I [Brooklyn Center I Minnesota 155429 I Organization officer's name City State Zip CodeIKari Staples-Parish School Principal I Brooklyn Center J FwInnesota 11 55429 I Organization officer's name City State Zip CodeIJohnMaillette-Administrator I 1 13rooklyn Center I Minnesota 1155429 Organization officer's name City State Zip CodeIII IMinnesota Location where permit will be used. If an outdoor area, describe. C.Ss.R. Hall If the applicant will contract for intoxicating liquor service give the name and address of the liquor license providing the service. If the applicant will carry liquor liability insurance please provide the carrier's name and amount of coverage. Catholic Mutual Society of America APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL AND GAMBLING ENFORCEMENT ^IOD0 4 9n Cenec City or County approving the license Date Approved Fee Amount Permit Date Date Fee Paid City or County E-mail Address City or County Phone Number Signature City Clark or County Official Approved Director Alcohol and Gambling Enforcement CLERKS NOTICE: Submit this form to Alcohol and Gambling Enforcement Division 30 days prior to event. ONE SUBMISSION PER EMAIL, APPLICATION ONLY. PLEASE PROVIDE A VALID E-MAIL ADDRESS FOR THE CITY/COUNTY AS ALL TEMPORARY PERMIT APPROVALS WILL BE SENT BACK VIA EMAIL. E-MAIL THE APPLICATION SIGNED BY CITY/COUNTY TO AGE.TEMPORARYAPPLI CATION @STATE.MN.US Certificate of Coverage Date: 1/26/2017 Certificate Holder This Certificate is issued as a matter of information only and schdiocese of St. Paul-Minneapolis confers no rights upon the holder of this certificate. This certificate Chancery Office does not amend, extend or alter the coverage afforded below. 226 Summit Avenue Company Affording CoverageSt. Paul, MN 55102 THE CATHOLIC MUTUAL RELIEF SOCIETY OF AMERICA 10843 OLD MILL RDCovered Location St. Alphonsus Catholic Church & School OMAHA, NE 68154 7025 Halifax Avenue North Brooklyn Center, MN 55429 Coverages This is to certify that the coverages listed below have been issued to the certificate holder named above for the certificate indicated, notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the coverage afforded described herein is subject to all the terms, exclusions and conditions of such coverage. Limits shown may have been reduced by paid claims. Type of Coverage Certificate Number Coverage Effective Date Coverage Expiration Date Limits Property Real & Personal Property D. General Liability Each Occurrence 500,000 General Aggregate Occurrence Claims MadeD 8589 7/1/2016 7/1/2017 Products-Comp/OP Agg Personal & Adv Injury Fire Damage (Ally one fire) Med Exp (Any one person) Excess Liability 8589 7/1/2016 7/1/2017 Each Occurrence 500 ,000 Annual Aggregrate Other Each Occurrence Claims Made Annual Aggregrate Limit/Coverage Description of Operations/Locations/Vehicles/Special Items (tile following language supersedes any other language in this endorsement or the Certificate in conflict with this language) Coverage is verified with regard to covered Location's School Gala Event, to be held on parish/school grounds, April 29, 2017. Includes Liquor Liability. Holder of Certificate Cancellation Should any of the above described coverages be cancelled before the expiration date thereof, the issuing company will endeavor to mail 30 days written notice to the holder of ty of Brooklyn Center certificate named to the left, but failure to mail such notice shall 6301 Shingle Creek Parkway impose no obligation or liability of any kind upon the company, Brooklyn Center, MN 55430 its agents or representatives. 0111009382 Authorized Representative City U AgendaItem No. Ai iEI1BJi[i1 I fl U U Dk'A I'A I aIhY'4 (I) 1'WI IlIJhYA I DATE: February 7, 2017 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: Resolution Approving Change Order No. 1, Improvement No. 2014-05, Contract 14- B, Water Treatment Plant Project Recommendation: It is recommended that the City Council consider approval of the attached resolution authorizing Change Order No. 1 in the amount of $114,727 for Improvement Project No. 2014-05, Contract 14-. B, Water Treatment Plant Project. Background: On September 22,2014, the City Council awarded a Contract to Knutson Construction Services of Minneapolis, Minnesota, to perform construction of a new water treat plant. The project is substantially complete and has been under normal operation since January 2016. However, once we approached the 2016 summer months with a higher water demand, the higher flows caused water to start splashing out of the observation chamber, onto the main lobby floor. After further evaluation by our design engineer, Bolton & Menk, Inc. determined that it was necessary to add an air pressure relief system, chamber overflow, bypass piping and valves to address the issue and provide for additional safeguards from potential flooding and maintenance issues. The attached Change Order No. 1 is recommended to amend the contract to complete additional work needed to provide adequate bypass piping and valving within the observation chamber to complete the project. The Contract time is expected to increase and extend the completion date to June 30, 2017, to complete this additional work. Budget Issues: The attached resolution authorizes Change Order No.1 for the project. The original Contract amount was $18,066,120.50. Change Order No. 1 increases the Contract amount to $18,180,847.50. The total amount of Change Order No. 1 ($114,727.00) represents an increase of 0.6 percent to the original Contract amount. This falls within the contingency amount of $500,000 that was included in the project budget for items of this nature. Also, two additional Contract change orders that are needed to complete the project are currently being evaluated and are expected to be presented to the City Council in the near future for approval as follows: • Change Order No. 2 - HVAC equipment and radon mitigation revisions, estimated to be an additional amount of $120,000 • Change Order No. 3 - Final Contract change order that adjusts final project costs to reflect all prior change orders and contract allowances, estimated to be a net additional approximate $70,000 (in addition to the amounts of Change Order Nos. 1 and 2 above). Mission: Ensuring an attractive, clean, safe, inclusive communiti' that enhances the quality of life for all people and preserves the public trust EI1U[iJ I i I IL1 L'A I Ik'i [I] t1I P1IJh'A I Strategic Priorities: Key Infrastructure Investments ]Wission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING CHANGE ORDER NO. 1, IMPROVEMENT NO. 2014-05, CONTRACT 14-13, WATER TREATMENT PLANT PROJECT WHEREAS, pursuant to a written Contract signed with the City of Brooklyn Center, Minnesota, Knutson Construction Services of Minneapolis, Minnesota, was instructed to complete additional work as itemized on Change Order No. 1 for Improvement No. 2014-05; and WHEREAS, said additional work was not included in the original Contract, but was deemed necessary to properly complete the improvements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Change Order No. 1 in the amount of $114,727.00 for Improvement No. 2014-05 is hereby approved. The revised Contract amount is as follows: Original Contract Amount $18,066,120.50 Change Order No. 1 $ 114,727.00 Revised Contract Amount $18,180,847.50 February 13, 2017 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. SECTION 00991 - CHANGE ORDER (Instructions on reverse side) No. 1 PROJECT: Water Treatment Facilities DATE OF ISSUANCE: February 13, 2017 EFFECTIVE DATE: February 13, 2017 OWNER: City of Brooklyn Center ENGINEER'S Project No.: N21.107570 CONTRACTOR: Knutson Construction ENGINEER: Bolton and Menk, Inc. You are directed to make the following changes in the Contract Documents. Description: Modify the viewing chamber with the addition of a 16" overflow pipe, combination air pressure/vacuum relief disc, bypass piping, and valves per Proposal Request 62. Changes to Contract Times as presented in this change order shall apply only to work described herein. Reason for Change Order: See attached Proposal Request 62 Attachments: (List documents supporting change) Proposal Request 62 Knutson Construction Services, Inc. Change Order Request :PCO 118 PR 62 Viewing Well Modifications CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price I Original Contract Times $18,066,120.50 Net changes from previous Change Orders No. NA to No. NA Contract Price Prior to this Change Order $18,066,120.50 Net Increase of this with all approved Change Orders $18,180,847.50 Substantial Completion :January 12. 2016 Ready for final payment July 14,2016 Net changes from previous Change Orders No. NA to No.NA Contract Times prior to this Change Order Substantial Completion :January 12. 2016 Ready for final payment : July 14, 2016 Net Increase of this Change Order Contract Times with all approved Change Orders Substantial Completion :,June 30. 2017 Ready for final oavment June 30. 2017 RECOMMENDED: By: Engineer uthoried signature) Date: February 2, 2017 APPROVED: By: Owner (Authorized Signature) Date: ACCEPTED: Contractor (Authorized Signature) EJCDC No. 191008-B (1990 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America. N21.107570 - Water Treatment Facilities CHANGE ORDER Brooklyn Center, MN PAGE 0099 1-1 Steve Lillehaug, City of Brooklyn Center Proposal Request Mike Marsh, City of Brooklyn Center Jens Frederickson, Knutson Construction Brian Guldan, Bolton & Menk, Inc. Seth Peterson, Bolton & Menk, Inc. PROJECT: Water Treatment Improvements Brooklyn Center, Minnesota OWNER: City of Brooklyn Center, MN TO: (CONTRACTOR) Knutson Construction 7515 Wayzata Boulevard Minneapolis, MN 55426 PROPOSAL REQUEST NO: 62 DATE: October 12, 2016 ENGINEERS PROJECT NO: N21.107570 CONTRACT DATED: September 8, 2014 Please submit an itemized quotation for changes in the Contract Sum and/or Time incidental to proposed modifications to the Contract Documents described herein. THIS IS NOT A CHANGE ORDER NOR A DIRECTION TO PROCEED WITH THE WORK DESCRIBED HEREIN. Description: Modify the process piping in the viewing chamber as shown on the attached sheet 1. Work to include the following; - Reinstall existing stainless steel pipe at revised elevation with new 30" diameter stainless steel plate. - Provide 16" overflow pipe into west clearwell. - Modify process piping and provide three additional butterfly valves for viewing chamber bypass. Butterfly vales to be narrow body or wide body as shown on the plan. - Paint all piping (including stainless steel piping) prior to installation per the specifications. Top 12" of inside of 24" stainless steel pipe shall also be painted. - Provide touchup painting and painting of bolts and anchor rods after installation. - Clean and repaint walls of viewing chamber for existing painted surfaces (interior and exterior). - Install 6" stainless steel vent with rupture disc. - Provide additional soft gasketing at dome to ensure air tight seal. - Secure dome to viewing chamber wall with fourteen (14) stainless steel toggle clamps, Model Destaco 331 -SS or equal at existing anchor holes in dome frame. - Chlorinate and bacteria test viewing chamber and west clearwell per AWWA standards. Attachments: Sheet 1 dated 10-11-16 ENGINEER: Brian J. Guldan, P.E. DATE: October 12, 2016 OLLa It (0 C)N O (UC C(Ua-C(U ._(UE0) (U(U 3-(Uc') 0 (U J-2 0 E (U (I) (U = Cc . •0) 2CO 0 CO 0C.)( UC U)a)C.) ci)U) C0 C) I-.4-.U)C0C.) C0 C ccccccccccccccccooOcc cc cc cc cc cc cc cc cc cc cc cccc 0ddddddddddd(Ud00ON100) 0N O(U CO gQ(U CL CQ CL -t2LJc-c -Ec (fl! cccc 00ON (U_100)CO (U_O (U. cc (U (U Cl) (I) cc .0-=.)i 00 cc cc cc cc00 00 cc cc.2ddddd0 LOccc-N NN- goi Cci)- (00)- (U (UCUcctoON-01 ME .0(U(U-.ciccccccoocc000000 000 0000 ccd.2dddddd CiddC) LO -toto toN .2 o (1)0)0)0) (0(0J .-J _J _F (U o 0000 00o.co_o 0cc(U 5. U)(UE0000 0001000 toNto 'IT to (0 *.)9 000 00000 00 000000000 00 0 co 0 1))) 00000 to 0(0 ) CO. 0 .2dddddddd dd °cccccoLocct coo N- 0 N N- (0 Ci)'tN-OIO CON(OloACO C') N- (0 CO N-N- LI) C') N co t LI) ('4 CON to naII=II I 000000 00000000 00 00 1001001 N-N-N-N-N-CO N-v LCidd -J_JIIIIII-JII -(000OD (U <0)00W Li-OI -----J (0 x 0- I)N C -o (.)C 16 0LO(U0 (U>(U>02!O00C (U - Xx.E E5 E(Ua(Uca.9 cQ_1) l*(U (Uon w .0 002ooSocctica incu flflonE 0 s (U j a- c C (I) ()420 cu Ncr - (uEW0)0)0)0 LL (0 0(1)0 NCO'10(0N-CO0) (.4 fl- Iq 4-a U) ci) 4-. 0 I- City Council Agenda Item N©0 6f DATE: February 13, 2017 TO: Curt Boganey, City Manag FROM: Jesse Anderson, Deputy Director of Building and Community Standards SUBJECT: Resolution Calling for a Public Hearing on Proposed Special Assessments for Diseased Tree Removal Costs and Delinquent Weed Removal Costs Recommendation: It is recommended that the City Council consider approval of the resolution ordering a Public Hearing for Monday, March 13, 2017 at 7 p.m. or as soon thereafter as the matter may be heard, to hear and pass upon any objections to the proposed special assessments for diseased tree removal costs and delinquent weed removal accounts. Background: The attached resolution calls for a Public Hearing to receive public testimony and comments regarding the proposed special assessments for diseased tree removal and weed removal accounts. The special assessment amounts are specified in the attached preliminary assessment rolls. o All trees have been declared a public nuisance in past City Council resolutions, and the trees have been removed by the City's tree contractor in accordance with established policy. Property owners with delinquent accounts for weed destruction have received notice of delinquent accounts in accordance with the established collection policy, and payments have not been made. At the scheduled Public Hearing, the City Council will consider adoption of the resolution to certify the special assessment levy rolls with Hennepin County. The 2017 interest rate for special assessments is 3.5 percent, as previously established by the Council. A copy of the special assessment pending levy roll is attached. Budget Issues: The proposed levy roll for diseased tree removal totals $18,614.00. The proposed levy roll for delinquent weed removal costs totals $19,405.00. An updated levy roll will be provided at the Public Hearing to reflect any additional payments made on these accounts. Strategic Priorities: Enhanced Community Image Mission: Ensuring an attractive, clean, safe co,nmwzity that enhances the quality of life aiid preserves the public trust lESlihYil I I IkY4 U, I kV'A (IS] 1WI IIIJIYA I Attachments: - Resolution - Notice of Public Hearing for publication - Proposed levy roll Iflssion: Ensuring an attractive, clean, safe comma it that enhances the quality qV 'life am! preserves the public trust Member introduced the following resolution and moves its adoption: RESOLUTION NO. RESOLUTION CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS AND DELINQUENT WEED REMOVAL COSTS. WHEREAS, the City performs and incurs costs for certain neighborhood maintenance services to protect public health, safety and welfare; and WHEREAS, Minnesota Statutes Chapter 429, provides for a Public Hearing process to recover the costs through special assessments; and WHEREAS, the City has performed neighborhood maintenance services, billed the property owners, and has not been reimbursed by certain property owners; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that: 1.A hearing shall be held on the 13th day of March, 2017, in City Hall at 7 p.m. or as soon thereafter as the matter may be heard, to pass upon the proposed assessments for the following charges: • Diseased Tree Removal Costs • Delinquent Weed Removal Costs 2.The City Clerk with the assistance of the Director of Building and Community Standards shall forthwith prepare assessment rolls for the above charges, and shall keep them on file and open to inspection by any interested persons. 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. 4.The City Clerk shall cause mailed notice to be given to the owner of each parcel described in such assessment rolls not less than two weeks prior to the hearing. BE IT FURTHER RESOLVED BY THE City Council of the City of Brooklyn Center that this resolution shall be effective immediately. February 13, 2017 Date Mayor RESOLUTION NO. ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER NOTICE OF PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS Notice is hereby given that the City Council of the City of Brooklyn Center, Minnesota, will meet in the Council Chambers of Brooklyn Center City Hall at 6301 Shingle Creek Parkway, on Monday, March 13, 2017 at 7 p.m. or as soon thereafter as the matter may be heard, to hear and pass upon any objections to the proposed assessments for the following: DISEASED TREE REMOVAL COSTS It is proposed to assess the cost of diseased tree removal to those tracts or parcels where trees were removed by written agreement with the property owner or by order of the City Council pursuant to City Ordinances, Section 20-301 through 20-305 and in accordance with MS 429. DELINQUENT WEED REMOVAL ACCOUNTS It is proposed to assess the cost of noxious weed destruction to those tracts or parcels where, pursuant to City Ordinance Section 19-1601 through 19-1604 and in accordance with MS 429, noxious weeds were destroyed by order of the City Weed Inspector and the cost for such destruction remains unpaid. PROCEDURAL INFORMATION FOR OBJECTIONS TO SPECIAL ASSESSMENTS An owner may appeal an assessment to district court pursuant to Minnesota Statutes, Section 429.081 by serving notice of the appeal upon the Mayor or City Clerk within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the Mayor or City Clerk. No such appeal as to the amount of an assessment for a specific parcel of land may be made unless the owner has filed a written objection to that objection to that assessment, signed by the affected property owner, with the City Clerk prior to the hearing or has presented such a written objection to the presiding officer at the hearing. These assessments are now on file at City Hall and open to public inspection. Written or oral objections to the proposed assessments will be considered at this meeting, but the City Council may consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. AUXILIARY AIDS AVAILABLE UPON REQUEST Auxiliary aids for persons with disabilities are available upon request at least 96 hours (4 days) in advance of the hearing. Please contact the City Clerk at 763-569-3300 to make arrangements. Sharon Knutson, City Clerk By order of the City Council Amended Special Assessment Certified Roll (Trees) 2016 Tree Removal Tree Removal Printed February 03. 2017 Municipal Code No 22 Levy Runs Five Years Capital Special Pending Interest Assessment Amount Levy No.PropertvAddre.ss Property U)Amount Charge Charge Certified 19597 6018AlthichAveN 01-118-21-21-0074 300.00 30.00 30.00 360.00 19597 S7l2 Girard AveN 01-118-21-23-0016 325.00 30.00 30.00 385.00 19597 5800DupontAveN 01-118-21-24-0025 800.00 30.00 30.00 860.00 19597 81657thAveN 01-118-21-24-0066 585.00 30.00 30.00 645.00 19597 565oDuporitAveN 01-1i8-21-31-0016 3,850.00 30.00 30.00 3,910.00 19597 5631 HillsyiewRd 02-118-21-31-0002 450.00 30.00 30.00 510.00 19597 SSl3Halifax Ave N 03-118-21-24-0102 350.00 30.00 30.00 410.00 19597 5207 Ewing Ave N 10-118-21-12-0062 285.00 30.00 30.00 345.00 19597 7241 Fremont AveN 25-119-21-32-0011 1,000.00 30.00 30.00 1,060.00 19597 7215 Fremont Ave N 25-119-21-32-0014 3,250.00 30.00 30.00 3,310.00 19597 400171stAveN 27-119-21-34-0023 2,650.00 30.00 30.00 2,710.00 19597 6407 MsrlinDr 34-119-21-31-0072 745.00 30.00 30.00 805.00 19597 6218MajorAveN 34-119-21-33-0060 2,650.00 30.00 30.00 2,210.00 19597 6820 ShingleCreel:Pkwy 35-119-21-12-0002 250.00 30.00 30.00 3100 19597 6120LilcDrN 36-119-21-33-0014 224.00 30.00 30.00 284.00 Total:18,614.00 1Eided Spe ssmnt CerñEd Roll (l\e&) 2016 WedRioai edDsiacon PtedFbruiy03, 2017 MuBkiil Code No. 22 Ly Rums One Year Pe mdEmp Anon1 LvN.Prøp,tcAddr ProirrvtD Ch-e Cci1ifii1 BINS 603 1 Cbm d zn Ar r, N 0I-3I-21-324335 2-GCJ I O.Co 3O 20O0 19-5n W3 7 Colfax Aa, o N 0]-1-2-23-031]536.3 30.00 30D0 191 AL1ichA,sN i]-ll-2]-2l-GM 29.00 mOO 3iOO 325.0 1 u SITS 6xn Br ant ArM 01-3I-21-23-OD7 20.CO mD.00 30:00 230.00 19291 6034GErrdAiN 0]-31-2]-22-O271 100.00 30.00 30:00 140.00 19,193 3i3F.ontAN 0]-fl-23f035 251.75 30.01)30.00 291.23 1959S 511)7 rciAiN 01-31-21-23-6073 100.00 3U0 30.00 140.00 191918 836 57thArp N 0]-3l-2F-24-606 312&73 10.01)30.00 1959 5S4A±ichA-N 01-2i-24-1)072 313.75 30L00 30.011 35&75 1939S 3424 15thxN -21-21-32--0059 10000 30.00 30:110 110.110 IMS,M41Diz,:N 03-318-21-33-0,17 240.00 10.00 30:110 230.00 1959 33Enr1N 0]-3l2]-31-013i 1016.25 30.04)301)11 16,5913 93 9 Ymanem Aiv N 01-118-21-334134 101104)30.04)301)11 140.1111 195 93 5432 Dupe 0]-31-21-51-0391 351.25 10,00 301)0 391.23 $S]4 CAM 03-31-2342-X'32 100.00 20.04)30:110 140.00 1919 5-14146 St 0]-3l-2143-0291 731.23 30.00 301)0 771.25 19598 3124LmAcN 02-2l-21-1l-0]05 1DCCIO 10.00 301)0 140.00 1919 532AiN 02-31&-23-214228 251.23 101042 301)0 291.25 1919 5542 Ar 4 02-3l&-2]41-0231 1011.00 10.042 31.110 140.011 1919 2106 3ñccm.Dr 0-il-2]42-0]01 331.23 30,042 30:110 39125 19591 3307 HunbthrN 02-IU-2144-0033 100.00 30.042 30.1111 140.011 19159S 5329 A'-N 02-113-23--4-4-0049 731.25 10.04)30.1111 771.25 19293 233 1A -N 02-113-2 3-44-0099 100.042 30.00 30.1111 140.110 19193 313313a1iiSxN 03-313-23-24-0005 100.042 30.04)30.00 140.00 1919 IAN 03-113-25-241)115 1000 111.04)301)11 140.01] 193913 20C'D OthN 25-319-214-0097 51173 10.042 30:1111 153,75 19193 7131 nAvN 27-119-21-33-0003 240.00 311.042 30.00 230.00 19193 73125 n'xN 21-i19-2i-3 103 430.04)30.00 30.110 520.00 19193 6411&c&lytLBIva 27-119-21-31-0102 1110.042 30.00 301)0 140.00 19193 Ti07P!rL124DrW 27-19-234)4)06 491.25 311140 30:00 531.25 19193 370? UrbP,r;27-119-2143-0083 251.25 10.01)301)0 29125 19198 601)6 PcrtyAvN 33-219-21-31-0015 31116.25 10.042 301)0 105623 19193 6340 QuiLArN 13-119-2343-0095 240.00 10.04)301)11 230.00 19593 3036 QuthiRd 34-219-25-34-0031 592.50 111,01)30:110 632.53 19193 60701IiDT 34-119-21-324272 3,800.00 I D. CIG 30:110 1840.03 19193 lao 34-319-23-324)05 285.04)30.042 30.00 321.00 19593 KylAva 34-219-21-324)32 240.00 10.042 30.00 200.00 19593 62171jothN 34319-21-33-0053 273.75 30.042 30:04)313.73 19593 35425 Thnt1 34-119-21-34-0013 1UC00 10.00 30.011 140.1)0 19593 3313 Taniat!''m 30.042 301)0 210.00 19193 6325IccN 34-219-2143-0034 273.73 10.00 30:011 31175 19193 3213 63rdA 34-119-2144-0)11 251.23 30.00 30:110 291.25 19193 3238 62n,dN 34-219-2241-0053 513.73 111.00 30:011 553.73 19193 64)1 B c.117n r7 15-219-21-32-0009 29&2 5 30.04)30.011 336.25 C i ty If ftn}n Crr dc -1r.ii L& Pft1 £13 I Amended 2016 WedRi1 W9e4 Des iuction Printed Febru2xy Cr3,20r7 Ifimidpal Ce No. 22 Levy Runs One Year civ i spfrw Tti _h.t Aenrn Au1 Levy Na.PrDpertv Addre Aant icl arp Chre Cri5i'd 195 i6thAvN 1000 ]LG 3'.D 639 &lytiTh 3O.CO 33.00 14:D1 19!8 116 lkTq 3-11-21-24-OJ1 10CTh3 30. 09 Cftx -Ax N 319-2-34'1?10.00 300 32i0 114 GirznfATqW 319-23341 3L0 14.i3 1919,13 620LthDrN 31-3-01 41.2 5 ]D.30:DD J31.25 IMIS 193UCdA1,H 31-2142-X'2D 100.0 1 B.Co 303 14 6309 L3maalg Avo N 36-119-2 43-'23 iUiMi I OM 30.E 14 TD].ID5JG Citt a friLI1n Ctr. - M:I: 'ifl.j -TriiuIi, Cir W4 £Slij) City Council Agenda Item No, 6g iflJ[.J I fl I N k7A U I DVk (I] 1I IlIJk'A I DATE: January 27, 2017 TO: Curt Boganey, City Manag FROM: Tim Gannon, Chief of Police -i SUBJECT: Memorandum of Understanding is made and entered into by the Brooklyn Center Police Department and National American University. Recommendation: It is recommended that the City Council consider adoption on behalf of its Police Department to work cooperatively with National American University, which has a local campus located in the City of Brooklyn Center. This cooperative agreement allows for data sharing between both entities for increased efficiencies and effectiveness when investigative sexual assault or harassment allegations as mandated by law. Background: The Minnesota Legislature passed legislation, Minn. Stat. § 135A.15, 2015 Minn. Laws, Ch. 69, Art. 4, Sec. 2, addressing campus sexual assault that, among other things, requires post- secondary institutions and local law enforcement agencies to enter into a memorandum of understanding that delineates responsibilities and requires certain information sharing, in accordance with applicable state and federal privacy laws, about certain crimes. The legislation also requires that local law enforcement agencies cooperate with post-secondary institutions by entering into and honoring the memoranda of understanding required by the new legislation, Minn. Stat. § 626.891, 2015 Minn. Laws, Ch. 69, Art. 4, Sec, 3; Budget Issues: No budgetary impact. Strategic Priorities: Community Image Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into effective December 31, 2016, by and between the City of Brooklyn Center, a Minnesota municipal corporation (the "City"), and National American University, 5301 S Hwy 16 #200, Rapid City, SD 57701 (the "University"). The City and the University may hereinafter be referred to individually as a "party" or collectively as the "parties." WHEREAS, the University has a campus located at 6200 Shingle Creek Parkway within the City; WHEREAS, the Brooklyn Center Police Department (the "Police Department") is the primary law enforcement agency for the City; WHEREAS, the Minnesota Legislature passed legislation, Minn. Stat. § 13 5A. 15, 2015 Minn. Laws, Ch. 69, Art. 4, Sec. 2, addressing campus sexual assault that, among other things, requires post-secondary institutions and local law enforcement agencies to enter into a memorandum of understanding that delineates responsibilities and requires certain information sharing, in accordance with applicable state and federal privacy laws, about certain crimes; WHEREAS, the legislation also requires that local law enforcement agencies cooperate with post-secondary institutions by entering into and honoring the memoranda of understanding required by the new legislation, Minn. Stat. § 626.891, 2015 Minn. Laws, Ch. 69, Art. 4, Sec. 3; WHEREAS, the procedures and practices required under Minn. Stat. § 13 5A. 15 are to be provided to both University employees and students who are victims of sexual harassment or sexual violence; WHEREAS, the University has an administrator that serves as the Title IX Coordinator and is responsible for investigating complaints of discrimination and sexual harassment, which includes sexual assault, domestic violence, dating violence and stalking; WHEREAS, the City and the University agree that crime occurring on campus and in certain areas off campus is a serious problem that warrants the parties' continued cooperation, collaboration, and communication, to the extent allowable under law, and further agree to assist crime victims and ensure appropriate prosecution of responsible persons when a crime affecting a University student or employee occurs in the City; WHEREAS, in recognition of the University's obligations under federal law and acknowledgment that the City may, but is not legally required to, provide information to the University, the purpose of this MOU is to acknowledge shared interests between the City and the University and to promote and maintain a continued, harmonious working relationship and cooperative effort between the parties. It is not intended to make one entity responsible or liable for the actions or omissions of any personnel from the other entity, and any such liability or responsibility is expressly denied by the parties; and 4928042 TJG BR291-20 WHEREAS, the parties desire to comply, by entering into this MOU, with their respective obligations under Minn. Stat. § 135A.15 and 626.891 and to further clarify how the parties may cooperate in the future in certain circumstances as more fully described herein. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties agree as follows: Sexual Assault and Other Forms of Sexual Violence. As set forth herein, the parties agree to confer and cooperate, to the extent permitted by law, regarding incidents of sexual violence involving a University employee, student-victim or student-suspect. For purposes of this MOU sexual violence means a continuum of conduct that includes sexual assault, sexual battery, dating and relationship violence, stalking, as well as aiding acts of sexual violence. Nothing in this MOU shall be construed as requiring the Police Department to share information with the University if the Police Department reasonably believes that doing so would jeopardize its criminal investigation. a.The University and the Police Department will communicate regularly during their respective investigations, to the extent permitted by law. The parties recognize the need to balance the interests of the criminal process and the University's obligations under state and federal law. b.If necessary to prevent interference with its criminal investigation, the Police Department will provide the University a report of sexual violence involving a University employee-victim or student-victim. The Police Department will provide the University with the victim's name and basic information about the incident upon the written consent of the victim(s). In some cases, the University may need to take immediate interim action to protect the victim(s) and keep the campus safe. However, upon the Police Department's request, the University will delay taking action to the extent reasonably possible to prevent interference with the criminal investigation. Upon such notice by the Police Department, the University will limit information regarding the incident to only those administrative units with a need to know to protect the campus community. In such cases, the Police Department will notify the University when it has completed its initial investigation and notification to the parties by the University will not interfere with the criminal investigation. c.When the University receives a report of sexual violence, it will inform the victim of its coordination with the Police Department and will make the victim aware of the victim's right to make a criminal report, if the victim desires. If the victim requests, the University will coordinate and assist the victim in contacting the Police Department. d.The University will provide the Police Department with copies of its policies, procedures, and other materials regarding the University's administrative complaint process, protective measures, campus resources, and information 2 4928042 TJG BR291-20 provided to victims regarding preservation of evidence. The Police Department agrees that its investigators will strive to provide this information to the University employee-victims and student-victims interviewed in cases involving sexual violence. e. Upon request, the parties will provide one another with information and records to the extent allowed or required by law and in accordance with applicable policies. 2. Domestic Violence and Stalking. The University agrees to provide the Police Department information (e.g., office name and contact information) about campus resources for victims of domestic violence and/or stalking. The Police Department agrees that its investigators will strive to provide this information to University employee-victims and student-victims as appropriate. Collection of Crime Statistics. The University is required by federal law to collect and publish statistics for reports of certain crimes, including crimes that occur on and around campus. As part of that obligation, the University must request crime statistics from the Police Department annually. The Police Department agrees to cooperate with the University and undertake reasonable efforts to respond to the University's request for crime statistics. 4. Emergency Notification and Crime Alerts. a.The parties acknowledge that the University is required by federal law to have an emergency notification process to alert the campus community about significant emergencies or dangerous situations that pose an immediate threat to the health or safety of students or employees occurring on campus. The University is also required by federal law to issue timely warnings to alert the campus community about crimes that pose a serious or continuing threat to safety when a crime is ongoing or may be repeated. b.If the Police Department is aware of a significant emergency, dangerous situation, or ongoing crime that poses an immediate threat to the health and safety of the University's students, faculty or staff, the Police Department may notify the University so that the University can determine whether an emergency notification or timely warning should be issued by the University. 5. Training. The parties agree to collaborate to provide education and training opportunities of interest to the parties. Specific education and training opportunities will be separately agreed to by the parties, and may include the following. a. The parties agree to share information about education and training opportunities that may be of interest to the other party and to share information from training sessions of mutual interest. 4928042 TJO BR291-20 b.The University agrees to provide training to Police Department personnel regarding the University's obligations under federal law, including Title IX, to respond to incidents of sexual violence involving members of the University community. This training may include information about University policies and procedures, the differences between the University's administrative process and the criminal process, University resources, and other information that would be of value to the Police Department. c.The Police Department agrees to provide training to University employees, including those with responsibility for investigating and responding to matters of sexual violence and those providing support services to parties involved in matters of sexual violence, on agreed upon topics such as preservation of evidence. d. Upon mutual agreement by the representatives of the parties who are coordinating an education or training program, the parties may extend invitations to community partners to participate in the program. 6. Periodic Meetings. The parties agree to meet annually as agreed to by the parties at agreed upon times, or as otherwise agreed to by the parties, to discuss matters relating to this MOU, including: a.Critically evaluate and discuss the effectiveness of the cooperation of the parties pursuant to this MOU and identify areas for improvement; b.Review and confirm the accuracy of the information contained on materials (such as the information sheet and victim resource card) handed out pursuant to this MOU; and c. Discuss any other matters of importance to the parties. 7. Term. This MOU is effective on December, 31, 2016 and shall remain in effect until December 31, 2019. This MOU shall automatically renew for subsequent two-year terms unless it is terminated earlier as provided herein. The parties shall endeavor to examine this MOU as the end of each two-year term to ensure compatibility and effectiveness with any changes in laws, policies, or circumstances. 8.Termination. Either party to this MOU may terminate it upon 30 days' prior written notice without necessity of demonstrating cause; provided, however, that either party may terminate this MOU immediately upon written notice to the other party in the event that such action is necessary for significant health or safety issues or to comply with applicable law. 9.Modification. This MOU may be modified only in a writing signed by both parties. 4 492804v2 TJO BR291-20 10. Severability. If any provision of this MOU is held by a court of competent jurisdiction to be illegal or unenforceable, the remaining provisions of this MOU shall not be affected and shall be read as if this MOU did not contain the particular provision held to be invalid, unless to do so would contravene the present valid and legal intent of the parties. 11 Assignment. Neither party may assign nor transfer any rights or obligations under this MOU without the prior written consent of the other party. 12.Liability. Each party is responsible for its own acts and behavior and the results thereof. The University's liability is governed by the Minnesota Tort Claims Act, Minn. Stat. § 3.736, and other applicable law, and the City's liability is governed by Minn. Stat., Chap. 466 and other applicable law. Nothing herein shall be construed as either party waiving any exemptions from, or limitations on, liability available to either of them under law. 13.No Third Party Beneficiary. This MOU is not intended to benefit any third party, nor shall any person who is not now or in the future a party hereto be entitled to enforce any of the rights or obligations of a party under this MOU. 14.Government Data Practices Act. The parties are required to comply with the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13, as it applies to this MOU. 15.Applicable Law. This MOU shall be governed and interpreted in accordance with the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding effective as of December 31, 2016. CITY OF BROOKLYN CENTER NATIONAL AMERICAN UNIVERSITY By: Mayor Its: Manager 4928042 TJG BR291-20 City Council Agenda Item No. 8a COUNC]IIL ifEM MEMORANDUM DATE: February 8, 2017 TO: Curt Boganey, City Mane FROM: Jesse Anderson, Deputy Director of Building and Community Standards/HRA Specialist SUBJECT: Public Hearing Regarding Proposed Use of 2017 Community Development Block Grant Funds Recommendation. It is recommended that the City Council conduct the Public Hearing and accept input from the public regarding Use of Funds for 2017 Urban Hennepin County Community Development Block Grant Program. Staff requests direction from the Council regarding allocation of the CDBG funds. Based on the feedback, staff will prepare resolutions for approval at the February 27, 2017 City Council Meeting. Background: Brooklyn Center is one of 40 Hennepin County cities participating in the Urban Hennepin County Community Development Block Grant (CDBG) program. With the CDBG program, federal dollars from the Department of Housing and Urban Development (BUD) are awarded to Hennepin County and are allocated to participating cities on a formula basis. Therefore, the City of Brooklyn Center is considered a Subrecipient of CDBG funding. This Public Hearing meets the requirements of the Hennepin County Citizen Participation Plan and HUD requirements. CDBG Statutory and Administrative Requirements Federal CDBG Statutory Requirements The federal authorizing statute for the CDBG program requires that each funded CDBG activity meet one of three national objectives: 1.Benefiting low income persons 2.Preventing or eliminating slums and/or blight Meeting urgent community needs. The federal law also specifies that each recipient receiving funds must insure at least 70 percent of the CDBG expenditures during the program year be used for activities benefiting low and/or very low income persons. Each city must meet this requirement at the local level. We do not yet know the exact amount of CDBG allocation for 2017. Therefore, we have been advised to use the following estimate of $255,616 for the allocation amount in 2017. However, this allocation amount could be adjusted. Based on this amount, $178,932 of the total allocation must be expended on programs and services directly benefiting low to moderate income persons in order to meet the 70 percent requirement. Moderate income is defined as persons with 80 Mission: E;zsii;iig an (Ittlactive, clean, safe community tl!(mt enhances the quality of life aiidpieseii'es the public trust percent of the median household income in the Minneapolis/St. Paul metropolitan area as defined by HUD. Currently, the 80% median household income level is $46,000 for one person and $65,700 for a family of four. If a city chooses to allocate CDBG funds to eligible public service activities, the amount is limited to a maximum of 15% of CDBG funding. A city is not obligated to provide any funding to public service agencies. Hennepin County Administrative Requirements for Public Service Activities Pursuant to federal program requirements, each city receiving a CDBG allocation from the Urban Hennepin County CDBG program is limited to a 15% cap on public service projects if the city chooses to allocate funds to public service agencies. Based on the estimated allocation for 2017, the maximum amount of CDBG funds that can be allocated to public service activities is $38,342, which is 15% of the City's 2017 CDBG allocation. Other guidance provided by Hennepin County for the disbursement of CDBG funds follows: o It is recommended by Hennepin County that no more than three public service activities should be undertaken in each city receiving CDBG funds. o The City has the flexibility to use up to 15 percent of their CDBG allocation to fund eligible, priority public services. Any public services not previously funded must be new services or a substantial increase in a service. The CDBG funds are not intended to replace other funds. Each Public Service activity should have a budget of at least $7,500. If funds are committed by other cities to carry out a single activity of mutual interest, this limit may not apply. CEAP, H.O.M.E. Program (Senior Community Services), Avenues for Homeless Youth, and HOMELine are considered multi-city activities or county-wide activities at this time. o CDBG activities must address a high priority need according to the County's Consolidated Plan for affordable housing, community development, and human services. Cities funding activities that are not high priorities under the consolidated plan must explain why the project is needed in their city. The H.O.M.E. Program (Senior Community Services), Meal on Wheels (CEAP), the Tenant Advocacy Program (HOMELine), Brooklyn Avenues (Avenues for Homeless Youth), Food and Nutrition Services (CAPT USA), and Student after School Counseling and Activities (Brooklyn Center Timber bay/Youth Investment Foundation) are categorized as public service projects. The CDBG Funding History Chart, Appendix 1, shows the City's funding allocation for CDBG funds from the years 2003-2016. Mission: Ensuring an attractive, clean, safe coiinnuiiity 111(11 enhances the quality of life and preserves the public trust [EI1O[iJ I fl I I 3k!A U!A I ak'A (1] 1I I1UA1 2017 CDBG Applicants The following agencies submitted for CDBG Public Service Agency activities/program funding. Household outside Maintenance for the Elderly (H.O.M.E.) (Senior Community Services), 2017 request is $9,000 to continue the H.O.M.E. Program in Brooklyn Center. The proposal anticipates serving 80 seniors. The cost per person in 2016 was $93.20. Details of Senior Community Services H.O.M.E. Program are provided in their attached "2017 CDBG Request for Funding" form. This program has been part of the City's CDBG program for 22 years. Meal on Wheels (CEAP) 2017 request is $15,000 to continue the Meals on Wheels Program in Brooklyn Center. The proposal anticipates serving 120 seniors. The cost per person in 2016 was $630.5. Details on the CEAP Meals on Wheels are provided in their attached "2017 CDBG Request for Funding" form. This program has been part of the City's CDBG program for 17 years. Tenant Advocacy Services (HOME Line) 2017 request is $8,038 to provide funding for HOMELine's Tenant Advocacy Services Program. The proposal anticipates serving 488 residents. The cost per household in 2016 was $41.22. Details on HOMELine's request are provided in their attached "2017 CDBG Request for Funding" form. This program has been part of the City's CDBG program for 9 years. Brooklyn Avenues (Avenues for Homeless Youth), 2017 request is $10,000 to fund Shelter and transitional housing programs with support services serving homeless youth in the northwest suburbs. The proposal anticipates serving over 100 youth. The cost per person in 2016 was $7,870.97. Details of Avenues for Homeless Youth request for funding are provided in their attached "2017 CDBG Request for Funding" form. This program has been part of the City's CDBG program for 3 years. Student after School Counseling and Activities (Brooklyn Center Timber bay/Youth Investment Foundation), 2017 request is $29,850 to fund an after school counseling and activities program at Brooklyn Center Secondary Schools. The proposal anticipates serving 215 youth. The cost per person in 2016 was $630. Details of Brooklyn Center Timber bay/Youth Investment Foundations request are provided in their attached "2017 CDBG Request for Funding" form. This program has been part of the City's CDBG program for 1 year. Food and Nutrition Services (CAP! USA), 2017 request is $3,684 to fund Asian Fresh Produce Distribution activity. The proposal anticipates serving 100 households (474 individuals). Details of CAPT USA's request are provided in their attached "2017 CDBG Request for Funding" form. CAPT USA has not received previous funding from the City's CDBG program. CAPT has received funds from the consolidated pool of CDBG funds in other cities for Job readiness training and are considered a multi cities agency. Therefore they may receive funding below the $7,500 recommendation. Mission: E,zsiiring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCI{L ]ITI'AM MIAMORNDUM The following programs are proposed to receive CDBG funding categorized asNon-Public Service Projects. City of Brooklyn Center Neighborhood Stabilization] Code Enforcement Program 2017 request is $150,000 to address foreclosed and vacant properties and arrest the decline of neighborhoods in the City. This program provides services throughout the city, including all low and moderate income levels. Details on the CDBG Code Enforcement activity are provided in the attached "2017 Request for Funding" form. This would be the 8 '1' year of funding for the neighborhood stabilization code enforcement activity. Home Rehabilitation Program (Rehabilitation of Private Property) If the Neighborhood Stabilization/City Code Enforcement Program is approved and the maximum public service amount of 15% is awarded to any or all of the public service requests, there would be $67,274 available to allocate to this program from the 2017 preliminary CDBG allocation. This amount would be used to address emergency items such as furnace replacement, water and sewer service repair, etc. for individual properties. The Home Rehabilitation program has been part of the City's CDBG program since CDBG was first created in the mid 1970's. Public Hearing The attached Public Hearing notice was published in the January 19, 2017 edition of the Brooklyn Center Sun Post newspaper. Hennepin County requires a Public Hearing be held regarding the use of CDBG funds. Further, the 2017 CDBG programs must be submitted to Hennepin County by February 28, 2017. Funding for the 2017 CDBG program would be made available by July 1, 2017 and CDBG funds must be spent no later than July 1, 2018. Representatives of the public service agencies that applied for CDBG funding have been notified of the Public Hearing. Options for 2017 CD-BG Allocations The total preliminary 2017 City Allocation for Public Service Agencies for CDBG Program Year 2017 (July 1, 2017 through December 31, 2017) is $38,342. There are inadequate CDBG funds to accommodate the total number of requests the City has received for Public Service Agencies. Therefore, staff has prepared two options for consideration for CDBG Program Year 2017. After Council feedback, a resolution will be prepared for the February 27, 2017 City Council meeting. Option I Option 2 CDBG Activity Requested Amount (Similar to last (Minimum/Evan year rates)distribution) Public Services ($38,342Max) H.O.M.E. Program (Senior $9,000 $7,668 $6835 Community Services) Meats on Wheels (CEAP)$15,000 $7,668 $6835 Mission: E,zsiiiing au attractive, clean, Safe coininhinitj' that enhances the quality of life and preserves the public trust [EI]JJI1 I U V U MYA U'A I Mk!1 (I) t1I WA'A I Budget Issues: CDBG funds are federal dollars. Strategic Priorities: Enhanced Community Image Attachments: Funding History Hennepin County CDBG Fund Memo Affidavit of Publication of Public Hearing Notice H.O.M.E. Program (Senior Community Services) Application Meal on Wheels (CEAP) Application Tenant Advocacy Program (HOME line) Application Brooklyn Avenues (Avenues for Homeless Youth) Application After School Counseling (Timber Bay) Application Food and Nutrition Services (CAPT USA) Application Neighborhood Stabilization/Code Enforcement Request for Funding Mission: Ensuriig an attractive, clean, safe community liz at en/i an ces the qualify of life aiid preserves the public trust 0 L9) cM Fo ri L © © E © EE©OF C)q C) C)G)cl) C) C).- .000 LU (1) I- N- 0) C) C) C) 0 C) C) C) C) C) C cc cc C) C) C) C) C) C) C) — 0. C) C) 0.) 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This is the only notice your organization will ceive from Henne.pin Counts' regarding the funding request process f the Conununity Development Block Grant (CDBG) prognun. The deadlin,. fur fnncing requests is 4:00pm on Friday. February 24, 2017. Please schedule your public lieathig accordingly in order to meet this deadline. Please forward this information to other staff within your organization as applicable. The following items are being sent as attachments: * Preliminary Estimated Allocation by City Request for Funding FCIrLIiS • Sample Notice of Public. Hearing * Sample. Resolution • Prioiity Needs 2015-2019 Consolidated Plan Map of Low/Mod Block Groups Current Income Limits GENERAL UPDATE 1.HUt) cortinues to piaoe emphasis on the ability of awardees to expend CDBG fimds in a th uelyn mne1etenuiOfCDBGAemdh1t5JulY 1,2017 to june 30, 2018. Projects receiving 2017 CDBG funds will be expected to he completed within that time frame. 2.The County has not yet received notification of its 2017 CDBGgnnt amount. The attached preliniinarv allocation estimates should be used for pliuuiing purposes. ]?iease be advised that cities will be asked for revised lkcatiosi budgets once notice of the actual 2017 CDDG grant amount is receized from HUD. Henneph Count,yCommun 'tY Works 71 Fourth Axrue 5. Sui5 4CO3 Mipr. 11 S1S CONS OLE DATED PLAN: FUNDING PPJORITY ACT WITIES Eli1D1e. activities include cjisitioa of propalrt'. rthal litation of e:.isting housing. construction of public facilities and infra-,-t cture publicrcices, code enforcement, demolition, clean-up of brownñelds fair housing servic.s and clown payment assistance for first-tinae ho iebuyers. Use of CDBG funds to addxes locid needs must he eon:istent with priorities identified in the 2015-2019 Consolidated Plan. CDBG REQuREr,iNTS The use of federal CDBG func1in will tti.r various recjsirements clepenriina' upon the type of activity henj. tumdecL The followinng is only attended as an o'itiine: ' Emironmeatal Review • Lead Based Paint • Federal Labor Standards • Procurement • Accsibilitv Standard: in Section 504 of the Rehabilitation Act of 1973 • Uniform Relocation Assistance and Real Prope.rt Acquisition: Policies ACT (ILTRA) • Financial'-)% buingement • Affirmatively Fiirther Fair Housing - Asa recipient of HUD fimds, Hennepin Countç' and participating cities must affirmatively further fi'ir hiou::ing Hennepin County encouragrs au cities to be proactive by adchessing impediments to fair housing theiring choice hi cities. To continue its support of the countywide. fair housing efforts, Hennepin County will allocate funds from its administrative budget for fair housing seryices. Prioritized service are those identified in the Reional Analysis of tinpedisnents including outreach, counselina and referral services. training and education programs and enforcement of fair housing laws and ordinances. Cities are :trcnthv encouraged to support similar efforts within their conuuuimt using CDB and/or local funds. To find cut more about c:DBc regulations, review the Ht_I) Basical1y CDBG" guide or :eat:ch the federal relations at 24 CFR Part 570. LOW/MODERATE-INCOME BENEFIT The priimuv national objective of CDB G is to benefit low and moderate-income persons. As such Hennepin ConsntV must ensure that at least 70 percent of the funding is used for this putpce. Verification that low to moderate-income person: are being served is required (current income limit: attached). De1:'endling on the acth-it,. low to mc':lerate-incorne persons may receive a direct benefit or neighborhood benefit.. See attached map for e1i Ic low to Ino derate-incmome; bioci: groups for actirrities that benefit all residents of an area. FUNDING PUBLIC SERVICES Cities may use up to 15 percent of their C;DBG allocation to fund eligible, prioitit public services. Any jpublic service aetivities which receive beau funding but have not previously been funned with CDBG- must be a snew service or a substantial increase in a service.. (DEG funds may not be. used to replace local or state funding for public cervices ADMINISTRATIVE REQUIREMENTS Each activity shcmlcl hvce a budget of at least $7,500. When funds are committed by other c.itie to carry out a single activity of mutual interest such as a public service activity, the allocation should not be less than 3000. Communities are strongly enc: raged to develop joint initiatives to address mutual needs by consolidating their resources. SUBMISSION REQUIREMENTS 1. Prior to Februaw 24, 2017, publicize and conduct a p.iblie hearing and adopt a council resolution on the proposed use of C:DBG funds. A sample Imblic hearing notice and resolution axe enclosed. Tne resolution includes language authorizing the exeoitioti of subtecipient and thirst party aeen_ents. 2 Complete request for funding furl -LI(s) using the correct teniplate c11011-public service or public service. Use one rm for each activity. Heunepin Colliltv staff viii review each activity to determine CDBG eligibility, proaram benefit and the relationship to consolidated pLn priorities. 3. Email the publicc lieqrin c, notice, affidavit of publication, council resolution, minutes from public hearing and reert for funding form(s) to spenceragiiewhe.iuie.pin.us by 4:00pm on Febnrary 24, 2017. Affidavit of Publication of Public Hearing Notice AFFIDAVIT OF PUBLICATION 'TE, OFMINNI1SOTA COUNTY OF H1iNNI3PIN Crime 'Ibid brine duty oworn on on oath, elates or affirms that bathe it 11w [)eeipnalcd Aeent of the titwtptipcs(s) known SP Brooklyn Cir/Ilreoklyn Park with the known office of issue being located in the county tif: HENNEPIN with oddulioreti circulation in the countiro oft I1I2NNEPIN and her full knowledue of the fuels steed below: (A) The newspaper has complicd wilh all of th requircownis constituting qualifica- tion or a qualified newspaper us provided by Mi n n. Suit. 03!A02. (It) This Public N1tcc wee printed and pub - lished in said newspaperu ones each week, for I auccsrsi'se week(s); the Bitt insertion being on 0l/1912017 and the tett interline being 001111191201?. MORTGAGE FORECLOSURE NOTICES Pursuant to irlirriweola StILt. 5500.033 relating to ilic publication of mortpape foreclosure notices: The newspaper compliet with the cooditloar cleectitwd in 55110.033, suEd. 1, ctatue (I) Or (2). If the iutwrpepet'a known office of knew in located in CL county adjoining the county whew the muorfgagcd pretitiacs or sonic part of the reortpapcd pretuirca ole3cethrd in the notice see located, U substantial portion of the newepapcl's citeulation it it) the teller count". fly: LJ'---°—)'J ' l)eointol Agent Subscribed and or'noeIm to or affirmed before me On 0111512017 by Citseirne Vold, --r& "\ Mr LieNota-ty Public & K"05icannrtn eoeJpl rca Jrr 21, 251t ^ " - Rate Itifortiralior: (1) Loiscat r.tinwilicd mate 1ettd by comseercial mere fur nsrnpzitinble aptriw 40.00 per coturtot inch Ad ID 642671 CITY OF BR000LYfl CONTEItNOTICE OP PUELIC t-tEAttttlQ2017 tJBBANHEHNEPISI C0tJ14r( COMMUNITYBEVOLOPMENT BLOCK GRAOT PROGRAM1iab00nshurr5ygnrn 1hatlrnrCt2 r0 P.—Oinuercecim cOcilCoolSnrwill, tlor.nrepi-i Grunt,), p.runntnnrt Itniele lot tin) 51005113 antI CrannnmnrrOy barrtorrerl wet or 1014, raanrsreo-'i. is 0)lrih5 StOle I-stileon Foamy 12.201?, 0170w. a, 00000rlOCrOSlIE-01 Ills rrelLrUayI-op,? 1 1 tIe 0cct4n Crorl-trCh t-lrJjI,O0)I CI-irgim Cork a1vy,RrrokIyrCor0) MinrourIp 11w FlInt 01w-n,r Is uborl tIer ln1nJlr.2 and 01o1115w117 n5rrirç- SCOt Trail end tin, C11'5 trIspesed nan) of ±a oskrnplcul 2017 titter.Ilerreror C nrlyCaotrnjutrmomemn,,u-,nt 8130 Omit roasts san-riln OIzttttrt of 520)510. Too FILe 1-10,05 iv L6n5 1,oId ps'dumr.l11150471.00.Tia City at avk1r, Cotton tu prqo050) to orOcrt.oI.o OS FulitvnInactiorio-wonnlh 2017 0,1)00 t-lor.nnqrlr. CErinty COtO Fonda Etnnlin-O rotorubronljay 1, 2017. trueS on otnnce-iotbos in 2010.&ilislty l5u1reitPaLOin If 011010 Floprrrly 67,274 S 28242t-lsithbr-dread it6otIssliaa SteO,CO5Tom anoitcoal Ill _oTnr ECeul Omo pnio'ilOo, popce7cl CIlOillor,511101 tnnndimg otdptcom -rr Tortoraerrme, 7onIeattru Cilyot 0r001Iy:IContot 01 ?ITI-0kO-3200 or ho Hnnspi Coolly iluuSmg Eaiurinrrrtcc 6l2-2-15-0260. Anitsrj uiri fr - rererm will dipLtnIlljr so oorIIeldlcupuri laninoltSI InratI 0') 1-wro 0 rIIsnra. P3u contact Ore Cd7 Cso-k it 202 Ott)leroy 1i artIer 0'mttn5nrnlerrCs Pnnalihrdin b-to6rnn1-ln Ceolir 05,1 PurlJuror,) 10,71117 Urban Hennepin County Community Development Block Grant Program (CDBG) FY2017 (July 1, 2017 thru June 30, 2018) Application Request for City of Brooklyn Center Funds Supplemental Application Due: Friday, January 20, 2017 by 4:30 PM Public Hearing: February 8, 2016 YOU MUST COMPLETE AND RETURN THIS FORM TO BE CONSIDERED AS AN APPLICANT Organization Name: Senior Community Services Program Name: Household & Outside Maintenance for Elderly (HOME) Purpose: Our services help senior to remain independent in their homes in the community of Brooklyn Center. Seniors can utilize our homemaking, snow removal, lawn care, minor repair and painting services to maintain their home and make safety improvements to prevent falls. We mobilize community volunteers of all ages to not only help with these tasks but to connect with isolated seniors in their neighborhoods. Pagel of 8 community for all ages. The HOME Program is a resource that supports the diverse senior population of Brooklyn Center. The Program connects seniors to the community through volunteer groups to help deliver services to the senior residents of Brooklyn Center. An added benefit of partnering with the HOME program is that we help to keep up the housing stock in Brooklyn Center. 3)Describe the anticipated results and accomplishments for your proposed program The goal of the HOME Program is to assist seniors, especially low- to moderate- income elderly, to remain in their homes, providing them with affordable services they can no longer do for themselves and preventing unnecessary nursing home placement. We anticipate serving 80 Brooklyn Center seniors age 60+. 4)Do other originations provide Brooklyn Center residents the same, or similar, services for which you are requesting finding? State the organizations and briefly explain why your program is nessiatry to meet the needs of Brooklyn Center residents. Community Emergency Assistance Programs (CEAP) transferred administration of the chore program for Brooklyn Center seniors to Senior Community Services in 2014. There are many other for profit providers that provide some parts of the comprehensive services that HOME provides, but these services are provided at market rate. The HOME program provides critical services to help seniors remain in their home on a sliding fee scale. We also use volunteers to provide spring and fall yard clean up free of charge to the client. There are often trust issues when it comes to a senior letting a stranger in their home to provide any service. The HOME program surveys its clients and the top three reasons that seniors chose the HOME program over other for profit providers is: 1. They cannot afford to pay the market rate. 2. They trust the HOME program's staff. 3. They are unable to do the work themselves. Participation in the Household & Outside Maintenance for Elderly (HOME) program assures access to additional resources and services that would benefit the older adult. Additional services are provided in a seamless manner, consistent with our Mission, as part of our comprehensive approach to helping older adults live independently in their own homes. Many frail elders utilize other Senior Community Services' services, such as care coordination, support for their family members through caregiver coaching and counseling, face-to-face Medicare & Health Insurance Counseling and Senior Partners Care. In addition, Senior Community Services has successfully established partnerships with over. 300 other agencies, units of government, churches, school districts and local community programs to provide access to services such as respite, adult day services and home care, meals on wheels, transportation, etc., and ensures that Senior Community Services provides an integrated, non-duplicative service system for every elder, regardless of that person's entry point into Senior community Services. 5)Do you plan to provide this service to other cities or jurisdictions? 6)If yes, will CDBG funds be used? EYes []No HOME Provides services to seniors' age 60+ in most of Hennepin County. The Agency receives CDBG funds from Brooklyn Center, Brooklyn Park, Bloomington, Eden Prairie, Edina, Richfield, Maple Grove, Minnetonka, New Hope and Plymouth Page 3 of 8 2000, the merger went through and HOME expanded to the cities of Crystal, Golden Valley, New Hope, Plymouth and Robbinsdale. In 2003, HOME expanded once again, this time to the city of Hopkins. Due to the number of calls from seniors living in the cities of Maple Grove and Wayzata for HOME services, in 2011, HOME expanded to Maple Grove and Wayzata to meet the need. In 2014, Senior Community Services acquired CEAP's Chore program and expanded to serve Brooklyn Park and Osseo. We also expanded to 11 communities in the Westonka area in 2014. As of January 1, 2015, we have acquired Neighborhood Involvement Program's Chore program and new we serve the city of Minneapolis. In 201 6,HandyWorks in Minneapolis discontinued Chore services and referred their clients to HOME. HOME has a solid history of incremental expansion in Hennepin County to meet the growing needs and preferences for affordable homemaking, home maintenance and chore services. PROGRAM PERFORMANCE 10)Please describe your experience administering federal/public funds and how you have been able to meet the compliance requirements. We have 20± years of experience administering federal funds. We administer federal funds (CDBG) in 10 suburban Hennepin County cities. We also receive federal funding (Older Americans Act Funding Title III) through the Metropolitan area Agency on Aging. Through our comprehensive Chore database, we are able to meet the compliance tracking requirements. 11)Have you ever been approved for federal/public funds and not met the reimbursement requirements or found to be out of compliance with the regulations of a funding agency, if so please explain? No, we have always met the reimbursement requirements of federal/public funds and we have been in compliance with the regulations of the finding agency. 12) If you have previously been funded through CDBG funds through Brooklyn Center, please provide a breakdown of the services that have been provided to Brooklyn Center residents and the accomplishments. Please include demographic information, how many served, and associated expenses or other financial implications. -How many customers were provided service in Brooklyn Center for the 2016 Calendar Year? 84 -How many customers were provided service in Brooklyn Center for the 2015 Calendar Year? 68 -What was the average cost per customer served? Senior Community Services earned $7,829 from Brooklyn Center's CDBG allocation in 2016 and served 84 Brooklyn Center residents. Therefore, the average cost per customer served was $93.20. -Please provide the demographics of the customers served in 2016. Of the 84 clients, 81 were Caucasian, 2 African-American and 1 American Indian/Alaskan Page 5 of 8 psi o :reiPublic Se Program•RequirementsIjiI;!4th hIII]!iIfr Application Submittal Reguirements Required Documents: 1.Completed and signed CDBG Supplemental Application 2.Copy of your Agency/Organization's 501 (c)(3) letter 3. Completed Public Service Funding Application Submittal Requirements: o Incomplete or late applications will not be considered. • All applications that meet the minimum requirements will be ranked base on capacity, needs and funding priorities. o Preferred method of receiving the completed documents is a pdf sent by email to: Jandersonci.brooklyn-center.mn.us or mail, or hand deliver it to: City of Brooklyn Center, Building and Community Standards Department, Attn: Jesse Anderson, 6301 Shingle Creek Parkway N, Brooklyn Center, MN 55430. Due date is by 4:30 PM, January 20, 2017. CDBG Public Service Project Information Amount of FY2017 CDBG funds available: Up to approximately $30,000 is available for social service organizations. Organizations typically are allocated between $7,500 and $15,000. A program receiving multi-city CDBG funding may be allocated an amount less than $7,500. The City may choose to not fund requesting public service agencies. Funding Priorities: o Program that support the city of Brooklyn Center Strategic Priorities o Programs supporting services to youth, diversity in the community, or that leverage community resources. o In addition eligible activities include, but are not limited to those relating to; family self-sufficiency, counseling, domestic abuse, seniors, affordable housing, job readiness and training. Program Requirements: • Activities must benefit low and moderate-income households with less than 80% Area Median Income (AMI) as stated by HUD and listed on the chart below. • Organization must have a 501 (c)(3) status. • Income-eligible certification must be provided for all clients served verifying that at least 51% are from low- to moderate income households. • Organization must have the staff capacity to administer the program and be capable of providing all required documentation to obtain reimbursement. Page 7 of 8 Agency/Organization Name: Senior Community Services Address: 10201 Wayzata Blvd., Suite 335, Minnetonka, MN 55305 Organization Type: DGovernment 1NonProfit DFor-Profit DOther:Describe if applicable Name of Primary Contact: Deb Taylor Title of Primary Contact: CEO Primary Contact Email: d.taylor@seniorcommunity.org Primary Contact Phone: 952-767-7897 Activity Name: Household & Outside Maintenance for Elderly (HOME) Amount of 2017 CDBG Funding Request: $9,000 Description of Activity: The HOME program serves Broklyn Center Seniors Age 60+. Each year, we are able to spend down the funds before the end of the CDBG year. Provided on a sliding fee scale based on income by paid staff and independent contractors: Interior & exterior painting; Minor repairs; Housecleaning; Snow shoveling; Lawn mowing. Provided at no cost by volunteers: Leaf raking; Window washing; Minor repairs for low-income clients. Provided at no cost by the Program Director: In home safety assessments. The neighbors and the seniors themselves appreciate the help we provide to maintain seniors' homes with fresh paint, to help keep the home free of clutter and debris, and to keep lawns mowed and driveways and walkways clear of snow. Funding will help keep services affordable for 80 low-income seniors. Activity Service Area: Brooklyn Center Service Delivery Location Address (if applicable): At the homes of seniors age 60+ in Brooklyn Center How many persons were served by this program in the last 12 months? 84 Is this a priority need identified in the 2015-2019 Consolidated Plan? PRIORITY NEED FOUR: EDUCATION, OUTREACH, & SERVICES Senior Services and Senior Center Programming High < 80% of median income Is this a need not currently or adequately being addressed by other programs/activities? Community Emergency Assistance Programs (CEAP) was the other nonprofit providing chore services in Brooklyn Center, but transferred administration of their chore program for Brooklyn Center seniors to Senior Community Services' HOME Program in 2014. We are the only organization providing sliding fee scale home services (lawn, snow, painting, repair and homemaking) to seniors in Center. HOME also offers safety assessments. Describe any multi-community, multi-agency, or public/private partnerships and support: articipation in the HOME program assures access to additional resources and services that benefit the older adult. Additional services are provided in a seamless manner, consistent with our mission, as part of our comprehensive approach to helping older adults live independently in their own homes. Many frail elders utilize other Senior Community Services services, such as care coordination, participation in physical fitness, educational, recreational and social activities outside their home through Senior Community Services' five senior center and community-based programs; or support for their family members through caregiver coaching and counseling. In addition, Senior Community Services has successfully established partnerships with over 300 other agencies, units of government, churches, school districts and local community programs to provide access to services such as respite, adult day services and home care, meals on wheels and transportation. This ensures that Senior Community Services provides an integrated, non-duplicative service system for every elder, regardless of that person's entry point into Senior Community Services. Activity Funding Sources 2017 Funding Sources Amount Secured? served as a director on the boards for three organizations. Virginia graduated from the University of Minnesota with a Bachelor of Arts degree. Julie Graf, as our Program Assistant, is usually the first point of contact for people requesting information about the HOME program. She is responsible for answering phones, registering clients and maintaining client files. Julie has a BA in Social Work from Concordia University, Wisconsin. CILT"it OF ff BROOKLYN CENTER A GREAT PLACE TO START, A GREAT PLACE TO 'STAY www. cityofbrook!yncen ter, org Urban Hennepin County Comm unity Development Block Grant Program (CDBG) FY2017 (July 1, 2017 thru June 30, 2018) Application Request for City of Brooklyn Center Funds Supplemental Application Due: Friday, January 20, 2017 by 4:30 PM Public Hearing: February 8, 2016 YOU MUST COMPLETE AND RETURN THIS FORM TO BE CONSIDERED AS AN APPLICANT Organization Name: Community Emergency Assistance Programs. Inc. (CEAP) Program Name:Meals on Wheels Purpose: To provide hot meals and social support to seniors and people with disabilities MOM 1.Does your Organization have a 501 (c)(3) status?LI 2.Do the activities benefit at least 51% low- and moderate-income households with less X LI than 80% Area Median Income (AMI) as stated by HUD AND are you able to provide Income-eligible certification for all clients? 3.Does your organization have the staff capacity to administer the program?LI 4.Do you understand and are capable of providing all required documentation to obtain M LI reimbursement? 5. Which of the following Eligible Public Service Activities will the program provide? (Choose All that apply) o Job Training Eli o Homelessness Prevention LI • Fair Housing LL o Financial Literacy LI o Emergency Assistance LI - o Domestic Abuse shelter and Counseling LI - • Senior Service LII o Youth Counseling and Activities LI Pagel of6 PROGRAM PROPOSAL 1)Proposed program and objectives. Be concise, et thorough, in describing the activity of only the program for which funding is being sought, and in only as much detail as needed. CDBG funds cannot be used to replace current program funds. If this is an existing program and your organization did not receive Brooklyn Center CDBG funds last year, the funds must be used to expand the program or services. CEAP's Meals on Wheels delivers nutrition, companionship, and safety to seniors and disabilities in our community. Through the delivery of a hot meal from a friendly volunteer, residents find community connection, and family members receive piece of mind knowing that someone will make sure their loved one is safe and nourished. This program allows long-time residents to age with dignity in their own home. 2)Describe the specific need in Brooklyn Center that you will be addressing. CEAP's Meals on Wheels program fulfills the safety, socialization, and nutritional needs of Brooklyn Center's elderly residents so they have the opportunity to age with dignity in the comforts of their own home, surrounded by their memories. Without this program, many residents would struggle to meet their own nutritional and socialization needs and may be forced to move out of their home. 3)Describe the anticipated results and accomplishments for your proposed program. CEAP will serve over 16,000 meals to Brooklyn Center residents over the course of the fiscal year with the assistance of 125 or more community volunteers donating over 6,600 hours of service. We will also conduct safety and well-being checks and deliver emergency food kits for weather preparedness. Finally, participants will report that Meals on Wheels has positively impacted their lives. __TF4)Do other originations provide Brooklyn Center residents the same, or similar, services for which you are requesting funding? State the organizations and briefly explain why your program is nessiatry to meet the needs of Brooklyn Center residents. Although there are other ways to get food, none build community and relationships. Also, it is extremely difficult to receive food or benefit from social activities from other programs if mobility is difficult. This program is an investment in the long- term residents that have invested in our city by allowing them to safely live in their home. 5)Do you plan to provide this service to other èities or jurisdictions? Yes 6)If yes, will CDBG funds be used? flYes No CEAP's Meals on Wheels program provides services to Brooklyn Center and Brooklyn Park. However, CDBG funds from Brooklyn Center will be used to support Brooklyn Center residents and payments requested and documentation will reflect this. 7) Please describe how you plan to record and report accomplishments and monitor FT the results. - Page 2 of 6 CEAP tracks the number of meals delivered, returned meals, and client status changes. This data is reviewed by our staff and board of directors to ensure we continue to move towards our anticipated outcomes. In addition, we report our results to a variety of agencies including Volunteers of America, Metro Meals on Wheels, Metropolitan Council on Aging, and Hennepin County. We also conduct client satisfaction surveys twice per year. 8)Please describe how your program meets one or more of the City's priorities listed below. (Check all that apply) See attachment for more information about city priorities. Resident Economic Stability Enhanced Community Image Inclusive Community Engagement LII Strengthened and Empowered Youth LII For seniors, maintaining economic stability is closely tied to the ability to remain in their home as quality assisted living and nursing care is expensive. Meals on Wheels not only keeps people in their home, but indicates to others that Brooklyn Center is a community that takes care of all of its residents in all life stages. 9)Please describe how this program is ready for implementation and what steps would need to be taken before this program can be started. This program is ongoing and no additional steps will need to be taken to ensure its continued success beyond securing funding for the new fiscal year. PROGRAM PERFORMANCE 10)Please describe your experience administering federal/public funds and how you have been able to meet the compliance requirements. CEAP has been administering public funds for more than 25 years. We are confident we can meet the distribution requirements for this funding. Our office manager and Meals on Wheels coordinator work closely with our accounting team to ensure all of the qualifications are satisfied. 11)Have you ever been approved for federal/public funds and not met the reimbursement requirements or found to be out of compliance with the regulations of a funding agency, if so please explain? No, CEAP is fully understanding and capable of administering the funds requested in this proposal. 12) If you have previously been funded through CDBG funds through Brooklyn Center, please provide a breakdown of the services that have been provided to Brooklyn Center residents and the accomplishments. Please include demographic information, how many served, and associated expenses or other financial implications. -How many customers were provided service in Brooklyn Center for the 2016 Calendar Year? 106 -How many customers were provided service in Brooklyn Center for the 2015 Calender Year? 120 -What was the average cost per customer served? $630.50 + Staff time and administrative costs Page 3 of -Please provide the demographics of the customers served in 2016. 77 percent of residents served were 60 years of age or older. Those served were 75 percent white and 16 percent African/African American. The remaining residents comprised less than 1 percent of participants or did not report their ethnicity. -Please describe the services that were provided. CEAP provided nearly 16,000 hot, dietician-approved, complete meals to people in Brooklyn Center. Meals were delivered by volunteers that often took additional time out of their day to sit with residents and enjoy a friendly conversation. Volunteers also performed basic safety checks. CEAP staff also reached out to emergency contacts for a well-being check if meals were unable to be delivered. By signing the statement below you are certi fying your organization has the capacity to participate in the CDBG process and can provide the required documentation in the implementation schedule. I certify that all answers to the above questions are true and accurate. I understand that any false information on or omission of information from this supplemental application will be cause for rejection of this application or termination of funding. A pp li can t s Signature:4^UL^44i1.L Title: Director of Develop me n Date: 1/20/17 Received by: ____ Date: ____ T Page 4 of b1u i:i Required Documents: 1.Completed and signed CDBG Supplemental Application 2.Copy of your Agency/Organization's 501(c)(3) letter 3. Completed Public Service Funding Application Submittal Requirements: o Incomplete or late applications will not be considered. o All applications that meet the minimum requirements will be ranked base on capacity, needs and funding priorities. o Preferred method of receiving the completed documents is a pdf sent by email to: Janderson@ci.brooklyn-center.rnn.us or mail, or hand deliver it to: City of Brooklyn Center, Building and Community Standards Department, Attn: Jesse Anderson, 6301 Shingle Creek Parkway N, Brooklyn Center, MN 55430. Due date is by 4:30 PM, January 20, 2017. CDBG Public Service Project Information Amount of FY2017 CDBG funds available: Up to approximately $30,000 is available for social service organizations. Organizations typically are allocated between $7,500 and $15,000. A program receiving multi-city CDBG funding may be allocated an amount less than $7,500. The City may choose to not fund requesting public service agencies. Funding Priorities: • Program that support the city of Brooklyn Center Strategic Priorities • Programs supporting services to youth, diversity in the community, or that leverage community resources. In addition eligible activities include, but are not limited to those relating to; family self-sufficiency, counseling, domestic abuse, seniors, affordable housing, job readiness and training. Program Requirements: • Activities must benefit low and moderate-income households with less than 80% Area Median Income (AMI) as stated by HUD and listed on the chart below. • Organization must have a 501 (c)(3) status. • Income-eligible certification must be provided for all clients served verifying that at least 51% are from low- to moderate income households. • Organization must have the staff capacity to administer the program and be capable of providing all required documentation to obtain reimbursement. Page 5 of Timeline and Program Dates: • January 20, 2017, by 4:30 PM, completed application due back to city hail. o February 13, 2017, 7:00 PM Public Hearing at the City Council meeting. Meeting offers opportunity for short (3-5 minute) testimony from each applicant. After public hearing the Council members will make final decision for the allocation of CDBG funds. o July 1, 2017 thru June 30, 2018 - spend down timeline ofFY2OI7 funds. No reimbursements can be made for program activities spent prior to HUD final approval, most likely on or shortly after July 1, 2017. Funds will be reimbursed after program activities have taken place, expenses have been paid, and required documentation has been submitted. o June 30, 2018 Final Reimbursement o January 1, 2018 - At least one reimbursement request must be submitted. Page 6 of Internal Revenue Service Date: March 15, 2007 COMMUNITY EMERGENCY ASSISTANCE PROGRAM INC 6840 78TH AVE N BROOKLYN PARK MN 55445-2760 408 Department of the Treasury P. 0. Box 2508 Cincinnati, OH 45201 Person to Contact: Ms. Julius 3108345 Customer Service Representative Toll Free Telephone Number: 877-829-5500 Federal Identification Number: 41-0990340 Dear Sir or Madam: This is in response to your request of March 15, 2007, regarding your organization's tax- exempt status. In March 1972 we issued a determination letter that recognized your organization as exempt from federal income tax. Our records indicate that your organization is currently exempt under section 501(c)(3) of the Internal Revenue Code. Our records indicate that your organization is also classified as a public charity under sections 509(a)(1) and I 70(b)(1 )(A)(vi) of the Internal Revenue Code. Our records indicate that contributions to your organization are deductible under section 170 of the Code, and that you are qualified to receive tax deductible bequests, devises, transfers or gifts under section 2055, 2106 or 2522 of the Internal Revenue Code. If you have any questions, please call us at the telephone number shown in the heading of this letter. Sincerely, Michele M. Sullivan, Oper, Mgr. Accounts Management Operations I Hennepin County CDBG Funding Request Form Program Year 2017 Public Services Organization Information Agency/Organization Name: Community Emergency Assistance Programs, Inc (CEAP) Address: 7051. Brooklyn Blvd, Brooklyn Center, MN 55429 Organization Type: DGovernment Non-Profit DFor-Profit D Other: DeScCh U ppcb Name of Primary Contact: Brad Kerschner Title of Primary Contact: Meals on Wheels Coordinator Primary Contact Email: brad.kerschner@ceap.com Primary Contact Phone: 763-450-3678 Activity Information Activity Name: Meals on Wheels Amount of 2017 CDBG Funding Request: $15,000 Description of Activity: CEAPs Meals on Wheels delivers nutrition, companionship, and safety to seniors and disabilities in our community. Through the delivery of a hot meal from a friendly volunteer, residents find community connection, and family members receive piece of mind knowing that someone will make sure their loved one is safe and nourished. This program allows long-time residents to age with dignity in their own home. Activity Service Area: Brooklyn Center Service Delivery Location Address (if applicable): Services occur in the home of the recipient How many persons were served by this program in the last 12 months? 106 How many persons will be served by this program from July 1, 2017 through June 30, 2018? 120 What percentage of clients served are low- and moderate-income persons? (Note: CDBG requires at least 51% of clients served to be at or below 80% of Area Median Income) 58% Atvity Ne d,C siteny wthilan and PubhcSuppo?t ? Who is the target clientele? Meals on Wheels serves seniors and people with disabilities who, if not for this service, would struggle to make a nutritious, hot meal for themselves. Participants in this program typically have limited mobility and are not capable of shopping for their own groceries. Most are reliant on others to provide some level of care and welfare checks. The people this program serves are generally restricted to the confines of their home without assistance from others, and therefore have limited social interaction - mainly with caregivers and family members. What needs does this activity address? CEAP's Meals on Wheels program offers Brooklyn Center residents the dignity of being able to remain in their own home by providing hot meals and social interaction from dedicated volunteers. Without this program, many of the people we serve would lack basic social connection with the community and would largely live in isolation. Others would be forced to leave the comfort of the homes they have known for many years and move into other living arrangments due to their inability to cook for themselves, purchase groceries, etc. This program allows lifelong residents of our community to age with dignity in the comforts of their own home, while having the safety of a regular check-in, the nutrition from a well-balanced meal, and the social interaction from someone in the community who cares about their well-being. Is the need for this activity growing? Yes, as members of our community age and people look for additional ways to keep their loved ones in the comfort of their homes, we anticipate the number of people accessing our Meals on Wheels program will increase. This increase would be in-step with the increase in the number of residents over age 60 in Brooklyn Center. How does the program address these needs? Meals on Wheels promotes well-being by connecting people who would otherwise be shut out of the community with caring volunteers who provide a listening ear and a hot meal. Hot meals are delivered daily, Monday through Friday, with additional heat-and-eat meals provided for weekend meals as requested. We also embrace the diverse needs of clients by offering 12 specialized meal plans based on cultural preferences and health needs including Asian, Halal, renal, vegetarian, and soft food diets. Is this a priority need identified in the 2015-2019 Consolidated Plan? Yes, this is a priority need under the plan as it addresses item #4 the need for supportive and outreach services for the elderly and people with extremely low, low, and moderate incomes. Is this a need not currently or adequately being addressed by other programs/activities? Yes, although there are other ways to get food, none build community and relationships. Also, it is extremely difficult to receive food from other programs if mobility is difficult. This same population also cannot take advantage of the socialization programs designed to keep seniors connected to our community. Meals on Wheels is an investment in the long-term residents that have invested in our city by allowing them to safely live in their home. Describe any multi-community, multi-agency, or public/private partnerships and support: CEAP partners with many local businesses and agencies to provide comprehensive services to the people who seek our support. The local business community, particularly Luther Automotive Group, are regular volunteers in the Meals on Wheels program. We also work with Metro Meals on Wheels to provide individuals with blizzard boxes and the Gifts for Seniors program to provide emergency assistance and a small token of joy for the winter season. Numerous adult and children's groups throughout the year also create cards and notes of well wishes for meal recipients. During our individual visits, we meet with meal recipients and connect them to additional community services as appropriate. Activity Funding Sources I 2017 Fundina Sources Amount Secured? CDBG $15,000 Current request Other Local Government $34,400 Fee for service. Other Federal Government $23,592 Fee for service State Metro Meals on Wheels $2,400 No Private Pay $14,400 Fee for service (attach additional pages if necessary) Has this activity received CDBG funding in the previous year (2016)? 0 Yes 0 No Does this activity currently receive non-CDBG state or local government funding? N Yes 0 No If yes, describe source(s): CEAP receives county funding for waivered meal recipients under Title III. Staff Capacity Describe the organization's experience providing this service: CEAP has been providing Meals on Wheels to the community for more than 25 years. We have dedicated kitchen and office space for the program, and a dedicated group of loyal volunteers that make this work possible. Our service is consistent and personalized, taking into consideration dietary needs, religious requirements, and even personal food preferences. - List the names, position titles, and brief qualifications of staff who will be primarily responsible for delivering this activity (attach additional pages if necessary): Brad Kerschner, our Meals on Wheels Coordinator has over six years of experience in the nonprofit sector providing direct services to seniors and youth. LII37 L1T_ A GREAT PLACE TO START, A GREAT PLACE TO STAY www.cityofbrooklynconter.org Urban Hennepin County Community Development Block Grant Program (CDBG) 1FY2017 (July 1 9 2017 thru June 30 9 2018) -- Application Request for City of Broolidyn Center Fun, lls SUP A, pipAka -doon [Due.- Fcoy ry 20 3 by :30 PIJi Pubhc Hearing. February 8, 2016 YOU MUST COMPLETE AND RETURN THIS FORM TO BE CONSIDERED AS AN APPLICANT Organization Name: HOME Line Program Name: Tenant Hotline Servi Purpose: HOME Line will provide a tenant hotline that provides free legal advice to tenants about landlord/tenant law. These services prevent problems ranging from homelessness to illness from unsafe living conditions, and result in reducing the use of the city's emergency resources. ]ihiTom [Ic 'j iix I Iii Tgj-iii [ij(t imtI L[frr iihiirotiij 1.Does your Organization have a 501 (c)(3) status? 2.Do the activities benefit at least 51% low- and moderate-income households with less than 80% Area Median Income (AMI) as stated by HUD AND are you able to provide Income-eligible certification for all clients? Z LI 3.Does your organization have the staff capacity to administer the program? 4.Do you understand and are capable of providing all required documentation to obtain reimbursement? Z LI 5. Which of the following Eligible Public Service Activities will the program provide? (Choose All that apply)- • Job Training LI Li - • Homelessness Prevention M H o Fair Housing - -H • Financial Literacy - H -H • Emergency Assistance - H H • Domestic Abuse shelter and Counseling - H • Senior Service • Youth Counseling and Activities Page 1 of 1 LrrtlTh 1jLJ) i rreiflfrLi ( \1I I IiXt (t(1I i Dft- - IIiI PROGRAM PROPOSAL 1)Proposed program and objectives. Be concise, yet thorough in describing the activity of only the program for which funding is being sought, and in only as much detail as needed. CDBG funds cannot be used to replace current program funds. If this is an existing program and your organization did not receive Brooklyn Center CDBG funds last year, the funds must be used to expand the program or services. The Tenant Hotline Services began in 1992 as a service to Suburban Hennepin County residents. Today we serve the entire state and have recently taken our 200,000th call. Five full time and one part time staff attorneys work frill time on the hotline along with 50-75 law student volunteers each year. HOME Line's Tenant Hotline provides free legal advice to tenants about landlord/tenant law. These services prevent problems ranging from homelessness to illness from unsafe living conditions, and result in reducing the use of the city's emergency resources. Additionally, HOME Line has one Somali and two Spanish Language Tenant Advocates to assist immigrant renters in their native language. 2)Describe the specific need in Brooklyn Center that you will be addressing. Renters make up nearly 4,115 households in Brooklyn Center, and many of these families have low incomes. When renters have problems involving their homes, those who don't know their rights and responsibilities can end up living in housing that is unsafe, lose security deposits that are rightfully theirs, or make decisions that cost them their home. HOME Line provides renters with the tools necessary to keep their homes safe and affordable. The most common reasons Brooklyn Center residents call our hotline are: repairs, evictions, and security deposits. The need for this service in Brooklyn Center is apparent -- Brooklyn Center residents already rely on this valuable service. By offering free tenant hotline services, HOME Line has been providing needed services for those most vulnerable. While our services are available to all renters free of charge, 97% of our Brooklyn Center callers have low incomes; (76%) of these callers are women; 65% are racial minorities. Our programs are aimed at low-income renters. 3) Describe the anticipated results and accomplishments for your proposed program. In 2017 in Brooklyn Center, our Tenant Hotline Services expect to advise 165 renter households, prevent the eviction of 14 families, and save these tenants at least $19,500 in returned damage deposits and rent abatements. F Do other organizations provide Brooklyn Center residents the same, or similar, I I I Page 2 of 7 services for which you are requesting funding? State the organizations and briefly explain why your program is necessary to meet the needs of Brooklyn Center residents. The only other organizations providing similar services for tenants in Brooklyn Park are the Minnesota Attorney General's office and Legal Aid. The AG's office refers tenants with questions to our hotline, but does not give tenants specific advice. We often confer with colleagues at Legal Aid on litigation and court issues and on legislative matters. However, our hotline, while providing a service similar to that of Legal Aid, does not have the extremely low income requirements of Legal Aid. We are able to serve the working poor. We will also advise renters on any issue that renters face as part of their rental agreement. 5)Do you plan to provide this service to other cities or jurisdictions? ZYes IlilNo6)If yes, will CDBG funds be used? Yes, In multiple cities CDBG and other city funds are utilized to pay for HOME Line's services 7)Please describe how you plan to record and report accomplishments and monitor the results. HOME Line records and documents all calls to our tenant hotline. We maintain these records in a database. In addition to basic demographic information, HOME Line record types of calls and follow up information and results when obtained. HOME Line analyzes the overall information to monitor trends and challenges facing families in rental housing, as well our overall impact in each community. HOME Line does and will continue to provide reports to the city of Brooklyn Center. 8)Please describe how your program meets one or more of the City's priorities listed below. (Check all that apply) See attachment for more information about city priorities. Resident Economic Stability Enhanced Community Image Inclusive Community Engagement Strengthened and Empowered Youth Describe: Describe: When renters have problems involving their homes, those who don't know their rights and responsibilities can end up living in housing that is unsafe, lose security deposits that are rightfully theirs, or make decisions that cost them their home. HOME Line provides renters with the tools necessary to keep their homes safe and affordable. Renter families become civicly engaged in resolving their rental issues, giving their families more financial stability and contributing to the health and safety, as well as the good repair of their rental housing. Engaged tenants, involved in their communities and proactively dealing with tenant issues, increase their families financial stability, and improve the quality of housing, helping to create Vibrant Neighborhoods. 9) Please describe how this program is ready for implementation and what steps would need to be taken before this program can be started. Tenant Hotline Services are ongoing, Spanish and Somali outreach started in September 2014, expanded in 2015, and continues to develop as we learn how better to work with these populations. Page 3 of 7 PROGRAM PERFORMANCE 10)Please describe your experience administering federal/public funds and how you have been able to meet the compliance requirements. HOME Line throughout its history has had a wide variety of local, state, and Federal programs that provide funding for our services. This includes city, CDBG, County, State and Federal funding. HOME Line has always complied with the various requirements of all of these programs. 11)Have you ever been approved for federal/public funds and not met the reimbursement requirements or found to be out of compliance with the regulations of a funding agency, if so please explain? No. 12) If you have previously been funded through CDBG funds through Brooklyn Center, please provide a breakdown of the services that have been provided to Brooklyn Center residents and the accomplishments. Please include demographic information, how many served, and associated expenses or other financial implications. -How many customers were provided service in Brooklyn Center for the 2016 Calendar Year? 164 renter households with 410 residents. -How many customers were provided service in Brooklyn Center for the 2015 Calendar Year? 243 renter households with 608 residents. -What was the average cost per customer served? $41.22 per household -Please provide the demographics of the customers served in 2016. INCOME BREAKDOWN The vast majority (97%) of these callers are extremely-low, very-low or low-income. These income categories are those used by the U. S. Department of H.U.D.: 54% • Extremely Low: Incomes below 30% of metro median. 29% Very Low: Incomes between 30% and 50% of metro median 14% • Low: Incomes between 50% and 80% of metro median. 3% Moderate: Incomes above 80% of metro median. RACIAL BREAKDOWN 49% African American 35% Caucasian 9% Hispanic 4% Other 2% Asian GENDER BREAKDOWN 76% Female 24% Male Page 4 of 7 -Please describe the services that were provided. In 2016, 164 Brooklyn Center renter households contacted HOME Line for Tenant Hotline Services. This represents service to approximately 410 residents when all family members are counted. HOME Line helped renters from Brooklyn Center: o Recover and/or save an estimated $19,998. e Prevent an estimated 14 evictions. o Renters with repair issues who follow our advice are 37% more likely to get their problem fixed than those who don't. The top ten reasons tenants called from Brooklyn Park in 2016. 1.Repairs-46 calls 2.Evictions-28 calls 3.Security Deposits-20 calls 4.Break Lease-16 calls 5.Infestation/Bed bugs-16 calls 6.Notice to Vacate-7 calls 7.Rent Increase-6 calls 8.Privacy/Intrusion-5 calls 9.Guests-5 calls 10.Neighbors-5 calls By signing the statement below you are certifying your organization has the capacity to participate in the CDBG process and can provide the required documentation in the implementation schedule. I certify that all answers to the above questions are true and accurate. I understand that any false information on or omission of information from this supplemental application will be cause for rejection of this appliëation or termination of funding. Applicant's Signature: /7 Title: Executive Director Date: 1/19/2017 Received by: Time: Page 5 of 7 C]D)BG Ptllhlic Service ]Progllarn Requirements Cy of JnookJ1yLrll Center AU)W ,Aion Submittal Reements Required Documents: 1.Completed and signed CDBG Supplemental Application 2.Copy of your Agency/Organization's 501(c)(3) letter 3. Completed Public Service Funding Application Submittal Requirements: • Incomplete or late applications will not be considered. • All applications that meet the minimum requirements will be ranked base on capacity, needs and funding priorities. • Preferred method of receiving the completed documents is a pdf sent by email to: Janderson@ci.brooklyn-center.mn .Us or mail, or hand deliver it to: City of Brooklyn Center, Building and Community Standards Department, Attn: Jesse Anderson, 6301 Shingle Creek Parkway N, Brooklyn Center, MN 55430. Due date is by 4:30 PM, January 20, 2017 CDBG ]Pribllfig Service Proect }[nforniiation Amount of l'Y2017 CDBG funds available: Up to approximately $30,000 is available for social service organizations. Organizations typically are allocated between $7,500 and $15,000. A program receiving multi-city CDBG funding may be allocated an amount less than $7,500. The City may choose to not fund requesting public service agencies. Funding Priorities: • Program that support the city of Brooklyn Center Strategic Priorities • Programs supporting services to youth, diversity in the community, or that leverage community resources. In addition eligible activities include, but are not limited to those relating to; family self-sufficiency, counseling, domestic abuse, seniors, affordable housing, job readiness and training. Program Requirements: o Activities must benefit low and moderate-income households with less than 80% Area Median Income (AMI) as stated by HUD and listed on the chart below. o Organization must have a 501 (c)(3) status. o Income-eligible certification must be provided for all clients served verifying that at least 51% are from low- to moderate income households. o Organization must have the staff capacity to administer the program and be capable of providing all required documentation to obtain reimbursement. Page 6 of Timeline audi Program Dates: • January 20, 2017, by 4:30 PM, completed application due back to city hail. o February 13, 2017, 7:00 PM Public Hearing at the City Council meeting. Meeting offers opportunity for short (3-5 minute) testimony from each applicant. After public hearing the Council members will make final decision for the allocation of CDBG funds. • July 1, 2017 thru June 30, 2018- spend down timeline ofFY2Ol7 funds. No reimbursements can be made for program activities spent prior to HUD final approval, most likely on or shortly after July 1, 2017. Funds will be reimbursed after program activities have taken place, expenses have been paid, and required documentation has been submitted. o June 30, 2018 Final Reimbursement o January 1, 2018 - At least one reimbursement request must be submitted. Page 7 of 7 Very Low ')OO/,. Moderate 3% OVERVIEW In 2016, 164 Brooklyn Center renter households contacted HOME Line for Tenant Hotline Services. This represents service to approximately 410 residents when all family members have been counted. HIGHLIGHTS Top Ten Reasons For Calls 1.Repairs 46 2.Eviction 28 3.Security Deposit 20 4.Break Lease 16 5.Infestation/Bed Bugs 8 6.Notice to Vacate 7 7,Rent Increase 6 8.Privacy/Intrusion 5 9.Guests 5 10. Neighbors 5 Callers' Income In 2016, HOME Line helped renters from Brooklyn Center: o Recover and/or save an estimated $19,998. o Prevent an estimated 14 evictions. o Renters with repair issues who follow our advice are 37% more likely to get their problem fixed than those who don't. INCOME BREAKDOWN The vast majority (97%) of these callers are extremely- low, very-low or low-income. These income categories are those used by the U. S. Department of H. U. D.: • Extremely Low: Incomes below 30% of metro median. • Very Low: Incomes between 30% and 50% of metro median • Low: Incomes between 50% and 80% of metro median. • Moderate: Incomes above 80% of metro median. RACIAL BREAKDOWN 49%African American 35%Caucasian 9%Hispanic 4%Other 2%Asian GENDER BREAKDOWN 76% Female 24% Male Organization Information Agency/Organization Name: HOME Line Address: 3455 Bloomington Ave Minneapolis, MN 55407 Organization Type: OGovernment Non-Profit lFor-Profit DOther:Describe if a ppicble Name of Primary Contact: Mike Vraa Title of Primary Contact: Managing Attorney/Hotline Director Primary Contact Email: Mikev@homelinemn.org Primary Contact Phone: 612 728-5770 x113 Act ivity Information Activity Name: Tenant Hotline Services Amount of 2017 CDBG Funding Request: $8,038 Description of Activity: HOME Line provides renters with the tools necessary to keep their homes safe, in good repair and affordable. HOME Line's Tenant Hotline provides free legal advice to tenants about landlord/tenant law. These services prevent problems ranging from homelessness to illness from unsafe living conditions, and result in reducing the use of the city's emergency resources. Activity Service Area: HOME Line serves all renters in the city of Brooklyn Center Service Delivery Location Address (if applicable): Renters contact HOME Line via phone or email. How many persons were served by this program in the last 12 months? 164 Renter Households, totaling 410 residents How many persons will be served by this program from July 1, 2017 through June 30, 2018? 195 Renters Households, totaling 488 residents What percentage of clients served are low- and moderate-income persons? (Note: CDBG requires at least 51% of clients served to be at or below 80% of Area Median Income) 97% - -At,vty Need, Consistencywlth Plans and Pub1i Suppofl -- Who is the target clientele? Low Income Renters Renters make up nearly 4,115 households in Brooklyn Center, and many of these families have low incomes. When renters have problems involving their homes, those who don't know their rights and responsibilities can end up living in housing that is unsafe, lose security deposits that are rightfully theirs, or make decisions that cost them their home. HOME Line provides renters with the tools necessary to keep their homes safe and affordable. Additionally, the latest census information shows that Brooklyn Center now has 2,531 Spanish speaking residents. Brooklyn Center also has 3,223 African born immigrants. These immigrant communities are more likely to be renters, low-income, and because of language and cultural barriers, more susceptible to poor rental practices. What needs does this activity address? Education, Outreach and Services, - Tenant Advocacy Is the need for this activity growing? Yes, while the last years numbers are slightly lower than the year before, the level of service continues to increase from year to year. How does the program address these needs? HOME Line provides renters with the tools necessary to keep their homes safe and affordable. HOME Line's Tenant Hotline provides free legal advice to tenants about landlord/tenant law. These services prevent problems ranging from homelessness to illness from unsafe living conditions, and result in reducing the use of the city's emergency resources. In 2016, our Tenant Hotline Services to Brooklyn Center advised 164 renter households, helped prevent the eviction of 14 families, and saved tenants at least $19,998. The most common reasons Brooklyn Center residents call our hotline are: repairs, evictions, and security deposits. The need for this service in Brooklyn Center is apparent - Brooklyn Center residents already rely on this valuable service. While our services are available to all renters free of charge, 97% of our Brooklyn Center callers have low incomes; over three-quarters (76%) of these callers are women; 65% are racial minorities. Our programs are aimed at low-income renters. HOME Line's language and cultural access initiative means that Somali and Spanish speaking renters can directly call our Somali and Spanish speaking Tenant advocates in their native languages and get assistance with their rental problems. Is this a priority need identified in the 2015-2019 Consolidated Plan? Yes Is this a need not currently or adequately being addressed by other programs/activities? Yes, HOME Line is the only program that offers these services. The Attorney General's office refers tenants with questions to our hotline, but does not give tenants specific legal advice. We often confer with our colleagues at Legal Aid on litigation and court issues. However, our hotline is able to serve a large number of renter households with immediate phone advice and does not have the extremely low-income eligibility requirements of Legal Aid. Not enforcing income restrictions allows us to serve the "working poor," which are made up of individuals who cannot afford traditional legal services but who are more seriously affected by wrongly withheld security deposits, the prospect of an eviction, and serious repair issues. By providing language access to Somali and Spanish speaking renters, through our tenant hotline services, we provide our rental services in native languages, giving these immigrant communities the same immediate access that English speaking renters receive through our tenant hotline. Describe any multi-community, multi-agency, or public/private partnerships and support: HOME Line has a history of successfully partnering with foundations and local and state governments to help support our work. HOME Line strives to collaborate with other advocacy organizations, service providers and government entities to efficiently and effectively deliver our services to low-income tenants. We will utilize these partnerships as we conduct outreach with our new language and cultural staff. On the hotline, we provide trainings to develop a local network of trained tenant/landlord advocates who can identify renters who need legal assistance and situations where organizing is appropriate to solve a building-wide problem. :tMtv Funding Sources Secured? 2017 Funding Sources CDBG MIIJUUIJL 95,481 150,117 1/2 secured, 1/2 applied for 1/ secured, 1/2 applied for 1/2 secured, 1/2 applied forOther Local Government Other Federal Government 0 1/2 secured, 1/ applied for State 205,000 1/2 secured, 1/2 applied forPrivate Foundations, Mcknight, Hugh J. Andersen, Bremer Earned Income Contributions, books sales, attny 145,798 Ongoing efforts throughout 2017 fees, misc. (attach additional pages if necessary) Has this activity received CDBG funding in the previous year (2016)? Z Yes El No Does this activity currently receive non-CDBG state or local government funding? 0 Yes El No If yes, describe source(s): Describe the organization's experience providing this service: The Tenant Hotline began in 1992 as a service to Suburban Hennepin County residents. Today we serve the entire state and have recently taken our 200,000th call. Five full time and one half-time staff attorneys, along with two full-time Spanish Speaking Tenant Advocates, and a half-time Somali Tenant Advocate work on the hotline along with 50-75 law student volunteers each year. List the names, position titles, and brief qualifications of staff who will be primarily responsible for delivering this activity (attach additional pages if necessary): Mike Vraa, Managing Attorney! Hotline DirectorMike manages and oversees all operations of the tenant hotline. On staff since 1996 after serving one year as a VISTA volunteer with HOME Line, Mike received his law degree from Boston University in 1995. Paul Birnberg, Senior Housing AttorneyPaul is HOME Line's most experienced attorney and is seen as an expert in tenant/landlord law in Minnesota. He helpedrs as a contractdevelop the State Bar Association's model lease. Paul joined the staff full time in 1997 after two yea attorney with HOME Line. Paul received his law degree from the University of Minnesota in 1992. Matt Eichenlaub, Housing AttorneyMatt earned his law degree from Hamline University School of Law in 2005 and became licensed to practice that same year. His main area of focus at HOME Line is foreclosures as they relate to tenants and tenant advocacy issues. Matt joined HOME Line in April 2008. Samuel Spaid, Housing Attorney Samuel Spaid is a staff attorney with HOME Line since November of 2010. He began volunteering in 2007 and helps train and supervise volunteers, assists with managing HOME Line's tenant hotline database, and gives frequent presentations on Landlord/Tenant law. Pattye Hechter, Housing Attorney Patty works as a half-time attorney for HOME Line. She has either volunteered with or worked for HOME Line since 2009. Patty obtained her law degree from the University of Minnesota in 1992. She advised residential landlords for 20 years and therefore has unique insight to advise her residential tenant clients. Grace Hoffman, Spanish Speaking Tenant Advocate Started in July, 2015. Grace graduated from St. Mary's University of Minnesota in 2014 and holds a BA in Spanish and Global Studies. She has worked as a Community Legal Education Assistant promoting access to justice through technology. She now offers bi-lingual services for HOME Line's tenant hotline. Zeynab Egale, Somali Speaking Tenant Advocate. Started in June, 2014. As a student at the University of Minnesota, Zeynab volunteered as an intern for HOME Line in 2012 to conduct outreach to the Somali community. She graduated from the University of Minnesota in 2013 with a BA in Global Studies and African and African American studies. CITY OFBROOKLYN CENTER A GREAT PLACE TO START, A GREAT PLACE TO STAY wwwcityofbrookIyncenter org Urban Hennepin County Community Development Block Grant Program (CDBG) FY2017 (July 1, 2017 thru June 30, 2018) Application Request for City of Brooklyn Center Funds Supplemental Application Due: Friday, January 20, 2017 by 4:30 PM Public Hearing: February 8, 2016 YOU MUST COMPLETE AND RETURN THIS FORM TO BE CONSIDERED AS AN APPLICANT Organization Name: Avenues for Homeless Youth Program Name: Brooklyn Avenues Purpose: Emergency shelter and transitional housing with support services for homeless youth in the NW suburbs Page 1 of PROGRAM PROPOSAL 1) Proposed program and objectives. Be concise, yet thorough in describing the activity of only the program for which funding is being sought, and in only as much detail as needed. CDBG funds cannot be used to replace current program funds. If this is an existing program and your organization did not receive Brooklyn Center CDBG funds last year. the funds must be used to expand the program or services. Brooklyn Avenues is a 12-bed shelter and transitional housing program for homeless youth, ages 16 to 21, from the northwest suburbs of Hennepin County. Homeless youth are provided the following supports: Crisis and Basic Needs: Upon arrival, Avenues staff address youths' immediate and crisis needs. We meet their basic needs by providing clean bedrooms and bathrooms, laundry facilities, three nutritious meals per day, clothing, personal hygiene supplies and bus tokens. Youth counselors and case managers provide direct care and guidance for the youth 24 hours per day. Intensive Case Management: Once youth are more stable, they are able to take advantage of Avenues' services designed to help them begin healing from their trauma, identify and start pursuing longer-term goals. Youth work with their case managers to develop a personalized plan for more independent living or reunification with family. Plans identify goals and action steps around immediate needs, employment, education, housing, mental and physical health, life skills and relationships. Avenues provides ongoing support, advocacy and service coordination with social services, educational and justice systems. Integrative Health and Wellness: The health and well-being of our youth is a paramount concern, especially given the traumas most have experienced and their lack of health care. Avenues provides health education, on-site nursing and mental health therapy. This program has been expanded significantly in response to the increasingly complex needs of our youth. Today, we have a half-time mental health professional and interns on-site and contract with the Annex Teen Clinic for nursing consultation. Youth Empowerment: The youth are given the opportunity to participate in job interviews with prospective staff. Youth are encouraged to set and achieve goals. Members in the community provide wide-ranging classes ranging from on cooking to creative writing. After-Care Supportive Services: When youth move out of Avenues, most youth use our after-care supportive services. We stay connected with our youth to support them as they navigate independent living (for those in stable housing arrangements), family issues (for those who moved in with family) and homelessness (for those who are not yet in stable housing). At any point in time, we are providing varying levels of support to over 50 young people who are no longer living with us. Page 2 of 7 Describe the anticipated results and accomplishments for your proposed program. Include information and statistics regarding Brooklyn Center local needs and population to be served. Avenues for Homeless Youth reduces the number of youth living on the streets and in other unstable situations. Brooklyn Avenues reduces the number of youth who are without stable and safe housing. In calendar year 2016, Brooklyn Avenues served 99 youth. Of those, 61 used the emergency bed only. 9 youth used both the emergency and program bed and 29 stayed at Avenues. Those using the program bed stayed for an average of 122 days. We anticipate that Brooklyn Avenues will have very close to the same number of youth in the coming year. Upon leaving the program, it is anticipated that at least 70% will move into stable housing. We provide all our youth access to housing and supportive services to help them pursue their personal goals. We design programs and services to have a lasting impact on our youth so they become thriving adults and make progress toward the following outcomes: ATTITUDE o Youth have more hope / a positive future orientation e Youth have an increased positive attitude o Youth feel more motivated o Youth build trust among their peers o Youth show pride in progress they have made SKILLS • Youth build life skills • Youth pursue their personal interests • Youth have improved self-worth • Youth engage in self-care and physical activity • Youth improve nutrition • Youth seek medical and mental health care • Youth avoid destructive behaviors • Youth follow through on commitments CONNECTIONS • Youth have connections with caring adults • Youth make connections with community resources • Youth are more willing to let people help • Youth are interested in helping others STABILITY • Youth gain and maintain employment or public benefits, as needed • Youth learn and manage financial responsibilities • Youth secure and manage long-term, stable housing • Youth pursue training and educational goals • Youth pursue personal health and wellness Page 3 of 2)Do other originations provide Brooklyn Center residents the same, or similar, services for which you are requesting funding? State the organizations and briefly explain why your program is nessiatry to meet the needs of Brooklyn Center residents. Brooklyn Avenues is the only organization providing this service to Brooklyn Center residents. 3)Do you plan to provide this service to other cities or jurisdictions? 4)If yes, will CDBG funds be used? EYes LINo Brooklyn Avenues serves youth ages 16-21 in the NW suburbs. We will be seeking CDBG support from New Hope, the Hennepin County Consolidated Pool and Brooklyn Park. Yes, CDBG will be used if awarded. Funds will be used to support the staff activities at Brooklyn Avenues. 5)Please describe how you plan to record and report accomplishments and monitor the results. Avenues for Homeless Youth uses both quantitative and qualitative tools to measure its effectiveness in helping youth achieve their goals. Quantitatively, we track the youth participation and progress toward goals, such as housing, education, employment and life skills training. We support over 300 youth every year, getting them out of crisis and helping them move toward stable independent living. Fully 70 to 75% of youth who live and participate in our programs move into stable living arrangements and 100% make progress on other goals. We are constantly assessing how well our youth are gaining a sense of safety and stability, developing a positive orientation to the future, building a healthy sense of self-worth and avoiding self-destructive behaviors. 6) Please describe how your program meets one or more of the City's priorities listed below. (Check all that apply) See attachment for more information about city priorities. Resident Economic Stability Enhanced Community Image Inclusive Community Engagement Strengthened and Empowered Youth Describe: Brooklyn Avenues in in alignment with the following City priorities: 1.Resident Economic Stability: Avenues keeps homeless young people in their home community and connects them with local opportunities. We provide youth with assistance for goal-setting for their education and career development. We engage with community employers to create internships and job training opportunities. We partner with Brooklyn Bridge Alliance for Youth to connect our youth with opportunities. 2.Enhanced Community Image: Overall, being a community that supports homeless youth demonstrates that the City cares about its youth and wants to create local opportunities for them. In addition, having a program like Brooklyn Avenues greatly reduces the risk of homeless youth being sexually exploited or engaging in youth-led crimes. Page 4 of 7 3.Inclusive Community Involvement: Faith-based and civic organizations have become integrally involved in the success of Brooklyn Avenues. 4.Strengthened and Empowered Youth: Youth at Avenues are provided the skills and tools to increase their independent living skills. They engage in positive youth development activities, including service learning activities, internships and the opportunity to engage in program decision-making (e.g., interviewing prospective staff and weekly house meetings). Program Performance 7)Please describe how this program is ready for implementation and what steps would need to be taken before this program can be started. Brooklyn Avenues opened in February 2015 and has been at full-capacity since it opened. 8)Please describe your experience administering federal/public funds and how you have been able to meet the compliance requirements. Avenues has significant experience, past and current in administering public funds. Avenues has significant experience administering public funds. In addition to our current CDBG grants, Avenues administers grants and contracts with the following governmental entities: - US Department of Human Services, Federal Youth Services Bureau (FYSB) - MN Department of Human Services, Office of Economic Opportunity - Hennepin County Housing & Homeless Services - Department of Education Food & Nutrition - Group Residential Housing. Avenues has consistently met and will continue to meet all compliance and reimbursement requirements for its public funding. 9)Have you ever been approved for federal/public funds and not met the reimbursement requirements or found to be out of compliance with the regulations of a funding agency, if so please explain? No 10)If you have previously been funded through CDBG funds through Brooklyn Center, please provide a breakdown of the services that have been provided to Brooklyn Center residents and the accomplishments. Please include demographic information, how many served, and associated expenses or other financial implications. -How many customers were provided service in Brooklyn Center for the 2016 Calendar Year? 6 -How many customers were provided service in Brooklyn Center for the 2015 Calendar Year? 6 Page 5 of 7 -What was the average cost per customer served? $7,870.94 -Please provide the demographics of the customers served in 2016. Of the youth who were in the program, 50% were female, 49% were male and 1% were transgender. 77% were Black or African American, 14% were White, 5% were Black and White, and 5% are Hispanic and the remaining are identified as other. 74% are 18-21 and 26% are 16-18 years of age. -Please describe the services that were provided Avenues provided basic needs such as housing, food, laundry facilities but supportive services as well. There is staffing 24 hours a days, 7 days a week. Youth receive life skill training, education and career support, mental health support, and nursing care. By signing the statement below you are certifying your organization has the capacity to participate in the CDBG process and can provide the required documentation in the implementation schedule. I certify that all answers to the above questions are true and accurate. I understand that any false information on or omission of information from this supplemental application will be cause for rejection of this application or termination of funding. Applicant's Signature: Title: Executive Director Date:1/19/2017 Received by: Time: Page 6 of 7 J1.IiS]iiiNit11 1uI]YAYIIilIE* Deborah Loon, Executive Director Deborah joined Avenues for Homeless Youth in February 2008 as the organization's interim executive director. After leading the organization to stability, she realized she was hooked on the work of supporting homeless youth and agreed to continue as its executive director. Deb has led Avenues' significant program and organizational growth in recent years. Deb has a Bachelor's Degree from St. Olaf College and extensive experience in the for-profit sector, including in management, government relations and public relations. She serves on the Board of Directors for Clare Housing and the Advisory Board for Rebuilding Together -Twin Cities. Zayed Ahmed, PhD, LPCC, LICSW, Program Director Zayed was promoted at Avenues for Homeless Youth as its Program Director in November 2015 after spending two years as the organization's part-time mental health therapist and clinical consultant. Dr. Ahmed received her Doctorate of Philosophy in Psychology from the Sofia University in Palo Alto, CA. She holds the licensures of Licensed Professional Clinical Counselor (LPCC) and Licensed Independent Clinical Social Worker (LICSW). Along with her strong individuality and enthusiasm for working with youth, she brings with her experiences working in various counseling capacities at The Emily Program, Face to Face, l<ente Circle, Amicus, and Family and Children's Services. Peter Fischer, Director of Finance & Operations Peter joined Avenues for Homeless Youth in June 2007. As the Director of Finance & Operations, he is responsible for all facility operations, human resources and financial management. Peter holds a Bachelor's degree in Business and has over 30 years of business, operations, and general management experience. He was elected to the Minnesota House of Representatives in 2012 and re-elected in 2014. Donnell Bratton, Brooklyn Avenues Program Manager Donnell joined Avenues in December of 2013 as a Youth Counselor. Donnell holds a Bachelor Degree in Pastoral Counseling and has over 15 years of experience working with youth. Donnell also serves as founder and Senior Pastor of a St. Paul-based church since 2008. Chandler Jayasekera, Case Manager Chandler joined Avenues in January 2013 as a case manager. Chandler has a Masters of Arts in Christian Education and a Bachelor of Arts in Education. Sara Huffman, Youth Counselor Sara first joined Avenues in 2014 as an intern while she was a graduate student. She obtained her undergrad degree in Social Work from Augsburg. She became a full-time employee in 2015. Sara Larsen, Youth Counselor Sarah joined Avenues in 2015 after receiving her Masters in Social Work. She has an undergraduate in Social Work. Internal Revenue Service Date: SeptérTiber 13, 2004 Avenues for Homeless Youth 1708 Oak Park Avenue North Minneapolis, MN 55411 Dear Sir or Madam: L!L.iL;11 Person to Contact: Stephanie Broach-Camp 31-04022 Customer Service Specialist Toll Free Telephone Number: 8:00 a.m. to 6:30 p.m. EST 877-829-5500 Fax Number: 513-263-3756 Federal identification Number: 41-1765140 This is in response to the amendment to your organization's Articles of Incorporation filed with the state on June 2, 2004. We have updated our records to reflect the name change as indicated above. In February 1995 we issued a determination letter that recognized your organization as exempt from federal income tax. Our records indicate that your organization is currently exempt under section 501(c)(3) of the Internal Revenue Code. Our records indicate that your organization is also classified as a public charity under sections 509(a)(1) and 170(b)(1)(A)(vi) of the Internal Revenue Code. Our records indicate that contributions to your organization are deductible under section 170 of the Code, and that you are qualified to receive tax deductible bequests, devises, transfers or gifts under section 2055, 2106 or 2522 of the lnternal Revenue Code. If you have any questions, please call us at the telephone number shown in the heading of this letter. Sincerely,A,x4t4 A! A2A) Janna K. Skufca, Director, TE/GE Customer Account Services Funding Source Amount Secured Proposed 2017 CDBG $30,000 State MN Dept Human Services $100,000 Yes County Hennepin County contract $100,000 Yes Municipal Brooklyn Park In-Kind Rent $50,000 Yes United Way of Greater Twin Cities $68,000 Yes Foundations $15,000 Partially Community Donations Individuals, Organizations $90,000 Partially In-Kind Community $33,333 Partially Group Residential Housing State of Minnesota $70,000 Partially Avenues General Fundraising $272,109 Partially Total $827,443 1708 Oak Park Ave N Minneapolis, MN 55411 Phone: 612522.1590 Fax: 612.522.1633 www.avenuesforyouth.org Hennepin County CDBG Funding Request FormHProgram Year 2017 Public Services Organization Information Agency/Organization Name: Avenues for Homeless Youth Address: 1708 Oak Park Ave N Organization Type: DGovernment Non-Profit OFor-Profit DOther:Decdbe 1 ipphcahle Name of Primary Contact: Julia O'Brien Title of Primary Contact: Director of Development Primary Contact Email: jobrien@avenuesforyouth.Org Primary Contact Phone: 612-844-2012 Activity Information Activity Name: Brooklyn Avenues Amount of 2017 CDBG Funding Request: $10,000 Description of Activity: Provide housing and supportive service to homeless youth in the nw suburbs of Hennepin County. Activity Service Area:Youth in the nw suburbs of Hennepin County Service Delivery Location Address (if applicable): 7210 76th Ave N Brooklyn Park MN 55426 How many persons were served by this program in the last 12 months? From January 1, 201 6-Dec.31, 2016,99 youth were served. 61 youth used the ebed, 29 youth were in the program beds. 9 youth used both the ebed and the program beds. How many persons will be served by this program from July 1, 2017 through June 30, 2018? Over 100 youth will be served What percentage of clients served are low- and moderate-income persons? (Note: CDBG requires at least 51% of clients served to be at or below 80% of Area Median Income) 100% Who is the target clientele? Homeless youth ages 16-21 What needs does this activity address? Housing, basic needs and supportive services for homeless youth. Is the need for this activity growing? Yes, the need is growing. Every three years, Wilder Research conducts a detailed, statewide count of homeless persons in Minnesota. In the most recent study in 2015, there are 6,000 homeless youth, ages 16-24 in Minnesota The actual number of youth experiencing homelessness is likely higher. Minnesota has very limited youth-specific shelter and transitional housing capacity. The fact is that about 87% of homeless youth in the state are on the streets, couch-hopping, riding buses all night, or staying in other unstable situations that can be unsafe, including adult shelters. How does the program address these needs? Brooklyn Avenues provides housing and services for homeless youth. Is this a priority need identified in the 2015-2019 Consolidated Plan? This is a a High Priority service as it meets the High Priority Community Development Need under Youth Services, Strategy 8, calling for outreach and intervention services, particularly to homeless and runaway youth and youth at risk. In addition, it provides for support services for immigrant youth - many of whom are from African nations and homeless. Is this a need not currently or adequately being addressed by other programs/activities? There is no other organization providing these services. Describe any multi-community, multi-agency, or public/private partnerships and support: Strong leadership and financial support has come from cities' employees and councils, police departments, faith-based and civic organizations, school partners, other youth serving nonprofit organizations and the general public. Funding Sources Spriirpd? 2011 Funding sources Proposed 2017 CDBG Other Local Government Clici; I;to to nter iot.CH;k hi to utc'r ;xt Other Federal Government State SEE ATTACHMENT (attach additional pages it necessary) Has this activity received CDBG funding in the previous year (2016)? 0 Yes 0 No Does this activity currently receive non-CDBG state or local government funding? Yes 0 No If yes, describe source(s): government funding is listed in the funding sources attachment Describe the organization's experience providing this service: Avenues has been in existence for over 22 years and both the organization and key staff has significant experience, education and strong community connections to support homeless youth. See attachment for key personnel. List the names, position titles, and brief qualifications of staff who will be primarily responsible for delivering this activity (attach additional pages if necessary): See attachment Deborah Loon, Executive Director Deborah joined Avenues for Homeless Youth in February 2008 as the organization's interim executive director. After leading the organization to stability, she realized she was hooked on the work of supporting homeless youth and agreed to continue as its executive director. Deb has led Avenues' significant program and organizational growth in recent years. Previously, Deb provided nonprofit organizations with transitional leadership and strategic change consulting services for nine years, and served a wide variety of organizations as their interim executive director. Deb has a Bachelor's Degree from St. Olaf College and extensive experience in the for-profit sector, including in management, government relations and public relations. She serve's on the Board of Directors for Clare Housing and the Advisory Board for Rebuilding Together—Twin Cities. Zayed Ahmed, PhD, LPCC, LICSW, Program Director Zayed was promoted at Avenues for Homeless Youth as its Program Director in November 2015 after spending two years as the organization's part-time mental health therapist and clinical consultant. Dr. Ahmed received her Doctorate of Philosophy in Psychology from the Sofia University in Palo Alto, CA. She holds the licensures of Licensed Professional Clinical Counselor (LPCC) and Licensed Independent Clinical Social Worker (LICSW). Along with her strong individuality and enthusiasm for working with youth, she brings with her experiences working in various counseling capacities at The Emily Program, Face to Face, Kente Circle, Amicus, and Family and Children's Services. Peter Fischer, Finance & Operations Director Peter joined Avenues for Homeless Youth in June 2007. As the Director of Finance & Operations, he is responsible for all facility operations, human resources and financial management. Peter holds a Bachelor's degree in Business and has over 30 years of business, operations, and general management experience. He was elected to the Minnesota House of Representatives in 2012 and re-elected in 2014 and 2016. Julia O'Brien, Development Director Julia joined Avenues in March 2015. She coordinates relations with the civic organizations, corporate community, foundations and individuals. Julia has been involved in the non-profit sector as both a board member and employee for many years. She began her career in investments and was a VP for Wells Fargo before she transitioned to the non-profit sector. Julia holds a BA in History form University of Wisconsin-Madison and an MBA from St. Thomas University. Ryan Berg, Program Manager, ConneQl Host Home Program Ryan joined Avenues in November of 2013 as a Youth Counselor. He was promoted to Program Manager of our Minneapolis and Suburban Host Home Program in 2014, then became Program Manager for our new ConneQT Host Home Program in spring of 2016. Before coming to Minnesota, Ryan was a residential counselor and case manager for LGBTQyouth in foster care in New York City. In addition to youth work, Ryan is a published author, focusing on the crossroads between youth, poverty, sexuality, homelessness and health. His book about LGBTQyouth homelessness and foster care, "No House to Call My Home: Love, Family and Other Transgressions," was recently published by Nation Books and won a Minnesota Book Award in 2016. Ryan holds a Masters in Fine Arts from Hunter College. Donnell Bratton, Program Manager, Brooklyn Avenues Donnell joined Avenues in December of 2013 as a Youth Counselor, but quickly advanced into management and leadership positions. He has served as the Program Manager for Brooklyn Avenues since preparation for the program's early 2015 started in mid-2014. Donnell holds a Bachelor Degree in Pastoral Counseling and has over 15 years of experience working with youth. Donnell also serves as founder and Senior Pastor of a St. Paul-based church since 2008. Raquel (Rocki) Simöes, MSW, LISW, Program Manager, GLBT Host Home Program Raquel is a white Brazilian who came to the United States in the late 80s, fell in love with women and rice krispies treats (not necessarily in that order) and decided to stay. Most of her community organizing work has focused on queer youth, homelessness, and social justice. Most of her personal work has focused on being a loving friend, partner, ex-partner, anti-racist community member, and parent. On a good day she does some of these things well. Rocki has been at Avenues since 2007 and has a long history with the GLBT Host Home Program, which she helped start in 1997. She was honored for her work with a True Leadership Award by the True Colors Fund in September 2015. Zachary lift, Program Manager, Minneapolis Avenues Zachary joined Avenues in July of 2016. He has supported individuals and families through his work at social service nonprofit organizations in the Twin cities for nearly 20 years. He started college as a teen father and graduated with a Bachelor of Science in Human Services Administration after 13 years of grit and perseverance. He and his wife have nine children and believe in walking with people over the long run to help them get to where they want to go. Prior to joining Avenues, Zachary held positions with Way to Grow, FATHER Project, St. Paul Urban League, MELD for Hmong Parent & Young Dads Program, YouthLink/St, Barnabas, African American Family Services, YMCA 24/Seven, and the Catholic Charities Young Fathers Program. Zachary and his family are dedicated to helping build the only respite and hospice home for children in the Midwest. Elaine Woods, Program Manager, Avenues for Young Families Elaine has supported individuals and families through her work at social service nonprofit organizations in the Twin Cities for over 17 years. As long as there is need, she plans to retire from the field. Elaine joined Avenues in 2011 as a Youth Counselor. Because of her dedication to the youth and team at Avenues, she has been promoted several times - to Case Manager in 2012, After Care Coordinator in 2013, Program Manager in 2015, and Program Manager of Avenues for Young Families in 2016. Prior to joining Avenues, Elaine held positions with The Link, Freeport West, Harriet Tubman Family Alliance, Minnetonka Heights, Lutheran Social Services, Episcopal Community Services, and House of Hope Westminster TLP Programs. She has served on the Board for Harrison Neighborhood Services. i::I7 ©I © BROOKLY A GREAT PLACE TO START, A GREAT PLACE TO STAY www,cityofbrOOI(Iynceflter.org Uirh npin County Commuuity Dveiopmet l3llock Grinn Pli'ogrn (CIBG) FY20117 (Jluily 1, 2017 thru Juine 30 9 2018) Ap ^pfflmflpon Request for City _m' Brooklyn Center Fnrds Sup [Me mih A[[r© J PLthOIC Heithg: Lebrua'y 8 2016 YOU MUST COMPLETE AND RETURN THIS FORM TO BE CONSIDERED AS AN APPLICANT Organization Name: Brooldyn Center Timber Bay Program Name: Supporting Students Through After School Hours Counseling and Enrichment Purpose: To create positive after-school and summer experiences that enrich, educate and empower teens at Brooldyn Center Community School. (ORdkM' Q) ((Jft ii' rE011.Does your Organization have a 501 (c)(3) status?X 2.Do the activities benefit at least 51% low- and moderate-income households with less X than 80% Area Median Income (AMI) as stated by HUD AND are you able to provide Income-eligible certification for all clients? 3.Does your organization have the staff capacity to administer the program?X 4.Do you understand and are capable of providing all required documentation to obtain X reimbursement? 5. Which of the following Eligible Public Service Activities will the program provide? (Choose All that apply) o Job Training X Lii • Homelessness Prevention X • Fair Housing L X • Financial Literacy LI x • Emergency Assistance X LI • Domestic Abuse shelter and Counseling LI X • Senior Service LI X • Youth Counseling and Activities X LI Page 1 of 16 : HR KI H f'. I •tJjf I)ff''i\I) PROGRAM PROPOSAL 1) Proposed program and objectives. Be concise, yet thorough in describing the activity of only the program for which funding is being sought, and in only as much detail as needed. CDBG funds caimot be used to replace current program funds. If this is an existing program and your organization did not receive Brooklyn Center CDBG funds last year, the funds must be used to expand the program or services. The purpose of this grant application is to expand p ro g ram mi n g services provided by Brooklyn Center Timber Bay to students at Brooklyn Center Community School. Brooklyn Center Timber Bay (BCTB) is part of the larger organization of Youth Investment Foundation/Timber Bay, which was established in 1970. Timber Bay currently has branches in 12 communities in Minnesota. The premise behind all of Timber Bay's programs are that teens are facing new challenges and pressures every day including violence in schools, difficult choices around sex and substance use, missing or incarcerated parents, poverty, mental health issues, homelessness and other types of trauma. The population that Timber Bay serves often does not have access to services to address these issues due to a lack of community and/or financial resources. Brooklyn Center Timber Bay (BCTB) began in 2011 and serves middle and high school students in grades 6 tol2 at Brooklyn Center Secondary School. The programming provided by Brooklyn Center Timber Bay is research based and puts into practice the elements of two main researchers: Bonnie Bernard's "Fostering Resiliency in Kids" and Dr. Perter Benson and Search Institute's work with 40 Developmental Assets that youth need to succeed. The resiliency research identified the characteristics of resilient youth: social competence, problem solving, autonomy and a sense of purpose or hope for a bright future. This research further identifies "protective factors" that can alter or reverse negative outcomes for high risk youth are 1) caring and support, 2) high expectations and 3) youth participation and involvement. BCTB, through their programming, increases these protective factors in the students who are most needy. According to Bernard's research, the critical components in fostering resilienc throuuh direct service pro uramminu reciuires the establishment of mutual relationships of care, respect and trust between students and professionals. In doing this, conditions are being created that allow youth to realize their innate potential for social competence, problem solving, a sense of identity and hope for the future. Page 2 of 16 All of the programming provided by Brooklyn Center Timber Bay utilizes the concepts of resiliency by providing programs that enhance "protective factors" in a young person's life, providing opportunities for receiving "caring and support", participating in enrichment activities in their school and community and establishing trusting and supportive relationships with the BCTB staff. Brooklyn Center Timber Bay also utilizes the research done by Dr. Peter Benson and Search Institute who identified 40 key developmental assets that youth need to be successful. These assets are divided into two areas: External Assets or those things in a young person's environment that will support nurture and empower them and Internal Assets or "attitudes, values, and competencies that belong in the head and heart of every child". The more assets a young person has, the less likely they are to engage in at-risk behaviors and the more likely they are to be successful in life. BCTB's programs promote asset development in youth by providing the external assets of support, empowerment, high expectations, and constructive use of time. The program also aids in developing the young persons' internal assets of commitment to learning, positive values, social competencies and a positive identity. Mentoring is also an important program component of BTB. Mentoring can be defined as a developmental strategy in which a supportive individual works with youth to build relationships that offer encouragement, guidance, support and creating an opportunity for a youth's voice to be heard. Studies have shown that students who have had mentoring relationships get better grades in school, have better rates of high school completion, have more positive beliefs about their ability to succeed in school, have improved self-esteem and have greater acceptance by peers (National Mentoring Partnership, 2012). For the purposes of this grant application, we are requesting funding to enable Brooklyn Center Timber Bay to expand the number of program activities in which students can participate and to serve an increased number of students. The majority of activities described below take place during the school year at school during after school hours. The specific components of BCTB's programming that will be provided to identified students in grades 6 through 12 at Brooklyn Center Secondary School consists of: e One-on-one Mentoring/Support: regular one-on-one mentoring is available to students who participate in the BCTB program and can also meet individually with staff when needs arise. Student meet after school where youth can discuss their Page 3 of 16 concerns, be supported and learn problem solving skills from staff and their peers. These meetings allow youth to develop a relationship with a caring staff member from Timber Bay who can provide personal support and encouragement to make healthy choices. The groups also support students to improve their school grades, attendance and any discipline issues. Weekly Activities: these include after-school Open Gym at BCHS, outdoor sports, field trips and more. Large Group Gatherings: teens gather weekly to learn about positive relationships, anger management, decision-making, self-worth, responsible living and more. Students needing transportation to this event can be picked up at school by Timber Bay staff. Transportation home can be either on the school's late bus when available, or by Timber Bay staff. Summer Programming: BCTB is a 12-month program with a variety of activities and mentoring that takes place in a variety of locations. This includes Outdoor Adventures where youth experience trips to the outdoors to teach life skills deepen relationships and build confidence. Timber Bay Camp: While most of the work done with students' takes place at or around Brooklyn Center Secondary School, outdoor camping activities take place on weekends and during the summer months. This part of the program offers students and parents, who have often never had an opportunity for a camping experience, a weekend away from peer pressure, the intrusion of technology and life's hassles. Activities include swimming, volleyball, basketball, fishing, yard games, Frisbee golf and many more. In Addition, the funds received through this grant will be used for the following enhancements to BCTB's current programming: 1.Two additional Timber Bay Camp experiences for students in Winter and Spring of 2018 —the goals of this experience are to cement relationships with BCTB staff through recreational activities in a nature setting. In addition, there will educational component that includes life skills. 2.Fall Overnight Retreat (2017) for 10 students to build relationships and learn life skills. 3.Job Training - through individual and group counseling, senior high students will learn about skills necessary to help them in seeking jobs, both now and in the future. These include: developing a resume, completing job applications, and interviewing skills. Also, the importance of a good work ethic will be discussed. 4.Additional after-school support groups for girls and boys - there is a need for more after-school support groups for students at Brooklyn Center Community School. As BCTB's staff has created an on-going presence in the school in providing support services for students who are dealing with Page 4 of 16 many high-risk issues, more students are coming forward to seek counseling. Therefore, BCTB will be providing more small support groups. 5.Additional mentoring opportunities for additional students - student needs in the area of support for dealing with life issues has been on the rise the past two years. More and more students are facing personal, as well as, family crisis issues. These students often are also having academic and discipline issues at school. Providing regular mentoring sessions gives these students someone to help them problem-solve and just be there to listen to them - to be a caring friend. 6.Service Learning opportunities— staff will have some students assist in helping in the community through service projects. One of these is called the Kitchen Crew where students who attend Timber Bay Camp work in the kitchen to learn intermediate culinary skills and kitchen management. 7. An Alumni Program will be developed for students who have graduated from Brooklyn Center Community School to help them transition between high school and post-secondaiy schooling and/or gain support in independent living skills, such as gaining jobs and housing. Specific program objectives include: • Staff will develop caring relationships with students who need support with both school and personal issues. • Staff will assist students in problem-solving personal issues. • Staff will give students the skills necessary to make healthy decisions. • Staff will help students assist students in dealing with academic and school discipline issues, including identifying how they might do things differently in the future. • Students will learn life skills to help them cope with their personal life issues and gain a sense of responsibility for the future. • Students will learn job training skills to help them secure employment in the near and distant future. • Students will learn healthy decision-making skills. • Students will gain a sense of the importance of contributing to the community. The population served will be students in grades 6 through 12 from Brooklyn Center Community School. Brooklyn Center Schools is the only Full Service Community School District in Minnesota. "Full service schools aim to provide support to their individual communities. They survey their feeder neighborhoods to learn exactly what the needs are, then tailor their plans accordingly. The idea is to make schools the go-to places to find support for students, families and communities" (Star Tribune, January 5, 2016). This model was implemented in 2009. Center Community School serves a stricken and culturally diverse 2) Describe the need in Brooklyn Center that you will be addressir Page of 16 student population of 973 students for the 2016/17school year. Some statistics from the 2015/16 school year that support this are: 88% non-white (last year 77%) o 82% Free and Reduced Lunch (last year 77%): Note as asked at the beginning of the application, we must be targeting low and moderate income households according to HUD. For 2016, HUD guidelines for a family of 3 Very Low Income is $38,650, Low Income is $59,150, and Median Income is $85,845. As of July 1, 2016, the federal criteria to qualify for Free and Reduced Lunch for a household of 3 must be at or below $26,208 for Free Lunch and $37,296 for Reduced Lunch. Therefore, the majority of students at the school and being targeted by this grant application fit the required criteria. o The school has 31% mobility (9t highest in the state) - students moving in and out of the district during the course of a year. The target population lives in the City of Brooklyn Center. The city is a first-ring suburb of Minneapolis, MN and is currently the third largest city in Northwest Hennepin County with a population of 30,770 (2015 Census Data). It also is the only first ring suburb whose population is made up of a greater percentage of non- white residents than white. This is also a community where many residents are living in poverty, experiencing unemployment and homelessness, mental health and substance abuse issues. Knowing that these needs are facing the youth of Brooklyn Center Community School and as part of the community school model, Brooklyn Center Timber Bay was brought in as a collaborating partner in 2011 for after school and summer programs to serve the students who are most at risk. The majority of students at Brooklyn Center Secondary School live in poverty or low income homes. Research has clearly demonstrated that living in poverty has a wide range of negative effects on the physical and mental health of students. Poverty often leads to a wide range of traumatic experiences including hunger, homelessness, unemployment, poor academic outcomes, dropping out of school, student mobility and increased crime rates (National Center for Trauma and Loss, 2013) These are the students who will be served through BCTB. The risk factors of the students being served include, but are not limited to being disconnected from school, lagging in academic achievement, being truant from school, experiencing substance abuse, lacking in positive role models, being involved in the justice system, being in an unstable home environment, and/or have experienced trauma. Page 6 of 16 3) Describe the anticipated results and accomplishments for The expected results and accomplishments will come about as a result of the history of collaboration that has taken place between Brooklyn Center Timber Bay and Brooklyn Center Community School over the past five years. Over the years, this collaboration has led to increased services for high risk students. However, the students in need of support continue to grow which is why BCTB needs funding to expand their services. There is no substitute for time with a young person and BCTB staff invests countless hours helping youth navigate life through time spent with caring adults, especially during the after-school hours when so many students are on their own with little to do. This is often the time when youth who are high risk can get into personal or legal trouble. BCTB provides services so that youth can engage in healthy activities and reduce risky behaviors. Program staff will also connect family and youth to additional school and community resources as individual needs might indicate. Additional expected outcomes for student participation in Brooklyn Center Timber Bay include: • Increased academic motivation and achievement • Increase in the number of students being connected to school and the surrounding community • Increase in parents being connected to school and finding support and encouragement to help their children be successful • Improved parent/child relationships • Decreased crime rates during after school hours o Improved attendance o Decreased discipline issues for student participants o Increase in constructive use of time o Increased self-esteem and a sense of purpose for student participants o Increase in the number of youth who see themselves as valuable and who realize they can be a resource both to their school and community o Increased positive view of personal future. In addition, BCTB has the staff capacity as detailed in question 3, to administer the program and will be capable of providing all required documentation to obtain reimbursement through the main financial department of Youth Investment Foundation/Timber Bay. It is however, the goal of BCTB to increase their staff capacity through this grant to serve more students and provide additional needed programming. 4) Do other originations provide Brooklyn Center residents the same, or similar, services for which you are requesting funding? State the organizations and briefly explain why your program is nessiatry to meet the needs of Brooklyn Center residents. I Page 7 of 16 The City of Brooklyn Center, as previously stated, is a community whose citizens, including youth, are living in neighborhoods where they are experiencing the trauma of poverty, unemployment, mental health and substance abuse issues and crime. At the same time, this is a community that does not have significant resources to help those families seeking help. There are a few programs that provide counseling services for the issues stated above including Counseling Clinic, Inc., Healthwise Behavioral & Wellness, Canvas Health, and a variety of individual therapists. The services provided by these organizations generally specialize in psychological and psychiatric services, counseling and mental health and substance abuse treatment. Recently, Hennepin County opened its first regional office to provide human services at the Northwest Family Service Center in Brooklyn Center. Services include Child Support, food support, cash assistance, health care programs and emergency assistance. Partners in the building are: 1) Community Emergency Assistance Program (CEAP) that has a food shelf, clothing closet and more and 2) Osseo Area Schools who provides K-12 enrollment in their schools and adult education services. Brooklyn Center Secondary School being a full-service Community School does offer a variety of other services including health clinic, family resource room, college access center, recreation center and an out-of-school programs office. Parents can receive help paying energy bills, tips on writing resumes and legal assistance to help obtain U.S. citizenship. Brooklyn Center Timber Bay is a unique program whose mission is to provide life- changing services and a safe place for high risk youth and their parents. This is accomplished by providing the relevant programming previously described and one- to-one mentorship for youth with a caring adult. Teens will learn life skills that will reduce or eliminate risky choices like drug use, alcohol use, violence, acting out sexually, doing poorly in school or dropping out of school. BCTB has two fulltime staff and two-part time staff implementing their programming. The collaborative approach with Brooklyn Center Secondary School allows BCTB to provide a variety of services to meet a variety of student needs. The students and parents don't have to worry about transportation or cost of services as all BCTB services that are provided in school and in the Brooklyn Center community are free of charge. BCTB has received three donated vans and one SUV to help transport students from activities to home and to the camping experience previously discussed. This camping experience is unique to any other program in Brooklyn Center. Students and parents have opportunities to engage in (often for the first and i Page 8 of 16 time) the fun of camping experiences in a beautiful outdoor camping site complete with a lodge and additional cabins. 5)Do you plan to provide this service to other cities or jurisdictions? 6)If yes, will CDBG funds be used? [j]Yes x No No - the services described in this grant application are only for students in the Brooklyn Center School District and who live in Brooklyn Center. 7) Please describe how you plan to record and report accomplishments and monitor the results. Brooklyn Center Timber Bay is under the direction of Wayne Thyren, as Area Director. Wayne has a combined experience of more than 40 years of success working with at-risk teens and parents in urban and first ring suburbs of the Twin Cities. Wayne started as a high school teacher. His education includes Marriage and Family Counseling, as well as his expertise with teens. Wayne will guide the operating of BCTB and will supervise the staff to ensure that all aspects of the program, including recording and reporting accomplishments and monitoring results of the various aspects of the program are completed as required. In addition, an outside consultant who has extensive experience in program evaluation will be contracted to assist in compiling the data, completing the reports and providing a neutral analysis of the program evaluation components. A year-end program evaluation report will then be written that will identify program strengths, outcomes achieved and areas for improvement. This report will be given to various stakeholders in this collaborative approach to working with the identified population. Some of these stakeholders include, but are not limited to, the Program Director, Timber Bay's parent organization, Brooklyn Center Secondary School's administrators, counselors and other building staff. The evaluation plan will produce both qualitative and quantitative data with the main purpose being to determine whether the programs offered by BCTB are working as intended and also to track and record if the intended students' outcomes have been achieved. This will then identify changes that might need to be made to various aspects of BCTB'S program. The first focus of the evaluation will be the on-going process evaluation or formative evaluation. This will monitor operation of the activities, strategies, and methods used in the program. Student participants will be tracked by grade, gender, ethnicity and activities that they participate in. This will be put into an excel spreadsheet. In addition, students' school progress will be tracked to determine improvements in grades, attendance and behavior. The second focus in the evaluation will be outcome or summative evaluation to whtf1wr The exuected outcomes have been achieved. A Student Survey Page 9 of 16 will be given near the end of the school year that identifies what internal and external assets the student perceives they have gained as a result of participating in BCTB program activities. The purpose of this survey is not only to give the students a voice in identifying what they have gained, but also for BCTB to evaluate the need for on-going program changes and improvements. The external evaluator will compile the results of this survey and develop a report that synthesizes areas that the students have improved in, as well as, areas of the programming that may need improvement. The chart below shows how each of the outcomes will be monitored and evaluated. As previously stated, the program accomplishments and outcomes will be compiled and put into a January and final reports by the outside consultant who BCTB will contract with. These reports will be given to the city of Brooklyn Center, as required by this grant, Timber Bay and Brooklyn Center Community School stakeholders. 8) Please describe how your program meets one or more of the City's priorities listed below. (Check all that apply) See attachment for more information about city priorities. Resident Economic Stability LI Enhanced Community Image Inclusive Community Engagement x[I] Increased academic motivation and End of year Student Surveys achievement Increase in the number of students being End of year Student Surveys connected to school and the surrounding Tracking participation in activities community Increase in the number of students being End of year Student Surveys connected to school and the surrounding community Improved parent/child relationships End of year Student Surveys Improved attendance Track daily attendance for student participants Decreased discipline issues for student Track discipline contacts for student participants participants Increase in constructive use of time End of year Student Surveys Increased self-esteem and a sense of End of year Student Surveys purpose for student participant Increase in the number of youth who see End of year Student Surveys themselves as valuable to both to their school and community Increased positive view of future End of year Stu dent Surveys Page 10 of 16 XStrengthened and Empowered Youth Describe: Brooklyn Center Timber Bay's collaborative program with Brooklyn Center Secondary School supports two of the City's priorities: Inclusive Community Engagement and most of all Strengthened and Empowered Youth. Brooklyn Center Timber Bay's programming will provide effective and appropriate services to meet student needs. Through this collaborative approach with Brooklyn Center Secondary School, student and parent needs are not only clearly understood, but the students with the greatest needs are given special attention and through the one-to-one mentoring provided each student's needs are identified and addressed. The program engages the parents in the community in a responsive way to assist them in meeting their child's needs. As identified in Question 2, the identified population is mostly serving students flom diverse backgrounds, as this is the majority of the student body at Brooklyn Center Secondary School. During the past school year, 97% of students served by BCTB were students of color. BCTB's staff has been trained in providing culturally sensitive programming to their program participants. In addition, Brooklyn Center Secondary School's staff assists in meeting the needs of parents who may not speak English by providing an interpreter as needed. Many of the parents in this community have experienced trauma due to poverty, homelessness, mental health and substance abuse issues and domestic abuse. Many of the families are immigrants and new to the ways of the American culture and the schools in our communities. The services provided by BCTB are responsive to the needs of their participants and if unable to meet their participants' needs they refer to other community resources that are able to assist the students/families. Strengthening and empowering youth is the heart of what BCTB does. The program uses a whole person approach, paying attention to all areas of a young person's life - physical, spiritual, social and emotional. Through the programming provided youth are provided opportunities to engage in service learning and enable them to be "seen as a valuable resource" with the abilities to contribute in a meaningful way. When engaging in these activities, youth are less likely to engage in at-risk behaviors and experience violence. Students will also become more connected to their school and the community, as well as their families. Research has provided evidence that early intervention with high risk students will decrease problem behaviors at school, increase academic achievement, improve attendance and ultimately lead to higher graduation rates. The services provided are a coordinated system with the high school that provides research based programming that will help the youth become successful, contributing members of their communities. I Page 11 of 16 9)Please describe how this program is ready for implementation and what steps would need to be taken before this program can be started. Brooklyn Center Timber Bay will be ready for program implementation if funded through this grant. The program has been in operation for five years, so many improvements and enhancements have been made each year. The processes for collaborating with Brooklyn Center Secondary School have been created; group curricula and program content has been established, partnerships with the community have been created, staff has been trained and is prepared to go forward with this programming and many students in the school are aware of the staff and the programming that BCTB provides. However, through this grant application, the main goal will be the expansion of programming provided and increasing the number of students served as described. One of the most important needs for students at this time is one-to-one mentoring. Also, as previously stated, Large Group Gatherings takes place for weekly. One of the first steps that would be taken is to recruit and train community volunteers to work one-on-one with students during this time. A plan will also be developed to implement the Job Training Skills that is a new part of the programming proposed. This will be done by BCTB staff and possibly an outside consultant with expertise in this area. Program tracking spreadsheets will be developed and a letter for the parents of student participants will be revised. As described in other parts of this application, BCTB is for the most part ready to implement the programming described here. BCTB is serving a larger number of students and families each year; because of this our main goal is program expansion and enhancement to serve as many needy students and parents as possible. This includes adding an additional Family Camp in the winter for teens and other additional services. In addition, BCTB will be seeking other grant funding in order to expand their programming. This funding would supplement the income that the staff needs to raise to support themselves as Timber Bay employees and would add additional hours for the two part-time staff. PROGRAM PERFORMANCE 10)Please describe your experience administering federal/public funds and how you have been able to meet the compliance requirements. Wayne Thyren, BCTB' s Director, was previously Director of another youth serving agency. During his many years in this role, the agency received many grants and the programming provided through these grants was successfully implemented. All required reports were completed and compliance requirements were met. Page 12 of 16 The consultant that BCTB will contract with has an extensive history of writing, administering and reporting on funds received when previously employed by a local school district. With over 20 federal, state and foundation grants received by this consultant, all compliance requirements were accomplished. This included two on- site federal compliance audits and one state on-site compliance audit. This consultant never experienced an instance when all funding requirements were not met. 11)Have you ever been approved for federal/public funds and not met the reimbursement requirements or found to be out of compliance with the regulations of a funding agency, if so please explain? No 12)If you have previously been funded through CDBG funds through Brooklyn Center, please provide a breakdown of the services that have been provided to Brooklyn Center residents and the accomplishments. Please include demographic information, how many served, and associated expenses or other financial . r, i' gr, -How many customers were provided service in Brooklyn Center for the 2016 Calendar Year? 183 -How many customers were provided service in Brooklyn Center for the 2015 Calendar Year? 150 -What was the average cost per customer served? $900/student/year -Please provide the demographics of the customers served in 2016. BCTB served students from Brooklyn Center Secondary School who are poverty stricken and culturally diverse student population of 900 students for the 2015/16 school year. The students who were served through BCTB dealt with issues such as being disconnected from school, lagging in academic achievement, being truant from school, experiencing substance abuse, lacking in positive role models, being involved in the justice system, being in an unstable home environment, and/or have experienced trauma. These issues remain the same for the 2016/17 school year, however poverty levels have increased as have the trauma associated with this. -Please describe the services that were provided. Weekly Support Groups, Weekly Soccer Open Gym, One-to-One Mentoring, weekly Large Group, Weekends at Timber Bay Camp, periodic fun activities, a Service Learning Project, a small after-school support group for girls, a summer overnight experience for girls, a Page 13 of 16 Family Enrichment Night at Brooldyn Center Community School and a new Family Summer Camp. By signing the statement below, you are certifying your organization has the capacity to participate in the CDBG process and can provide the required documentation in the implementation schedule. I certify that all answers to the above questions are true and accurate. I understand that any false information on or omission of information from this supplemental application will be cause for rejection of this application or f funding Applicant's Signature: Date:1 - - Received by: Time: Page 14 of 16 1©Fh1 C©ijruinding R-,eqtiesi.Form 7 PC Sevvkes Organization Information Agency/Ovganization tame: Brooklyn Center Timber Bay Mdress: Brookilyn Center Community School, 6500 Humboldt Ave. North, Brooklyn Center, MN 55430 Orit©n Type: Dovenmeut NonPmfit DlForPr©fit DOther:Describe if applicable Nniie of Prkuary Contac1: Wayne Thyren Tide of Pthiuny Contact. Afrea Dhecto Mmairy Contact Enafl: wayne@timberbay.org Prhnanj Contact Phone: 6112J202896 Activity Information Activity tiane: Supporting Students Through After School Hours Counseling and Enrichment Amount of 2017 CDBG Funding Request: $29,850 Total Slaves for enhancement activities and additional staff hours: $25,000; Transportation (for 4 vehicles that have been donated to BCTB) Gas, insurance, maintenance ($200/month for 12 months) $2,400; Contractual Outside evaluator to complete grant reports, create program evaluation tools, compile and report evaluation results (50 hours $25/hour) $1,250; Scholarships to winter camp (15 students x $80) $1,200 Total Grant Request $20,000 Description of Acthdty: The specific components of BCTB's progranmiing that will be provided to identified students in grades 6 through 12 at Brooklyn Center Secondary School consists of: One-on-one Mentoring/Support, Student Support Groups, Weekly Enrichment Activities, Large Group Gatherings, Summer Programming, Outdoor Adventures, Timber Bay Camp. In Addition, the funds received through this grant will he used for the following enhancements to BCTB's current programming: Two additional Timber Bay Camp experiences for students in Winter and Spring of 2018, Fall Overnight Retreat (2017) for 10 students, Job Training, Service Learning opportunities and an Alumni Program will be developed for students who have graduated from Brooklyn Center Community School. OCT13 is requesting the rnauhnnm of fuudng due to the increase in program offerings. Activity SeMce Area: City of F3ro&dyn Center SeMce ldllivery Location Mdress (if picable): Brooklyn Center Community School, Timber Bay Camp and 1200 - 69th Ave. N. in Brooklyn Center. How many persons were served by this program in the last 112 months? 183 How many persons will be senied by this program from July 11, 2017 thrnngh June 30, 20118? 215 What percentage of clients senced are low- and moderate-income persons? (Note: CDI0 rnqnires at least 51% of clients serued to he at or below 80% of Avon Median Income) 95% r Activity Need, Consistency with Plans, and Public Support Who is the target dieutde? The population served will be students in grades 6 through 12 from Brooklyn Center Community School who are 88% non-white and 82% Free and Reduced Lunch, The students targeted have a variety of personal and school issues. These include lack of family support, substance abuse and mental health issues, poverty, domestic abuse, lack of positive role models, in danger of failing or dropping out of school, and school discipline issues. What needs does this activity address? The majority of students at Brooklyn Center Secondary School live in poverty or low income homes. Research has clearly demonstrated that living in poverty has a wide range of negative effects on the physical and mental health of students. Poverty often leads to a wide range of traumatic experiences including hunger, homelessness, unemployment, poor academic outcomes, dropping out of school, student mobility and increased crime rates (National Center for Trauma and Loss, 2013) These are the students who will be served through BCTB. The risk factors of the students being served include, but are not limited to being disconnected from school, lagging in academic achievement, being truant from school, experiencing substance abuse, lacking in positive role models, being involved in the justice system, being in an unstable home environment, and/or have experienced trauma. Is the need for this activity growing? The need for the services provided by Brooklyn Center Timber Bay are growing every year. The number of :udents living in poverty increases each year at Brooklyn Center Community School, as does the number of non-white students. As the poverty increases for the families served at Brooklyn Center Community School, students feel the impact of what their families are facing. Often this shows inself in difficulty to maintain academic success, increased discipline issues at school, increased substance abuse and mental health issues for the students themselves and their parents/guardians. How does the program address these needs? Brooklyn Center Timber Bay has a history of collaboration that has taken place between their staff and Brooklyn Center Community School over the past five years. Over the years, this collaboration has led to increased services for high risk students. However, the students in need of support continue to grow which is why BCTB needs funding to expand their services. There is no substitute for time with a young person and BCTB staff invests countless hours helping youth navigate life through time spent with caring adults, especially during the after-school hours when so many students are on their own with little to do. This is often the time when youth who are high risk can get into personal or legal trouble. BCTB provides services so that youth can engage in healthy activities and reduce risky behaviors. Program staff will also connect family and youth to additional school and community resources as individual needs might indicate. Is this a priority need identified in the 2015-2019 Consolidated Plan? Brooklyn Center Timber Bay's collaborative program with Brooklyn Center Secondary School supports two of the City's priorities: Inclusive Community Engagement and most of all Strengthened and Empowered Youth. Strengthening and empowering youth is the heart of what BCTB does. The program uses a whole person approach, paying attention to all areas of a young person's life —physical, spiritual, social and emotional. Through the programming provided youth are provided opportunities to engage in service learning and enable them to be "seen as a valuable resource" with the abilities to contribute in a meaningful way. When engaging in these activities, youth are less likely to engage in at-risk behaviors and experience violence. Students will also become more connected to their school and the community, as well as their families. Research has provided evidence that early intervention with high risk students will decrease problem behaviors at school, increase academic achievement, improve attendance and ultimately lead to higher graduation rates. The services provided are a coordinated system with the high school that provides research based programming that will help the youth become successful, contributing members of their communities. Is this a need not currently or adequately being addressed by other programs/activities? Brooklyn Center Timber Bay is a unique program whose mission is to provide life-changing services and a safe place for high risk youth and their parents. This is accomplished by providing the relevant programming previously described and one-to-one mentorship for youth with a caring adult. Teens will learn life skills that will reduce or eliminate risky choices like drug use, alcohol use, violence, acting out sexually, doing poorly in school or dropping out of school. BCTB has two fulltime staff and two-part time staff implementing their programming. The collaborative approach with Brooklyn Center Secondary School allows BCTB to provide a variety of services to meet a variety of student needs. The students and parents don't have to worry about transportation or cost of services as all BCTB services that are provided in school and in the Brooklyn Center community are free of charge. BCTB has received three donated vans and one SUV to help transport students from activities to home and to the camping experience previously discussed. Describe any mtcommunity, n ftagoncy. or bloc/povate partnarshps and suppmt Brooklyn Center Timber Bay (BCTB) partners with Brooklyn Center Community School. Brooklyn Center Schools is the only Full Service Community School District in Minnesota. "Full service schools aim to provide support to their individual communities. They survey their feeder neighborhoods to learn exactly what the needs are, then tailor their plans accordingly. The idea is to make schools the go-to places to find support for students, families and communities" (Star Tribune, January 5, 2016). This model was implemented in 2009. BCTB also partners with the YMCA through the Open Gym activities provided for students after school hours. In addition, BCTB utilizes the services of Youth Determined to Succeed (YDS) for some students to help them with health, wellness and athletics. This is done on a referral basis. Some students are in need of Emergency Services to assist them and their families with issues related to homelessness, food assistance or mental health or substance abuse issues. BCTB will make referrals as needed to the appropriate services for these issues. Activity Funding Sources 2017 Fundinq Sources Amount Secured? CDBG $29,850 $29,850 Other Local Government 0 0 Other Federal Government $6,000 $6,000 State 0 0 (attach additional pages if necessary) Has this adMty [eeceved CG fundnj u thn previous year (206)? 0 Yes El No Does ths activity currently receive ClUl 06 state or local government fmding? 0 Yes U No If yes, descdbe source(s): BCTB receives $6,000 from Brooklyn Center Community School Through the federal 215t Century Grant. Staff Capacity Describe the organization's experience providing this service: Brooklyn Center Timber Bay has been providing the services described fo the past five years for students from Brooklyn Center Community School. They have 2 full-time staff and 2 part-time staff who many years of experience in working with high risk students and providing the services described. Their experience in programming for high risk students in research based and utilyzes the both resiliency and asset development as described in the grant application. BCTB has established a presence at the school and students seek them out for help with a variety of needs. List the names, position titles, and brief qualifications of staff who will be primarily responsible for delivering this activity (attach additional pages if necessary): Wayne Thyren, Area Director - Bachelor of Science in Secondary Education; Chemical Dependcy Certification from Johnson Institute. Taught Industrial Arts for 8 years; 39 years Experience working with high risk adolscents through small non-profit agencies. Paul Thyren, Outreach Staff - Bachelor of Arts in Youth Ministry with a minor in Biblical Studies and emphasis in outdoor leadership. Twelve yars full-time work experience in youth outreach, particularly high risk youth. Erica Koch, Outreach Staff— Bachelor of Arts in Education with 17 years work experience work with high risk youth. Nate Schlatter, Outreach Staff - Bachelor of Arts in Youth Ministry and Theology and two years experience working with high risk youth. epartment of the Treasury7/fl I1.S Int D ernal Revenue Service P.O. Box 2508 Cincinnati ON 45201 In reply refer to: 0248226132 Apr. 29., 2008 LTR 4168C E0 23-7058853 000000 00 000 00013808 BODC: TE YOUTH INVESTMENT FOUNDATION P0 BOX 316 . MEDINA MN 55340 009646 Employer Identification Number: 23-7058853 Person to Contact: John KennedyToll Free Telephone Number: 1 -877-829-5500 Dear Taxpayer: This is in response to your request of Apr, 18, 2008, regarding yourtax-exempt status. Our records indicate that a determination letter was issued in May 1970, that recognized you as exempt from Federal income tax, and discloses that you are currently exempt under section 501(c)(3)of the Internal. Revenue Code. Our records also indicate you are not a private foundation within the meaning of section 509(a) of the Code because you are described insection 509(a)(2). Donors may deduct contributions to you as provided in section 170 of the Code. Bequests, legacies, devises, transfers, or gifts to you or for your use are deductible for Federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2106, and2522 of the Code. If you have any questions, please call us at the telephone numbershown in the heading of this letter. Sincerely -- yours, Michele N. Sullivan, Oper. Mgr. Accounts Management Operations i CITY orBROOKLYN CENTER A GREAT PLACE TO START, A GREAT PLACE TO STAY wwwcityofbrookIyflCeflteAOrg Urban Hennepin County Community Development Block Grant Program (CDBG) FY2017 (July 1, 2017 thru June 30, 2018) Application Request for City of Brooklyn Center Funds Supplemental Application Due: Friday, January 20, 2017 by 4:30 PM Public Hearing: February 8, 2016 YOU MUST COMPLETE AND RETURN THIS FORM TO BE CONSIDERED AS AN APPLICANT Organization Name: CAPI USA Program Name: Asian Fresh Produce Distributions Purpose: CAPI proposes to conduct a monthly fresh produce distribution to Brooklyn Center Hmong seniors and others while also offering information and resources to address self-sufficiency Page 1 of Brooklyn Park area have reached out to CAPI to fill food and meal gaps in Northwest Hennepin County, particularly within immigrant/refugee communities. 4)Do you plan to provide this service to other cities or jurisdictions?10 5)If yes, will CDBG funds be used? Yes No We are seeking funds to also provide a monthly produce distribution in North Minneapolis targeting the Hmong community. CDBG funds will not be sought for this service. 6)Please describe how you plan to record and report accomplishments and monitor 1 26 the results. We are committed to counting the number of people served per distribution and keeping records of each distribution on the numbers served and the pounds of produce given away (with general summaries on what types of food was distributed). We will also keep record of all people enrolled in CAPT programs (using the distributions as a vehicle to educate and enroll people). 7)Please describe how your program meets one or more of the City's priorities 20 listed below. (Check all that apply) See attachment for more information about city priorities. Resident Economic Stability - Targeted Redevelopment - Enhanced Community Image Inclusive Community Engagement Strengthened and Empowered Youth Key Infrastructure Investments - Describe: This program addresses the fundamental need for nutritious and culturally appropriate food for elderly citizens who are socially and linguistically isolated. This program builds community and is deeply appreciated. 8)Please describe how this program is ready for implementation and what steps 20 would need to be taken before this program can be started.______ Kashia Adult Day Services and Second Harvest are already on board. Upon receiving a grant award, we will proceed to create a monthly distribution schedule and begin informing people. CAPT invites anyone and everyone to volunteer with this activity. PROGRAM PERFORMANCE 9)Please describe your experience administering federal/public funds and how you 10 have been able to meet the compliance requirements. (please provide a copy of previous annual and quarterly reports) 10)If you have been approved for federal/public funds previously, please state if you have an instance where you have not met the reimbursement requirements as a person or organization? CAPT currently administers 9 different performance-based government contracts at the city (Minneapolis), county (Hennepin), state (i.e., DEED, DHS, MDH), and federal (FEMA) level. Please see CAPT's most recent annual report. CAPT has NOT had an instance where we have not met reimbursement requirements. 11)If you have previously been funded through CDBG funds through Brooklyn 20 Center, please provide a breakdown of the services that have been provided to Brooklyn Center residents and the accomplishments. Please include demographic information, how many served, and associated expenses or other financial implications. Page 3 of 6 We have not previously received CDBG funding through Brooklyn Center. By signing the statement below you are certifying your organization has the capacity to participate in the CDBG process and can provide the required documentation in the implementation schedule. I certify that all answers to the above questions are true and accurate. I understand that any false information on or omission of information from this supplemental application will be cause for rejection of this application or termination of funding. Applicant's Signature: Title: Executive Director Date: January 20, 2017 Received by: Date: Time: Page of III Public1tfr Program 'IAiJiCity of Brooklyn uireme nts Required Documents: 1.Completed and signed CDBG Supplemental Application 2.Copy of your Agency/Organization's 501(c)(3) letter 3. Completed Public Service Funding Application Submittal Requirements: o Incomplete or late applications will not be considered. o All applications that meet the minimum requirements will be ranked base on capacity, needs and funding priorities. o Preferred method of receiving the completed documents is a pdf sent by email to: Janderson@ci.brooklyn-ceflter.rn 11 .US or mail, or hand deliver it to: City of Brooklyn Center, Building and Community Standards Department, Attn: Jesse Anderson, 6301 Shingle Creek Parkway N, Brooklyn Center, MN 55430. Due date is by 4:30 PM, January 20, 2016. CDBG Public Service Pject Informatkc Amount of FY2016 CDBG funds available: Up to approximately $30,000 is available for social service organizations. Organizations typically are allocated between $7,500 and $15,000. A program receiving multi-city CDBG funding may be allocated an amount less than $7,500. The City may choose to not fund requesting public service agencies. Funding Priorities: o Program that support the city of Brooklyn Center Strategic Priorities o Programs supporting services to youth, diversity in the community, or that leverage community resources. o In addition eligible activities include, but are not limited to those relating to; family self-sufficiency, counseling, domestic abuse, seniors, affordable housing, job readiness and training. Program Requirements: • Activities must benefit low and moderate-income households with less than 80% Area Median Income (AMI) as stated by HUD and listed on the chart below. • Organization must have a 501 (c)(3) status. • Income-eligible certification must be provided for all clients served verifying that at least 51% are from low- to moderate income households. • Organization must have the staff capacity to administer the program and be capable of providing all required documentation to obtain reimbursement. Page 5 of 6 Timeline and Program Dates: o January 20, 2016, by 4:30 PM, completed application due back to city hall. o February 8, 2016, 7:00 PM Public Hearing at the City Council meeting. Meeting offers opportunity for short (3-5 minute) testimony from each applicant. After public hearing the Council members will make final decision for the allocation of CDBG funds. o July 1, 2016 thru June 30, 2017- spend down timeline ofFY2Ol 6 funds. No reimbursements can be made for program activities spent prior to HUD final approval, most likely on or shortly after July 1, 2016. Funds will be reimbursed after program activities have taken place, expenses have been paid, and required documentation has been submitted. o June 30, 2017 Final Reimbursement o January 1, 2017—At least one reimbursement request must be submitted. Page 6 of 6 I IJ Dpartmeui f th, Izterzui Rcveuuo Setyice P.O. Box 2508, Room 4010 Cincinnati OH 45201 In reply refer to: 4077550277 Apr. 07, 2010 LTR 4168C 0 41-1417198 000000 00 00033056 BODC:' TE CAP UA 3702 E LAKE ST MINNEAPOLIS MN 55046 039947 Employer Identification Number: **-**7198 Person to Contact: Ms Benjamin Toll Free Telephone Number: 1-877-829-5500 Bear Taxpayer: This is in response to your Feb. 10, 2010, request for information regarding your tax-exempt status. Our records indicate that your organization was recognized as exempt under section 501(c) (3) of the Internal Revenue Code in a determination letter issued in May 1982. Our records also indicate that you are not a private foundation within the meaning of section 509(a) of the Code because you are described in section(s) 509(a)(1) and 170(b)(1)(A)(vi). Donors may deduct contributions to you as provided in section 170 of the Code. Bequests, legacies, devises, transfers, or gifts to you or for your use are deductible for Federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of the Code. Beginning with the organizations sixth taxable year and all succeeding years, it must meet one of the public support tests under section 170(b)(1)(A)(vi) or section 509(a)(2) as reported on Schedule A of the Form 9.90', If your organization does not meet the public support test for two consecutive years, itis required to file Form 990-PF, Return of Private Foundation, for the second tax year that the organization failed to meet the support test and will be reclassified as a private foundation. If you have any questions, please call us at the telephone number shown in the heading of this letter. . Organization Information Agency/Organization Name: CAPIUSA Address: 3702 E. Lake Street, Minneapolis, MN 55411 Organization Type: DGovernment Non-Profit DFor-Profit DOther:i)o;ciibe if apphcahlo Name of Primary Contact: Ekta Prakash Title of Primary Contact: Exectuive Director Primary Contact Email: ekta.prakash@capiusa.org Primary Contact Phone: 612-721-0122 Activity Information Activity Name: Asian Fresh Produce Distributions Amount of 2017 CDBG Funding Request: $3684 Description of Activity: Ciiok he:o to ntor tot Staff (3 staff @ $21/hour/staff x 3.5 hours/distribution x 12 disctributions = $2,646); 2nd Harvest fee @ $45/distribution x 12 = $540; printing @ $30/distribution x 12 = $360; staff mileage @ 240 miles x $575 = $138 - TOTAL = $3,684 Activity Service Area:Brooklyn CenterBrooklyn Center Service Delivery Location Address (if applicable): Kashia Adult Day Services, 5650 Lilac Drive, Brooklyn Center, MN 55430 How many persons were served by this program in the last 12 months? We facilitated _11 fresh produce distributions in 2016 serving a total of _5695_ individuals (duplicated). There was an average of approximately 95 house holds per distribution. Each household has an average size of 5.45. How many persons will be served by this program from July 1, 2017 through June 30, 2018? 100 household per distribution x 12 distributions 1,200 duplicated households. We estimate based on last years household size of 5.45 most individuals will access this service every month and that we will serve approximately 474 unduplicated individuals. What percentage of clients served are low- and moderate-income persons? (Note: CDBG requires at least 51% of clients served to be at or below 80% of Area Median Income) 90%+ Who is the target clientele?Hmong seniors and other seniors involved in Kashia Adult Day Services and residents living in close proximity to Kashia Adult Day Services. What needs does this activity address? Hunger; the need for culturally appropriate and nutritious produce; helping eldery transport donated food to their homes (through Kashia transportation services); the need to communicate in Hmong language Is the need for this activity growing? Yes the need for this activity is growing as community members starts to hear of the service. CAR consistently served 75-100 households with this service in the summer of 2016 with an increase of community memebers accessing the produce distribution comparing to 2015's data. CAR expect the number of households accessing this service will continue to increase. How does the program address these needs? We provide three multi-lingual staff, organize and coordinate the distribution of approximately 4,000 pounds of produce per distribution x 12 distributions; we partner with l(ashia Adult Day Services and Second Harvest to make this service available. We also enroll participants in other CAPI services (using fresh produce distributions as a vehicle to engage immigrants in other relevant programs and services) Is this a priority need identified in the 2015-2019 Consolidated Plan? Medium Is this a need not currently or adequately being addressed by other programs/activities? CEAP offers an excellent food shelf program that is available to Brooklyn Center residents, however multiple Brooklyn Center immigrant families/households do not access CEAP, perhaps due to linguistic access, people's preference to be assisted by people of a similar cultural orientation, transportation and other factors. We believe there is a need to reach out to immigrant communities in the Brooklyn Center area (many people supported by CAPI's Minneapolis-based Asian- Specific Food Shelf are Brooklyn Center residents). There is a particular need to reach out to socially isolated elderly immigrants. Finally, in addition to addressing hunger/nutrition and economic realities that low-wealth families face, CAPI is committed to "checking in" with people to see if CAPI programs and services could be of benefit. Describe any multi-community, multi-agency, or public/private partnerships and support: Partners include Second Harvest and Kashia Adult Day Services Activity Funding Sources 2 017 runaing ources CDBG 3684 Pending, waiting on this grant Other Local Government Other Federal Government State (attach additional pages if necessary) Has this activity received CDBG funding in the previous year (2016)? 0 Yes 0 No Does this activity currently receive non-CDBG state or local government funding? 0 Yes Z No If yes, describe source(s) Staff Capacity I Describe the organization's experience providing this service: ik List the names, position titles, and brief qualifications of staff who will be primarily responsible for delivering this activity (attach additional pages if necessary): Yaomee Xiong, CAPIs Human Services Manager will oversee this project. Yaomee earned a Bachelor of Science in Health Care Administration. Her background is in health and food justice. She developed the partnership with Second Harvest and Kashia Adult Day Services. She is an emerging leader in the Hmong community and speaks Hmong and English fluently. She will be on site at distributions and will also supervise two other CAPI staff who will also be on site. She is committed to utilizing this project as a vehicle to make CAPIs programs and services increasingly accessible to immigrants and refugees living in the Brooklyn Center area. CAPI staff who will directly run this program are also trained in food safety handling and civil rights training with years of experience working directly with immigrants and refugees from all ages in accessing community resources in addition to CAP l's own services. PI , i CO [rliC]Lr-L:i 207 Program Organization Information Aency/Orgarization Name: City of Brooklyn Center Address: 6301 Shingle Creek Parkway, Brooklyn Center, MN Oazatior Type: lGovemment DNon-Prnfit DRr-Profft DOther:Click here to enter text. Name of Primary Contact: Jesse Anderson Title of Primary Contact: Deputy Director of Building and Community Standards Primary Contact Email: Janderson @ci.brooklvn -center.mn.us Primary Contact Phone: 763-569-3420 Activity Information Activity Name: Neighborhood Revitalization Code Enforcement Amount of 2017 CDBG Funding Request: $150,000 Use of CDG Funds (e.g. acquisition, rehabilitation, construction): Neighborhood Stabilization/Code Enforcement Description of Activity: Click here to enter text,Brooklyn center had the highest percentage of foreclosures of all cities in suburban Hennepin County from 2007 through 2010. Brooklyn Center continues to experience foreclosures and vacant properties. o The number of vacant properties fluctuates, but is expected to continue for the next few years. The status of the property, ownership, responsible parties and numbers can change daily. o The majority of vacant properties in the city have one or more code violations, everything from health/life safety hazards to general nuisances. o City resources and costs are being spent to deal with problems associated with vacant properties, often shifting resources from other programs areas. o Early intervention with vacant properties helps to ensure minimum community standards, while increasing citizen satisfaction. • The presence of vacant homes and foreclosures on a block is impacting the sale prices of open market transactions. • Long term vacant properties create potential for increased levels of vandalism and more serious criminal activity. Location Address (if applicable): Throughout the City of Brooklyn Center excluding non-eligible neighborhoods Description of Project Service Area (if applicable):Census Block Groups that qualify. 20200-2, 020200-3, 020200-4, 020200-5, 020200-6, 020200-7, 020302-1, 020303-1, 020304-1, 020400-1, 020400-2, 020400-3, 020500-1, 020600-1 Anticipated Accomplishments: Fo r activities #Housing Units: 900 Properties. 100% of Vacant Properties within Brooklyn Center will be inspected, Code Enforcement Sweep inspection will be conducted of 50% of the city. For non -Housing activities : #People Served: List Census Block Groups served by activity/facility: Activity Need, Consistency with Plans, and Public Support Who is the target clientele? What populations will benefit from the activity? Low to Moderate income Neighborhood Areas What needs does this activity address? Neighborhood Revitalization through Code Enforcement and low to moderage income neighborhoods. How does the activity meet a need identified in the 2015=2019 Consolidated Plan? Low to Moderate income Neighborhood Areas How does the activity meet other locally identified community development needs? Enhanced Community ImageOur ability to attract and retain residents and businesses is influenced by the perception of the City. We will take specific actions to assure that Brooklyn Center is recognized by residents, businesses, stakeholders, and visitors as a high quality, attractive, and safe community. This activity will continue to address the city Council Goal of Enhanced Community Image by improveing the residential neighborhoods. Describe any community or prhtate partnership support: Click here to enter text. Implementation Schedule Projects may begin on or after July 1, 2017. Projects must be complete by June 30, 2018. Note: Priority given to projects that can be completed by March 30, 2018. Task Anticipated Completion uate Monthly Monitoring of Vacant Properties Ongoing Code Enforcement Sweep Inspections -__October 15, 2017 and June 15, 2017 Activity Funding I IflI.7 C--, A mill i ni Secured? CDBG 150000 Click here to enter text. Other local funds: specify if applicable Other federal funds: specify if applicable State (Attach separate pages if necessary) Has this activity received CDBG funding in previous years? Z Yes El No If Yes, describe: I I...... _.0 Amni inf Neighborhood Revitalization Code Enforcement 2016 $150,000 Neighborhood Revitalization Code Enforcement 2015 $150,000 Neighborhood Revitalization Code Enforcement 2014 $150,000 Neighborhood Revitalization Code Enforcement 2013 $150,000 Neighborhood Revitalization Code Enforcement 2012 $150,000 Neighborhood Revitalization Code Enfrocement 2011 I $125,474 (Attach separate pages if necessary) Staff Capacity Describe staff capacity and experience relevant to administering this activity: The current staffing levels include three Code Enfrocement and Housing Inspectors and a Housing and Community Standards Supervisor that will spit time focusing on this program. The Deputy Director of Building and Community standards will be administring the program, including year end reporting and quartlerly reimbursement requestest. List the names, position titles, and brief qualifications of staff who will be primarily responsible for delivering this activity (attach additional pages if necessary): Are staff all certified as Property Maintance inspectors by ICC. Housing and Community Standards Supervisor - Xiong Thao Code Enfrocement and Housing Inspector - Dan Jerzak Code Enforcement and Housing Inspector - Troy Okerlund Code Enfrocement and Housing Inspector - Tyler Feuerhake Deputy Director of Building and Community Standards -Jesse Anderson ( Presented by: Jesse Anderson, Deputy Director/HRA Specialist City Council Meeting February 13, 2017 Hold Public Hearing to obtain feedback from citizens  and applicants for Community Development Block Grant (CDBG) funds ◦Process meets HUD and Hennepin County requirements Review CDBG Program Requirements & Information  Review 2017 CDBG Allocations & Recommendations  ◦Public Service Activities/Program Applicants ◦Other CDBG Activities Receive comments from Public Service Activity  Applicants Provide allocation recommendations to staff  ◦Bring forward resolution with CDBG allocations for Council approval on February 27, 2017 City Council Meeting02/13/20172 Community Development Block Grant (CDBG)  Funds ◦Federal funds to provide resources for communities to address unique community development needs ◦Brooklyn Center is a Subrecipientand funds pass through Hennepin County Generally funds must meet Federal guidelines  for Eligible Activities City Council Meeting02/13/20173 CDBG activities must address a high priority need  according to the County’s Consolidated Plan. The current priority needs are: ◦Preserve and Create Multifamily Rental Opportunities ◦Preserve and Create Single Family Homeownership Opportunities ◦Create Housing Opportunities for Homeless Populations ◦Promote Education, Outreach, and Services ◦Support Neighborhood Revitalization ◦Stimulate Economic Development *Cities funding activities that are not high priorities under the consolidated plan must explain why the project is needed in their city. City of Brooklyn Center using CDBG funds since  program created in mid-1970’s In 2008 some funds shifted from County Rehab  program to fund code enforcement efforts due to foreclosures, vacant properties, and neighborhood blight A Maximum of 15% of CDBG funds may be allocated  to Public Services due to Federal requirement ◦City not obligated to provide any funding for Public Services ◦City has typically provided maximum 15% to Public Service Activities City Council Meeting02/13/20175 Addition Hennepin County guidelines for public  service activity/program allocation $7,500 Recommended minimum allocation to each ◦ funded activity $3,000 minimum if public service program receives ◦ CDBG funds from other Cities or consolidated pool. Basis of guidelines ◦ Limited funding-intended as a supplement to existing  agencies funding/services Achieve most effective use of money per public service  agency Provide administrative efficiencies for processing by County  City Council Meeting02/13/20176 2016 CDBG allocation for Brooklyn Center-$259,455  2016 Distribution  ◦Household & Outside Maintenance for Elderly (H.O.M.E.) Program, Senior Community Services -$7,829 ◦Meals on Wheels, Community Emergency Assistance Program (CEAP) -$7,829 ◦Tenant Advocacy Program, HOMELine -$7,829 ◦Brooklyn Avenues for Homeless Youth -$7,829 ◦School Counseling and Activities (TimberBay) -$7,500 ◦Neighborhood Stabilization/Code Enforcement Program - $150,000 ◦Housing Rehabilitation ( Emergency Rehabilitation of Private Property) -$70,639 City Council Meeting02/13/20177 2017 CDBG funds use period from July 1, 2017 to  June 30, 2018. 2017 Allocations for Brooklyn Center CDBG funds  are estimated $255,616. Specific 2017 CDBG allocation amount unknown  to County and City at this time Hennepin County waiting for information from HUD ◦ Amounts may be adjusted depending on CDBG funding ◦ availability Amounts may be adjusted throughout year depending ◦ on funding availability City Council Meeting02/13/20178 Household Outside Maintenance for the Elderly  (H.O.M.E.) program requests $9,000 Services include:  ◦Homemaking ◦Home maintenance ◦Chore services Program part of City’s CDBG program for 22 years  The proposal anticipates serving 80 seniors.  The 2016 cost was $93.20 per person.  City Council Meeting02/13/20179 Meals on Wheels Program (CEAP) requests $15,000  Services include:  ◦Meals on Wheels Program part of City’s CDBG program for 16 years  The proposal anticipates serving 120 seniors 5  meal per week The 2016 cost was $630.50 per person  City Council Meeting02/13/201710 Tenant Advocacy Services requests $8,038  Services include:  ◦Free legal advice to tenants about tenant law ◦Legal help for unsafe living conditions ◦Legal help for security deposit losses Program part of the City’s CDBG program for 8  years The proposal anticipates serving 488 people  The 2016 cost was $41.22 per household.  City Council Meeting02/13/201711 Avenues for Homeless Youth program requests  $10,000 12-bed shelter and transitional housing program  with support services for homeless youth ◦Located in Brooklyn Park Program part of the City’s CDBG program for 3  years The proposal anticipates serving 100 youth.  The 2016 cost was $7870.97 per person.  City Council Meeting02/13/201712 Student Counseling Program (Timberbay) requests  $29,850 Services include:  ◦After School Counseling and Activities Program part of City’s CDBG program for 1 year  The proposal anticipates serving 215 youth  The 2016 cost was $630 per person  City Council Meeting02/13/201713 Food and Nutrition Services request $3,684  Asian Fresh Produce Distributions request includes:  ◦Helps low-income Asian families to meet their nutritional needs Program would be newly funded program for City  of Brooklyn Center CDBG funds The proposal anticipates serving 100 people.  CAPI does receive funds from the consolidated pool  for job readiness training and therefore meets the recommendation for the $3,000 minimum allocation. City Council Meeting02/13/201714 The Neighborhood Stabilization/Code Enforcement requests  $150,000, consistent with approved 2017 City budget The program will remain focused on vacant properties. There  are currently 142 known vacant properties citywide, with 54 located in the CDBG Focus Area Property maintenance and nuisance violations will be a focus.  2015 funding addressed 3297 property code violations and 12,101 separate actions taken to obtain compliance Program part of City’s CDBG program for 8 years  Eligible areas based on following criteria  1.Low to moderate income census blocks 2.Foreclosure, vacancy, code violations (2015 data) City Council Meeting02/13/201715 City Council Meeting02/13/201716 Recommended allocation of $69,963 for Home  Rehabilitation Program Funds used to address emergency home maintenance ◦ type repairs such as furnace replacement, water and sewer service repair, etc. for individual properties Remaining Funds after allocation of funds for ◦ Neighborhood Stabilization/Code Enforcement and maximum 15% for public service agencies Home Rehabilitation Program has been part of  the City’s CDBG program since initiation of CDBG program City Council Meeting02/13/201717 Option 1Option 2 Requested (Similar to last (Minimum/Evan CDBG Activity Amount year rates)distribution) Public Services ($38,342Max) H.O.M.E. Program (Senior $9,000$7,668$6835 Community Services) Meals on Wheels (CEAP)$15,000$7,668$6835 Tenant Advocacy Program (HOME $8,038$7,668$6835 Line) Brooklyn Avenues (Avenues for $10,000$7,668$6835 Homeless Youth) Student after School Counseling and Activities (Brooklyn Center Timber $29,850$7,668$7500 bay/Youth Investment Foundation) Food and Nutrition Services (CAPI- $3,684$3500 USA) Total Public Services $75,572 Non-Public Services City of Brooklyn Center Neighborhood Stabilization/ Code $150,000$150,000$150,000 Enforcement Home Rehabilitation Program$67,274$67,274$67,274 $292,846 $255,616$255,616 Total CDBG Funds ($37,230 Over Budget) City Council Meeting02/13/201718 Staff requests direction from the Council  regarding allocation of the CDBG funds Based on feedback, staff will prepare  resolutions for approval at the February 27, 2017 City Council Meeting. City Council Meeting02/13/201719 M!Aui uiLwi1IViu is TI COUNCI{L IITEM MEMORANDUM DATE: February 13, 2017 TO: Curt Boganey, City Mana FROM: Tim Benetti, Planning and Zoning Specia1i Lt ^V,3 THROUGH: Gary Eitel, Director of Business and Development SUBJECT: Resolution Regarding the Disposition of Planning Commission Application No. 2017-001 submitted by HOM Furniture Inc. and Gatlin Development Co. requesting approval of a Planned Unit Development Amendment No. 8 to the 2011 Shingle Creek Crossing Planned Unit Development and Site and Building Plan Approval of a new HOM Furniture Store (located at 2501 County Road 10) Recommendation: It is recommended the City Council adopt the Resolution regarding the disposition of Planning Commission Application No. 2017-001 submitted by HOM Furniture Inc. and Gatlin Development Co. requesting approval of a Planned Unit Development Amendment No. 8 to the 2011 Shingle Creek Crossing Planned Unit Development and Site and Building Plan Approval of a new HOM Furniture Store, located at 2501 County Road 10. Background: On January 12, 2017, the Planning Commission gave initial consideration of Planning Application No. 2017-001, submitted by HOM Furniture Inc. and 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 to allow the expansion and refurbishment of the former Kohl's building into a new HOM Furniture store with multi-tenant retail store front; a reduction of Class I building materials; allow future Building X to be expanded from 19,000 sq. ft. to a 48,000 sq. ft. medical office building; allow reduced setbacks for the EDA parcel; modify signage standards; modify drive-thru standards; and allow certain prohibited uses originally listed under the 2011 Shingle Creek Crossing PUD Agreement. A public hearing was duly noticed for the January 12th 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. Upon closing the hearing, planning staff requested this item be tabled to the next meeting, in order for the developer to complete or submit additional information related to on-site storm water management. On January 26, 2017, this item was reconsidered under a re-opened public hearing, whereby a follow-up planning staff report was presented, and the Site and Building Plan under this Planning Application was given due consideration by the commission. Staff had reported that Gatlin's Mission: Ensiiiing an attractive, clean, safe, in clusive coniniunity th at enhances the quality of life for (Il/people and preserves the public trust [ILtIIJLIJ I fl U U IhYA U I *'4 (I] 1I )1Ik'Ai consultant engineers were still preparing the storm water reports and findings to the Shingle Creek Watershed Commission, which will make their findings or recommendations at a future meeting. The report and recommendations have been made part of the city engineer's recommendations and resolution of approval. Upon closing the hearing and final comments, the Planning Commission made a motion to accept and adopt Planning Commission Resolution No. 2017-01, which provided a unanimous recommendation of approval of the PUD Amendment No. 8, with certain findings and conditions along with the approval of the proposed Site and Building Plan for the new HOM Furniture store development. (Excerpts minutesftom the January 12 and 26th meetings are attached.) Budget Issues: There are no budget issues. Strategic Priorities: Targeted Redevelopment Mission: Ensuring an attractive, clean, safe, inclusive coiniininitj' that enhances the quality of ilfe for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. 2017- RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2017-001 SUBMITTED BY HOM FURNITURE INC. AND GATLIN DEVELOPMENT COMPANY FOR PLANNED UNIT DEVELOPMENT AMENDMENT NO. 8 TO THE 2011 SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT AND SITE AND BUILDING PLAN FOR HOM FURNITURE STORE (LOCATED AT 2501 COUNTY ROAD 10) WHEREAS, the City Council of Brooklyn Center adopted Resolution No. 201 1-85, 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, RESOLUTION NO. 2017- dated June 9, 2014, which approved the sixth amendment to the Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and 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, HOM Furniture Inc. and Gatlin Development Company jointly submitted Planning Application No. 2017-001, 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 PUD Amendment comprehends additional adjustments and uses not approved under the 2011 Shingle Creek Crossing Planned Unit Development and the related 2011 PUD Agreement; and WHEREAS, Planning Application 2017-001 also provides for the official request for consideration and approval of the new Site and Building Plan for the new HOM Furniture Store with a retail store expansion on the subject site: and WHEREAS, on January 12, 2017, the Planning Commission held a duly called public hearing, whereby a staff report and public testimony regarding the amendment to this Planned Unit Development were initially heard and noted for the record, and said hearing was tabled to the next Planning Commission meeting; and WHEREAS, on January 26, 2017, the Site and Building Plan for HOM Furniture was officially received; an updated staff report presented; public hearing was re-opened; additional public testimony was given and noted for the record; and the Planning Commission gave full consideration of both the PUD Amendment and Site and Building Plan elements of said Planning Application No. 2017-001; and WHEREAS, in light of all testimony received, and utilizing the guidelines and standards for evaluating such amendments as contained in City Code Section 35-355 (Planned Unit Development); and utilizing the guidelines and standards for evaluating site and building plans as contained in City Code Section 35-230 (Plan Approval); along with consideration of the goals and objectives of the City's Comprehensive Plan, the Planning Commission considers this PUD Amendment No. 8 and Site and Building Plan for HOM Furniture to be an appropriate and reasonable use and redevelopment of the subject property, that standards for evaluating for evaluating such amendments and site plans have been met; and the proposal is therefore in the best interest of the community; and RESOLUTION NO. 2017- WHEREAS; the Planning Advisory Commission of the City of Brooklyn Center did determine that Planning Application 2017-001, submitted by HOM Furniture Inc. and Gatlin Development Company, should be approved based upon the following findings and considerations: A.The allowance of the 2-story, 24,000 sq. ft. addition to the former Kohl's building, with approximately one-half of this space to be used for new multi- tenant retail spaces, and one-half to be used as additional floor space for the new HOM Furniture store, is a reasonable request; and helps promote and enhance the general public welfare of this PUD, as it maintains and keeps the redevelopment activity of this site intact and ongoing, and may be approved; B.The allowance of reduced amount of Class I materials along the north elevation side of the building is considered reasonable and may be approved; C.The request to grant a reduced parking ratio allowance from 4.5 spaces per 1,000 sq. ft. of building space to I space per 1,000 sq. ft. and attributed to the newly proposed furniture showroom and warehouse only should not be detrimental or pose any threat or danger to the general public; nor injurious to the use and enjoyment of other uses in this Shingle Creek Crossing PUD; and is hereby considered a reasonable request and acceptable; D.The request to allow future/planned Building X to be expanded from 19,000 sq. ft. to 48,000 sq. ft. is considered a positive and reasonable increase, as the larger building will provide an increased tax base in this area, and will help promote and provide a needed medical services and a facility for the residents and surrounding community; E.The allowance of the reduced setbacks on the EDA lot for future development by HOM Inc. should not pose any problems in this area and is acceptable; F.The allowance of certain uses that were initially prohibited under the 2011 Shingle Creek Crossing PUD Agreement should be limited to the following: i.Medical Office Building - with typical tenants that may do surgeries, urgent care and treat patients in offices; ii.Medical and Dental Laboratories; RESOLUTION NO. 2017- iii.Educational Uses listed in Zoning Code Section 35-322.1.h.; iv.Transient lodging, provided they are limited to hotel use only, and no motels. v. Animal Hospitals, provided any outdoor kennel runs or activity areas for pets being cared for in the hospital is screen with an opaque fence and regularly cleaned and maintained. G.The allowances, to omit the standard: "Drive-thru or service lanes shall be screened with berming, landscaping or fencing" is not recommended and should remain intact. H.The allowance to have regular C-2 Zone sign standards as found in Chapter 34, Brooklyn Center Sign Code as opposed to the approved 2011 Shingle Creek Crossing Sign Program Plan is partially approved, with an allowance to have all new wall signs comply with the C-2 Zone sign standards established under the Sign Code; and only one (1) new freestanding sign up to 250 sq. ft. along the HWY 100 frontage should be allowed, and can either be a regular static message or dynamic sign per City Code Ch. 34. The proposed and general layout of all new building improvements, including reduced setbacks and any other related flexibility or reductions identified herein or the resulting resolution of approval, and on the updated Shingle Creek Crossing PUD Plans, may be acceptable and approved. AND WHEREAS, upon acceptance of all public comments and discussion of this item, the Planning Commission adopted Planning Commission Resolution No. 2017-01, which provides a favorable recommendation to the City Council, that this request submitted by HOM Furniture Inc. and Gatlin Development Company under Planning Application No. 2017-001, 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, along with the Site and Building Plan Approval of the new HOM Furniture Store 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 HOM Furniture Inc. and Gatlin Development Company under Planning Application No. 2017-001, 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, along with the Site and Building Plan RESOLUTION NO. 2017- Approval of the new HOM Furniture Store development, that the findings of approval as noted herein are hereby acceptable, and this PUD Amendment and Site and Building Plan request is hereby approved subject to the following conditions: 1.Developer shall comply with all conditions or request of additional information as noted in the City Engineer Review Memorandum, dated January 5, 2017 2.Developer is allowed to amend the 2011 Shingle Creek Crossing Planned Unit Development by allowing the following uses: a)Medical Office Building with typical tenants that may do surgeries, urgent care and treat patients in offices; b)Medical and Dental Laboratories; C) Educational Uses listed in Zoning Code Section 35-322.1.h.; d)Transient lodging, provided they are limited to hotel use only, and no motels. e)Animal Hospitals, provided any outdoor kennel runs or activity areas for pets being cared for in the hospital is screen with an opaque fence and regularly cleaned and maintained. 3.Developer is allowed to construct a 2-story, 24,622 sq. ft addition to the former Kohl's building, with approximately one-half of this space to be used for new multi-tenant retail spaces, and one-half to be used as additional floor space for the new HOM Furniture store. 4.Developer is allowed to a reduction of Class I materials along the north elevation side of the new HOM store building, provided all other elevations receive the 50% Class I and 50% Class II ratio. 5. Developer is granted the reduced parking ratio allowance from 4.5 spaces per 1,000 sq. ft. of building space to 1 space per 1,000 sq. ft. and attributed to the new HOM Furniture store use only. All other uses must maintain the 4.5/1,000 ratio as prescribed in the 2011 Shingle Creek Crossing PUD Agreement. 6. Developer is allowed to expand proposed/future Building X from 19,000 sq. ft. to 48,000 sq. ft. for a medical/multi-tenant office building. A separate RESOLUTION NO. 2017- Site and Building Plan application will be required before any approvals are granted for the new Bldg. X improvements. 7.Developer is allowed reduced setback of 20 feet on the EDA lot (Building F) for future development if needed. A separate Site and Building Plan application will be required before any approvals are granted for the new Bldg. F improvements; 8.The allowances to omit the standard: "Drive-thru or service lanes shall be screened with berming, landscaping or fencing" is not recommended and will remain intact. 9.Developer is allowed to have all new wall signs for the HOM store and retail addition comply with regular C-2 Zone sign standards under Ch. 34-Sign Code; and only one (1) new freestanding sign up to 350 sq. ft. along HWY 100 frontage, with enhanced architectural designed materials and elements that are complementary to the features of the existing Shingle Creek Crossing signs along Hwy 100. The final design and location of this new HWY 100 frontage sign shall be approved by the City. This freestanding sign may be 100% dynamic message board, or combination of static and dynamic. The Developer agrees to forgo any future freestanding sign allowance along County Road 10 (Bass Lake Road) frontage. 10.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. 11.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. 12.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. 13. No other allowances as illustrated or indicated on the submitted "Shingle Creek Crossing PUD Amendment No. 8 Plans shall be comprehended or permitted under this specific approval. 14. The Developer shall enter into and execute an updated PUD Agreement (or similar document) as prepared by the City Attorney. RESOLUTION NO. 2017- February 13, 2017 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA JANUARY 12, 2017 mraK,IIM1fl!i1 The Planning Commission meeting was called to order by Chair Christensen at 7:00 p.m. 0000UiJRflIU Chair Randy Christensen, Commissioners Alexander Koenig, Jack MacMillan, Stephen Schonning, Rochelle Sweeney, and Susan Tade were present. Commissioner Carlos Morgan was absent and unexcused. Also present were Secretary to the Planning Commission Tim Benetti and Michaela KujawaDaniels, TimeSaver Off Site Secretarial, Inc. 3.APPROVAL OF AGENDA - JANUARY 12, 2017 There was a motion by Commissioner Schonning, seconded by Commissioner MacMillan, to approve Planning Commission Meeting Agenda. 4.APPROVAL OF MINUTES - DECEMBER 15, 2016 There was a motion by Commissioner Tade, seconded by Commissioner Koenig, to approve the minutes of the December 15, 2016 meeting as submitted. The motion passed unanimously. 5.OFFICAL ADJOUNRMENT OF THE 2016 PLANNING COMMISSION There was a motion by Commissioner MacMillan, seconded by Commissioner Koenig, to adjourn the 2016 Planning Commission. The motion passed unanimously. 6.ADMINISTER OATH OF OFFICE (TO RE-APPOINT COMMISSIONERS) Secretary to the Planning Commission Tim Benetti collectively administered the Oath of Office to Commissioners Jack MacMillan, Stephen Schonning, Susan Tade, and Randall Christensen. 7. ROLL CALL OF THE 2017 PLANNING COMMISSION Chair Randy Christensen, Commissioners Alexander Koenig, Jack MacMillan, Stephen Schonning, Rochelle Sweeney, and Susan Tade were present. Commissioner Carlos Morgan was absent and unexcused. Also present were Secretary to the Planning Commission Tim Benetti and Michaela Kujawa-Daniels, TimeSaver Off Site Secretarial, Inc. ELECTION OF PLANNING Kf1 (S)ICHAIRPERSON DMYE AR PC Minutes 01-12-17 -1- Mr. Benetti explained at this time, any Planning Commissioner may verbally nominate one or more members of the group, with a second to each nomination required, followed by choice of a paper/secret ballot vote, show of hands, or voice vote. There was a consensus of the Commission at the December 15, 2016 Planning Commission meeting to nominate Chair Christensen as Planning Commissioner Chairperson. Acting Chair Christensen called for other nominations. There were no other nominations. There was a motion by Commissioner MacMillan, seconded by Commissioner Schonning, to close nominations. The motion passed unanimously. There was a show of hand vote to elect Chair Christensen as Planning Commissioner Chairperson. There was a motion by Commissioner Sweeney, seconded by Commissioner MacMillan to accept the results and election of Chair for the year of 2017. The motion passed unanimously. 9, APPOINTMENT OF 2017 CHAIR PRO-TEM BY CHAIRPERSON Chairperson Christensen asked if anyone was interested in serving as Chair Pro-Tem. Commissioner Koenig indicated his interest at the December 15, 2016 Planning Commission meeting and again indicated his interest in serving at Chair Pro-Tern. Chair Christensen appointed Commissioner Koenig as the Planning Commission's Chair Pro- Tern. 10.CHAIR'S EXPLANATION Chair Christensen explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. 11.PLANNING APPLICATION ITEMS Ila) APPLICATION NO. 2017-001 HOM FURNITURE INC. PROPERTY ADDRESS: 2501 COUNTY ROAD 10 (FORMER KOHL'S) Secretary to the Planning Commission, Mr. Benetti introduced Application No. 2017-001, consideration of Amendment No. 8 to the 2011 Shingle Creek Crossing Planned Unit Development, which would allow the expansion and refurbishment of the former Kohl's building PC Minutes 01-12-17 -2- into a new HOM Furniture store and multi-tenant retail store front and reduced Class I materials; allow Building X to be expanded from 19,000 sq. ft.; allow reduced setbacks for the EDA parcel; modify signage standards; modify drive-thru standards; and allow certain prohibited uses originally listed under the 2011 Shingle Creek Crossing PUD Agreement. (See Planning Commission Reports dated 01-12-2017 for Application No. 2017-001.) Mr. Benetti provided a presentation showing the background on this item and proposal for this project. Mr. Benetti stated the staff is recommending the Commission table the public hearing and delay final consideration of Planning Application No. 2017-001 until the next regular scheduled meeting. Wayne Johansen, Chairman of HOM Furniture addressed the Commission and provided some details and clarification on the proposed project, including the style of the building; the new retail elements; and the need for reduced parking for a furniture store use. Commissioner MacMillan asked where the receiving docks will be located. Mr. Johansen stated they will be behind Building Y. Chair Christensen asked if there are ordinances and laws in place that regulate what HOM Furniture could put in their windows as far as signage goes. Mr. Benetti stated within their building, they are welcome to do whatever they would like inside on their windows as these are not considered or counted in signage calculations. Chair Christensen asked if Mr. Johansen has any plans to use a lot of windows and signage within their windows. Mr. Johansen stated they don't plan to have a great deal of windows because as a furniture store they are looking for walls to put furniture against for displaying purposes, however; he noted there are some places in the building they would want to expand the lighting so they plan to put in a few more windows with that in mind. He stated they aren't sure at this time what they are going to find when digging into this building further but they plan to make this a nice site. Chair Christensen asked if HOM Furniture would be willing to add some references to being located in Shingle Creek Crossing Shopping Center to help the City promote the center and remind people they are there. Mr. Johansen stated it is too early to tell where they will land with all the signage and advertisement, but it is something they would consider down the line. Chair Christensen stated he would like to see the property still encompass the feeling and look of the other buildings that are part of the Shingle Creek Crossing. He noted he understands the desire to maintain its own identity, as they have planned but stated it would be nice to see this location still boast the Shingle Creek Crossing the City has envisioned for a long time. Commissioner Schonning stated this building has sat vacant for a number of years and he would be happy to see this developed there and encourages the applicant to proceed with signage as they wish to do so. PC Minutes 01-12-17 -3- Commissioner Koenig asked what size the sign they are hoping to have in the corner location by the medical building. Mr. Benetti stated they would like to get 350 sq. ft. sign in that space. Commissioner Koenig stated he thinks that size or larger if possible would be great for attracting traffic in to the store. Commissioner Schonning stated he agrees with Chair Christensen that the large sign is nice but he likes the idea of keeping it with the theme of the other stores in the area by adding stone and decorations as opposed to it being a big huge sign board with nothing else on it. Mr. Johansen stated they aren't opposed to keeping with the theme of the other signs he would only be concerned that adding these items to the sign would cut into the maximum sq. footage that they are allowed to have for the sign size. Mr. Benetti stated the structural unit for the sign doesn't count against the signage size; they only count the sign size of the board itself. Mr. Johansen stated they are not opposed to working with the City to get something that works best for HOM and the City for consistency purposes of Shingle Creek Crossing. Commissioner Tade stated she would personally like to see more, restaurants in this area and asked besides the parking if there are any other restrictions stopping them from renting to a restaurant tenant. Mr. Johansen replied, no there aren't any other restrictions and the easy answer would be to put a pad restaurant in those locations. He stated that would be their failback plan. Commissioner Sweeney asked about the need for reducing the Class I materials on the north side; and the difference between Class I vs. Class II materials. Mr. Benetti pulled up the Shingle Creek Crossing Architectural Guidelines (adopted by reference into the Shingle Creek Crossing PUD Agreement), and provided a brief overview of these materials. OPEN TO PUBLIC COMMENTS Chair Christensen recognized residents in the audience who wished to speak on this matter. There was a motion by Commissioner Tade, seconded by Commissioner Sweeney, to open the public hearing on Planning Application No. 2017-001, HOM Furniture Inc./Gatlin Development, at 8:39 p.m. The motion passed unanimously. Chair Christensen called for comments from the public. There were no individuals in attendance and no comments received at that time. There was a motion by Commissioner Sweeney, seconded by Commissioner Koenig, to table Planning Commission Application No. 2017-001 consideration of Amendment No. 8 to the 2011 Shingle Creek Crossing Planned Unit Development, until the next regular Planning Commission meeting. The motion passed unanimously. Voting in favor: Chair Christensen, Commissioners Koenig, MacMillan, Schonning, Sweeney and Tade. PC Minutes 01-12-17 -4- And the following voted against the same: None The motion passed unanimously. 12.DISCUSSION ITEMS There are none. 13.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 8:48 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 January 12, 2017. 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 January 26, 2017 meeting. Tim Benetti, Secretary Randall Christensen, Chair PC Minutes 01-12-17 -5- OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA JANUARY 26, 2017 6a) APPLICATION NO. 2017-001 HOM FURNITURE INC./GATLIN DEVELOPMENT IJ tI)4 mi W'I I] )J.1 a'1IJtEIIuh1 i'a ei ii CIII O) 1II aEO] :1 N Chair Christensen introduced Application No. 2017-001, Consideration of Amendment No. 8 to the 2011 Shingle Creek Crossing Planned Unit Development (See Planning Commission Reports dated 01-12-201 7for Application No. 2017-001) It was noted that notice was published in the local Sun-Post and notice letter were delivered to all properties within 350 feet of the subject site. Chair Christensen stated he wanted to open the public forum next and would ask questions upon hearing their statements and input. 0 PUBLIC COMMENTS - APPLICATION NO. 2017-001 Chair Christensen recognized residents in the audience who wished to speak on this matter. There was a motion by Commissioner Sweeney, seconded by Commissioner MacMillan, to open the public hearing on Application No. 2017-001, at 8:54 p.m The motion passed unanimously. No one wished to address the Commission. 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. 2017-001, at 8:57 p.m. The motion passed unanimously. It was the consensus of the Planning Commission to approve the application with the following Amendment: 1. Applicant is permitted to have one large freestanding sign not to exceed 350-sq. ft. in lieu of two signs sized at 250-sq. ft. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2017-01 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISION APPLICATION NO. 2017-001 SUBMITTED BY HOM FURNITURE INC. AND GATLIN DEVELOPMENT COMPANY FOR PLANNED UNIT DEVELOPMENT AMENDMENT NO. 8 TO THE 2011 SHINGLE CREEK CROSSING PLANNED UNIT PC Minutes 01-26-17 -6- DRAFT DEVELOPMENT AND SITE AND BUILDING PLAN FOR HOM FURNITURE STORE (LOCATED AT 2501 COUNTY RD 10) There was a motion by Commissioner Koenig, seconded by Commissioner Tade to approve Planning Commission Resolution No. 2017-01 as amended Voting in favor: Chair Christensen, Commissioners Koenig, MacMillan, Schonning, Sweeney and Tade. And the following voted against the same: None The motion passed unanimously. PC Minutes 01-26-17 -7- DRAFT rTER." Planning Commission Report Meeting Date: January 26, 2017 o Application Filed: 12/19/16 o Application Deemed Complete: 12/19/16 o Review Period (60-day) Deadline: 02/17/17 Extended Review Period Deadline: N/A Application No. 2017-001 Applicant: HOM Furniture Inc. / Gatlin Development Location: 2501 County Road 10 Shingle Creek Crossing PUD Project Site Request: Planned Unit Development Amendment No. 8 and Site Plan Approval INTRODUCTION HOM Furniture Inc., in conjunction with Gatlin Development requests consideration of the eighth amendment to the 2011 Shingle Creek Crossing PUD development plans. The PUD Amendment includes a number of changes and modifications made under the original 2011 PUD Agreement, which will assist in the redevelopment of the former Kohl's store site into a new HOM Furniture store, along with the option in developing the adjacent city-owned EDA lot. HOM also seeks approval of a Site and Building Plan application to the former Kohl's retail building, which includes a new two-story, 24,622 sq. ft. (gross sq. ft.) addition, which would provide 11,805 sq. ft. for new multi-tenant retail user space (first floor), and 12,817 sq. ft. of additional 2nd floor space for HOM's use. The PUD Amendment was given separate consideration before the Planning Commission at the January 12, 2017 meeting, with the understanding that official consideration of the new Site and Building Plans for HOM Furniture store improvements would be delayed to this January 26th meeting. It was indicated at this last meeting that Gatlin may have the necessary stormwater management plan available for review for the city engineers to complete their overall review of this application. Gatlin's engineering consultants with Kimley-Horn Assoc., who prepared the overall drainage report for the 2011 Shingle Creek Crossing development, has been in contact with Shingle Creek Watershed Commission and is preparing the necessary storm water management/drainage plan and report for this particular area, which they hope to have submitted to the watershed very soon. This Site Plan application is being presented with the understanding (and condition) that the local watershed commission approval is required before the issuance of any permits for land disturbance, demolition and/or building improvements. This public hearing item was officially tabled at the last meeting; and therefore the Commission will be asked to re-open the hearing; ask for staff presentation of the new Site Plan for HOM; discuss; close the hearing; and formulate a recommendation accordingly. App. No. 2017-001 PC 0 1/26/17 Page 1 BACKGROUND The Shingle Creek Crossing PUD Amendment proposal was submitted along with the proposed SCC Master Plan - December 2016 (shown on the image below). S. 4 Seam SHINGLE CREEK CROSSING BROOKLYN CENTER, MN MASTER PLAN • - COJITO ROAD HG 10 J • 1 - Ill . ,. - i ••- - - -- ? - GATLINDEVELOPMENTCOMPANY Kimey>>>Horn - As a reminder, HOM is seeking the following modifications or additions: a)allow the addition of a 2-story, 24,000 sq. ft. addition to the former Kohl's building; b)allow reduced amount of Class I materials to the refurbished Kohl's building; C) allow a reduced parking ratio from 4.5 spaces per 1,000 sq. ft. of building space to 1 space per 1,000 sq. ft. for a proposed furniture showroom and warehouse; d)allow future BLDG. X to be expanded from 19,000 sq. ft. to 48,000 sq. ft.; e)allow site to have regular C-2 Zone sign standards as found in Chapter 34, Brooklyn Center Sign Code as opposed to the approved 2011 Shingle Creek Crossing Sign Program Plan; f)allow anew dynamic message sign of 350 sq. ft. on the subject site; g)allow reduced setbacks on the EDA lot for future development by HOM Inc., with further allowances to omit the standard: "Drive-thru or service lanes shall be screened with berming, landscaping or fencing'; h) allow certain prohibited uses listed under the 2011 Shingle Creek Crossing PUD Agreement. The PUD Plan calls for the improvements to the former Kohl's building, which include re- furbishing the outer shell with new materials, and the expansion of the building with new retail space and storage/display area for HOM. These improvements are generally laid out on the new Site Improvement Plans HOM Furniture - Building Y for Shingle Creek Crossing plan set attached hereto. SITE & BUILDING PLAN CONSIDERATON The Site and Building Plan represent the modifications to the outer shell of the former Kohl's App. No. 2U1 /-UU1 PC 01/26/17 Page 2 building, along with a two story, approx. 25,000 total square foot addition. HOM intends to use the first story as 11,805 sq. ft. of available retail/tenant space (illustrated with five separated spaces for now), which will be controlled or leased out by HOM only. The upper (remaining) 12,817 sq. ft. of this addition will be tied into the 2d floor space of the new HOM store, to be used for added storage or display area. Bldg. Y (old Kohl's) is shown with its original footprint, along with a new two-story, 24,000+ sf. total square foot addition on the west side of the building. HOM intends to remodel the entire interior areas of the structure, and "re-skin" or modify a majority of the exterior similar to the conceptual elevation designs shown in the images below. The two-story addition will be allow for the first floor to be available for 11,805 sq. ft. of new retail (multi-tenant) space, while the upper portion of 12,817 sq. ft. will be opened up to the 2 floor of the HOM store and used for additional floor/display area. HOM intends to replace or repair any outdated or inefficient mechanicals, and replace/repair the roof as needed. The PUD Amendment also requests the City to allow a reduced amount of Class I materials to one face of the planned refurbished Kohl's building. This reduced face is located on the north side, along County Rd. 10 frontage. HOM is asking that instead of 50% of Class I materials, they be allowed to reduce to 25% of Class I, with remaining 75% as Class II materials. Parking & Access Considerations The existing Kohl's lot consists of 6.83 acres, with an approx. 75,000 sf. retail building, and 447 App. No. 2017-001 PC 01/26/17 Page 3 parking spaces. The original Bldg. X that was approved under PUD #7 was intended to be a new 9,400 sq. ft. retail building, with 51 spaces (at 5.43 spaces/1,000 sf. - which exceeds the 4.5/1,000 sf. required under the SCC PUD). The expanded Bldg. X proposed under this PUD Amendment request is now shown as a 3-story, 48,000 sq. ft. medical office building. Both the HOM Furniture and future Bldg. X share the same lot; and hence shared parking between uses. HOM has submitted a request under this PUD Amendment to reduce the amount of parking from 4.5 spaces per 1,000 sq. ft. of retail floor space down to 1 space per 1,000 sq. ft. This reduction only applies to the HOM Furniture store use. The retail expansion area will be parked at the current 4.5 per 1,000 standard. BUILDING DESIGNATION AREA (SOFT)REQUIRED PARKING PARKING RATIO EXISTING BUILDING 72,300 73 STALLS 1 STALL! 1000 SF NOM EXPANSION 12,817 13 STALLS 1 STALL/ 1000 SF NEW RETAIL 11 ,805 53 STALLS 4.5 STALL! 1000 SF To lend support to this request, HOM submitted for consideration the table below, which indicates what other communities calculated in other HOM store uses within these cities: MOM Locations Bloomington Sliding scale from 1 per 333 s.f. to 1 per 1,000 s.f. See Sec 21.301.06 Coon Rapids 1 per 1,000 s.f. Rochester 1 per 600 s.f. Rogers 1 per 622 s.f. St Cloud 1 Per 1,000 s.f. under 100k s.f. and 1 per 1,200 s.f. over 100,000 s.f. Sioux Falls 1 per 600 s.f. HOM is basing this request on these other city allowances, and the reasons being the larger, open store is used for more display, full-scaled room set-ups and arrangements, and warehouse space than a typical retail shopping store. Customer traffic is usually limited to a smaller than average number compared to other retail stores, and reduced parking has never been an issue with other furniture store sites they operate. Based on this requested reduction, the HOM store (and retail outlet) is indicating only 139 spaces would be allocated to HOM. The Applicant's Site Data Table (partial clip below) indicates the lot for Bldg. X and Y (Lot 2, Block 2) is identified with 361 spaces. App. No. 2017-001 Pc 01/26/17 Page 4 I S LOT 3. BLOCK I 1.54 ACRES 5,500 SO. FT.55 SPACES 10.00 X 1 LOT 2, BLOCK 2 -40,000 SO FT. Y I LOT 2. BLOCK 2 662 ACRES 96.922 SO FT.361 SPACES 372 TOTAL 68ISACRES 702,318 SO. FT.3368 SPACES 6.52 IAKILINIi I LI Lit: SMAKLZLI ML I WLLN LIUILUINC3S ?( ANI) Y Pursuant to City Code 35-700 Off Street Parking Requirements, the following standards apply to medical and regular office uses: f Medical and dental clinics. 3 spaces for each doctor/dentist, plus 1 space for every 2 employees or 1 space for each 150 square feet of gross floor area, whichever requirement is the greater. g. Office Buildings, exclusive of those specific uses otherwise listed in this section: Building Gross Floor Area ('G.F.A.)I Required Spaces 20,000 - 220,000 sq. ft.G.F.A. .0005 G.F.A. + 190 Under the medical office use, Bldg. X calculates as follows: 4800 / 150 sf. 320 spaces ( Office Bldg. use calculates as follows: 4800 / (.0005 48,000) + 190 = 224 spaces. Subtracting the 139 spaces allocated for HOM from the 361 total stalls leaves only 222 spaces for Bldg. X. It should be noted that the 222 spaces does exceed the 4.5/1,000 sf1 required under the SCC-PUD Agreement for retail uses. As for access, the new HOM store will still have main access from the main drive lane coming off Co. Rd. 10, directly south from Shingle Creek Parkway intersection. There are no plans to increase this access or any other openings to the sites. The Developer is also showing the closure of the free right-turn lane off Co. Rd. 10 north of the building (see image below). The City has made it part of previous agreements with the developer that this access would be closed off once this Kohl's site was re-developed. App. No. 2017-001 PC 01/26/17 Page 5 20 WATERMAIN AND SANITARY SEWER -.EXISTING FULL EASEMENT - ACCESS TRAFFIC SIGNAL -----------------------PUD-- ,DRIVE-THRU LANE -BOUN /- (TYPe pr '. - 20' D&U EASEMENT LOT 1, DRAINAGE & UTILITY EASE -(WIDTH V' 1 )TA IL_- - CLOSE FREE - - RIGHT - - EXISIIN5 SIDEWALK LOT 2 BLOCK 2 '-5-- 5 II 922sr i Signage Considerations HOM Inc. requests modifications or additional sign allowances than those originally granted under the 2011 Shingle Creek Crossing Sign Program. HOM is asking the City to allow regular C-2 Zone sign standards (as found in Ch. 34-Sign Code) to apply, instead of the limited standards found in the 2011 Sign Plan presented by Gatlin Development and later adopted by the City under the 2011 Shingle Creek Crossing PUD Agreement. The request also includes an allowance to have a 350 sq. ft. dynamic message board sign on the HOM site; along with additional freestanding sign on the medical office site. Under the SCC Sign Plan, this HOM site would be considered a "major tenant", and its sign allowances are noted in the Shingle Creek Crossing Sign Program. The Plan states that all wall sign sizes are limited to 1.5 sq. ft. per linear foot of leased premises; with primary signs further limited to 70% of adjacent wall surface and no higher than 6-ft. max.; while secondary sized signs limited to 70% of adjacent wall surface and 1.5-ft. in max. height; and all wall signage is limited to 350 sq. ft. in total area per elevation/side of building. The Kohl's building has a linear wall frontage of approx. 224 feet on the large wall faces (west and east elevations); and 160 linear feet on the shorter (south and north elevation) sides. The building is approx. 52 feet in height. Under the SCC Sign Plan, up to 337.5 sq. ft. of signage is available for the west/east elevations, and 240 sq. ft. of signage to the south/north elevations. '-"--S S SSS - PC 01/26/17 Page 6 HOM has submitted its own sign plan with the following allowances: 923 sq. ft. of signage to the south elevation; 843 sq. ft. for the west elevation; 1,091 sq. ft. along the east elevation; and 275 sq. ft. for the north elevation. I The C-2 Sign Standards found under Ch. 34-Sign Code allows the aggregate areas of wall signs not to exceed up to 15% of the wall supporting the signs (essentially 15% of total wall area. The 224' x 52' wall face equals 11,648 sq. ft. of wall space, which would allow tip to 1,747 sq. ft. of total wall signage. The smaller 160' x 52' walls equates to 8,320 sq. ft., or 1,248 sq. ft. of allowable signage. Under each wall sign illustration, the new HOM store either exceeds or greatly exceeds the App. No. 2017-001 PC 01/26/17 Page 7 allowable amount of wall signage called for under the 2011 Shingle Creek Crossing PUD Sign Plan. However, under the City's Sign Code standards for C-2 properties, all new signs would be under the allowances based on these regular signage standards. Because this old Kohl's site is somewhat detached and separated from the main elements or improvements inside the SCC PUD, city staff is not too overly concerned with granting or allowing this added signage for this HOM store building, since the C-2 standards already allow for increase signage to begin with, and the building is large enough to support the extra signage. As for the new (proposed) freestanding signs. The 2011 Shingle Creek Crossing PUD Agreement limited the number of freestanding signs throughout the PUD area based on the following approvals: Two freestanding signs, each up to 350 sq. ft. in area, are allowed along hWY 100, two freestanding signs are allowed along Bass Lake Road up to 140 sq. ft., and two freestanding signs along Xerxes Ave. up to 140 sq. ft is allowed as development identification signs as illustrated on Attachment Four and Fifteen. Four monument signs up to 140 sq. ft are allowed along Bass Lake Road, and one monument sign up to 140 sq. ft. is allowed along Xerxes Ave. Under the C-2 sign standards in Zoning Ch. 34-Signs, a commercial building above 24,000 sq. ft. is allowed the following freestanding sized signs [as an individual establishment]: 2. Freestanding Signs a. Individual Establishments Individual detached establishments or enterprises not clustered in a shopping center complex or in a multitenant office or industrial building may have one freestanding sign according to the following schedule. In the event such establishments abut two or more streets which are at least collector or arterial in character, and if the abutment on each street exceeds 400 feet, one freestanding sign may be erected along each such street according to the following schedule: Building Gross Floor Area Max. Sign Area Max. Sign Height Square Feet Square Feet (Above 1st Fir.) Feet Above 24,000 250 32 The two 350-sq. ft. freestanding signs inside the Shingle Creek Crossing PUD today were ahold- over from the previous Brookdale Mall planned unit development agreement of 1998, which the Developer wanted extended to the newly redeveloped PUD. These two large-scale signs are now evident along HWY 100 frontage, and are used to display the major, multiple store tenants inside the new mall area. The Developer also chose to limit individual freestanding signs on all individual parcels, by strategically placing the smaller 140 sq. ft. multiple tenant display signs throughout the development, primarily near the entry points. Since the Kohl's/HUM frontage along County Rd. 10 and HWY 100 exceeds 400-ft. along each major (arterial) roadway, under the normal; C-2 Zone sign standards, HUM would be entitled to App. No. 2017-001 PC 01/26/17 Page 8 place two, 250-sq. ft. sized freestanding signs along each roadway. Each sign would also be allowed to be fully dynamic or full electronic message board. The allowance that HOM is requesting under this PUD Amendment request is quite significant when compared to the approved 2011 PUD Agreement and Sign Plan between Gatlin and the City. Gatlin purposefully chose to limit the amount of individual signage inside the mall area in order to avoid over clustering of freestanding signs, and limit large, out-of-character wall signs that could detract from the newer architectural style and enhanced design of the buildings planned under this PUD. The image below illustrates a plan to install the HOM sign near the southern-most corner of the old Kohl's lot, in front of the proposed medical office building. --W- ®R-.0 Ea Medical Office's Sian HOM is also showing a new freestanding sign near the main entrance (off the main access road), which appears to be for the new medical office uses. Although staff acknowledged this ETOM site is somewhat detached and separated from the main part of the SCC-PUD, and essentially will function on its own accord, City staff would still like to maintain a sense of consistent and combined design criteria over the entire PUD site regarding signage, including this HOM and surrounding developments. With that being said, Staff suggests that having three, 350-sq. ft. signs along the HWY 100 frontage may be a bit too much, and recommends HOM reduce the size of their individual sign to only 250-sq. ft. App. No. 2017-001 PC 01/26/17 Page 9 Although entitled to an additional 250 sq. ft. sign along Co. Rd. 10, the City is accepting HOM' s request to provide additional and much larger wall signs on the building, so an additional freestanding sign is not warranted along this frontage. Furthermore, any additional freestanding signs for the proposed "Medical Office" and EDA lot may be allowed, but should be limited to the C-2 Sign Code standards as well. RECOMMENDATION Staff recommends the Planning Commission adopt the attached Resolution No. 2017-01, which comprehends the approval of Planning Application No. 2017-001, 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), along with the related Site Improvement Plans HOM Furniture - Building Y for Shingle Creek Crossing, sub] ect to the following conditions and allowances: 1.Developer shall comply with all conditions or request of additional information as noted in the City Engineer Review Memorandum, dated January 5, 2017 2.Developer is allowed to amend the 2011 Shingle Creek Crossing Planned Unit Development by allowing the following uses: a)Medical Office Building - with typical tenants that may do surgeries, urgent care and treat patients in offices; b)Medical and Dental Laboratories; C) Educational Uses listed in Zoning Code Section 35-322.l.h.; d)Transient lodging, provided they are limited to hotel use only, and no motels. e)Animal Hospitals, provided any outdoor kennel runs or activity areas for pets being cared for in the hospital is screen with an opaque fence and regularly cleaned and maintained. Developer is allowed to construct a 2-story, 24,622 sq. ft. addition to the former Kohl's building, with approximately one-half of this space to be used for new multi-tenant retail spaces, and one-half to be used as additional floor space for the new HOM Furniture store. 4.Developer is allowed to a reduction of Class I materials along the north elevation side of the new HOM store building, provided all other elevations receive the 50% Class I and 50% Class II ratio. 5.Developer is granted the reduced parking ratio allowance from 4.5 spaces per 1,000 sq. ft. of building space to 1 space per 1,000 sq. ft. and attributed to the new HOM Furniture store use only. All other uses must maintain the 4.5/1,000 ratio as prescribed in the 2011 Shingle Creek Crossing PUD Agreement. 6. Developer is allowed to expand proposed/future Building X from 19,000 sq. ft. to 48,000 sq. ft. for a medical/multi-tenant office building. A separate Site and Building Plan application will be required before any approvals are granted for the new Bldg. X App. No. 2017-001 Pc 01/26/17 Page 10 improvements. 7.Developer is allowed reduced setback of 20 feet on the EDA lot (Building F) for future development if needed. A separate Site and Building Plan application will be required before any approvals are granted for the new Bldg. F improvements. 8.The allowances to omit the standard: "Drive-thru or service lanes shall be screened with berining, landscaping or fencing" is not recommended and will remain intact. 9.Developer is allowed to have all new wall signs comply with the C-2 Zone sign standards established under the Ch. 34-Sign Code; and only one (1) new freestanding sign up to 250 sq. ft. along the HWY 100 frontage is allowed, which can either be a regular static message or dynamic sign per City Code Ch. 34. 10.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. 11.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. 12.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. 13.No other allowances as illustrated or indicated on the submitted "Shingle Creek Crossing PUD Amendment No. 8 Plans shall be comprehended or permitted under this specific approval. 14.The Developer shall enter into and execute an updated PUD Agreement (or similar document) as prepared by the City Attorney. Attachments • City Engineers Review Memo (01/05/2017) • Shingle Creek Crossing PUD Amendment Plans No. 8 • Site Improvement Plans - HOM Furniture - Bldg. Y App. INO. LU! /-UUI PC 01/26/17 Page 11 BROOKLYN CENTER r Planning Commission Report Meeting Date: January 12, 2017 • Application Filed: 12/19/16 • Application Deemed Complete: 12/19/16 • Review Period (60-day) Deadline: 02/17/17 • Extended Review Period Deadline: N/A Application No. 2017-001 Applicant: HOM Furniture Inc. / Gatlin Development Location: 2501 County Road 10 Shingle Creek Crossing PUD Project Site Request: Planned Unit Development Amendment No. 8 and Site Plan Approval INTRODUCTION MOM Furniture Inc., in conjunction with Gatlin Development requests consideration of the eighth amendment to the 2011 Shingle Creek Crossing PUD development plans. The PUD Amendment includes a number of changes and modifications made under the original 2011 PUD Agreement, which will assist in the redevelopment of the former Kohl's store site into a new MOM Furniture store, along with the option in developing the adjacent city-owned EDA lot. HOM also seeks approval of a Site and Building Plan application to the former Kohl's retail building, which includes a new two-story, 24,622 sq. ft. (gross sq. ft.) addition, which would provide 11,805 sq. ft. for new multi-tenant retail user space (first floor), and 12,817 sq. ft. of additional 2nd floor space for HOM's use. There are no Site and Building Plan applications submitted for consideration on the proposed BLDG. X or BLDG. F sites as shown on the attached PUD Plans. These new buildings will require separate site and building plan approvals when time comes for the HOM Inc. and/or the Gatlin Development decides to initiate construction of these buildings. 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 and provided for the overall redevelopment of the Brookdale Mall properties. This mall originally consisted of over 1.1 million square feet of retail space, which was reduced by the demolition of 760,000 sf. of old mall space, followed by the planned renovation of 123,242 sq. ft. of the former Food Court space; the redevelopment of over 403,000 square feet of new retail commercial and restaurant uses; and approval of the Single Creek day lighting features. PUD Amendment No. 2 was approved a short time later on September 12, 2011, which provided for the physical separation of the food court building from Sears; the renovation/conversion of the Food Court's space from 123,242 sq. ft. to 150,591 sq. ft.; the removal of Building N between Sears and Wal-Mart; and the addition of a new 6,000 sf. commercial pad site located at the southeast corner of Xerxes Avenue/56t" Avenue entrance. App. No. 2017-001 PC 01/12/17 Page 1 -- -.-i,. t. Jle.1 ( 4. m \ \>r : Y RIAD P. r PUD Amendment No. 3, adopted September 24, 2012, provided for the replatting of certain lots and revisions to new certain building pad sites (Building D, Building Q, and Building 0 restaurant pad site). PUD Amendment No. 4, adopted October 14, 2013, approved the removal and replacement of the former Brookdale Mall Food Court and replacement plan with ten (10) new retail/service buildings. PUD Amendment No. 5 was related to various sign allowances granted throughout the Shingle Creek Crossing PUD. PUD Amendment No. 6 was adopted June 9, 2014, and included changes to the Food Court redevelopment areas, a new 5,400 sq. ft. restaurant pad site as Buildings R; new 5,500 sq. ft. restaurant pad site as Building T; revised size and layout of Bldg. B from 8,500 sq. ft. to 6,673 sq. ft.; and approval Shingle Creek Crossing 5th Addition. The last and most recent PUD Amendment No. 7 was adopted November 9, 2015, which authorized the re-subdivision of the Kohl's store property into two separate lots, and the planned development of a new BLDG. X. - a 9,400 sf1 commercial retail building with reduced setbacks. This PUD Master Plan is shown on the image below: , I /() • : - ej .'-• / •1•' /.4 _1_ \ NY - — .• / .. SHINGLE CREEK CROSSING BROOKLYN CENTER, MN MASTER PLAN CD SEPTE?.EEB 20U Kimley >I-1orn \ On September 29, 2016, Buhl Investors submitted for consideration the first PUD Amendment No. 8 application, which included plans to redevelop the former Kohl's site into a new commercial self-storage facility, relocate and expand future BLDG. X; and replat the old Kohl's lot into two newly configured parcels. At the October 13, 2016 meeting, the Planning App. No. 2017-001 PC 01/12/17 Page 2 Commission adopted (on 4-2 vote) a resolution recommending approval of said PUD Amendment. However, the follow-up meeting before the City Council did not turn out as favorably; and the City Council directed city staff to prepare a resolution denying said request. Prior to the official presentation of this resolution, Buhl Investors elected to withdraw their application, which allowed HOM Furniture to re-engage with Gatlin Development in securing the development rights to this former Kohl's site, along with the adjacent city-owned EDA lot. PUB AMENDMENT ANALYSISRecords 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), the Developer intended 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 unfortunately there have been only a handful interested parties seeking to lease or purchase this space, none of which reached fruition. HOM Furniture, in conjunction with Gatlin Development requests consideration of an eighth amendment to the 2011 Shingle Creek Crossing PUD development plans. The requested amendment proposes the following modifications or additions: a)allow the addition of a 2-story, 24,000 sq. ft. addition to the former Kohl's building; b)allow reduced amount of Class I materials to the refurbished Kohl's building; C) allow a reduced parking ratio from 4.5 spaces per 1,000 sq. ft. of building space to 1 space per 1,000 sq. ft. for a proposed furniture showroom and warehouse; d)allow future BLDG. X to be expanded from 19,000 sq. ft. to 48,000 sq. ft.; e)allow site to have regular C-2 Zone sign standards as found in Chapter 34, Brooklyn Center Sign Code as opposed to the approved 2011 Shingle Creek Crossing Sign Program Plan; f)allow a new dynamic message sign of 350 sq. ft. on the subject site; g)allow reduced setbacks on the EDA lot for future development by HOM Inc., with further allowances to omit the standard: "Drive-thru or service lanes shall be screened with henning, landscaping or fencing"; h) allow certain prohibited uses listed under the 2011 Shingle Creek Crossing PUD Agreement to be considered "allowable" as part of this PUD amended area: a)Medical Office Building - with typical tenants that may do surgeries, urgent care and treat patients in offices; b)Medical and Dental Laboratories; c)Educational Uses listed in Zoning Code Section 35-322.1 .h.; d)Drop in child care centers listed in Zoning Code Section 35-322.1.k.; e)Gasoline Service Stations; f)Transient lodging; g)Animal Hospitals; and h)Group day care facilities. HOM Furniture and Gatlin Development have presented for review an updated Shingle Creek App. No. 2017-001 PC 01/12/17 Page 3 Crossing Master Plan, dated December 2016, and shown in the image below. CP to I SHINGLE CREEK CROSSING BROOKLYN CENTER, MN MASTER PLAN DECUTER 201 CD -. \'- :i -/ • 4 GATUNDE\LOPMENTCO\IP Kirnley>>)Horn The PUD Amendment is applicable to the area shown in the purple/fuchsia outline seen below: 1 -- ---------------- ------- - MODIFIES SITE- - REDUCED ----BUILDING EXPANSION -_7N R1fl\ ®%%i \ \\ MMO \ - NEVIPYLON SIGN \I NEW PYLON I SIGN \x .,'EXPANSION• ENLARGED BUILDING X - NEW USE (OFFICE/ MEDICAL CENTER) SYMBOL LEGEND: 1€8I1 F1WOtEQ PASO MO D.HP,ttJ P0050 1010 MGI PL&%S) SIGN LEGEND: App. No. 2017-001 PC 01/12/17 Page 4 The new Master Plan also illustrates the expanded area of the Shingle Creek day-lighted areas, ( which entails the loss of Bldg. 0 and Q pad sites, and the planned relocation of Bldg. M for a later PUD plan presentations. The Developer prepared an updated PUD Plan map that shows an approximate location of the relocated Bldg. M along the expanded Shingle Creek/ponding area (circled image below). ¶2LANETYP ----------.--t -1 EASEMENT BLOC CY) LOT i .OUTLOTA / - ---.------- I& BLOCK2 \T'\ .4 T . LOT 2.RAiNAGE 1u -.SEliENT . ,I.\-T 5 BLOCK 2 10T-j, ' -(WIDTH ES) LOC \\ \\\ :-% / ' \ \\ 57 BLOCK 20 D&UUTILIMTY U EASEF4ENT\ L EASEMEI1T(. 4 \ TRAIL EASEI,IENT A,-- ( EASEMENTES (WIDTH VAR LOC I LOT 4, -/H B LOC K1/ At the July 26, 2016 Work Session, the City Council responded favorably to a policy question that provided direction to city staff to proceed with options in acquiring the three lots from Gatlin Development, in order to correct and enhance the daylighting feature in this area. The goal is to preserve at least one restaurant site; replace a non-functioning day-lighted creek system; expand a more suitable water element/feature in this area; and provide for increased ponding. The City recognizes this expanded ponding areas may be used to assist HOM and the surrounding sites to the east for individual storm water runoff management; and may provide possible floodplain credits; or off-site parking area should H0M (or others) require additional parking. Although illustrated on this updated master plan, this planning report is focused on and addressing the northeasterly segment of this PUD site around the Kohl's and EDA lots only. Building & Uses Considerations Bldg. Y (old Kohl's) is shown with its original footprint, along with a new two-story, 24,000+ sf. total square foot addition on the west side of the building. HOM intends to remodel the entire interior areas of the structure, and "re-skin" or modify a majority of the exterior similar to the conceptual elevation designs shown in the images below. App. No. 2017-001 PC 01/12/17 Page 5 The two-story addition will be allow for the first floor to be available for 11,805 sq. ft. of new retail (multi-tenant) space, while the upper portion of 12,817 sq. ft. will be opened up to the 2d floor of the HOM store and used for additional floor/display area. HOM intends to replace or repair any outdated or inefficient mechanicals, and replace/repair the roof as needed. The PUD Amendment also requests the City to allow a reduced amount of Class I materials to one face of the planned refurbished Kohl's building. This reduced face is located on the north side, along County Rd. 10 frontage. HOM is asking that instead of 50% of Class I materials, they be allowed to reduce to 25% of Class I, with remaining 75% as Class II materials. JIIIUiiIIiUNJIIIIIfflllllL-.ii Bldg. X was originally slated to become a one-story, 9,400 sq. ft. retail building space (see image below - left). HOM Inc. is electing to acquire the development rights to this building pad site from Gatlin, and is also asking to increase this building to a 3-story, 48,000 sq. ft. size for potential medical office building (see image below - right). ISMG $ INS SHINGLE S \•IONALTRAILO - \__S S EXISTING DAYUGNTEO I - SHINGLEREEK on /TALCOlECTION App. No. 2017-001 PC 01/12/17 Page 6 There are no firm plans yet on any user or operator of this medical office facility, but HOM is ( confident they may be able to secure a medical provider sometime in the future. This increased bundling size does have a direct impact on the amount of parking needed on this site, which will be addressed later in this report. As part of this overall redevelopment of the old Kohl's site, HOM is also negotiating to acquire the development rights to the city-owned EDA lot (former Ground Round restaurant site), which is still designed to become a new 14,000 sq. ft. commercial/retail building, with allowance of a new drive-thru service lane or pick-up window if needed. o - - I I PYLON SIGN -- - - MONUMENTSV3N - - 4717 L ,, The EDA has established minimum requirements on the conveyance of this lot to become part of the Shingle Creek Crossing PUD, which requires any new development to be either a 4,000 sf sit-down restaurant or 8,000 sf retail building. There are no major modifications expected from HOM on this site, other than allowances for reduced setbacks from the outlot owned by Gatlin, and currently used for the PUD's freestanding tenant identifier sign (see image below). INU. 4_ti I I PC 01/12/17 Page 7 HOM has also asked for an allowance to omit the standard: "Drive-thru or service lanes shall be screened with berming, landscaping or fencing." Although the development outcome of this EDA lot remains unknown, nor known if the building on said lot needs a drive thru lane or similar, city staff is not supportive of omitting this important screening measure standard for this particular lot. The proposed layouts of a swing-around drive thru lane and side pick-up window will more than likely see cars headed or pointing north towards County Road 10 roadway and the Twin Lake Regional Trail system along said road, so it becomes important to screen headlight wash onto these systems as much as possible. Therefore, staff would recommend this standard to omit screening measures not be granted at this time. As for permitted uses under this PUD Amendment, HOM Inc. is requesting the allowances of certain uses that were generally prohibited under the original 2011 Shingle Creek Crossing PUD Agreement between Gatlin Development and the City. The following uses were specifically identified as prohibited uses under the 2011 Agreement: 1)Hospitals, medical and dental laboratories, and nursing care homes; Contractor/construction uses; 2)Educational uses (listed in City Code Section 35-322.1.h.); 3)Chapels, churches, temples, mosques, and synagogues; 4)Funeral and crematory services; 5)Drop-in child care centers; 6)Gasoline service stations; 7)The sale of motor vehicles; 8)The out-of-door display or sale of marine craft; 9)Transient lodging; 10)Animal hospitals; 11)Clubrooms and lodges; 12)School bus garage facilities; 13)Automobile and truck rental and leasing; 14)Group day care facilities; and 15) Transient overnight parking and/or overnight RV parking is not allowed. The uses offered by HOM to allow within this PUD area only include the following uses: a)Medical Office Building - with typical tenants that may do surgeries, urgent care and treat patients in offices; b)Medical and Dental Laboratories; c) Educational Uses listed in Zoning Code Section 35-322. 1.h.; d,) Drop in child care centers listed in Zoning Code Section 35-322.1. k., e) Gasoline Service Stations; J) Transient lodging g)Animal Hospitals; and h)Group day care facilities. Staff does not object to allowing the Medical Offices, Medical/Dental Lab; Educational Uses App. No. 2017-001 PC 01/12/17 Page 8 limited to those under Zoning Code Section 35-322.1.h. Staff is also open to the idea of allowing "Animal Hospitals", provided that any outdoor play or recreational area is completely screened from view and regularly cleaned. Transient lodging is defined as follows: Transient Lodging - A multiple living accommodation such as a hotel or motel in which lodging is commonly offered for periods of less than a week but which may include one dwelling unit for a live-in resident manager. The difference between hotels and motels are noted in their respective definitions as follows: Hotel - A building which provides a common entrance, lobby, and stairways, and in which lodging is commonly offered with or without meals for periods of less than a week. Motel - A hotel in which rooms are directly accessible to an outdoor automobile parking area. While staff does not object to Transient Lodging as an allowable use, this use should be limited to hotel uses only, with no motels allowed. The Drop-in Child Care Center and Group Day Car facilities are defined as follows: Drop-in Child Care Center - A facility licensed by the Minnesota Department of Public Welfare to provide child care on an irregular basis for periods not to exceed five (5) consecutive hours in a given 24 hour period. Such centers are intended to provide babysitting service for parents who wish to shop and/or pursue leisure activities and do not provide regular care of children while parents travel to a place of work Group Day Care Facility A facility licensed by the Minnesota Department of Public Welfare to provide child care for six or more children atone tune. This term also includes, but is not limited to, facilities having programs for children known as nursery schools, day nurseries, child care centers, play groups, day care centers, cooperative day care centers and Head Start programs. The concept of a Drop-in child care was intended to be used for those individuals or families to have an area inside a mall or athletic facility while they shopped or worked out for short periods of times, and not necessarily on a regular care basis. The Group Day care is meant to serve those families that require regular (daily) and/or longer periods of care for their children. Under Zoning Code Ch. 35, Section 35-412. SPECIAL REQUIREMENTS IN C2 DISTRICTS, group day cares with outdoor recreational facilities must comply with the following (additional) standards: App. No. 2017-001 PC 01/12/17 Page 9 7. In the case of group day care facilities, outside recreational facilities shall be appropriately separated from the parking and driving areas by a wood fence not less than four feet in height, or Council approved substitute; shall be located contiguous to the day care facility; shall not be located in any yard abutting a major thoroughfare unless buffered by a device set forth in Section 35-400, Footnote 10; shall not have an impervious surface for more than half the playground area; and shall extend at least 6ofeetfrom the wall of the building or to an adjacent property line, whichever is less, or shall be bounded on not more than two sides by parking and driving areas. Most licensed Group Day Care facilities have or may require (by State DHS) to install an outdoor recreation space for the kids to play. Because this amended PUD area is surrounded by two major thoroughfares of Co. Rd. 10 and HWY 100, and parking/driveway areas, it does not seem feasible to place an outside recreational area adjacent to any proposed day care use, so staff may be more inclined to not support such facilities or uses in this commercial area. The proposed "gasoline service station" use would more than likely be situated on the former EDA lot. City staff notified HOM representatives that the city is not supportive of this use at this corner, and therefore request this use be denied. Parking & Access Considerations The existing Kohl's lot consists of 6.83 acres, with an approx. 75,000 sf. retail building, and 447 parking spaces. The original Bldg. X that was approved under PUD #7 was intended to be a new 9,400 sq. ft. retail building, with 51 spaces (at 5.43 spaces/1,000 sf. - which exceeds the 4.5/1,000 sf. required under the SCC 'PUD). The expanded Bldg. X proposed under this PUD Amendment request is now shown as a 3-story, 48,000 sq. ft. medical office building. Both the HOM Furniture and future Bldg. X share the same lot; and hence shared parking between uses. HOM has submitted a request under this PUD Amendment to reduce the amount of parking from 4.5 spaces per 1,000 sq. ft. of retail floor space down to 1 space per 1,000 sq. ft. This reduction only applies to the HOM Furniture store use. The retail expansion area will be parked at the current 4.5 per 1,000 standard. BUILDING DESIGNATION AREA (SOFT)REQUIRED PARKING PARKING RATIO EXISTING BUILDING 72,300 73 STALLS 1 STALL! 1000 SF HOM EXPANSION 12,817 13 STALLS 1 STALL! 1000 SF NEW RETAIL 11,805 53 STALLS 4.5 STALL! 1000 SF To lend support to this request, HOM submitted for consideration the table below, which indicates what other communities calculated in other HOM store uses within these cities: App. No. 2017-001 PC 01/12/17 Page 10 HOM Bloomington Sliding scale from 1 per 333 s.f. to 1 per 1,000 s.f. See Sec 21301.06 Coon Rapids 1 per 1,000 s.f. Rochester 1 per 600 s.f. Rogers 1 per 622 s.f. St Cloud 1 Per 1,000 s.f. under 100k s.f. and 1 per 1,200 s.f. over 100,000 s.f. Sioux Falls 1 per 600 s.f. HOM is basing this request on these other city allowances, and the reasons being the larger, open store is used for more display, full-scaled room set-ups and arrangements, and warehouse space than a typical retail shopping store. Customer traffic is usually limited to a smaller than average number compared to other retail stores, and reduced parking has never been an issue with other furniture store sites they operate. Based on this requested reduction, the HOM store (and retail outlet) is indicating only 139 spaces would be allocated to HOM. The Applicant's Site Data Table (partial clip below) indicates the lot for Bldg. X and Y (Lot 2, Block 2) is identified with 361 spaces. T 5 LOT 3, BLOCK I 1.54 ACRES 5,500 SQ FT.55 SPACES x 1 LOT 2, BLOCK 2 -48.000 SQ. FT. Y I LOT 2, BLOCK 2 682ACRES 96,922 SO FT.361 SPACES 3.72 TOTAL 68.I8ACRES 702,31BSQ.FT.3368 SPACES 6.52 * PARKING TO BE SHARED BETWEEN BUILDINGS X AND Pursuant to City Code 35-700 Off Street Parking Requirements, the following standards apply to medical and regular office uses: f Medical and dental clinics. 3 spaces for each doctor/dentist, plus 1 space for evely 2 employees or 1 space for each 150 square feet of gross floor area, whichever requirement is the greater. g Office Buildings, exclusive of those specific uses otherwise listed in this section: Building Gross Floor Area 'G.FA.)Required Spaces 20,000 - 220,000 sq. ft.I G.F.A. .0005 G.F.A. + 190 Under the medical office use, Bldg. X calculates as follows: 48,000 / 150 sf. 320 spaces Office Bldg. use calculates as follows: 48,000 / (.0005 * 48,000) + 190 224 spaces. App. No. 2017-UUI PC 01/12/17 Page 11 Subtracting the 139 spaces allocated for HUM from the 361 total stalls leaves only 222 spaces for Bldg. X. It should be noted that the 222 spaces does exceed the 4.5/1,000 sf. required under the SCC-PUD Agreement for retail uses. The Planning Commission should decide if they want to accept this reduced parking ratio standard for the HUM Furniture store only to 1/1,000 sq. ft., and allow the medical office building to park at only 222 spaces. As for access, the new HUM store will still have main access from the main drive lane coming off Co. Rd. 10, directly south from Shingle Creek Parkway intersection. There are no plans to increase this access or any other openings to the sites. The Developer is also showing the closure of the free right-turn lane off Co. Rd. 10 north of the building (see image below). The City has made it part of previous agreements with the developer that this access would be closed off once this Kohl's site was re-developed. CLOSE FREE 1' - RIGHT /EXIII SIDEWALK 7 / 90922sf LOT 2, BLOCK 2 (WIDTH V Platting Consicleratins As illustrated on the previously approved PUD master plan layouts and subsequent plats in this area, almost every new building or future building has its own separate lot, which is by design of the developer (Gatlin Development). As indicated previously, PUD Amendment No. 7 sought approval to split the original Kohl's parcel into two new lots, and the Developer received preliminary plat approval of this under a proposed Shingle Creek Crossing 6th Addition plat. This plat was never officially finalized or App. No. 2017-001 PC 01/12/17 Page 12 20'WATERMAIN AND SANITARY SEWER -- EXISTING FULL EASEMENT -ACCESS TRAFFIC - j SIGNAL --------PUD c, DRIVE-THRU - BOUNI LANE-------- -------- /-----H \ \\ —14000sf -20\ " \•._ - - EASEMENT'L_—, DRAINAGE & -h ((UTILITY EASE1 - recorded, due to the changes proposed by Buhl Investors to reconfigure this property into two separate lots for their own benefit. Since the SCC 6th Addition was never recorded, the old Kohl's parcel still remains under the original Shingle Creek Crossing Addition of 2011 as Lot 2, Block 2. The HOM Inc. developers initially planned to separate this lot into two new lots as well, but later elected to leave the lot as one large lot as is shown today, with an allowance to have two buildings on the same lot. Since HOM is seeking to purchase this Lot 2, Bik. 2 directly from Gatlin, is determined the best course to leave the lot as is and develop the two building sites accordingly. Setback Considerations: HOM Inc. has requested the following setback considerations: "On the EDA Pylon Lot, [PID:0211821240021]- setbacks shall be as if the EDA is one lot and not 2 lots, i.e. not a separate SCC pylon lot and EDA lot." Although not shown or yet determined, the City previously agreed to allow reduced setbacks along County Road 10, due to the impacts created by the new Twin Lakes Regional Trail system. The setback were reduced from 35 feet to 20 feet from road right-of-way. The smaller crescent shaped parcel that is identified [incorrectly] as the" EDA Pylon Lot" is actually owned by Gatlin Development, and currently provides space for the freestanding multi- tenant identifier sign for the development. This parcel was a left-over remnant of the original Shingle Creek Crossing Addition platting, and it has been discussed with Gatlin and HOM to attach this lot to the EDA lot, whereby the City will recognize this as being one combined lot for development purposes. The city does not object to having the future layout of this Bldg. F with a reduced setback, provided it maintains a minimum 20-foot setback from said County Road 10 right-of-way, similar to other approved lots inside the PUD site. Signage Considerations: HOM Inc. requests modifications or additional sign allowances than those originally granted under the 2011 Shingle Creek Crossing Sign Program. HOM is asking the City to allow regular C-2 Zone sign standards (as found in Ch. 34-Sign Code) to apply, instead of the limited standards found in the 2011 Sign Plan presented by Gatlin Development and later adopted by the City under the 2011 Shingle Creek Crossing PUD Agreement. The request also includes an allowance to have a 350 sq. ft. dynamic message board sign on the HOM site; along with additional freestanding sign on the medical office site. Under the SCC Sign Plan, this HOM site would be considered a "major tenant", and its sign allowances are noted on the following sign plan diagram: App. No. 2017-001 PC 01/12/17 Page 13 MAXIMUM 70% k ARE: 1.5 SQUARE FUOTOF SIGIJAREAPER WEAR FOOTOFOF ADJACENT SURFACE LENGTH 1 LEASERPUEICIES E1'AI'RJUOEQEO SQUARE FEETTOTAL PEA EARVAIEI?I. .SATERIALS:VPAJETY0PTYPESFERSICNCR1TERI&SIIJC.LEo C ---------------------1 so MAJOR TENANTS (OVER 10,000- 89,999 SQUARE FEET) 0Q1 TEILNITIW)EWSORIOC-O sssssso: sEAp:sTvppRcssrrossocE::ssup;SEE MAXIMIIJM 70% ._ OF ADJACENT SURFACE LENGTH1 CERISE EEVE1WTPERCEUTOFARMCEIITSUPPACE 5VPTPACP SUSRO'lSOUOTSSUTRPEOQ < EU --------------------LJ COCRIA CESTU).I COLORS OU SEEo:RARvSES:1PSARrToEAEsoRW5oTAR TOO MAJOR TENANT _-=--__ .SIGN EXAMPLE SECONDARY SIGNr EXAMPLE kiW+LLHi YPICAL MAJOR TENANT ELEVATION SCALE: 1116' 1-0' The Plan states that all wall sign sizes are limited to 1.5 sq. ft. per linear foot of leased premises; with primary signs further limited to 70% of adjacent wall surface and no higher than 6-ft. max.; while secondary sized signs limited to 70% of adjacent wall surface and 1.5-ft. in max. height; and all wall signage is limited to 350 sq. ft. in total area per elevation/side of building. The Kohl's building has a linear wall frontage of approx. 224: feet on the large wall faces (west and east elevations); and 160 linear feet on the shorter (south and north elevation) sides. The building is approx. 52 feet in height. Under the SCC Sign Plan, tip to 337.5 sq. ft. of signage is available for the west/east elevations, and 240 sq. ft. of signage to the south/north elevations. HOM has submitted its own sign plan with the following allowances: 923 sq. ft. of signage to the south elevation; 367,3 SQF1 94660Cr. 256,6SQET [\T 205359Cr.. I [ 24-8 LED ; it ____ au± W]!LI,LJURA 843 sq. ft. for the west elevation; r I M lips IBM NINE ON WEST ELEVA1100 SCAII r-,a' ELEVATION 30,560 SQ.FL TOTAL MENAGE = snsQ.Fr.SIGNAGE 95 1.9 App. No. 2017-001 PC 01/12/17 Page 14 1 1)91 sn ft. a] on g the east elevation: and 275 sq. ft. for the north elevation. 1 The C-2 Sign Standards found under Ch. 34-Sign Code allows the aggregate areas of wall signs not to exceed up to 15% of the wall supporting the signs (essentially 15% of total wall area. The 224' x 52' wall face equals 11,648 sq. ft. of wall space, which would allow up to 1,747 sq. ft. of total wall signage. The smaller 160' x 52' walls equates to 8,320 sq. ft., or 1,248 sq. ft. of allowable signage. Under each wall sign illustration, the new HOM store either exceeds or greatly exceeds the allowable amount of wall signage called for under the 2011 Shingle Creek Crossing PUD Sign Plan. However, under the City's Sign Code standards for C-2 properties, all new signs would be under the allowances based on these regular signage standards. Because this old Kohl's site is somewhat detached and separated from the main elements or improvements inside the SCC PUD, city staff is not too overly concerned with granting or allowing this added signage for this HOM store building, since the C-2 standards already allow for increase signage to begin with, and the building is large enough to support the extra signage. As for the new (proposed) freestanding signs. The 2011 Shingle Creek Crossing PUD Agreement limited the number of freestanding signs throughout the PUD area based on the following approvals: Two freestanding signs, each up to 350 sq. ft. in area, are allowed along HWY 100, two freestanding signs are allowed along Bass Lake Road up to 140 sq. ft.; and two freestanding signs along Xerxes Ave. up to 140 sq. ft. is allowed as development identification signs as illustrated on Attachment Four and Fifteen. Four monument signs up to 140 sq. ft. are allowed along Bass Lake Road, and one monument sign lip to 140 sq. ft. is allowed along Xerxes Ave. Under the C-2 sign standards in Zoning Ch. 34-Signs, a commercial building above 24,000 sq. ft. is allowed the following freestanding sized signs [as an individual establishment]: App. No. 2017-001 Pc 01/12/17 Page 15 2. Freestanding Signs a. Individual Establishments Individual detached establishments or enterprises not clustered in a shopping center complex or in a multitenant office or industrial building may have one freestanding sign according to the following schedule. In the event such establishments abut two or more streets which are at least collector or arterial in character, and if the abutment on each street exceeds 400 feet, one freestanding sign may be erected along each such street according to the following schedule: Building Gross Floor Area Max. Sign Area Max. Sign Height Square Feet Square Feet (Above 1st Flr.) Feet Above 24,000 250 32 The two 350-sq. ft. freestanding signs inside the Shingle Creek Crossing PUD today were a hold- over from the previous Brookdale Mall planned unit development agreement of 1998, which the Developer wanted extended to the newly redeveloped PUD. These two large-scale signs are now evident along HWY 100 frontage, and are used to display the major, multiple store tenants inside the new mall area. The Developer also chose to limit individual freestanding signs on all individual parcels, by strategically placing the smaller 140 sq. ft. multiple tenant display signs throughout the development, primarily near the entry points. Since the Kohi's/HOM frontage along County Rd. 10 and HWY 100 exceeds 400-ft. along each major (arterial) roadway, under the normal; C-2 Zone sign standards, HOM would be entitled to place two, 250-sq. ft. sized freestanding signs along each roadway. Each sign would also be allowed to be frilly dynamic or full electronic message board. The allowance that HOM is requesting under this PUD Amendment request is quite significant when compared to the approved 2011 PUD Agreement and Sign Plan between Gatlin and the City. Gatlin purposefully chose to limit the amount of individual signage inside the mall area in order to avoid over clustering of freestanding signs, and limit large, out-of-character wall signs that could detract from the newer architectural style and enhanced design of the buildings planned under this PUD. The image below illustrates a plan to install the HOM sign near the southern-most corner of the old Kohl's lot, in front of the proposed medical office building. App. No. 2017-001 PC 01/12/17 Page 16 \ / Medical Office's Z __ I Sir HOM is also showing a new freestanding sign near the main entrance (off the main access road), which appears to be for the new medical office uses. Although staff acknowledged this HOM site is somewhat detached and separated from the main part of the SCC-PUD, and essentially will function on its own accord, City staff would still like to maintain a sense of consistent and combined design criteria over the entire PUD site regarding signage, including this HUM and surrounding developments. With that being said, Staff suggests that having three, 350-sq. ft. signs along the HWY 100 frontage may be a bit too much, and recommends HUM reduce the size of their individual sign to only 250-sq. ft. Although entitled to an additional 250 sq. ft. sign along Co. Rd. 10, the City is accepting HOM's request to provide additional and much larger wall signs on the building, so an additional freestanding sign is not warranted along this frontage. Furthermore, any additional freestanding signs for the proposed "Medical Office" and EDA lot may be allowed, but should be limited to the C-2 Sign Code standards as well. SITE & BUILDING PLAN The Commission should be aware that an official Site and Building Plan application was also submitted as part of this PUD Amendment request. These plans only represent the modifications to the outer shell of the former Kohl's building, along with the approx. 12,000 sq. ft. retail front addition to the building. Most if not all new site plan applications require submittal of a site's storm-water management plan, with accurate drainage calculations, and provisions for handing App. No. 2017-001 PC 01/12/17 Page 17 said runoff, all of which must be reviewed and accepted by the City Engineer, and in most cases reviewed and approved by the local watershed agency. As part of the preliminary discussions with HOM representatives on this project, it was initially assumed, and later supported by Gatlin Development's own engineering consultants that: "...,storm water routing and treatment system of the existing Kohl's site has been designed to pattern the existing site. The site will continue to be pre-treated by the existing sediment trap, prior to discharging into the day-lighted portion of Shingle Creek. The runoff rates from the development will be reduced since a reduction of impervious surface coverage is proposed." As was noted earlier in this report, the City initiated plans to secure additional lands from Gatlin Company on the westerly edge of the day-lighted Shingle Creek. The purpose was not only to enhance this day-lighted area, but help create an alternative area for additional storm water management to the surrounding development areas. However, in a recent meeting with the city engineers, it was determined this site needs to provide a separate storm-water management plan and report for their review, since the overall project site exceeds 5+ areas. This size also requires Shingle Creek Watershed to review and approve such plans. Because this storm runoff plan/report was not submitted, city staff agreed to postpone the review and official consideration of this Site and Building Plan application for now, and intend to bring this back for official consideration and final consideration of the PUD Amendment request at the January 26th meeting. STATEMENT OF RECOMMENDATIONS & FINDINGS Staff has found that some of the requested changes and modifications to the 2011 Shingle Creek Crossing PUD are reasonable and acceptable, while a few should be reconsidered or denied for reasons noted in this report: A.The allowance of the 2-story, 24,000 sq. ft. addition to the former Kohl's building, with approximately one-half of this space to be used for new multi-tenant retail spaces, and one- half to be used as additional floor space for the new HOM Furniture store, is a reasonable request; and helps promote and enhance the general public welfare of this PUD, as it maintains and keeps the redevelopment activity of this site intact and ongoing, and may be approved; B.The allowance of reduced amount of Class I materials along the north elevation side of the building is considered reasonable and may be approved; C. The request to grant a reduced parking ratio allowance from 4.5 spaces per 1,000 sq. ft. of building space to 1 space per 1,000 sq. ft. and attributed to the newly proposed furniture showroom and warehouse only should not be detrimental or pose any threat or danger to the general public; nor injurious to the use and enjoyment of other uses in this Shingle Creek Crossing PUD; and is hereby considered a reasonable request and acceptable; App. No. 2017-001 PC 01/12/17 Page 18 D.The request to allow future/planned Building X to be expanded from 19,000 sq. ft. to 48,000 sq. ft. is considered a positive and reasonable increase, as the larger building will provide an increased tax base in this area, and will help promote and provide a needed medical services and a facility for the residents and surrounding community; E.The allowance of the reduced setbacks on the EDA lot for future development by HOM Inc. should not pose any problems in this area and is acceptable; F. The allowance of certain uses that were initially prohibited under the 2011 Shingle Creek Crossing PUD Agreement should be limited to the following: i.Medical Office Building - with typical tenants that may do surgeries, urgent care and treat patients in offices; ii.Medical and Dental Laboratories; iii.Educational Uses listed in Zoning Code Section 3 5-322.1 .h.; iv.Transient lodging, provided they are limited to hotel use only, and no motels. V. Animal Hospitals, provided any outdoor kennel runs or activity areas for pets being cared for in the hospital is screen with an opaque fence and regularly cleaned and maintained. G. The allowances to omit the standard: "Drive-thru or service lanes shall be screened with berming, landscaping or fencing" is not recommended and should remain intact. H. The allowance to have regular C-2 Zone sign standards as found in Chapter 34, Brooklyn Center Sign Code as opposed to the approved 2011 Shingle Creek Crossing Sign Program Plan is partially approved, with an allowance to have all new wall signs comply with the C-2 Zone sign standards established under the Sign Code; and only one (1) new freestanding sign up to 250 sq. ft. along the HWY 100 frontage should be allowed, and can either be a regular static message or dynamic sign per City Code Ch. 34. 1. The proposed and general layout of all new building improvements, including reduced setbacks and any other related flexibility or reductions identified herein or the resulting resolution of approval, and on the updated Shingle Creek Crossing PUD Plans, may be acceptable and approved. STAFF RECOMMENDATIONAs noted previously, the Developer needs to provide city staff additional information related to the storm water management plans of this PUD site, which was not made available at the time of preparing this report. Therefore, we ask the Planning Commission to give initial consideration of this PUD Amendment application requests, and withhold official review and consideration of the Site and Building Plan application of the new HOM Furniture store development, until the next regular scheduled planning commission meeting. The Planning Commission should still conduct the public hearing on this matter, take comments from the public and the applicant; discuss this item; and make a motion to delay official action on this item by tabling this hearing item to the next meeting. App. No. 2017-001 PC 01/12/17 Page 19 Attachments • City Engineers Review Memo (01/05/2017) • Shingle Creek Crossing PUD Amendment Plans No. • Site Improvement Plans - HOM Furniture - Bldg. Y App. No, 2017-001 PC 01/12/17 Page 20 k' • 31k'AIU IhU 1II1 DATE: January 5, 2017 TO: Tim Benetti, Planning and Zoning Specialist FROM: Andrew Hogg, Assistant City Engineer SUBJECT: Public Works - PUD Amendment No. 8 (Sites F,X and Y), Review Memo - Shingle Creek Crossing Public Works staff has reviewed the 12 sheet set of plans entitled Shingle Creek Crossing PUD Amendment 8, and Site Improvement Plans Building Y which were prepared by IKimley-Horn and Associates, Inc.; dated December 13, 2016. PUD Amendment No. 8 applies to building sites F, X and Y. The major revisions as part of PUD Amendment No. 8 over the currently approved PUD Amendment No. 7 are as follows: • Enlarged footprint of Building Y. • Enlarged Building X footprint and modified site layout. • Revised site F, eliminating parking and drive aisle on the north and west sides. The following comments are offered relative to the above-referenced submittals. They are contingent upon preliminary and final plat approval, final site plans and land alteration/building permit submittals and approval. PUD Items - Shingle Creek Crossing PUD Amendment No. 8: 1.A drive-thru design must be provided that is separated from all parking and adjacent drive aisles, that demonstrates adequate queuing/stacking space, and that is integral to and demonstrates a safe design for pedestrians. A study indicating expected and adequate stacking space must be provided. 2.No portion of building or appurtenant structures may encroach on the City drainage and utility easements. 3.The PUD has been reviewed by Hennepin County. The right-in access along County Road 10 (Bass Lake Road) at the former Kohl's site must be removed. 4.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. 5.Storm water quality and quantity mitigation and design must be provided for the entire PUD No. 8 area. These areas were not part of the prior mitigation and design and must meet current stormwater rules. This must be provided prior to consideration of PUD No. 8 to ensure an adequate design is feasible. All calculations must be provided for review. PUD No. 8 area is greater than five acres and will require review by the Shingle Creek Watershed Commission. 6.Existing stormwater facility located on Site X is assumed to be impacted and must be removed.7. Loading and unloading areas for delivery trucks to buildings F and X must be designated on Sheet 10.2 8. Provide an update of the original and amended traffic impact study to reflect the current PUD Amendment No. 8 Plan Review & Site Plan Review Building Y —Shingle Creek Page 2 Janurary 5, 2017 site and building revisions for PUD Amendment No. 8 and prior outstanding revisions. 9.Revise site plan to provide better pedestrian connectivity for Buildings F and Y with the internal PhD sidewalk system and with Three Rivers Trail along County Road 10. 10.Upon project completion the applicant must submit an as-built survey of the property, improvements and utility service lines and structures; and provide certified record drawings of all project plan sheets depicting any associated private and/or public improvements, revisions and adjustments prior to issuance of the certificate of occupancy. The as-built survey must also verify that all property corners have been established and are in place at the completion of the project as determined and directed by the City Engineer. 11.Inspection for the private site improvements must be performed by the developer's design/project engineer. Upon project completion the 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). 12.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. 13.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. 14.A drainage and utility easement encompassing all storm water treatment facilities must be dedicated on the plat. 15.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. 16.The final plans must be certified by a licensed engineer in the State of Minnesota and forwarded to the City Engineer for approval. Site Plan Review - Shingle Creek crossing- Building Y. 17.See redline plan sheets for additional plan comments. 18.Landscaping along County Road 10 must be returned to original condition. General Items: 19.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. 20.The final plans must be certified by a licensed engineer in the State of Minnesota and forwarded to the City Engineer for approval. Agreements: 21.A Performance Agreement is required that includes all conditions of the project approval, subject to the final site plan approval by the City Engineer. Anticipated Permitting: 22.A City of Brooklyn Center land disturbance permit is required. PUD Amendment No. 8 Plan Review & Site Plan Review Building Y —Shingle Creek Page 3 Januraiy 5, 2017 23.A City of Brooklyn Center building permit is required. 24.A City of Brooklyn Center water and sewer permit is required. 25.An MPCA NPDES permit is required. 26.An MPCA sanitary sewer permit may be required. 27.A MN Department of Health water main extension permit may be required. 28.Other permits not listed may be required and are the responsibility of the developer to obtain as warranted. Prior to issuance of a Land Alteration and Building Permit: 29.Submit recorded copies of all required agreements. 30.Copies of all required permits must be provided to the City prior to issuance of applicable building and land disturbance permits. 31.Final construction/demolition plans and specifications need to be received and approved by the City Engineer in form and format as determined by the City. The final plan must comply with the approved preliminary plan. 32.A letter of credit or cash escrow shall be deposited with the City in the amount of 100% of the estimated cost in the amount estimated by the developer and determined by the City to comply with land alteration requirement, site improvement, and restoration of the site. The City may incrementally reduce the amount of the surety if work is completed and accepted. 33. A Construction Management Plan and Agreement is required that addresses general construction activities and management provisions, traffic control provisions, haul routes, emergency management provisions, storm water pollution prevention plan provisions, tree protection provisions, general public welfare and safety provisions, definition of responsibility provisions, temporary parking provisions, overall site condition provisions, and non-compliance provisions. The plan must be in a City approved format and must outline minimum site management practices and penalties for non-compliance. A $2,500 cash deposit is required as part of the non-compliance provision. Through this document, the developer and property owner will acknowledge: a)The property will be brought into compliance within 24 hours of notification of a violation of the construction management plan, other conditions of approval or City code standards. b)If compliance is not achieved, the City will use any or all of the escrow dollars to correct any deficiency and/or issue. 34. A preconstruction conference must be scheduled and held with City staff and other entities designated by the City. All aforementioned items, comments and recommendations are provided based on the information submitted by the applicant at the time of this review. The PUD amendment and site plan must be developed and maintained in substantial conformance with the referenced plans, unless modified by the staff recommended conditions above. Subsequent approval of the final plan may require additional modifications based on engineering requirements associated with final design of the water supply, storm drainage, sanitary sewer, final grading, geometric design and other design elements as established by the City Engineer and other public officials having jurisdiction over approval of the final site plans. - Lr I h e so \ 1IJiSII4\ I NORTH WAY DRIVE\ /'cØL ':s^, :L -SHINGLE-CREEK P-KWY. z. CD 1C111 'z ( • altkF \\ 1Y9JJ?;. ___ i' - 00 m - 'I JH c d i I \\ tz^^ oz oNX\1p'A < Air, ',^L riz IM \\ h oy A- \\ * I __ HIIIIOhINIIiIIiiIIIIIIEll IIIIIIIIIIIIIIIIIIIIIIIIIIIL . . . . . . . . . . . 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S.. \\N K:\flCLDEV\GAWfl CE EFECUT\BCOCDALE CCIiTER\000\EHCSE 3\E €CC\6lCC AECSCJFC PLCl1.dC-CC- IS. 2516 E4Ep CF I I I - I = I I I = I' PREliMINARY - NOT FOR CONSTRUCTION - SHINGLE CREEK CROSSING SOlES BROOKLYN CENTER LANDSCAPE PLAN L1 ==6= Kimk 01 5 = HOM FURNITURE - HENOEPIS COUNTY IIIIISNESOTA 5O s 6615 5521565 62112 HOM Furniture Inc. & Gatlin Development Shingle Creek Crossing PUD Amendment No. 8 & Site & Building Plan Planning Commission Application No. 2017-001 City Council Meeting February 13, 2017 Introduction HOM Furniture (w/ Gatlin Development) requesting 8th Amendment to the 2011 Shingle Creek Crossing PUD PUD Amendment includes a number of changes and modifications to the 2011 PUD Agreement, which will assist in the redevelopment of the former Kohl’s store site into a new HOM Furniture store, along with option to develop adjacent city-owned EDA lot. Site & Building Plan for former Kohl’s building - includes a new two -story, 24,622 sq. ft. (gross sq. ft.) addition; 11,805 sq. ft. for new multi-tenant retail user space (first floor), and 12,817 sq. ft. of additional 2nd floor space for HOM’s use . 1)allow 2-story, 24,000 sq. ft. addition to old Kohl’s building; 2)allow reduced amount of Class I materials; 3)allow reduced parking for subject site; 4)allow BLDG. X to be expanded from 19,000 sf. to 48,000 sf; 5)allow site to have regular C-2 Zone sign standards (per Ch. 34) – as opposed to 2011 Shingle Creek Crossing Sign Program Plan; 6)allow a dynamic message sign of 350 sq. ft.; 7)allow reduced setbacks on the EDA lot; plus omit the standard: “Drive-thru or service lanes shall be screened with berming, landscaping or fencing"; PUD Amendments 8) allow certain prohibited uses under the 2011 Shingle Creek Crossing PUD Agreement to be considered “allowable” as part of this PUD amended area : a)Medical Office Building - with typical tenants that may do surgeries, urgent care and treat patients in offices; b)Medical and Dental Laboratories; c)Educational Uses listed in Zoning Code Section 35-322.1.h.; d)Drop in child care centers listed in Zoning Code Section 35-322.1.k.; e)Gasoline Service Stations; f)Transient lodging; g)Animal Hospitals; and h)Group day care facilities. PUD Analysis PUD – Master Plan 2017 PUD – Master Plan 2017 PUD Analysis PUD Analysis •Master Plan illustrates expanded area of the Shingle Creek day-lighted areas(loss of Bldg. O and Q pad sites, and the planned relocation of Bldg. M) •July 26, 2016 - Council directed staff to proceed with options in acquiring 3 lots from Gatlin •Help to enhance daylighting area; preserve one restaurant site; and provide increased ponding. •Additional area to be used for storm water runoff management; floodplain credits; or off-site parking area (should HOM or others need) Bldg. X originally designed to one-story, 9,400 sq. ft. retail building space HOM plans to increase building to 3-story, 48,000 sq. ft. size for medical office building No firm plans on any user or operator of this medical office facility; HOM is confident they may be able to secure a medical provider sometime in the future. PUD Analysis HOM negotiating rights to the EDA lot; designed as 14,000 sf. commercial/retail building (w/ drive -thru service lane or pick-up window if needed). EDA established minimum requirements on this lot (SCC-PUD); new development to be either a 4,000 sf. sit-down restaurant or 8,000 sf. retail building. No major modifications expected from HOM on this site, other than allowances for reduced setbacks from the outlot - currently used for PUD’s freestanding tenant identifier sign PUD Analysis HOM asked for allowance to omit standard: “Drive-thru or service lanes shall be screened with berming, landscaping or fencing." Proposed layout of a drive-thru lane and side pick-up window will likely see cars headed or pointing north towards County Road 10 & Twin Lake Regional Trail system Staff recommends this standard to omit screening measures not be granted at this time PUD Analysis Certain uses were generally prohibited under the original 2011 Shingle Creek Crossing PUD Agreement between Gatlin Development and the City. 1)Hospitals, medical and dental laboratories, and nursing care homes; Contractor/construction uses; 2)Educational uses (listed in City Code Section 35-322.1.h.); 3)Chapels, churches, temples, mosques, and synagogues; 4)Funeral and crematory services; 5)Drop -in child care centers; 6)Gasoline service stations; 7)The sale of motor vehicles; 8)The out-of-door display or sale of marine craft; 9)Transient lodging; 10)Animal hospitals; 11)Clubrooms and lodges; 12)School bus garage facilities; 13)Automobile and truck rental and leasing; 14)Group day care facilities; and 15)Transient overnight parking and/or overnight RV parking is not allowed. PUD Analysis Uses offered by HOM to allow within this PUD area only include the following uses: 1)Medical Office Building - with typical tenants that may do surgeries, urgent care and treat patients in offices; 2)Medical and Dental Laboratories; 3)Educational Uses listed in Zoning Code Section 35-322.1.h.; 4)Drop in child care centers listed in Zoning Code Section 35- 322.1.k.; 5)Gasoline Service Stations; 6)Transient lodging 7)Animal Hospitals; and 8)Group day care facilities. PUD Analysis Planning Commission recommendation: Medical Offices, Medical/Dental Lab; Educational Uses - limited to those under Zoning Code Section 35-322.1.h. Animal Hospitals - outdoor play or recreational area is completely screened from view and regularly cleaned. Transient lodging, limited to hotel uses only (no motels) Gas Stations, Child Care and Day Care Centers were recommended to be left as prohibited uses. PUD Analysis Parking & Access Considerations Kohl’s lot consists of 6.83 acres ; 75,000 sf. building; 447 parking spaces. Original Bldg. X (PUD #7) = 9,400 sq. ft. building + 51 spaces New Bldg. X shown as 3-story, 48,000 sq. ft. medical office building. HOM Furniture and future Bldg. X intend to share the lot and parking area .  HOM requests to reduce parking from 4.5 spaces per 1,000 sq. ft. (total floor space) down to 1 space per 1,000 sq. ft. Reduction only applies to the HOM Furniture store use . The retail expansion area will be parked at the current 4.5 per 1,000 standard. PUD Analysis Parking & Access Considerations HOM submitted for consideration the table below, which indicates what other communities calculated in other HOM store uses within these cities: HOM basing request on other city allowances,; Larger, open store is used more for display, full-scaled room set-ups and arrangements, and warehouse space than a typical retail shopping store . Customer traffic usually limited to a smaller than average number compared to other retail stores; Not been an issue with other furniture store sites they operate. Based on requested reduction, HOM store (and retail outlet) indicating only 139 spaces would be allocated to HOM. The Applicant’s Site Data Table (partial clip below) indicates the lot for Bldg. X and Y (Lot 2, Block 2) is identified with 361 spaces. Parking & Access Considerations City Code 35-700 Off Street Parking Requirements, the following standards apply to medical and regular office uses: f. Medical and dental clinics: 3 spaces for each doctor/dentist, plus 1 space for every 2 employees or 1 space for each 150 square feet of gross floor area, whichever requirement is the greater. g. Office Buildings: Building Gross Floor Area (G.F.A.) Required Spaces 20,000 – 220,000 sq. ft. G.F.A. .0005 G.F.A. + 190 Under the medical office use, Bldg. X calculates as follows: 48,000 / 150 sf. = 320 spaces Office Bldg. use calculates as follows: 48,000 / (.0005 * 48,000) + 190 = 224 spaces. Parking & Access Considerations Subtracting 139 spaces allocated for HOM from the 361 total stalls leaves only 222 spaces for Bldg. X. 222 spaces does exceed the 4.5/1,000 sf. required under the SCC-PUD Agreement for retail uses. Planning Commission accepted the reduced parking ratio standard for the HOM Furniture store only to 1/1,000 sq. ft., and allow the medical office building to park at only 222 spaces. Parking & Access Considerations Free right-turn lane off Co. Rd. 10 north of the building will be closed HOM will have single access from the main drive into SCC . No plans to increase this access or any other openings to the sites. Parking & Access Considerations Setback Consideration “On the EDA Pylon Lot, [PID:0211821240021]- setbacks shall be as if the EDA is one lot and not 2 lots, i.e . not a separate SCC pylon lot and EDA lot.” . Smaller crescent shaped parcel owned by Gatlin Development provides space for the freestanding multi-tenant identifier sign for the development. PUD Analysis Under the SCC Sign Plan, HOM site would be considered a “major tenant”, and its sign allowances are noted on the following sign plan diagram: Signage Consideration PUD Analysis Wall signs limited to 1.5 sq. ft. per linear foot of leased premises; with primary signs further limited to 70% of adjacent wall surface and no higher than 6-ft. max.; while secondary sized signs limited to 70% of adjacent wall surface and 1.5-ft. in max. height; and all wall signage is limited to 350 sq. ft. in total area per elevation/side of building. Kohl’s building has a linear wall frontage of approx . 224 ft. on large wall faces (west and east elevations); and 160-ft. lin. feet on the shorter (south and north elevation) sides; approx. 52 feet in height. Under the SCC Sign Plan, up to 337.5 sq. ft. of signage is available for the west/east elevations, and 240 sq. ft. of signage to the south/north elevations. Signage Consideration PUD Analysis Signage Consideration 923 sq. ft. of signage to the south elevation 843 sq. ft. for the west elevation Signage Consideration 1,091 sq. ft. along the east elevation 275 sq. ft. for the north elevation Signage Consideration C-2 Standards under Ch. 34-Sign Code allows the aggregate areas of wall signs not to exceed up to 15% of the wall supporting the signs 224’ x 52’ = 11,648 sq. ft. of wall space or 1,747 sq. ft. of signage . 160’ x 52’ = 8,320 sq. ft. of wall space or 1,248 sq. ft. of signage . HOM store exceeds the allowable amount of wall signage called for under the 2011 Shingle Creek Crossing PUD Sign Plan. Under City’s Sign Code standards, all new signs would be under the allowances based on these regular signage standards. PUD Analysis Signage Consideration 2011 Shingle Creek Crossing PUD Agreement limited the number of freestanding signs throughout the PUD area based on the following approvals: Two freestanding signs, each up to 350 sq. ft. in area, are allowed along HWY 100, two freestanding signs are allowed along Bass Lake Road up to 140 sq. ft.; and two freestanding signs along Xerxes Ave. up to 140 sq. ft. is allowed as development identification signs as illustrated on Attachment Four and Fifteen. Four monument signs up to 140 sq. ft. are allowed along Bass Lake Road, and one monument sign up to 140 sq. ft. is allowed along Xerxes Ave. PUD Analysis Signage Consideration Under the C-2 sign standards in Zoning Ch. 34-Signs, a commercial building above 24,000 sq. ft. is allowed the following freestanding signs: Individual detached establishments or enterprises not clustered in a shopping center complex or in a multitenant office or industrial building may have one freestanding sign according to the following schedule . In the event such establishments abut two or more streets which are at least collector or arterial in character, and if the abutment on each street exceeds 400 feet, one freestanding sign may be erected along each such street according to the following schedule: Building Gross Floor Area Max. Sign Area Max. Sign Height Square Feet Square Feet (Above 1st Flr.) Feet Above 24,000 250 32 PUD Analysis Signage Consideration two 350-sq. ft. freestanding signs inside the SCC-PUD were a hold-over from the previous Brookdale Mall PUD of 1998 Two large-scale signs are now evident along HWY 100 frontage, and are used to display the major, multiple store tenants inside the new mall area . Gatlin chose to limit freestanding signs on all individual parcels, by instead placing smaller 140 sf. multiple tenant display signs throughout the development (near entry points) Since frontage along County Rd. 10 and HWY 100 exceeds 400-ft. ; HOM entitled to two, 250-sq. ft. sized freestanding signs. (ea. Sign allowed to be fully dynamic/electronic) PUD Analysis Signage Consideration Allowances requested by HOM quite significant (compared to 2011 PUD Agreement) Gatlin purposefully chose to limit amount of individual signage inside the mall area in order to avoid over clustering of freestanding signs, and limit large, out-of-character wall signs that could detract from the newer architectural style and enhanced design of the buildings planned under this PUD. Signage Consideration Staff acknowledged the HOM site is somewhat detached and separated from the main part of SCC-PUD Staff stated a desire to maintain a sense of consistency and approved design criteria over the entire PUD areas, including HOM site Planning Staff stated having three large 350-sq. ft. signs along the HWY 100 frontage may be too much; and recommended HOM be limited to single 250-sq. ft. sign Planning Commission recommended HOM be allowed one 350-sf. sign along HWY 100 frontage, with condition they forgo additional sign allowance along Co. Rd. 10 frontage . 2-story addition - 11,805 sq. ft. of new retail (multi-tenant) space; 12,817 sq. ft. will be opened up to the 2nd floor of the HOM store and used for additional floor/display area. Site Plan Analysis Site Plan Analysis Site Plan Analysis PUD Amendment requests reduced Class I materials of 25% to north side (Co. Rd. 10) with remaining 75% as Class II materials. Site Plan Analysis Site Plan Analysis Site Plan Analysis Site Plan Analysis Site & Building Plan Consideration All Site Plans require submittal of a storm-water management plan, with accurate drainage calculations, and provisions for handing runoff (reviewed by City Engineer and local watershed) Preliminary discussions with HOM, initially assumed and later supported by Gatlin’s own engineering consultants that: “….storm water routing and treatment system of the existing Kohl’s site has been designed to pattern the existing site . The site will continue to be pre-treated by the existing sediment trap, prior to discharging into the day-lighted portion of Shingle Creek. The runoff rates from the development will be reduced since a reduction of impervious surface coverage is proposed.” Site & Building Plan Consideration City initiated plans to secure lands from Gatlin on the west edge of the day - lighted Shingle Creek; to enhance day -lighted area; and create alternative area for storm water management. Staff determined site needs to provide a separate storm-water management plan and report for their review, since the overall project site exceeds 5+ areas. (plus Shingle Creek Watershed to review and approve these plans). HOM working with Kimley Horn Eng. to provide stormwater plan and present to Shingle Creek Watershed in March 2017. Approvals of this Site Plan contingent upon the acceptance of storm water plan by watershed and city engineers. PC Recommendation January 12, 2017 - Staff presented under public hearing Planning Application No. 2017-01, PUD Amendment #8 to Shingle Creek Crossing and Site and Building Plan of new HOM Furniture store; Public Hearing was tabled in order to give Applicant more time to prepare stormwater report to city engineers and watershed; January 26, 2017 – the public hearing was re -opened; PUD #8 was presented again, along with full site and building plan review of the HOM store project (stormwater report was not included) Planning Commission gave unanimous recommendation to approve Planning Application No. 2017-001 – the PUD Amendment #8 to Shingle Creek Crossing and Site and Building Plan of new HOM Furniture store, with certain conditions. Recommended Council Action Adopt the Resolution regarding the Disposition of Planning Commission Application No. 2017-001 submitted by HOM Furniture Inc . and Gatlin Development Company requesting approval of a Planned Unit Development Amendment No. 8 to the 2011 .Shingle Creek Crossing Planned Unit Development and Site and Building Plan Approval of a New HOM Furniture Store (located at 2501 County Road 10) QUESTIONS? City Cotindi Agenda Item N©0 9b COUNC]IIL IfTEM MEMORANDUM DATE: February 13, 2017 TO: Curt Boganey, City Mana FROM: Tim Benetti, Planning and Zoning Specialis THROUGH: Gary Eitel, Director of Business and Development SUBJECT: Resolution Regarding the Disposition of Planning Commission Application No. 2017-002 submitted by Big Picture Twin Cities and Cross of Glory Lutheran Church requesting approval of a Special Use Permit for new public charter school offering a regular course of study accredited by the Minnesota Department of Education (located at 5929 Brooklyn Boulevard) Recommendation: It is recommended that the City Council adopt the Resolution regarding the disposition of Planning Commission Application No. 2017-002 submitted by Big Picture Twin Cities and Cross of Glory Lutheran Church requesting approval of a Special Use Permit for new public charter school offering a regular course of study accredited by the Minnesota Department of Education, for the property located at 5929 Brooklyn Boulevard. Background: Pursuant to City Code Section 35-3 10, R-1 One Family Residence District, all new public school (including charter) uses must be approved under a special use permit: 2. Special Uses b. Public and private elementary and secondary schools offering a regular course of study accredited by the Minnesota Department of Education, provided primaly vehicular access shall be gained to the uses by a collector or arterial street. Big Picture Twin Cities (BPTC) executed a Letter of Intent with Cross of Glory Lutheran Church to lease and occupy approximately 10,000 square feet of the 22,589 sq. ft. church facility. BPTC intends to use the Sunday school classrooms, along with the activity and multi-purpose rooms inside the church. BPTC is a public charter school approved by the Minnesota Department of Education (MDE). As a public school, it will serve all students who apply for admission. There are no admission requirements or charges for tuition. BPTC is funded with state and federal dollars. Funding is based on enrollment and includes money for both operational expenses and lease payments for a facility. iJission: EI?s!IJilig an attractive, clean, safe, iizcl,isiie co!,uj,ulziti' 111(11 enhances the quality of life For al/people and preserves i/i e pu b/ic trust III1IJ[SJ I U U MA U I IYA [I) 1II 1lJ!kI In addition to being regulated by the Minnesota Department of Education, charter schools are overseen by an MDE approved authorizer. The authorizer is responsible for the academic results and financial management of the school. BPTC's authorizer is Novation Education Opportunities (NEO) which is single purpose Charter School Authorizer in the State of Minnesota. On January 26, 2017, this special use permit planning application item was presented under a duly- noticed public hearing, whereby a planning staff report was provided, and the special use permit to allow this new charter school use was given full consideration by the Planning Commission. The Commission heard many comments from neighboring residents, some of whom voiced concerns of increased bus traffic, noise, children's safety, and possible "truant" or unruly children wandering the neighborhood. The director of the charter school assured the residents and commission that buses would be limited to only two buses at first, with up to four (max) when the school reaches capacity of 150 students. Children will be monitored at all times, and they will not be allowed to leave the school property without a parent or teacher approval. All bus and parent drop-offs will take place from Brooklyn Boulevard, with an added condition that no staff vehicles will be allowed to park on Ewing Avenue or Admiral Lane; nor any parent drop offs to take place from these side streets. Minutes from the Jan. 26th PC Meeting are attached). Upon closing the public hearing, the Planning Commission adopted PC Resolution No. 2017-02, which provides a favorable and unanimous recommendation from the Planning Commission to the City Council to approve this special use permit request. Budget Issues: There are no budget issues to consider. Strategic Priorities: Targeted Redevelopment Mission: Ensuring an afiraclive, clean, safe, inclusive community that enhances the quality of life For al/people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. 2017- RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2017-002 SUBMITTED BY BIG PICTURE TWIN CITIES TO OPERATE A NEW CHARTER SCHOOL USE IN THE R-1 ONE FAMILY RESIDENCE DISTRICT, LOCATED AT 5929 BROOKLYN BOULEVARD WHEREAS, Planning Commission Application No. 2017-002 submitted by Big Picture Twin Cities (as "Applicants") and Cross of Glory Lutheran Church (as "Owners") request a Special Use Permit to operate a new public charter school use for grades 6th through 8 t" inside the existing Cross of Glory Lutheran Church facilities, located at 5929 Brooldyn Boulevard (the "Subject Property"); and WHEREAS, the Subject Property is situated in the R-1 One Family Residence District, and pursuant to City Code Section 35-3 10, Subsection 2. Special Uses, all public and private elementary and secondary schools offering a regular course of study accredited by the Minnesota Department of Education, provided primary vehicular access shall be gained to the uses by a collector or arterial street, may be allowed by means of a special use permit approval, and WHEREAS, the Planning Commission held a duly noticed and called public hearing on January 26, 2017, whereby a city planning staff report was presented, and public testimony regarding the special use permit were received and noted for the record; and WHEREAS, the Planning Commission considered the Special Use Permit request in light of all testimony received, the guidelines and standards for evaluating this special use permit contained in Section 35-220 of the City's Zoning Ordinance, and the request complies with the general goals and objectives of the City's 2030 Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooldyn Center to recommend to the City Council that Planning Application No. 2017-002 to operate a new charter school use in the R-1 One Family District, as submitted by Big Picture Twin Cities and Cross of Glory Lutheran Church, may be approved based upon the following considerations: A.The establishment, maintenance, or operation of the special use [new charter school] will not be detrimental to or endanger the public health, safety, morals, or comfort. B.The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. RESOLUTION NO. 2017- C.The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. D.Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets. B. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. AND WHEREAS, the Planning Commission adopted Planning Commission Resolution No. 2017-02, which provides a favorable and unanimous recommendation to the City Council that Planning Application No. 2017-002, which proposes the operation of a new charter school use in the R-1 One Family District, as submitted by Big Picture Twin Cities and Cross of Glory Lutheran Church, may be approved with certain conditions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that a the Special Use Permit to a new charter school use in the R-1 One Family District, as submitted by Big Picture Twin Cities and Cross of Glory Lutheran Church, located at 5929 Brooklyn Boulevard, is hereby approved, subject to the following conditions: 1.The special use permit is granted to Big Picture Twin Cities (BPTC) to operate a new public charter school for grades 6-8 only, and within the existing Cross of Glory Lutheran Church facility located at 5929 Brooklyn Boulevard. 2.BPTC is allowed to have up to 80 students at first, with no more than 150 students by Year 2021-20122. Any expansion of students greater than five percent (5%) of the 150 students will require submittal of Special Use Permit Amendment. 3.Any future expansion of classrooms or leasable space inside the church that exceed a five percent (5%) threshold of what is currently illustrated on the plans submitted under Application No. 2017-002, must be approved under separate Special Use Permit Amendment. 4.All access for the school use will utilize Brooklyn Boulevard only. All bus and/or parent drop-off/pick-up will occur inside the church/school parking lot and near the main front door entrance to the facility only. All bus and personal vehicles must enter and egress from Brooklyn Boulevard access points only. No side- door/back-door entrances for staff or visitors will be allowed along Admiral Lane or Ewing Avenue roadways. RESOLUTION NO. 2017- 5.All parking associated with this charter school use shall be on-site and on improved surfaces only. On-street parking within the adjacent residential street systems will not be allowed for staff, parents or visitors, and BPTC will be expected to monitor all parking; and promptly address any complaints should they become known to the City. 6.Any new signage for the new school or modifications to any existing church signage must meet those standards found under City Code Chapter 34 - Signs. 7.Any and all new building improvements and life-safety improvements necessary to accommodate the new school use inside the existing church facility, must be reviewed and approved by the City Building Official and Fire Chief. 8.Any new, outside trash disposal facilities or new mechanical equipment shall be appropriately screened from view. 9.This Special Use Permit may not be altered or expanded in any way not comprehended by this application without first securing an amendment to the special use permit. 10.The bus driver training activities currently being conducted on the subject property shall cease on or before June 1, 2017. No other bus or commercial vehicle training will be conducted or allowed on this site. 11. The special use permit is subject to applicable codes, ordinance and regulations. Any violation thereof may be grounds for revocation. February 13, 2017 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA JANUARY 26, 2017 i.. . m The Planning Commission meeting was called to order by Chair Christensen at 7:00 p.m. Chair Randall Christensen, Commissioners Alexander Koenig, Jack MacMillan, Stephen Schonning, Susan Tade and Rochelle Sweeney were present. Also present were Secretary to the Planning Commission Tim Benetti, Director of Business & Development Gary Eitel, and Michaela Kujawa-Daniels, TimeSaver Off Site Secretarial, Inc. 3.APPROVAL OF AGENDA There was a motion by Commissioner MacMillan, seconded by Commissioner Schonning, to approve the Planning Commission Meeting Agenda with amendments as follows: Move agenda item 6a to present after agenda item 6b. The motion passed unanimously. 4.APPROVAL OF MINUTES - January 12,2017 There was a motion by Commissioner Sweeney, seconded by Commissioner Tade, to approve the minutes of the January 12, 2017 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 6b) APPLICATION NO. 2017-002 BIG PICTURE TWIN CITIES AND CROSS OF GLORY LUTHERN CHURCH PROPERTY ADDRESS: 5929 BROOKLYN BOULEVARD PC Minutes 01-26-17 -1- DRAFT Chair Christensen introduced Application No. 2017-002, Consideration of Special Use Permit for new public charter school offering a regular course of study accredited by the Minnesota Department of Education. (See Planning Commission Reports dated 01-26-201 7for Application No. 2017-002) It was noted that notice was published in the local Sun-Post and notice letter were delivered to all properties within 350 feet of the subject site. Chair Christensen stated he wanted to open the public forum next and would ask questions upon hearing their statements and input. OPEN TO PUBLIC COMMENTS - APPLICATION NO. 2017-002 Chair Christensen recognized residents in the audience who wished to speak on this matter. There was a motion by Commissioner MacMillan, seconded by Commissioner Tade, to open the public hearing on Application No. 2017-002, at 7:14 p.m. The motion passed unanimously. Chair Christensen called for comments from the public. Director of Big Picture Twin Cities, Rachel Ose Ngendakuriyo, 7729 Unity Avenue N., Brooklyn Park, provided background on Big Picture education. She stated the main idea of Big Picture is to provide individualized education to each child and as part of that they pair each child with a mentor as well. She stated they are excited to be leasing in a non-profit building where they money will be going back into the community. She noted there are so many great things about Big Picture but one to note is the graduation rates are 89%. Betty Mummah, 5900 Admiral Lane, Brooklyn Center, stated she is a neighbor of the church and is strongly opposed to this proposal. She stated she is concerned about traffic and vandalism mainly. Noting that decreases in property value as a result of the school opening in the church is a secondary concern. She stated there is no value to adding this school for the community only negative consequences. Michael Mummah, 5900 Admiral Lane, Brooklyn Center, stated he is the son of Betty Mummah and stated he wanted to reiterate her concerns more clearly. He stated they have concerns about traffic being diverted through Admiral Lane when the City will conduct the proposed construction to the street opening to the church building. He stated most middle schools now have police or security on site because middle schoolers are of an age where high amounts of troublemaking activity occur, and noted he doesn't see that the school or church have a police liaison in their plans. He stated they are worried about children roaming the neighborhood and causing trouble, noting the schools plan to have all children bused will not prevent children from not getting on the bus and sticking around the neighborhood. He stated the fact that more children who have been taught with the Big Picture learning style have graduated college has nothing to do with middle school, noting they aren't high schoolers. He stated they are also concerned that property values will diminish from the presence of the school and children. PC Minutes 01-26-17 -2- DRAFT Olga Vuziy, 5844 Ewing Avenue, Brooklyn Center, stated she already has issues with the church and their uses of the parking lot at odd hours throughout the day and night. She stated they have used the parking lot for packing care packages that they send to other countries and sometimes that activity goes on into the late hours of the evening and it is disruptive to neighbors. She also stated there are school bus drivers using the lot to train new drivers and she would like that to stop. She stated adding the school will not help any of these issues. Bruce Rosholt, 5842 Admiral Lane, Brooklyn Center, stated he believes this is an awful idea. He stated the traffic along those roads is too active to have a school there. He stated having a charter school will only bring trouble to the neighborhood and cause problems. He stated their property values will diminish as a result. He stated this is a ludicrous idea and he would like to know what can be done to stop this from moving forward. Ruth Mcalindon, 5925 Admiral Lane, Brooklyn Center, stated she is a neighbor and attends the church and thinks this is a great idea. She stated Rachel presented the proposal to the church the other day and believes it will have a positive impact on the community. She stated it is great that people want to take a chance on children who maybe aren't getting the individual attention at the public schools and that could thrive in a smaller class size environment with a different teaching standpoint. She stated she is happy to see this moving forward into the neighborhood and noted the concerns of the other neighbors are none that she believes to be of real concern. Tammy Sathre, 6038 Lilac Drive, Brooklyn Center, stated she lives next to Earle Brown School and stated the neighbors of this proposed school have nothing to worry about. She stated it is so small in a location that is already there they won't notice much activity at all. She stated this type of school is much needed to close a gap in the learning system in Brooklyn Center. She stated this can only help the community grow and move into a more positive direction because these children are the future of the City. Deputy Director, Ashley Viehauser, 5649 Humboldt Avenue 5, Minneapolis, stated it's a great benefit to the community and world to have children graduating and going to college. She stated the school is responsible for the students getting on and off the buses and to make sure the students are making the community better. Pastor at Cross of Glory Lutheran Church, Mark Hostetler, 6272 Yukon Avenue N., Brooklyn Park, stated the church is currently down to 300 members, despite best efforts to grow the congregation. He stated they were looking for a partner not just any group to join in the efforts to make the community a great place to be and to help grow the community. He stated they found that in Big Picture Learning and believes this school will be a true asset to the community and the church. Lindsay Jansen, 1496 Arden Oaks Drive, Arden Hills, stated there is a misconception with charter schools and alternative schools. She stated there is a difference between them and the alternative schools are those that offer different more specialized learning for children that may have issues learning in a public setting whether due to behavioral issues or learning issues, those children would most likely be referred to an alternative school. She stated a charter school is a place that offers a different choice to the public schools in the area for parents wanting smaller PC Minutes 01-26-17 -3- DRAFT class sizes and perhaps a different teaching approach for their child. She stated charter schools are compared to private schools but without the tuition. MOTION TO CLOSE PUBLIC COMMENTS (HEARING) There was a motion by Commissioner Schonning, seconded by Commissioner Tade, to close the public hearing on Application No. 2017-002, at 8:06 p.m. The motion passed unanimously. Commissioner Tade asked what the recruitment process looks like for the enrollment. Rachel stated they are having an open house and will mail outreach materials to the surrounding area. Commissioner Tade asked if they believe they will reach the 80 children enrollment they have in their proposal. Rachel stated absolutely. She stated there are plenty of families in the community looking for more specialized options for their children's education and if they can get that for free they will jump at that opportunity. Commissioner Tade asked if this only a learning model or has it been implemented in a school settings and had success already in other locations. Rachel stated they have a few hundred of these schools in the U.S. and some in other countries as well and they have had great success. Commissioner Tade stated the graduation rate outlook is impressive and she is happy to hear they have used the model many times before with success. Commissioner Koenig stated he does believe the concerns voiced by some of the neighbors are valid to an extent, .he noted that doesn't necessarily mean he agrees with their feelings and concerns, but he wants them to be aware they are legitimate so they can look at those concerns closely for precautionary measures. Chair Christensen asked Mr. Benetti if they have received a lot of negative input regarding traffic issues or otherwise from people in the Happy Hollow neighborhood where they approved a much larger school awhile back to be put into a similar style of neighborhood. Mr. Benetti stated he hasn't heard of home value decreasing because of a school or church moving into the neighborhood and In the case of the Happy Hollow neighborhood, he stated they have actually been pleasant surprised by the fact that their values have gone up because of people wanting to move closer to the school. Commissioner MacMillan stated he thinks it's a very positive thing that the school will keep the church alive and the buses and traffic is nothing along with there being no cost to the city it's a positive thing. Chair Christensen stated his main concern is the traffic being regulated by the school to enforce the traffic through the correct ways and to keep the kids safe. • Commissioner Tade asked what will happen when they are doing the construction on the entry way. Mr. Benetti stated it will most likely be rerouted around down Admiral Lane and Ewing but it will be temporary and they will still have the back access in and out for the school and church members. PC Minutes 01-26-17 -4- DRAFT Commissioner Koenig stated while the concerns from the residents is important equally important is the community and keeping the community thriving and bringing a school and faith together will be a good thing. Chair Christensen stated his last concern is the outdoor activities. She stated they would make use of the large parking lot with removable basketball hoops and kick balls and such and also. make use of the community center if they wanted. It was the consensus of the Planning Commission to approve the application. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION. NO. 2017-01 REGARDING THE RECOMMENDED. DISPOSITION OF PLANNING. COMMISION APPLICATION NO. 2017-02 SUBMITTED BY BIG PICTURE TWIN CITIES, TO OPERATE A NEW CHARTER SCHOOL USE IN THE R-1 ONE. FAMILY RESIDENCE DISTRICT, LOCATED AT 5929 BROOKLYN BOULEVARD There was a motion by Commissioner Koenig, seconded. by Commissioner MacMillan to approve Planning Commission Resolution No. 2017-02. Voting in favor: Chair Christensen, Commissioners Koenig, MacMillan, Schonning, Sweeney and Tade. And the following voted against the same: None The motion passed unanimously. PC Minutes 01-26-17 -5- DRAFT ((i of BROOKLYN CEN Planning Commission Report Meeting Date: January 26, 2017 • Application Filed: 01/04/17 • Review Period (60-day) Deadline: 03/02/17 Extension Declared: N/A • Extended Review Period Deadline: N/A Application No. 2017-002 Applicant: Big Picture Twin Cities and Cross of Glory Lutheran Church Location: 5929 Brooklyn Boulevard Request: Special Use Permit to allow New Charter School Use in the R-1 One Family Residence District INTRODUCTION Big Picture Twin Cities (BPTC), as a public charter school offering a regular course of study accredited by the Minnesota Department of Education, along with Cross of Glory Lutheran Church, are seeking a Special Use Permit to be recommended by the Planning Commission and granted by the City Council for the property located at 5929 Brooklyn Boulevard. Cross of Glory is allowing Big Picture to lease a portion of their under-utilized Sunday school classrooms and children's' activity areas due in part to decrease enrollment and use by families that remain members of the church. Cross of Glory will continue as principal owner and user of the church property, with no plans to sell off the property to the school group at this time. Written notices of this public hearing were mailed to all residential property owners within 350- feet of the subject site. As of the preparation of this report, no comments either for or against this request, have been received by the City. COMPREHENSIVE PLAN AND ZONING STANDARDS Land Use Plan: Single-Family Current Zoning: R-1 Two Family Residence Surrounding Zoning: North: R-1 One Family Residence East: R-1 One Family Residence/ C-i Office Service South: R-1 One Family Residence West: R-1 One Family Residence Neighborhood: Kylawn Conformity to: Land Use Plan:Yes Zoning Ord.:The Church facility yes; the school use subject to special use permit. Subdivision Ord..N/A Sign Ord.:Unknown or not under consideration at this time. Variance Needed for Request: None at this time. App. No. 2017-002 PC 01/26/2017 Page 1 BACKGROUND Pursuant to City Code Section 35-310, RI ONE FAMILY RESIDENCE DISTRICT, all new public school (including charter) uses must be approved under a special use permit: 2. Special Uses b. Public and private elementary and secondary schools offering a regular course of study accredited by the Minnesota Department of Education, provided primary vehicular access shall be gained to the uses by a collector or arterial street. BPTC and Cross of Glory Church executed a Letter of Intent on December 22, 2016 for BPTC to lease and occupy initially approximately 10,000 rentable square feet of the approximately 22,589 square foot building and surrounding property at Cross of Glory Lutheran Church. By the 2019-2020 school year, BPTC plans to lease and occupy 18,000 rentable square feet. The lease is for a three (3) year term. The lease will be subject to approval by the Minnesota Department of Education, which requires that the building meets health and safety codes per Minnesota Statutes, section 124E.03, Subdivision 2(a), which states in part, "A charter school shall meet all federal, state, and local health and safety requirements applicable to school districts." It also mandates that BPTC administration and school board are aware of the requirements of Title II of the American with Disabilities Act (ADA) and will comply with those requirements. Further, it requires that the school is inspected by the Minnesota State Fire Marshall or its local designee for compliance with the Minnesota State Fire Code for Educational Occupancy and has an inspection report showing that any outstanding violations discovered during the initial inspection have been remedied. BPTC is a public charter school approved by the Minnesota Department of Education (MDE). As a public school, it will serve all students who apply for admission. There are no admission requirements or charges for tuition. BPTC is funded with state and federal dollars. Funding is based on enrollment and includes money for both operational expenses and lease payments for a facility. In addition to being regulated by the Minnesota Department of Education, charter schools are overseen by an MDE approved authorizer. The authorizer is responsible for the academic results and financial management of the school. BPTC's authorizer is Novation Education Opportunities (NEO) which is single purpose Charter School Authorizer in the State of Minnesota. NEO is a non-profit corporation with 501 (c)(3) status. DETAILS of CHARTER SCHOOL BPTC is a new and innovative model that will provide a free public school option to Brooklyn Center and surrounding community members seeking stronger academic results and a more personalized learning environment than currently available in local district and charter schools. Cross of Glory was built in 1955, and has been added on a few of times throughout the years. It App. No. 2017-002 PC 01/26/2017 Page 2 located at the southeast corner of Brooklyn Boulevard and Admiral Lane. It consists of 4.6 acres, with almost 29,000 sq. ft. of floor space on the first/main level and an additional 19,900 sq. ft. on the lower level. The church has two fully functioning entrances off Brooklyn Boulevard to the east (with center turn lanes to accommodate vehicles off this roadway system); two secondary entrances off Ewing Avenue to the west; and one minor entrance to the south parking lot area off of 581/2 Avenue North. BPTC School intends to use the existing "Sunday school" classrooms highlighted in blue shaded areas in the floor plan below. 0 fl -. p. Fist:i1 T tJ - L[iiij Ii The light green shaded areas will be used as activity or multi-purpose areas for the charter school group. The school also intends to utilize parts of the lower level for classrooms and multi- App. No. 2017-002 PC 01/26/2017 Page 3 purpose areas (underneath the main church sanctuary/gathering space). The church facility has a large expanse of parking for its own use, and should provide adequate parking needs for the school use, as the church and school functioning times will not cross over or be in direct conflict due to normal school day hours versus normal weekend church service times. BPTC intends to open its doors to 80 students in grades 6, 7 and 8 in August 2017. Plans call for this school to grow or expand to serve up to 150 students over the coming years, as indicated in the table below: School Year Nuniber of Student 2017-2018 80 2018-2019 120 2019-2020 150 2020-2021 150 2021-2022 150 BPTC is open to all students, without regard to ability, race, religion, or any other factors, other than the capacity of the program, class, grade level, or building. ANALYSIS - SPECIAL USE Pursuant to City Code Section 35-220; Subpart 2. Standards for Special Use Permits, a special use permit may be granted by the City Council after demonstration by evidence that certain standards used to measure or allow a special use have been or will be met as part of any ( approvals. The following section highlights these standards (italic text), with city planning staff responses to each standard afterwards: a. The establishment, maintenance or operation of the special use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. The subject property is currently zoned Ri - One Family Residence District, Public and private elementary and secondary schools are allowed as per the City Ordinance via a Special Use Permit. Further, it is located on Brooklyn Boulevard, an arterial street, which will provide primary vehicular access for the faculty, staff, parents, students and visitors. Big Picture Twin Cities (BPTC), as a public charter school offering a regular course of study accredited by the Minnesota Department of Education, seeks the approval of a Special Use Permit in order to operate a small level charter school for children in grades 6 Ih through 81h grade only. BPTC indicates plans to expand their student enrollments through the next few years, but does not plan to exceed 150 students at this time. Enrollment level or level of service is usually determined by the Dept. of Education. BPTC further indicated they may open a second campus to serve high school students, but there are no plans to provide this high school level education at this location. BPTC anticipates that after the kids finish this charter school programming, they will eventually enroll into the local high schools of Brooklyn Center High, Park High school, or others. App. No. 2017-002 PC 01/26/2017 Page 4 This type of use will provide opportunity to young kids to begin their formative education at a local school use, and transition to one of the local high schools in or near the city, which helps promote the general welfare of the community, and sustains the success of our local schools. The applicants have indicated they intend to ensure that all bus/parent drop-off areas and pick-up will take place from Brooklyn Boulevard, which will lessen any impacts upon the surrounding residential neighborhoods. In addition, BPTC has already solicited the assistance of the City's Building Official and Fire Marshall to inspect and recommend any building safety and life-safety issues in order to make the school area a safe and effective area for education al purposes. Any improvements will be made under a general building permit process and must be approved by the Dept. of Education as well. b.The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. The proposed school use will not have an adverse effect on adjacent properties. Rather, BPTC will further enhance the image of the area and be a good neighbor to the adjacent properties. The changes to the appearance of the property will be minimal, as BPTC intends to add new signage as allowed by City Code; and plans to utilize a small portion of the parking lot for outdoor recreation for its students, which should not be a disruption to the neighboring properties, businesses and residents. None of the utilized equipment is scheduled to be permanently affixed to the property. BPTC will be long-term asset that will help attract and retain families in the surrounding residential neighborhoods and complement the existing amenities in the Brooklyn Center area. It will also strengthen the area's reputation for having quality public schools, which can have a positive effect on the housing values for the surrounding community. As for the existing schools in Brooklyn Center, BPTC will offer residents with middle school aged children (grades 6-8) more high-quality choices. As a public school, it will serve all students who apply for admission. BPTC is open to all students, without regard to ability, race, religion, or any other factors. There are no admission requirements or charges for tuition. c.The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. The proposed use for 5929 Brooklyn Boulevard is fully compatible with present and future uses of the area. BPTC and Cross of Glory Lutheran Church will share the space, with the school's primary use during school hours on week days and the church's primary use on evenings and weekends. As a public charter school serving grades 6-8 it is compatible with single-family residential use, which encompasses the majority of the adjacent properties. Further, the subject property has been underutilized as a facility and the school will bring App. No. 2017-002 PC 01/26/2017 Page 5 vitality back to the building and greatly benefit the area. Faculty, parents and students are likely to patronize the nearby retailers and restaurants and the school itself will serve as a new community amenity. d. Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets. The subject property is located and accessible via Brooklyn Boulevard, which is an arterial street and currently serves 24,000 vehicles per day. Buses, staff and parents will utilize the Brooklyn Boulevard entrance to enter and exit the property (see map below): AERAL MAP L1tJL • • •:' This should minimize the impact in terms of traffic on the area. App. No. 2017-002 PC 01/26/2017 Page 6 The school hours will be Monday through Friday between 8:00 and 4:00 pm. The majority of students will ride a school bus, with up to two busses serving the 2017-2018 school year, and no more than four at full capacity. Limited parent pickup and drop off will also occur. Based on conversations with staff from the Public Works Department, the small size of the school should not have a significant impact on traffic. In addition, BPTC should have no impact on parking facilities on adjacent streets and land because of the very large surface parking lot, which has 210 stalls. With no more than 150 students and 15 staff members even at all school celebrations and conference time, the parking will be sufficient. The image below reflects the planned roadway, trail/sidewalk and access improvements near the Admiral Lane and Brooklyn Boulevard intersection. These improvements were identified under the approved Brooklyn Boulevard Corridor Study of 2013, with reconstruction to begin this year and finish over the next 5 to 6 years. LEGEND PP P550 PAVOP 0550551 RSUEO STOOPS POD COPS Elill LSIOSOPPEO 505555k 111111 050515500 0505510 LJ C5r1-0a,EO lUcaS [Lii 051554155S 051050 SCOJ5000SWi 0 £SOST5cS 5050 STOP 050 5000500 EPIST1105 BUS STOP 5058 SKELTER The City has also notified the Church and BPTC that the two entrances off Brooklyn Boulevard will be reduced to only one entrance, as part of the planned future improvements to this roadway system. The single access point will be limited to a right- in/right-out only, as Hennepin County plans to install a center-median to restrict the free access movements into the property. City staff does feel the loss of this northerly access or reduction of turning movements will have any negative or long-term effects upon the operation of the church and/or school at this location. App. No. 2017-002 PC 01/26/2017 Page 7 The City Engineer indicated in their review memo that BPTC's school buses, staff and parents will only access the property from Brooklyn Blvd.; and drop offs/parking will only occur onsite, with on-street parking on adjacent city streets prohibited and will be managed by the school operator and landowners. e. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. The property at 5929 Brooklyn Boulevard is located in a RI One Family Residence District. The existing structure on site is a church built in 1955. The building meets the minimum district requirements as set in Section 35-400 of the City Ordinance and the parking space standards in Section 35-702. BPTC is a public charter school. Public and private elementary and secondary school uses are allowed in the RI District via a Special Use Permit, subject to the school offering a regular course of study accredited by the Minnesota Department of Education and provided that primary vehicular access shall be gained to the uses by a collector or arterial street. BPTC and the subject property meet these requirements and thus will fully conform to the regulations of the district. RECOMMENDATION Staff recommends the Planning Commission adopt the attached Resolution No. 2017-02, which comprehends approval of Planning Application No. 2017-002, a Special Use Permit to operate a public charter school use within the existing Cross of Glory Lutheran Church, located at 5929 Brooklyn Boulevard, subject to the following conditions: 1.The special use permit is granted to Big Picture Twin Cities (BPTC) to operate a new public charter school for grades 6-8 only, and within the existing Cross of Glory Lutheran Church facility located at 5929 Brooklyn Boulevard. 2.BPTC is allowed to have up to 80 students at first, with no more than 150 students by Year 2021-20122. Any expansion of students greater than five percent (5%) of the 150 students will require submittal of Special Use Permit Amendment. 3.Any future expansion of classrooms or leasable space inside the church that exceed a five percent (5%) threshold of what is currently illustrated on the plans submitted under Application No. 2017-002, must be approved under separate Special Use Permit Amendment. 4.All access for the school use will utilize Brooklyn Boulevard only. All bus and/or parent drop-off/pick-up will occur inside the church/school parking lot and near the main front door entrance to the facility only. All bus and personal vehicles must enter and egress from Brooklyn Boulevard access points only. No side- door/back-door entrances for staff or visitors will be allowed along Admiral Lane or Ewing Avenue roadways. App. No. 2017-002 PC 01/26/2017 Page 8 5.All parking associated with this charter school use shall be on-site and on improved surfaces only. On-street parking within the adjacent residential street systems will not be allowed for staff, parents or visitors, and BPTC will be expected to monitor all parking; and promptly address any complaints should they become known to the City. 6.Any new signage for the new school or modifications to any existing church signage must meet those standards found under City Code Chapter 34 - Signs. 7.Any and all new building improvements and life-safety improvements necessary to accommodate the new school use inside the existing church facility, must be reviewed and approved by the City Building Official and Fire Chief. 8.Any new, outside trash disposal facilities or new mechanical equipment shall be appropriately screened from view. 9.This Special Use Permit may not be altered or expanded in any way not comprehended by this application without first securing an amendment to the special use permit. 10.The special use permit is subject to applicable codes, ordinance and regulations. Any violation thereof may be grounds for revocation. App. No. 2017-002 PC 01/26/2017 Page 9 iVJ 1SLJ DATE: January 19, 2017 TO: Tim Benetti, Planning and Zoning Specialist FROM: Andrew Hogg, Assistant City Engineer SUBJECT: Public Works - Special Use Permit - Big Picture at Cross of Glory Lutheran Church at 5929 Brooklyn Blvd. Public Works staff has reviewed the application for the Big Picture Twin Cities Special Use Permit for the Cross of Glory Lutheran Church at 5929 Brooklyn Blvd; dated December 29, 2016. The Special Use Permit applies to operation of the public charter school for grades 6-8 at this location. 1.Per the Special Use Permit application, Big Picture school buses, staff and parents will only access the property from Brooklyn Blvd. Drop offs/parking to occur onsite, not using adjacent city streets. Tennant will strictly manage this. 2.Per the Special Use Permit application, all school parking and school events parking must be contained to the property's surface lot. Tennant will strictly manage this. All aforementioned items, comments and recommendations are provided based on the information submitted by the applicant at the time of this review. The Special Use Permit must be developed and maintained in substantial conformance with the referenced application, unless modified by the staff recommended conditions above. Subsequent approval of the final permit 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. December 29, 2016 Tim Benetti City Planner City of Brooklyn Center, MN 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 tbenettici.brooklyn-center.mn.us Dear Mr. Benetti, We are requesting a Special Use Permit to operate Big Picture Twin Cities, a public charter school for grades 6-8, in Cross of Glory Lutheran Church at 5929 Brooklyn Blvd. This property would effectively suit our programmatic and administrative space needs as well as those of the church. The property additionally offers Big Picture Twin Cities the opportunity to serve its students and families in a unique environment with close access to local transportation, parks, nature areas, mentorship opportunities and the numerous amenities of Brooklyn Center. Big Picture Twin Cities (BPTC) presents a groundbreaking educational model that personalizes every student's school experience to provide an education that is both relevant and rigorous. The school blends project based learning, targeted instruction and small group advisory together in the same learning space to ensure every student has an engaging school experience and is held to high academic standards. Cross of Glory Lutheran Church is seeking a tenant for their under-utilized education space. We propose utilizing the classrooms, gathering/eating areas, offices, kitchen, gymnasium, and basement as well as the parking lots. Hours of operation will be Monday through Friday from approximately 8:00am to 4:00pm. There would be up to 15 members of our faculty and staff at any given time at the site along with approximately 80-150 students. Please feel free to contact me at should you have any questions or need additional information. Sincerely, NO M 9 NO ; =0 1 Rachel Ose Ngendakuriyo Director, Big Picture Twin Cities (651) 605-5380 directorphillipscommunityschoo!.org S Of Q CROSS OF GLORY LUTHERAN CHURCH(El LCA) 5929 roo1di Boulevard, Brooldyn Center, NM 55429 Phone 763-533-80602 Email office@crossofglory.us Website: www crossofgloiy us LUTHERAN CHURCH December 27, 2016 Tim Benetti City Planner City of Brooklyn Center, MN 6301 Shingle Creek Pkwy. tbeneftkci.brooklvn-center. mn us Dear Mr. Benetti, The members and staff of Cross of Glory Lutheran Church are requesting you allow a special use permit for Big Picture Twin Cities, a public charter school for grades 6-8, to operate in our church at 5929 Brooklyn Blvd. We strive to be effective stewards of our church building, and sharing our space with Big Picture Twin Cities (BPTC) would benefit both the church and the school, as well as the broader Brooklyn Center community. Cross of Glory Lutheran Church has been a part of the Brooklyn Center community for the past sixty years. We are called to welcome, celebrate, grow and serve our diverse community in the glory of the Cross. Sharing our space with BPTC presents a new opportunity to engage and serve our community while we continue the work of the church. Our building is well suited to meet the needs of the school, with adequate classrooms, community space, and ample parking. BPTC's school model is one that we believe would greatly benefit the students and families of Brooklyn Center. The school's "one student at a time" approach and their engagement of families and community members in the education process will serve students well and will prepare them for success in college, future careers, and the communities in which they will eventually become a part. Please feel free to contact me at should you have any questions or need additional information, Sincerely,... Pastor pougMork Crqss of Glory Lutheran Church (ELCA) 5929 Brooklyn Blvd. Brooklyn Center, MN 55429 BIG PICTURE TWIN CITIES Application for Special Use Permit The establishment, maintenance or operation of the special use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. Big Picture Twin Cities (BPTC), as a public charter school offering a regular course of study accredited by the Minnesota Department of Education, is seeking a Special Use Permit to be recommended by the Planning Commission and granted by the City Council for the property located at 5929 Brooklyn Boulevard. The subject property is currently zoned RI - One Family Residence District (see attached Brooklyn Center Zoning Map). Public and private elementary and secondary schools are allowed as per the City Ordinance via a Special Use Permit. Further, it is located on Brooklyn Boulevard, an arterial street, which will provide primary vehicular access for the faculty, staff, parents, students and visitors. BPTC is a new and innovative model that will provide a free public school option to Brooklyn Center and surrounding community members who are seeking stronger academic results and a more personalized learning environment than currently available in local district and charter schools. Mission BPTC will build on the unique strengths and self-knowledge of its diverse student body and staff through a rigorous, competency-based system that balances support with flexibility and personalized, student-directed learning with high academic standards, thereby ensuring all students graduate from high school with the skills and knowledge necessary for success in college and the career of his or her choosing. Vision BPTC will prove that all students, regardless of their socio-economic status, zip code, or background, are capable of graduating from high school and achieving success in college. Every BPTC student will graduate with the sense of empowerment and personal responsibility necessary to be a positive and innovative force for change in the world, and will use their skills and knowledge to positively participate in a democracy and a global economy in innovative and personally meaningful ways. Academic Model BPTC is partnering with Big Picture Learning to implement this innovative model in Brooklyn Center. Big Picture Learning (BPL) is an international network of like-minded schools that work with students, families and the broader community to provide a high quality, personalized and rigorous education. BPL schools are unique environments where students can explore their individual interests and passions within a community of learners. BPL schools are centered on the following ten distinguishing characteristics: 1. One Student at a Time Students are treated as individuals within a community of learners. Every BPTC student has an individual learning plan based on their unique interests, talents, goals, and needs. Each learning plan is developed collaboratively by the student, the student's family, and the student's BPTC advisor. Students master rigorous academic content standards in ways that are personally meaningful and tailored to each individual student. Advisory Structure Advisory is the core organizational structure of all Big Picture schools. Advisories at BPTC are groups of fifteen students and one advisor (a licensed teacher) that spend a large part of each day working together. Students and advisors collaborate to determine which projects and teacher supports will best help students master standards at a rigorous level and develop students' interests. Advisory ensures that every student has a one-on-one personal connection with a trusted adult, and provides students with a space to share, celebrate and build on individual and group Page 1 of 6 BIG PICTURE TWIN CITIES Application for Special Use Permit learning. Students stay with the same advisory throughout their years at BPTC, building close relationships between advisors, students and families. Learning in the Real World: LTI Learning in the Real World is a key component of all Big Picture schools. When classroom learning isn't connected to the real world surrounding students, school can feel disconnected and frustrating. Learning Through Interest and Learning Through Internships bridges the "relevance gap" by engaging students directly in work that interests them and has a meaningful impact on the world around them. Students at BPTC will develop projects based on their personal interests, passions and goals. Students will work with community experts in relevant fields as mentors, both on site at the school and off site in community internships. 4.Parent and Family Engagement Parents and families are critically important members of the school community. Parents collaborate with students and advisors to develop their student's learning plan. Parents' knowledge of students is crucial when developing a plan that best meets each individual student's needs. Parents also play an active role in authentically assessing their student's work and growth at the end of each term. Parents often play an integral role in building relationships with potential LTI mentors. 5.School Culture A positive and respectful school culture is important in all Big Picture schools. Students take on leadership roles in the school, and student voice is valued in the school decision making process. BPTC will implement restorative practices across the school to support a positive, healthy school culture that helps the school build community and resolve conflict. 6. Authentic Assessment Students at BPTC are expected to master rigorous state standards, and students at Big Picture schools across the country are outperforming their local districts in both reading and math. That said, we believe students are best assessed not by tests, but by public displays of learning that track growth and progress. These public displays are called exhibitions, and take place four times a year. In exhibitions, students present their learning, growth, projects, and other work to a panel of teachers, administrators, classmates, family members, friends and community members. This process allows for a student's success to be measured in a more authentic way that encompasses much more than a test score. School Organization BPTC is organized around advisory and individual student learning plans rather than a traditional bell schedule. BPTC is designed to be flexible enough to meet each student's needs. In traditional schools, students often feel frustrated when the learning is either too difficult or too easy for them. At BPTC, students can spend more time focusing on the areas in which they need support, and less time on content they've already mastered. 8. Leadership Leadership at Big Picture schools is shared and spread between a strong, visionary principal or director, a dedicated, responsible team of advisors and staff, and engaged, motivated students. Shared ownership drives ongoing improvement. All members of the school community are expected to actively engage in leading BPTC and building a positive school culture. Page 2 of 6 BIG PICTURE TWIN CITIES Application for Special Use Permit Post-Secondary Planning BPTC will serve 6 "'-8 th grade students at Cross of Glory Lutheran Church, but will eventually grow and open a second campus to serve high school students. We believe that students should begin planning and preparing for life after high school long before their senior year. At BPTC, students develop habits, skills, mindsets and plans that contribute to their future success in college and/or careers. Big Picture schools average a 95% on-time graduation rate. Students from Big Picture schools across the country are accepted into college at higher rates (89%) than students in their local district schools, and are significantly more likely to graduate from college than students who didn't attend a Big Picture school. 10. Professional Developingnt Advisors and staff at BPTC receive regular professional development to drive continuous improvement and are expected to be lifelong learners. As a Big Picture school, BPTC is able to learn from the experience of other Big Picture schools around the country and the world to bring the most effective, relevant education to our students. Leadership Team Rachel Ose Ngendakuriyo - Director An Iowa native, Rachel's passion for educational justice in Minnesota first developed as she spent time living and working in the high potential Phillips neighborhood of South Minneapolis. After earning an English degree from St. Olaf College, Rachel decided to devote her time to working in the Twin Cities' urban schools. Rachel joined Teach for America as an inaugural Twin Cities corps member. After teaching high school English to Somali immigrants at St. Paul's Higher Ground Academy, Rachel went on to teach and eventually lead HGA's middle school. While teaching, Rachel earned her Master's degree in Education and her Principal license. Rachel's vision for a school that provides both a college-preparatory, rigorous education and a highly personalized, student-driven learning environment led her found Big Picture Twin Cities. Ashley Viehauser - Deputy Director for Startup Ashley is a Minneapolis native who developed a passion for the city and education as an issue of social justice. She attended Princeton University where she earned degrees in multiple fields of study, focusing specifically on urban education. She holds a Master's degree in Educational Leadership, and is pursuing administrative licensure. Ashley worked at Hope Academy in Minneapolis, where she taught middle and high school, served as the Director of Academic Support, and worked administratively in admissions and family engagement. Ashley is driven to achieve equity in educational opportunities and outcomes. As the Deputy Director of Startup for Big Picture Twin Cities, Ashley works to provide students with an education that intentionally prepares them for success in college, a career, and their communities. Authorization BPTC is a public charter school approved by the Minnesota Department of Education (MDE). As a public school, it will serve all students who apply for admission. There are no admission requirements or charges for tuition. BPTC is funded with state and federal dollars. Funding is based on enrollment and includes money for both operational expenses and lease payments for a facility. In addition to being regulated by the Minnesota Department of Education, charter schools are overseen by an MDE approved authorizer. The authorizer is responsible for the academic results and financial management of the school. Page 3 of 6 BIG PICTURE TWIN CITIES Application for Special Use Permit BPTC's authorizer is Novation Education Opportunities (NEO) which is single purpose Charter School Authorizer in the State of Minnesota. NEO is a non-profit corporation with 501 (c)(3) status. For more information about NEO, please visit their website: www.neoauthorizer.org The mission of NEO is to authorize and oversee charter schools through consistent, ongoing and robust evaluation to achieve significant and measurable student growth. NEO currently oversees 22 charter schools throughout the state of Minnesota: • Achieve Language Academy • New Century Charter School • Agamim Classical Academy • New City School • Avalon School • North Metro Flex Academy • Big Picture Twin Cities • Rochester STEM Academy • BlueSky Online Charter School • SAGE Academy Charter School • Discovery Charter School • Sejong Academy • Great River School • St. Cloud Math and Science Academy • Kato Public Charter School • Star of the North Academy • Lafayette Charter School • TEAM Academy • Lionsgate Academy • Universal Academy • Nerstrand Elementary • Urban Academy Charter School Student Enrollment BPTC will open its doors to 80 students in grades 6, 7 and 8 in August 2017 and will grow to serve 150 students over the coming years. BPTC is open to all students, without regard to ability, race, religion, or any other factors, other than the capacity of the program, class, grade level, or building. 00 1 tiiiihra ©iJititt 2017-2018 80 2018-2019 120 2019-2020 150 2020-2021 150 2021-2022 150 Lease BPTC and Cross of Glory Lutheran Church executed a Letter of Intent on December 22, 2016 for BPTC to lease and occupy initially approximately 10,000 rentable square feet of the approximately 22,589 square foot building and surrounding property at Cross of Glory Lutheran Church. The attached floor plans identify the rooms that will be utilized, along with exiting and restrooms. By the 2019-2020 school year, BPTC plans to lease and occupy 18,000 rentable square feet. The lease is for a three (3) year term. The lease will be subject to approval by the Minnesota Department of Education, which requires that the building meets health and safety codes per Minnesota Statutes, section 124E.03, Subdivision 2(a), which states in part, "A charter school shall meet all federal, state, and local health and safety requirements applicable to school districts." It also mandates that BPTC administration and school board are aware of the requirements of Title II of the American with Disabilities Act (ADA) and will comply with those requirements. Further, it requires that the school is inspected by the Minnesota State Fire Marshall or its Page 4 of 6 BIG PICTURE TWIN CITIES Application for Special Use Permit local designee for compliance with the Minnesota State Fire Code for Educational Occupancy and has an inspection report showing that any outstanding violations discovered during the initial inspection have been remedied. Application Process In preparation of this Special Use Permit application, BPTC met with Tim Benetti, Planning and Zoning Specialist, Steven L. Lillehaug, Director of Public Works, and Andrew Hogg, Assistant City Engineer, from the City of Brooklyn Center on December 12, 2016. Their recommendations regarding bus drop- off/pick-tip and staff parking have been reflected in this application. In addition, BPTC toured the subject property with Dan Grinsteinner, Building Official for the City of Brooklyn Center, and Brandon Gautsch, Public Education Officer for Brooklyn Center Fire Department on December 23, 2016. Upon guidance by Grinsteinner and Gautsch, BPTC will work with the owner of the subject property - Cross of Glory Lutheran Church - to address all ingress/egress and accessibility issues before seeking a Certificate of E-occupancy from the City of Brooklyn Center. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. The proposed school use will not have an adverse effect on adjacent properties. Rather, BPTC will further enhance the image of the area and be a good neighbor to the adjacent properties. The changes to the appearance of the property will be minimal, as BPTC will simply add signage, upon approval of a Sign Permit Application by City of Brooklyn Center Building & Community Standards. BPTC plans to utilize a portion of the parking lot for outdoor recreation for its students, but it should not be a disruption to the neighboring properties, businesses and residents; further, none of the utilized equipment be permanently affixed to the property. BPTC will be long-term asset that will help attract and retain families in the surrounding residential neighborhoods and complement the existing amenities in the Brooklyn Center area. It will also strengthen the area's reputation for having quality public schools, which can have a positive effect on the housing values for the surrounding community. As for the existing schools in Brooklyn Center, BPTC will offer residents with middle school aged children (grades 6-8) more high-quality choices. As a public school, it will serve all students who apply for admission. BPTC is open to all students, without regard to ability, race, religion, or any other factors. There are no admission requirements or charges for tuition. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for LISPS permitted in the district. The proposed use for 5929 Brooklyn Boulevard is fully compatible with present and future uses of the area. BPTC and Cross of Glory Lutheran Church will share the space, with the school's primary use during school hours on week days and the church's primary use on evenings and weekends. As a public Page 5 of 6 BIG PICTURE TWIN CITIES Application for Special Use Permit charter school serving grades 6-8 it is compatible with single-family residential use, which encompasses the majority of the adjacent properties. Further, the subject property has been underutilized as a facility and the school will bring vitality back to the building and greatly benefit the area. Faculty, parents and students are likely to patronize the nearby retailers and restaurants and the school itself will serve as a new community amenity. Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets. The subject property is located and accessible via Brooklyn Boulevard, which is an arterial street and currently serves 24,000 vehicles per day. Buses, staff and parents will utilize the Brooklyn Boulevard entrance to enter and exit the property (see attached aerial map). This should minimize the impact in terms of traffic on the area. The school hours will be Monday through Friday between 8:00 and 4:00. The majority of students will ride a school bus (two for the 2017-2018 school year, with no more than four at full capacity). Limited parent pickup and drop off will also occur. Based on conversations with staff from the Public Works Department, the small size of the school should not have a significant impact on traffic. In addition, BPTC should have no impact on parking facilities on adjacent streets and land because of the very large surface parking lot, which has 210 stalls. With no more than 150 students and 15 staff members even at all school celebrations and conference time, the parking will be sufficient, ( The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. The property at 5929 Brooklyn Boulevard is located in a RI One Family Residence District. The existing structure on site is a church built in 1955. The building meets the minimum district requirements as set in Section 35-400 of the City Ordinance and the parking space standards in Section 35-702. BPTC is a public charter school. Public and private elementary and secondary school uses are allowed in the RI District via a Special Use Permit, subject to the school offering a regular course of study accredited by the Minnesota Department of Education and provided that primary vehicular access shall be gained to the uses by a collector or arterial street. BPTC and the subject property meet these requirements and thus will fully conform to the regulations of the district. Page 6 of 6 ZONING DISTRICTS = R11 F, D OS OS 1fr,aPI 2i2 O1P &FU O2*Sfl ISa5ZI.bP, ZONING DISTRICT NOTES 2. 6 7 \ \_____ (BROOKLYNcEN TEE IN WE p OU cl LOCAL STREET 4 I 7 oJINDEX 5 \" 4I\ P . /j 6 Brooklyn Center Zoning Map : 0 ^ z^ L HvaL P I&L 1. N \ ke T^J%j f1 , I - ) 5 _ 0) (' C1(-'-0 C C I flTj jj LLL1.i L. I\ c çJ• I - -:u I i H L___ 1JL ', . -7 1^ -3^iAkL'4 t±1 .1 4 4_. - L L Wr - ih 'fv:J iaRJ' oc444 Sç .i2vI IT. •\•tjj 4 fiIrgj C) 0 L> 00 i((91U) I1' I: (I f t1iJ Ev(ri !v i -:i: L Li Classroom Multipurpose Li Administrative office Restroom [ Elevator L - Exit () Capacity N/MH LEVEL II rr----4'•f1. rLJ S ti - - ---r S / U i'lTh, 1) LOWA ER LFVIPL iTjIIiDiN N Classroom Multipurpose ri Restroom Elevator (E) / Wheelchair lift (W) LI Exit Capacity /IL\ ARROW C 0 NI P A N I E S Cross of Gory Church 5929 Brooklyn Blvd Brooklyn Center, MN 55429 ARUAL MAP /'11000T&o 18 000 SF A-W? "A -1 1 • I j •' Ott I r .' II - FM- Reçjjl broIIyrI ;?(5521CitcrSIJiu2O 'J!- INV D Pior-d ,!c I ibrary - (•IC.- 5929 Brooklyn Boulevard - I!c) - . II , 11 F3AFSjsrn1 vI''i'I ii-! -- - -- 4 C',. ik.rhr ,II Cn,I -F --, qmo I II Contact Arrow Companies www.arrowcos.com Phone: 763.424.6355 7365 Kirkwood Court N. Suite 335 Fax: 763.424.7980 Maple Grove, MN 55369 a Cross of Gory Church / 5929 Brooklyn Blvd Brooklyn Center, MN 55429 ARROW ES FLOOR PLAN _ Contact Arrow Companies www.arrowcos.com Phone: 763.424.6355 736s Kirkwood Court N. Suite 335 Fax: 763.424.7980 Maple Grove, MN 55369 'II A : Cross of Glory Church / 5929 Brooklyn Blvd Brooklyn Center, MN 55429 ARROW CANIES PWO ALLIERV / -- H -. F L Main Level- Classroom \ I --.--. q/;•J• 7t - .4UrP Main Level- Classroom/Library L Main Level- Classroom with Attached Office I-.4- •1• 'i r•e . •: 44 Main Level-Auditorium/Gym 'Lit I Main Level- Classroom with Attached Half Bath Main Level-Office Contact Arrow Companies Phone: 763.424.6355 7365 Kirkwood Court N. Suite 335 Fax: 763.424.7980 Maple Grove, MN 55369 www.arrowcos.com L ARROW C 0 RI P A N I E S P H OTO GALLERV .11 ± '. L Cross of Glory Chuch 5929 Brooklyn Blvd Brooklyn Center, MN 55429 ^C' CO) R. IiLCLoI i@ il id Lower Level- Classroom (4 Rear Building Entrance W - :—: f4j! Lower Level- Choir Room Lower Level- Classroom Lower Level- Multipurpose Area I _ TI ! r'IMLI Lower Level- Multipurpose Area flu! -" Contact Arrow Companies www.arrowcos.com Phone: 763.424.6355 7365 Kirkwood Court N. Suite 335 Fax: 763.424.7980 Maple Grove, MN 55369 Cross of Glory Church 5929 Brooklyn Blvd Brooklyn Center, MN 55429 ARROW 0Th /- L E Y / ________ NE W. 01.r I1 ___ Fellowship/Cafeteria Area Common Restrooms bt j:''i Sanctuary Contact Arrow Companies www.arrowcos.com Phone: 763.424.6355 7365 Kirkwood Court N. Suite 33S Fax: 763.424.7980 Maple Grove, MN 55369 [-71 A ARROW C 0 M PA N I E S Cross of Gory Church 5929 Brooklyn Blvd Brooklyn Center, MN 55429 TSIft5)E L\LLY L — R, 1[8000 R ii 41T-H--c ! 177 , 1• Private Building Entrance , Private Building Entrance Parking Lot 47 Main Church Entrance Contact Arrow Companies www.arrowCos.com Phone: 763.424.6355 7365 Kirkwood Court N. Suite 335 Fax: 763.424.7980 Maple Grove, MN 55369 1 Big Picture Twin Cities and Cross of Glory Lutheran Church 5929 Brooklyn Boulevard Planning Application No. 2017-002 Special Use Permit for New Charter School City Council Meeting February 13, 2017 LOCATION/AERIAL MAP Subject Property located at 5929 Brooklyn Boulevard LOCATION/AERIAL MAP Subject Property located at 5929 Brooklyn Boulevard Introduction Big Picture Twin Cities requesting Special Use Permit for new 6-8 Grade only charter school use inside the existing Cross of Glory Lutheran Church Cross of Glory will lease a portion of their Sunday school classrooms and activity areas (due to decrease enrollment/use by members of the church) Cross of Glory will continue as principal owner and user of the church property; no plans to sell the church property Written notices of this meeting were mailed to residential property owners within 350+ feet of subject site . Background City Code Section 35-310, all new public school (including charter) uses must be approved under a special use permit: 2. Special Uses Public and private elementary and secondary schools offering a regular course of study accredited by the Minnesota Department of Education, provided primary vehicular access shall be gained to the uses by a collector or arterial street. BPTC intends to lease and occupy approx. 10,000 sq. ft. of church ‘s 22,589 sq. ft. building By 2019-2020 , BPTC plans to lease and occupy 18,000 sq. ft. Lease for a three (3) year term; subject to approval by the Minnesota Department of Education, which requires that the building meets health and safety codes per Minnesota Statutes Background BPTC is a public charter school approved by the Minnesota Department of Education (MDE). As a public school, it will serve all students who apply for admission; no admission requirements or tuition. BPTC is funded with state and federal dollars. Funding is based on enrollment and includes money for both operational expenses and lease payments for a facility. Regulated by the Minnesota Department of Education; charter schools are overseen by an MDE approved authorizer. (responsible for the academic results and financial management of the school.) BPTC’s authorizer is Novation Education Opportunities (NEO) which is single purpose Charter School Authorizer in the State of Minnesota. Background BPTC intends to open its doors to 80 students in grades 6, 7 and 8 in August 2017. Plans call for this school to grow or expand to serve up to 150 students over the coming years, as indicated in the table below: BPTC is open to all students, without regard to ability, race, religion, or any other factors, other than the capacity of the program, class, grade level, or building. School Year Number of Students 2017-2018 80 2018-2019 120 2019-2020 150 2020-2021 150 2021-2022 150 SPECIAL USE PERMIT ANALYSIS Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets . The subject property is located and accessible via Brooklyn Boulevard, which is an arterial street and currently serves 24,000 vehicles per day. School hours Monday - Friday – 8:00 and 4:00 pm. Buses, staff and parents will utilize the Brooklyn Boulevard entrance to enter and exit the property only. Majority of students will ride a school bus, with up to two busses serving the 2017-2018 school year, and no more than four at full capacity. Limited parent pickup and drop off will also occur. BPTC should have no impact on parking facilities on adjacent streets and land because of the very large surface parking lot, which has 210 stalls. With no more than 150 students and 15 staff members even at all school celebrations and conference time, the parking will be sufficient. Brooklyn Boulevard Corridor Study of 2013, identified improvements to be made in and around the church property. Reconstruction is planned next year (2018) on south end; with second segment to be finished by 2021. Recommendation January 26, 2017 - special use permit was presented under a duly-noticed public hearing before the Planning Commission. Commission heard many comments from neighboring residents, some of whom voiced concerns of increased bus traffic, noise, children’s safety, and “truant” or unruly children wandering the neighborhood. Planning Commission [unanimously] adopted PC Resolution No. 2017-02, which recommends the City Council approve Planning Application No. 2017-002, a Special Use Permit to operate a public charter school use within the existing Cross of Glory Lutheran Church, located at 5929 Brooklyn Boulevard (subject to conditions) Recommend the City Council adopt the Resolution regarding the disposition of Planning Commission Application No. 2017-002 submitted by Big Picture Twin Cities and Cross of Glory Lutheran Church requesting approval of a Special Use Permit for new public charter school offering a regular course of study accredited by the Minnesota Department of Education, for the property located at 5929 Brooklyn Boulevard. BPTC - SUP Conditions 1)The special use permit is granted to Big Picture Twin Cities (BPTC) to operate a new public charter school for grades 6-8 only, and within the existing Cross of Glory Lutheran Church facility located at 5929 Brooklyn Boulevard. 2) BPTC is allowed to have up to 80 students at first, with no more than 150 students by Year 2021- 20122. Any expansion of students greater than five percent (5%) of the 150 students will require submittal of Special Use Permit Amendment. 3)Any future expansion of classrooms or leasable space inside the church that exceed a five percent (5%) threshold of what is currently illustrated on the plans submitted under Application No. 2017- 002, must be approved under separate Special Use Permit Amendment. 4)All access for the school use will utilize Brooklyn Boulevard only. All bus and/or parent drop- off/pick-up will occur inside the church/school parking lot and near the main front door entrance to the facility only. All bus and personal vehicles must enter and egress from Brooklyn Boulevard access points only. No side-door/back-door entrances for staff or visitors will be allowed along Admiral Lane or Ewing Avenue roadways. 5)All parking associated with this charter school use shall be on-site and on improved surfaces only. On-street parking within the adjacent residential street systems will not be allowed for staff, parents or visitors, and BPTC will be expected to monitor all parking; and promptly address any complaints should they become known to the City. 6)Any new signage for the new school or modifications to any existing church signage must meet those standards found under City Code Chapter 34 – Signs. 7) Any and all new building improvements and life-safety improvements necessary to accommodate the new school use inside the existing church facility, must be reviewed and approved by the City Building Official and Fire Chief. 8) Any new, outside trash disposal facilities or new mechanical equipment shall be appropriately screened from view. 9) This Special Use Permit may not be altered or expanded in any way not comprehended by this application without first securing an amendment to the special use permit. 10) The special use permit is subject to applicable codes, ordinance and regulations. Any violation thereof may be grounds for revocation. Oty Cuinll Agenda I{tm N©0 hi #1 COUNCIL ITEM MEMORANDUM DATE: February 13, 2017 TO: Curt Boganey, City Mana FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 2806 65th 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 2806 65th Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family dwelling. The previous rental license was a Type II Rental License. This property qualifies for a Type IV Rental License based on ten (10) property code violations found during the initial rental license inspection and zero (0) validated police nuisance incidents for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 06-24-2016 The Owner, A-Jelil Abdella, applied for renewal of the rental dwelling license for 2806 65thi Ave N, a single family dwelling. 08-31-2016 The previous rental license expired. 11-23-2016 An initial rental license inspection was conducted. 10 property code violations were cited, see attached rental criteria. 12-09-2016 A second rental inspection was conducted and passed. 01-05-2017 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 1'iis!on: Ensuring an attractive, clean, safe, inclusive conununitv that enhances the quality of lfe for vii people and preserves the public trust Ei1IJ[iJ I UI U ak'A LA I (I) 1I UIJhYA I 01-05-2017 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. 01-31-2017 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. 02-03-2017 A Mitigation Plan was submitted. 02-03-2017 The Mitigation Plan was finalized. 02-06-2017 A letter was sent to the owner notifying that the hearing before the Council will be held February 13, 2017. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will iJisc!on: Encnring (I /I attractive, ck(ifl, safe, inclusive contimiultv that enhances the quality oJlte for all people and preserves the public trust [EI1JJ[iJ fl N I U I alk'A [I] 1IflI1k I consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 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. iIiss!o,,: Ensuring an a/jewel/va, clean, suf, inclusive conununiiv that enhances the quality oJlif for tell people aced preserves the public least I1SJh(iJ I I I kY4 U'A I IhYA [I) 1I I1SJII Rental License Category Criteria Policy - Adopted by City Council 03-08-10 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. 111!ssion: Ensuring 1111 u(tlucEi1'e eIeuii sift, indush'e conunuiut.V III(/ enhances the quality of life f'or till people and preserves the public trust [E$1IJ[iJ I U I V MA I'A I Dk"A [I) 1WI 1iJk'1 Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I 3 Year 1-2 units 0-1 3+ units 0-0.75 Type 11-2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 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 5or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than I 5 or more units Greater than 0.50 Mission: Ensuring on attractive, clean, safe, inclusive conununi/v that enhances the quality of//fl' for all people and preserves the public trust [ii1Si[1 I fl U I *1 UhYA I K!A (I] 1I UJ'i1 Budget Issues: There are no budget issues to consider. Strategic Priorities: Enhanced Community Image Attachment - Mitigation Plan IW!ssioii: Ensiti/Jig an attractive, clean, safe, inclusive COInIIUIFJIIV that enhances the quality ojIti far all people and preserves the public trust P'opcity Addiss N Owneis Name(s). AJ A -riia Ow:er's Address, 137 Ccorg An N )yi1 tr 5t45 Owners Phone (T)Aie (s Ei naii (1 ri1( c'n Current F xpuatton OIIC ic Local Agent(,,): Agent s Address Agents Phone, Agents Email Pending Fpon Date 22517 'mr; c r1i Based on propony conditons rind/or vohdatod police nuisance incidents, the above referenced property uriuifes for a Type IV6 Month Rental tIcense Ptior to applicaton approval by the City Counod a fully completed Mihgation Plan must be completed and approved by City staff. A Mitigation Plan must be completed immediately in order to ensure timely completon of the Icense application process The Mitigation Plan should indicate the steps being taken to correct identified violations and the measures that will be taken to ensure ongoing compliance with City Ordinances and applicable code A Milation Plan allows the owner and the City to review concerns and identify possible solutions to improve overall condtions of the propmty. If the Mitgabon Plan is not submitted, and all items are not completed within the pending license lerod, or the above property operates beyond the hconse exprauion date enforcement actions such as citation, formal complaint, oi to;erse roviev n'iay rosult Before submitting, fill-out Sections A, B, and C located on panes 2, 3 4 and 5 1:'.: 1 )'Y-pce fv I.'it )?'u 4.14 City of }rooklyn Com —Bii1l(ling and Co niurtL1y Siddr. tpinwnl ru I;iuiu wq r 1 ir Ii Iiii rrur LIN I I is I \ ui TI 11 I ii BUILDING AND CWTT1UNiTY STANDARDS BROOKU Ave N, 54,3 0 Rental UOeJThSC MitijaUonCENTER City Df Type IV License SetlOfl5 A--Crime. Free Hous ing Pro grrn equframerits i Us a ½riLlan ast orriUnt. Th tea aroomrnt hafl rnclude th Cdrne Free ,LX Huirig Leai AdderWum. A copy of lo agrmE'nt and Crime Free Housing Lease Addendum must he attached to the Mitigation Plan when submlttL j 2) fiee to pursue the terrnirtlO or Iéaa arRtT1C nt or eviction of teriaits who viol-ate Iho to rms of loao or any addondum& Eli ) Curidc1 crirriirwl bickqmUi'id chock for all nuw prepcivu lananf, If d a curreni tenant a new background chec'k is not required. Must be able to priid documontallOri te City if requested 4) Attend a City approved &hL-hoLirCrim Fiaa Housinq1raifliri curse Information for appruvod ceuise can be found atwww.mncpa.iiet udortIio T iti nç )d.Vrs tab. A .coy of tho Cthe F'oe Housing Certificato must be attached to the Mitigation Pan when sibniitted Crime Free. HouI5nq 11rai ni ,,1.9 wa completed en.is sdiedifledfor 7 Owner or agent attende d/i planning to attend trairng at city of: cJT1 fi) $uhmd Monhly Update by 1h I 0 1h day nih m-anlh, II J 1) Compteto a Sunt Assessment and implement ImprovoIfl(fflts rcquUti-LJ by [h Brooklyn Center Police Depa flnt To schedule an initial or fo1Iowup Security Assessnient4 call (763) 5B-3344. A follwup asessnient must be completed before the license expiration date to ¼'odfy tho ncun1y lnlpw1'ernenls have been irrplementrL If a security esmnt h been preiouly complated, write the ccmpletion date. Socurty Assossrnolit was completed antis schadutd for Security Aessfl1eitf011eWUPV/35 completed Aschodulod(o4 2/17/2017 KM Continue Serflons A, Phase III on page P Le 10 4H/ fl. -4-T4-1 S Ph3se I City ef toktyi Ctate— tk1tnj and.CanirAunity Mand.R, Ms Die IMMIlent 'ii SIir.ji Ciek , Eo I7I Ctrdt, MN 5E430-2155 p P>i 17i3i 5620 1 TTI 711 1 Fi: il UIThLDrNG AND COMMUNrrY STANDARDS'City of BROOKLYN 2410 I 6E4h Pm N. CENTER Brook'n Center, MN 1•30 Rental Linse M1tgation Plan Typo IV License SctEon A—Crime Free Housing Pro gram Rjfrements (cthid) Pha JH E1 1) Owner or agent will gttend atn'thnmm 50% (2) of the A.R. meetings, The AR. Mklt ,atihgrz must he completed with Jr Ole rental 1icete pthd and before the pending Type IV Lkie eplatin dath Regis[ rk]n b5 rot requited, howe'ier you must lriri during the. meeting. Write two meeltng dates an owner or plan to attend. Owner or agaml will altEmd A,M, meelins ahedud 11/10/17 KM 1/12/17 KM E1 2) Have no repeal oodo vlôl1uns pre'iiouly documented wth the past year. The following actiers re required for propertlos with four (4) or more units. 1) Conduct resident trainin.9 armuollyiJiat ncludes crinio prvention techniques. LI 2) conduct reguFar relderi1 retkLys. 7*.PFQ fV RIa 93Ici 'u 4--5 Cy Of BrOOMYft Gc-ni,-r—AW1dJn!j 4 CLi ndrd Tep1 t'ti4 w 3i Shiny Crk Prk rckIi CnLr, MINi 5543-2i I Por: ?3) I flY: 711 1 Fax: ?&fl E7 BTJILDINC AND C OMMtJNITY STANDARD SMP City of BROOFLYN 2806 h 1W N.L TER JruNyn Coiter, MN 55-130, RontI Ll-cense Mtigtion PlatiCENType tV License Scions u—Long Term Cip1eI IMPrOVOMat Plan Based on condir 8 nd age, eslimated rep laoemerit dates need to be prov1ed for commn cap itl Funding thoiIrJ be toriidered cordinIy fteqylit thatre broken, worm, orotherwse in violwi-nn prior to 1heestirnated iepIomen data need to be replaced oone AN iterns muse havo a date for ESd RepI&cementDo. aes si.ih a: unur',"don't know", or "when broken wm not be aepted, f you are unsuic of when art iten will ieed 4o be replaced, u on riiake a pfed0on bed on the ago, appearance, ronditon, os manufaotureindus1f' reornrnendatons. Additional information on Expect-ed Uefot Life can bfdund atwvw.hudgov, ftorri Data Last Repliaved Example WaiH(er May 2010 Furnace Jiir'it 2CO-5 Hower June 2Ua Kitchen Appliances Laundry Appliances P1ariti 21J16 Smoke Ala rmnst Cabn Monoxide Alarms OciaberOl Efe nor [terms Paint S-'J rig May, 2015 Window Augusi 2f:' Roof May 2 Fence Stied Garage Drie¼ay SideA'alks Other;.____________ CririjIjn AteiThn:Good=GN-ed FIancnL=R Condition, Expected Poplacement Data F My2O2O G June 2024 Jicnci 2024 G Jun e 2O3O N June 2030 N Jun' 2024 N Jiinn 2030 June 20.3'l June 2030 Jui21j24 G Jirjr 2030 a Pii TyISMkafirm P!aq. no 4U5 Cttyt Y klytt cr1thcj ti1ulfty Standard5.Depailfrteaf 6301 Shink Cck Plrk43, 5rc'*'i C&iLr, MN 54.2ri I Fre: 1?63) E323/j I TTY: 711 f rx:(7O) BUILDING AND COMMUNITY STANDAPJDSCity Of BROOKLYN I 20 f5j !we N. ENTER BrIyn Cent, MN 5430 I Rertar Lkne Mitigaltion Plaij Type tV Lko Stkri C—Steps to Improve Mn emnnd C-OniorWalls óFPrepery The items in t1lis section have baen ptDven to assistwi1h property nianaqernant and property image, Tho 11"Oflowing actions am EZf 1) Chck-in wfth toi rth ery -(fay Lj 2)Div by property o e.hck ror osible Olido violations, bo 3) Evi1 tennts in violation of ffie, lease or any E1 4) Remain current on all utility fees, taxes, assessments, firios, pnties, and all ie: ciaIrnipayriments d un to Ihe CityEJ 5 The followhng a0flons are optional un!as reulrd by the City. [J 1) Provide lawn/snow ci 2) Provide grbe 3)install Provide mintenanre service plan for appliances, Nare at service company: ci Irthe Type IV-6 Month n&Lcense is appv by thia City Council, the Uene rriuetoomy Willi the approved Mi1tgVon Plan and all appkb1e Ct Cod, A written repQt must b btd by the day of each month with an update of actions. being takri by the owror ndTcr agent tci, compty with this Mitatri Pan. A oopy of the Monthly Update can o (iind on page 7. A tillable form can bo found on the CI1yswb$ie etwiwcilyufhrooklyncen1hr or call (763 569.3330 to have an electronic copy sent to you via email, Plaase attach additional InfDrimation it rssry, JR-JO I&V TJ? ?VPCF ri Jror Piar FeLIV. J4445 MW Of BrOfoklYri Cn —!tjIth nd CDmu1ny aiithtd Ip.rtniti 6YJ1 h!ri Cr'ik PY}1 Bftuklyn Cantor, MN 553r-219 I Phir: 1 TTY: 711 1 F a x713}5-32O ____ IW ING ANDILID COMMUTY STANDARDS 206 G51h Alin CENTE Rental Lih 1 71 Type JV Lris S1i .nd Vorify I vorfy th all in1<rrnat pmvidcI is true End £Urto. I tend that If I do fbi cornpl with thepprcivd MiLgatioii -'Ian cimpy widi 1I kerns Within the Jiceri period, oi' bperatu beyond fheIIjn epfriion date. nforementicljnn seth ciIBiins ftniJ conithinj rv3ewmay t-uL A ,JFLIL AEorLLA, DVLHE 9cr C1i'1f i7n .9C) :rdk OFJ ma ma ma /J.!i' LI WICT orA l(Ntfl1? fjr T 1.3 (fApp jg.i Pm 'j F't) Addxir Oprcv 5 y fit 1114 --TIA-4 1 L City S&t! Qny k Lr. •?/---_ a 1 ctwri '? 1 ;, / 1Jta M r,LJP1, R. 4-145 '11 of Diot1r C1—Bi]d[i arid nin-iiiniy St d1i 31 517171h rk P'ki. Di cI:lin cr, W4 65430-2 1 LKI Phca I fl?: 711 F& (1j &ia City C©u©il Agenda It©m N©0 lli #2 COUNCIL ITEM MEMORANDUM DATE: February 13, 2017 TO: Curt Boganey, City Manager FROM: Sharon Iutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 3306 65' 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 3306 65th Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family dwelling. The previous rental license was a Type I Rental License. This property qualifies for a Type IV Rental License based on twenty (20) property code violations found during the initial rental license inspection and zero (0) validated police nuisance incidents for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 10-21-2016 The Owner, Yahya Yusuf Osman, applied for renewal of the rental dwelling license for 3306 65thi Ave N, a single family dwelling. 10-28-2016 An initial rental license inspection was conducted. 20 property code violations were cited, see attached rental criteria. 11-23-2016 A second rental inspection was conducted and failed. A $100 reinspection fee was charged to the property. 12-15-2016 A third inspection was conducted and corrections completed; however, the $100 reinspection fee remains. 12-27-2016 The $100 reinspection fee was paid and rental license passed. 1'Jiss!oir: Ensuring an attractive, clean, suft', inclusive community that enhances the quality of life jol a II people aiulpresen'es the public (must I1II[.J I fl I I *74 U I *74(1] 1'WI OJJk.'4I 01-05-2017 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 01-05-2017 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. 01-29-2017 A Mitigation Plan was submitted. 01-29-2017 The Mitigation Plan was finalized. 01-31-2017 The previous rental license expired. 02-03-2017 A letter was sent to the owner notifying that the hearing before the Council will be held February 13, 2017. If approved, after six months, a new rental license is required. The license process will begin within 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 ,Uission: Ensuring an attractive, clean, safi!, inclusive com;uuullv that en/entices the quality a,! life for ce/I people and preserves the public trust EI1IJSJ I U I Mh'A I'A I ik'A 0) 1I 1IJ I seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 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, safi', inclusive cominunily that enhances the qualify/lte for all people and preserves (lee public (east IiII1IJ[i1 I•II M'4 U I D1'A [I] 'I P1II I Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service, 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. J1fiSsiOii Ensuring an attractive, clean, safe, inclusive community that enhances the quality oJlfe Joe all people and preserves the public trust kI1IJ(SJ fl I I UYA B k'A (0) 1I WJA1 Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type 1 -3 Year 1-2 units 0-1 -3+ units 0-0.75 Type II —2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51 8B .01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). 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 030 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 attrucIh!, clean, sqf, inclusive Community that elm Jmuiicas the quality of h,ft' for all people and preserves (lie public (must IEI1lJ[i I R I I M4 Ih'A I 3174] UI I]JLA I Budget Issues: There are no budget issues to consider. Strategic Priorities: Enhanced Community Image Attachment - Mitigation Plan 4Jiss!on: En.c,i iixig iii! (Lltr(lCtiPe, clean, safe. inclusive coininuiut that enhances the quality of liji' /oi al/people aizd preserves the public (lust Property Address: 3308 861h Av N. rciühIyn Cen1r, UN S542 Otnèrs Na rne{s): R.3m Ornr& Yhy €rmri Owners Address: 408 122?ld Av' NE Blaine, VN 5!i42i Owner's Phone; (703) 616-8010 Ownfs Ernall , oram a(hotrn1iI xrn Current Expiration e; i11 2 Locet Aeiits) Agent's Address; Ager' Plmn: Agent's Erriall: Pending Expiration Date ,I•Ji 7(Six 1110016 [1 on propity condiliens arid/ai validated police nuisance incidents, the above referenced property qualifies for a Type IV-6 Monlh Rental License. Friar to epptictiii approval by the City Council 9 fully completed I'Miptiori Plan rriusl be compleerJ and approved by City staff. A Mltlgaion Plan rnut be completed imtnediately in order to ensure tiniely completion of the license application process. The 10itigatiork. Plan sboold hid lcae the steps being taken to correct Identified iijolations and Ihe rrieasures that will be taken to ensure ongoing compliance with City Ordinances and applicable codes. A Mitigation Plan altows the owner and the City to revew e1715 Ond identify possible solulions to improve cverll con dhins of the property. If the Mitlgaian Pari is not subrnllled, and alliterris are not.completed within [he pending license period or the above property operates beyond the license .epiration date, enforcement sctions such a ditatiOrk, fornial mpl&nl, or Ucense rew may result, Before subrriiWng fill-out Sections A B, and C located ri pages Z 3. 4. and 5, Tym iVR.iJ LicNl Miiirñxi Rev. '44-l5 Cily o xo.kLyl 1ei—uIdLn arid Cmniwty adat DapT11 &)tI Shink Cr;-. Piky, D di1 Cerileil, MJ 5543021e I PIr:75) 55-5350 1 TTY,' 711 1 rag: (763) V--q-3H`4 Phase yj 1) Ue rtLn lease rerioiit, The le-as-2 agreement shall include the Cdme Free Hou51n Lae Addendum. A.oy of tholease agreement and Crime Free -otsng Leae Addendum must be attach to the Mpt.1clation Plan whr submitted. ) Agree to pursue the terminUOfl or jease reenent or evilitri of tenants who violate the terms of the lease or any addendum jj3) Conductcriminal baokriJfld cle.c for all now prcipeoUve tonarits It it Is a cur&nt ternta new round ceciclOReqWred. Must be able, to provide docurneriLatioll to City if requested. EI 4) Attend a City approved eqh FiourCnmtrainingro Housing Information for .pproed courses can be frnmdt vrw.imncpanl utdor the TreXri rtd EverS tab. A copy of the Crini e Free H CtficatrflUst be attached tothe1itattOil Plan when tubmittod. Crm Free Housing traflinlng was completed onñs scheduled for: °1 L at city 0 1--ire agent alndOdIS pannin to attend trnn 5) Submit Monthly Update by the 1Q day of each month, Phso Ii 1j i) Complete a SGciirlty A sesment and 'Umplaivient improvements requested by the Brooklyn CeRter Ptice DepaiirnerL To scheduleor' lnU.iat or follow-up security Asmant, call ç73)56,93344 AfoUowup a rnontrnust be completed before the Linse expratiQn date to verify the security improvements have b-oan frnplemented If a Security Assssmoflt has beert prevou sly cornplotadi write the completion OaLa,. Security Assessnientwas canipfeted onis scheduled for: Security Assessment fQtIIW-UP was completed on/is shedu led for: Continuo Setirs A Phase 11 on page 3. P2?i 4-t4-1 CIt'J c, rQ1yn c1—idcuing iti1 flILflILy S tdid PpaxtriLi mJO1 5hrClCre.c Pry 0 i cT Cr MN 551 3O21 P1r: (6) 3-3l2O I trY. 711 I (7&3) -E Ph4 lii 1) Owner or aoflwit t1ond L minimum 50% (2 of the ARM. netIrs, Th kRM rnootns must be completed within the rental ilccne peiod and bafora , the pandino Typb IV L pLraliôr dat, R?gi*trion 1S not required IioweveryoL mu gniri dwini the meeting. Write two meeting dates an owner or agent pan to attend, Qiriç or rt wiU 11end AR.M. mls hècJuIed TRf 17 ) I1av no e,p tood V t1riprietJsIyd nrtte1 with (he past year. The following actions are required for properties with tour (4) or more units, 1)Conduct tr-aining a inn ually thal Indadeserirn rvr-ion je ,hnique 2)Condiec reuic ro&derit meetings. Pao 1 Type IV iii PLII i City fBruci1c1yn C rtildixigd C*xnrn1fltiy iithr Diparxniit ww.crrIynccnrA Of ShirijIrk jrkwiy rohiyn Crr Mh 441 I Phri; 7) ] trY: 711 1 F: 0631 559 3 IlUnMINQ AND COMMUNITY STANDARDSCity ruuH1iCrirMN 5E42Q Rental Lkmse MltIgtfti PlanCENTERType IV LEcense Sections BLong Term cap/la! Irnprovernet Pl a n Based on condifion and age, estimated reprac.omnt daea ted Ity be, provided for common capital Items. Furdln hould be c iidered accordin1y, Iterns that are broken, worn, or other'iiie in violation prior to the eati nated replacament date need to be replaced sooner. All llama mtiat have a date for EsJmat'od Re.p?acmt Da,o. Dates uh"unsure don't know", or"when broker WID not be accepted, If you are unsure of when an ibmvyill need to be replaced, you can make a prediction b idn the ago, apponaranve, condition, ormanufactur&industr recornrnendation. Additional information on Expected UaofilLle can be found gtwwwhudgo'i. ftcm Date Last Replaco4 Conditioif Expacted lce1iohL Oate Earnpi'e: Water t-i'eaer May 2010 May 2020 Furnace 192 G NCj'&flbt 2037 Water Heater UUS G 225 Ktcheh Apphia nues 2010 -Lcrri 2025 Laundry Appliances .2005 6 Juno 2020 Smoke Alarrn& Carbon Monoxide Alarms bobe G Odchr 2021 Ex t erior Item s Pair1JSidlng 2010 Mndows ,.2037 Roof 2007 G 2027 Fence 2000 Q 2020 Shed Garage Driveway July 2005 July 2U3 Sidewalks Other: ccntIon Gcd=i Fsir=F rci ent=f F12 4tl Ty N ?'t') Lkn kvi Pc' R' City of XtroWilyn Center-43ull&Lng 811.d. MLtIty Standards Dirrnnt ww.1brocII1c8rMr1 501 5ffllek Pi:.ciy, 3kIynCr2r, MM 3-21C' I Pkir ') 5-330 TTY:711 F:(1EP) E'3E'5E'D fl Ghck-lri with tenants every 30-daya. j 2.) Drive by prQperty to check for sib1e ce& Violatrons, 3)Evict tanants in violalion of ffiri I5e or any adderidurns. 4)Rernain Current in all uti1it' foos, Wes, assessments, fines, it, and olhr (i.nncial cairnIpyments due to 1h Chy, Other: - The FollaNving action are optional urile rqrf red by the City.LI I) Pride Iwn/s•riowervice, 2) Node garbage [] 3) Install security om LIJ ii Provide rnainLennct- service plan foi appliances, Nare of 5ervice company; 5) Otlie If the Type IV MorUh Rental Liceno is approved by the Oily 1 -,,ourci1, the lice ne must comply with the approd MilIgtion Pian and all apPicab1e City Codes. Awrltti report tnusbe submkted by the 10th day of each month With an update of ntlons being 1kn by the owrie-anWoragcmttôornpywth this Mttigation Plan A copy of the Merfhiy Update can betound on page 7 Afibleform ca bo iQund on the City's website nt 'nuw it'obreeklytceterorg or fall7) :5693330 to have an eIeci-onh. copy 5erit to you via cimal. P!ae attach. additional hifrrnat1on If necessary. p 5 Typi n Pi, Re g. 44 4- Cxy of Biyi c etitEr—Buil4ing anj Crririmriiiy tndr flp.1rnt mvmx1I1oftr ictnkz o 33i ahine Creek PrIy, HrooklM Ccitr, Mt4 4'J-2ia I Phn- I Try: 711 I Fix (-.33O BUILDThG AND COMMU'J1T7 STANDARD S JZf#City tIROOILYN J Ranitall LIG a nso MI ItJor Pl a nCENTER -- Type lv Lcense lIgn and Verify va t iFy al l ircrnijio'q prcivied 15 irue and occuT al o, I unr.Iard that if I do noo, comply with the ptod M1ior' P1n. rnpIy with alI items wiUiin Ihe bcr pd. or operate beyond the lu riso exp ir aLi ok n date., ofl ,Iorcerrzenit actions auth as ci1ai1cirs, fariii1 corripl a in1s,,orIicense revw ma y resul t Rirnr C.Irna r ner urA prif'Na mv orJ Tite fPfcass Priij - •_1 . A g r fl iIFmq,,vw T Adtca tF! 4ji) Dwo (• / —1 7 -'L'k'e PrF -- / ?t4c 44) 79( 1(VJ(h/ srsreAfoo / Dr F4-U-5 CiBrly C cUt c!Ccimtnuiy dItntd Th14Wi E11 CJI P a^-^kvay £rcIr -O) L 1T 711 I Fay 47.0 -' City C©iuill Aglld1 ilfrrn N©0 Ma #3 COUNCIL ITEM MEMORANDUM DATE: February 13, 2017 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 6718 Colfax 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 6718 Colfax Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family dwelling. The previous rental license was a Type II Rental License. This property qualifies for a Type IV Rental License based on 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 Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 10-13-2016 The Owner, RHA 3, LLC, applied for renewal of the rental dwelling license for 6718 Colfax Ave N, a single family dwelling. 11-16-2016 An initial rental license inspection was conducted. 15 property code violations were cited, see attached rental criteria. 12-20-2016 A second rental inspection was conducted and rental license passed. 01-05-2017 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 01-05-2017 A letter was sent to the owner(s) notifying of qualification for Type TV 6-Month Provisional Rental License, including additional requirements to obtain a rental .4Jissioii: EflSUJiflg (Ill (;ll,(lctil'e, clean, suf', inclusive conununhty that en/lances the quality of kt' for all people (fIfdJiIL!SL'ICeS the public (lust [S1IHI[J I fl I I M'A VA I (I] 1IhI 1IJh'A I license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 01-11-2017 A Mitigation Plan was submitted. 01-29-2017 The Mitigation Plan was finalized. 01-31-2017 The previous rental license expired. 02-03-2017 A letter was sent to the owner notifying that the hearing before the Council will be held February 13, 2017. If approved, after six months, a new rental license is required. The license process will begin within 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, sufe, inclusive cOnhiflUflhtV that e11l1(FJlceS the quality of life for all people and preserves the public trust LOW si 1,11101 u aw u u ai 0] wi asJA I consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Mission: Iiciiriiig (III atti'acth'e, clean, snf inclusive comnuin liv that enhances the quality ojll/e for all people and preserves the public trust [II1ULIJ I fl I I *'A L'A I S] 1iI WJIYA I Rental License Category Criteria Policy - Adopted by City Council 0308-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. 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 alt attructhe, clean, safe, inclusive commit ally 111(11 enhances the quality of lfe am all people and preserves the public trust flhJ[J I U V ML"A I'A I DM (I) 1I UhJ'A I Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I -3 Year 1-2 units 0-1 3+ units 0-0.75 Type II -2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 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 on altractive, clean safe, inclusive cOnnfluflhtV that en/IWICL's the quality of 11/ ! for all people and preserves the public trust [IS1iJ(i1 I fl II k'4 U I DIkYA ci) 1AI flhJ I Budget Issues: There are no budget issues to consider. Strategic Priorities: Enhanced Community Image Attachment - Mitigation Plan iIitoii Ensuring an attractive, clean, saf', inclusive coninluility that eIiIlaJict'S the quality (JJIIjL' far all people and preserves the public tins! - WLDMG AND COMIVIIftUTY STANDARDS ROKN Uen Mitigation Plan CENTER Typa IV LI cc rise Handwritten tiatTn Fans w!11 aiot ibn Pd A {iHablE ftnn can he IDUnU an The Ciy hsit t w rnwityb1boklymCriter.or or call (7i33) $-2.Q to have an etdünit snt to You vie erniL P:opoity Add res: 7i2, Coffex AveN Qnr Narne: \i u 13, Oner's Addr 161I CirLy 1E1 13 W 1D1 Ro-le i PH, Z,5113 Owner's Phone! Thj -38D Owner's ErnU CurentEpirtin Ote: Lout Agent(s), LLC Ag.rint's Addres 1611 Ctirfly Rd Tj Wl 4 104 N, Ei ra 11 Agent's Phü O) Agent's Email; Poridinf ExpIraian Date: 1 J .Si rrin1Ii f.im cu'ri1 pl) Based ci propoty conditions and/or val dated police nuisance in'cIderts the above referncod properly qua1I1io bce Type IV-6 Month ReiitalLicense Prior to application approval by the City CauricAI a fully comploted MQalion Plan rnuzt be completed arid aKircived by City staff. A Mitiqadn Plan nut be conipleled immediately in cider to ensure timely oomplaEon of the Iconse epplicaten proces. The Mgation' Plan shouid iidicte the steps being taken to correct Identified viglaLib(IS, arid the measuc&s that w11l be taken to ensure ongoing con'piiance with City Ordinance's arid epplicabtu cOc1. AMiifriaLiofl Plan allows the owns, and the CIly to review concerns and Identify poihlE EibluLibhs to rnprve ovell Goadiiians of the prapety, ir the Mitiaeri Plan i n1 submilted, and All ijems era not ccrnpted v1hln the ponding licariae ported, or the ebe'e property operates eyc'nd the icensa expiFntion date, enfercumon' actien aich as dtsikin, brnaiconiplaint, or license review may ieult, BacrE submiffing, fl1lout SOCtIO ns A, B and C located on paes 2, 3, 4, and 1hiCc9 F'I, 1. 4-5 City of Btcktt uLtding n.d mmuni{y Stardards. D,trtui± eo alicre& Prv.'Ry arirAdn Cnntr, 5iO21 I Fhn?'3I) .S3J TTV: fll I Fax: Li) MY)-OC'i BWLDENG AND COMMTJNUY STANDARDS iLy of '6T1 CQI! A -BROOKL1YN Rental License Mitigation PLrm Typi IV Litnse $eiQn:s A—CrIme Fra HowSyrt -Y Fojrim ROqUirOMWIts Phase [ i} Ue a ritier lease qremerL. The ae reritart thall Idijd the Crilme Free Housing Lease Addendum A copy f the lease areament n(I Crime Free Housk'ij Leee Addendum tinusl tie attached to the itiatkir Plan when 5. UbmItte-d [] 2) Agree io,piorstje The Termiretun or lease a greameni mr etion of tena nis wo viota ie the terms of the lease or any adderdums [] ) Conduct cdmi'ial background check for all new prospecifve tenants If it Is a current Ueriar\t a rtaw backrourid check is not required :MLI.st be able to pro'Ide docirrnenteUün to Cy if requated. ii) Attend a Oily apptoied hthoucCrlrne Free HousIng training oourso lnferatioh for pprved ur n be found at wwrncp3no1 under the Tmk?k? and Ecr tab. A copy of the Cre Free Housing Certificate niust be Ithchd to 9112 Mifiaion /PIfl wher1)mIt1ed. Crime Frpea Hou fdrLig LrairIrg was oopietod onla acheduIei for: / Dwnr a. 9!3.E-: nl ELIendedJ plannmi to ationd 1riilni ly D St R3UI 5) Subniit Monthly Update by ibla 1&t day o( Ourh rnonlh Fha U-/tZ1 I) Complete Security Ar,5ewmant a n d frflpl?rnent irflpravements req ueted by the Brooyn Ceriler Police PepwtmnL i'b thdul ari initial br (allow-up SacuTity Asessmant call (763) 5&93344 A foIlew4ip assessment must be compietod bof oro the 11ca nse explfatio n date to verify the &ecuniy ,mProvenlents have bean InipIemen1ed If a Security Assessment has b.een pr rkJsty conipleted wrile the cocnpklIon da to. ecurlLy Agsa-s-si-nont vins completed c'rJie scheduled or v17I7 Secirlly A rnenticilow-up was complo1ed on! Is schadulsd for: 104?17 Ceithmo Sections A. Phase UI on paje & P 2/a Typo It' Raplaf k'W 4-4-1 Cy ad Corn irnELy4 riu DpuxirnnL WrJuS1r.L!rrre 6301 1,11inyo t)v.d; Prwiy, CtcJr, Center, FIN E42'-215 1 Pttc:VE31 I Tfl': 71 I ft' €C9 BUILDING AND COMMUNITY STANDIARDsCity of }3ROOKLYN ccpir, M, rta Llcnse I I tkti PlanCENTER TpU IV Lirero SatIons A—Cn'nic Freo HouIg Progrr Rq1mmar (n (frw) PJise HI I) Ownr or agerthvilf atte.nd t ni.nThurri 53% (2) of th& ARM mtncj. The ARM. - rntinçs niut be ccmpIete within the ren1 Ilcno priDd rd before the ridingTypc IV Lkene&expraton de, ra1 raquEred, liwevoryu: rrut aiqrt-in durinq the meeting Vdto iva rri-eting, dates an awn e ir gert plci 11tr tlorid. IH.Owner or ijent vlll attond A.R.M r-.,e-linqs 5c}-Uuk 1i2fi. 3 1T 2) Have riG rep&at coda vioitie'r previOu5IydocucnOn1J iulh the pozi The ftIIowir ttons are required for propar1l with Mr(4) or mo Li ii Conduct mseidwril tr.Aninq-annijally th1 ImIu&m crime prenIorLE] 2) COndUCL juLr resiciertppeejia!1a. 36 Type WPrvij J:'1t ç'.c;i m, 4J4-i.5 City af !iiaictyn1 —iib1i i ILi CmrnunEty £tzndati rurt LY11 ShivCle Cruel Pira okjn Cenlu, MN 5 ,51,21 0 -21 G9 1 r+-inr (fliJ) 5-63 I I I I76-r '1i9 B UILDING ND COMMiUflSTAN1APDS T]WRO OKLYN rjrFi License MIt alion -Pl a nNTER I 7yp iv Lic e ll Scctio t3—Loig Terra C a pital Jrnprcv erf Based oa ooicJIiiori a nd e, elimted repacmorit dates need 10 be provid8d for c o mmon cpi1ai I tems, Fund Ing should be considered aco ordinj y . Rtrrs thet&e broken, worn, or ohi In violLkn prlot to hn etirneied replacerciorut di1 nd in be repkcad Udrir, A11 items must ha ve a date for Efrmied ep?ccmo Dam. Dat es s uch a s , ui4ir t , ori'i kn -' or "wh en broken" will in be accopetL If ycu Are unjre of when a ii hem will ieed to bo roplaced , you ca n prodktion based on the ago, appearance, condition, or m an rnmeuflions. Additional Infcurmtlori on Expected U&fül Life n be found a tw1w1.hud 9OV Item Data Last R.placod Ver HeWar Me/ 3j'i' Furn a ce Water Filar 1!1i5 KlltheiT Appllans S0 1 h Ap pl i a m;es NA niOk AIamii Carbon MorioxideAlniis Externr I IRM s Fin&Sidrig Windows 71 2iO Roof 7/ii2JiO Fenco WA * Shod F1 clarage 1141 11(6? D nyc way 712KJO Side''alk 711 221 13 Coruk'i AJibrEviEliol&: NeN Ccrnd1ian' Exprictsd Replac ernoot bate May 20206 i]1.?24 Ei €u'1 Q 2 - G 1.17 o El 7ij'21]2D o E1 f'^c3a r Fl 7JIL!033 G Fl 711t2025 t EJ 71112025 GoodG Nds p4ac'rnent= p]f Tt 1 fkwlri4 1-?mre, 1?. 4- 4-5 Oily of R mc;ldyn and C a mmu rd l y rfrriit 01 hi-n Crc1 P o rk-way , erohn MI-"'5Ceitc,,13-2tErJ Pr; 655-2a 1V; 711 1 F' 7€J BUILDING AND COMMUNITY STANDARD City of ib ColfaxAN ENTM I Rental Uc..orr Mitigation Type IV LIeerie S actions c—Sep. to Improve Ment rnc1 c6n ditfojT5 IP, !Proporty Th.a iterm ir this 5etior4 have been po'ven to assistvvilh properly managerneritand p.erty imego. The kilawirig actions are required: 1)Ciiec-In iih tnant avery 3Ci-dy. jJ 2) DrIve by pc.per1y to rbeck for poibIe cx1e viola L:c,nr. J 3) Evict te n .:I ;rits in violticin of the lea or any addandlimr,, 8) Renin currenton all ulilltyfoae, taxes, a asment, ines, iena11Ie, and olhew financ1eI clairnslpavniimts duo to the City. j 5) Oilier: The fallowlnR atins are optlna1 tinless required by the City. ii .Pivide iaiiianow servire.. 2)Pwffla ibe aerce LII inta seurily 4) Prcide niaineran.ce service plan far ppie Name of ice cornpJny: ) Other Annual If it ipe iv-6 ranth Renial Line js approved by the CltV Ciinci3, the licensee nuet comply wilh the approved Mitigation Pan nnd all ppIible City Codes. A written report must be cii brn1ted by the i thy ofeech month with an vpdale of actianc bdiig taken by the owner and?or agert to comply with this MAI- atbn Plan, A copy of the Monthly Lpata car -, he found on page 7. A liflabie fom.i can be found on [ha Ch(e Wtbif t rar9 oraal {76) 69333D to Ireve an electronic cop ecint La you via email. FJseottach adItonal irffamtiori if nesary. Tp Lflr irwi.w MWG'iiP4 Th4/, 4'445 orBrookivn r—BuildE and CamrrwmI1y S'iIo Or Bwvjk!#1 Ciikr, MN5E40.210 1 P'c 17) Ii?: 711 1F; isa EUIWING AND COMMIN1TY STANDARDS CftY of T1 8 Colfax,AveN CENTER RorrlLtt Licence MtjaUcirt Ran Typo Pu License Si and Verify I ver[Iy 1ht1I ir&rrnation puoIde<i is to-faarid accurate, iinderand LIiaLif 1 do noi comply wilhi Ih pprrvd MitiqitTzui Pbn, cornuIy wiIh all Ituii wLhin he license periüd, w aprie beyon1 Il in expr3tiondat&, e fort riirtiOr1uch ris. citaLion, formal rompiInt, orhcenü ruViEw may ruIt, Scoi Bcl - [i color or Opombons C ?rrA ril7JO • • J) / / •/\ •?' -/•--,•--___-- _____ _________ 4ddiou,4 Ow?ior or Ait T.Yki(fipy.'Jii*k,Masse 1'(;'J) Adif ccAuej? Si ir (itAp1'e Oe C o y StffOjvIy NI 4yi I - ci C'T9mnIty pui•? TYPL, IV R k1t Uc* Muni J.'ii, Ho 4--145 City ol FrooRtyn Ge ricer uildinq and Cannmunfty Stapdndt DpzmiU Ccl r4w', OrL1 1 ul Curr,MN 5O2lfi I Fror:73) 3&rn 711 F ?&)) 3UO Oty C©u1llui©il Anda Hem N©0 Ma #4 [I]BJ[IJ I N I DW4 I h'4 (I) 1aII )I1IJhYAJ DATE: February 13, 2017 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk UUM SUBJECT: Type IV 6-Month Provisional Rental License for 5616 Dupont Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan and issuance of a Type IV 6-Month Provisional Rental License for 5616 Dupont Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family dwelling. The previous rental license was a Type III Rental License. This property qualifies for a Type IV Rental License based on sixteen (16) property code violations found during the initial rental license inspection and zero (0) validated police nuisance incidents for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 07-01-2016 The Owner, Luis Deleon, applied for renewal of the rental dwelling license for 5616 Dupont Ave N, a single family dwelling. 09-08-2016 An initial rental license inspection was conducted. 16 property code violations were cited, see attached rental criteria. 09-30-2016 The previous rental license expired. 10-14-2016 A second rental inspection was conducted and failed. A $100 reinspection fee was charged to the property. 10-28-2016 A third inspection was conducted and failed. During re-inspection it was discovered that a bed was being used in basement with no egress window present. Mission: Ensuring an attractive, clean, stile, inclusive eoni,nunii.v that enhances the qiuillty 'lift' for all people and preserves the public trust I1Ih[iJ I fl U U *4 S I k'A [0) 1I 1SJ'kI Additional orders written. Additional fee will be waived for the next inspection. The $100 reinspection fee remains. 11-04-2016 The $100 reinspection fee was paid. 11-15-2016 A fourth inspection was conducted and passed. 11-23-2016 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 11-23-2016 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. 12-15-2016 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. 01-05-2017 A Mitigation Plan was submitted. 01-10-2017 The Mitigation Plan was finalized. 01-27-2017 A $300 Administrative Citation was issued for renting without a license. 02-03-2017 A letter was sent to the owner notifying that the hearing before the Council will be held February 13, 2017. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 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. I(issio;i: Ensuring an attractive, clean, sqfe, inclusive community that enhances the quality of lsfr for all people and preserves the public (just [iI•1IJ(SJ i V N k'A LU kYA (I) 1I flhJ'Ai 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 corninuidly that enhances the quality c/life for all people and preserves the public trust [I[I1IJ(iJ B i I WA U I k"A (I) 1I I1SJk' I Rental License Category Criteria Policy - Adopted by City Council 0308-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. 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. fl1hior,: Ensuring an attractive, clean, safe, inclusive consinuinty that enhances the quality of lift Jar a/lpeopk' and preserves the puhile trust EI1ILYiI I fl MA U'A I ak'4 [I) 11I IIIIhYA I Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I -3 Year 1-2 units 0-1 3+ units 0-0.75 Type II —2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Mission: Ensuring au attractive, clean, safe, inclusive coininuflity that enhances the quality oJ'hft' for all people and preserves the public trust I[S1lh(iJ I U U U MA I I (0) 1I I1Uki Budget Issues: There are no budget issues to consider. Strategic Priorities: Enhanced Community Image Attachment - Mitigation Plan Mission: Ensuring an aitracth'e, clean, saft, inclusive conunuinty that en/lances the quality of Iift for all people and preserves the public trust BUII1tflNG AND COMWNTrY STANDARDST-Ityn CENTER Rrbt1 License Mtfgatic?n Plan TpeVLicense HandWrUfrmn MWai Plan wi/f mt he tped A ruieble form can be found ort tho CIty Waite 0.,t WwwMyolbrooklyncenter.org or calf (763) 563330 to h vo an aloamnio copy sent to you iJIa eFL Prop yAIdress: 5611 Qryers Nnmo():•Luk or Corf' tatta DeLeon Owno?sAdclrcs:.-MAS mtihAofll'i.2rdlG, 06 •O'üner Phone:12 30--1,12 Lil Oir' Errial drIrirJu 1'Jyihio rrim Currit Expiration Date (/-r f 1 // • LUItIII, AqenI.Aduress 61 (11 Uikef Rd #200 MInn1ort12 P,IN 45 Aii1 Phrtei 952-U4-c-,997 Ag enVs Email bi hou torn Pndrn Ertion Oate , (5 runhli •. . ... .. DupontAvoN . . . . Based on property condftiDns end/or validated police nuisance Incidents, tho abovo referenwd proparty qurliflas for a Typa IV-6 MortLh Rantal LInse, Prior to appltion approval by the City Council a fully completed Miliatirn Ran must be cornplcod and approved by City staff, A MWgain Plan must be completed immediately 14. order to ensure timely cornpki&in or ie licre application process. The Mligaion Plan should irtdicata thc stops b&rij tiien to correct identified vio1ions and the nesht will he taken to ensure ongoing comfillance with City Ordiiances and fjIptkab!& codes. A MtItiri Plan Allo the owner and the City to review conc&ms and idery possible solutions to lcnprova overall conditions at the property. If the Mitigation Plan is not submitted, an.d all Items are not completed within the pending liconso porlod, of the ab o ve property opeetea beyond the license expiration dwa,en.forcerneut actions such as citation formal ornplaint, or license review may result 13ro subtn(tttn fill-out Sections A and 0 toted n pages 2, 3 4, and S. Pj,Li V 4-15 City of Er*k!yn Centrliuihliug and Community Sdrt II iIn Cr kPrIc', RrcoUyr, Coni-r ltN 43U1 I Prr'; T5 5a-s3ao I rrv711 I F:(7)3il T- UThU AND CCYMMNI11t STANDARDSOlt f CENTER 56 1 6 Dupont Ave N Renta' LiCIie Mitigatlan Plah TypVLkri Sctiis ACrIi FrEe Housrng Frogrm Ph as e I &?J 1) Usea The lease arcorrient shall icith.rde the Crime Free Housing Le Addendurri. A copy of the lease a0reerrient and Crime Free Housing Leese Addendum rnuat be attached to the Mitigation Nan when sithmltted. 2) Ar c pursue the toriilnaien or lee agreement or evcLiori of tenants who violate the toms of the 'ease or any a.dder1ijms, ) Condu rimina[ background chk for shI r'' Pro1 1 otive tcnn1s. lFtis a currcit tenant a new back'JrDtJnd check is not requited, Must he e.Ie to provide dimentaion Ci City if requested. 4)Attend a City approved Wi-hour Crime Free HLJUSInQ talrthg course.. inforniaori for aliproved tourses can be found at ww'i ncpaot under the Tr1n/rg and Events tab. A copy of the Crime Free Housing Cei-tificato mutt be attached to the MitigatIon ?Ian when submitted. Crime Free 1-rousing trItilrg was czircipieterJ oii/s scheduled for: Owner or agent attondoWis planning to attend Vining at city of , 5)Submit Monthly Update by thla I deyof each month, phasv H 1) Complete a Security Assessment and Fn'iptnint improvements requested by the Brooklyn Center Police Depw1mert. To schedule at initiof orfoilowup $evwty ?ssrnnt, ccii (763) E6314. A follow-up essment must be *oniplated before the license expiration date to verify the secuiliy rrnpro1remerbts have been impfoiTlented, it a Security Assesm6nt has teen previously cornp]etet, write the comptolion dale. Security Mscasrneit was completed r11113 scheduled fQr 2f2I017 SeciintyM$esmentfollowup was riiple1ed on1s sheduted foi 4' tj ele Continue Sockloint A1 Phe Ill on page 3 . POO 2/ • 73 Fv, i, 4-1445 -v of bnolelyix C tr.$ulI4Lnj 531]1 S-Wn OILP CMs3V,Piwy, TTY :711 15013300 F7}5.O43(ic I) Oner or agent Will attendat minmurr O% 2) of the ARM mooting. Tho ARM. rnttrs must KG cbmpreted wFthh the rental lIre perod and befWetht poridh Type IV 11-1irs e ratin date, Reglabmflon i& it required, how9ver you mustsign-fin during th tiUng, Wiita two rneeling dt an o'viier or agrit pan to atierd - Ownar or ag ant will attend A. R.M, )rn tichedjbd on: l'N' f2O7 2) Havo no repeat coce vlotations previously documented with (e past year. The- following Ootrons are rquircd for proportis with four 4) r rnQre uit 1)Conduct tsident trainfrig arrWi(y 1hat in ides Mme pronIn technlqiios. 2)Conc!ua[ regular raidon1 meUri, P 13 Ju, 4-444 Cfty of DMAdyb ti C rnitimlly nida P1 rtei*I - iI braiIrp1or c' O1 EIr 1Crcnk Brc.klyi Ci-ik; P/J'4 43L-21g j Phcuj TJ E-5O i'iY71 1 1 Fix; (763) -36l XBRIORIMYN [BUTWING AND COMMUNITY STANDARDS cif fC1 5616 Dupont Avo N REnt.31 License IN1109aflon PinCENTER Typ& IV LknEe Sctiori 3--L0 Torr CpItIrrnpramntFMn Based n ondilioi and age, osLrnated r I.niett dates need to br. pi'o''ided for comman capital terns Funding should be considered accordinly, 1er hat are broken, worn, r o1herMse in Violation prior to tha Potinnated replauernentdatci ticad to be rpaved soone, All items must have a da'e fr E&ino d Re pia0amer?t D ate, Dates such a: 're don't know", i brkEn w1 not be acepieL If yoijore unur 'f when an Item will need to be replaced, you oan m3ke a pedicion bad mi the ace, appearance, condition, or ufactur&Endus1r' rimerliona Additional Information on txpected Useful Life n be found aLwbwI hud Ov Kern Pate Last RepIacd Ccfltkn'Expected kpacemnt Dato £rpIe; Wer Hüf or My 2010 F May2020 Furnace 2000 JuneJune O2 Wateri-ieater AixUt211 Awju2 l<ihn Applianocs Laundry Appliances epethr 2011 Smoke Narrnsf Cambon Monoxide Nnir AILI N E>torior horns Pal niSidIr 1ifl 1995 June 20 Windows Roof Fence Shad p1u mbar 1050 p1flit2O3Ci Gatge eptf!rnbUF 1950 Sp1E'mb8r 20S.0 Dsvoy Auiut 2000 A k iourit 2025 Sidewalks MOLM 2000 AUgUE 2025 Other 'CniIic'n Ab€viGtion6: NwN FalrF Noods R8placement;4I PODS 41-17 T rv ILko iJg4kiJ'PM, f. Cy o f 1ly± —Buthth and C nirn1y tjiitdti- Dpzirurn 5301 Shi1h CikFrtwity, arjcikvi 0cntr 1 MN 554'.1 0-2 19 Phiii; (Y) -33dI •1 TTY 711 1 F'; (3}5- XBRCIMIUIMI BUThflG AND COMUN1TY STANDARDS01 f CEXWR r 5616 Dupont Ave N Rental License Mitf9ation Plari StIcrs C--$teps t 1mpo'e Mnajemont nd Ccwidi&ors of Property The Items In this secffan have been proven to asIt with property ngernent and propr{y image. The fottowlng actions re requIred ,J 1) ChEck-In with (enant3 everj 30-days, 2) Drive by prc'pr$y In check for possible code via1atlon. j 3 Evict onanl In vo1ation of the lease Or any addendum, 4) Remnin eurrnt anall utiIiy fee, taxes, as5essnionts, fines penaltios, and ether ffri.ncal daim&payrnenls due to the Cfty, The following ac.floas ams optional unless requtred by the City. fl 1) PrOVtte lavinIsnow 2) Pr'4de gLrbago soriike. LI 3) Insieti security systetm 4) Pro4de mainterrjnce serwtce plan for app1Iarics. Nariie of service company: _ ElI 5) Othcr, - H'the Type t8Morith Rental License Is apwo'id by the City Council, the IiceflSE ut comply with the approvod Mhtatk,n Plan and all appIbe City Codes, A written report rnM be subrnjtied by the 101h day Of each month with an update of actton being taken by the owner dior agent to oomgfy with this MU'an Plan. A copy of the Monthly Upte can be round on ago 7. A fiUhle forni can be found on the CitYa wabsite at wwc1yofbrooklyncenter.or or call 73) 69-3330 In hAveart elecironlc copy sent to you Vi a email, P]ee eELch additional Information if nessaiy1 P M) 7e tif' Mrii Frn Cty cBokly C (r—iiilttj rt4 tnünLy O1 IflrjI Crck P}wiy, roic1n Citsr. MN 55L FhAite Q) 34OI TTY. 711 I 'T) 593 IflJILDING AND COMMUNITY STANDARDScit fXBRCO;U)kr..YN 561 6 Dupont Ave N Rental LIrIbe itition Plan Type lVLicru Sign rd Wrfy I vciIfy ftiM rill Information prnvlded is true and aecurte ufcrsartI That if I do tit onip1y with the pprovcd Mu on Ma n. coaiply Wth M items withEn The license polod or operate beyid the license expiration de, enforcemont actlom uch a clta1ian., formal cornptakte, or hcensD ravlow may rurt, Lui DLeon C]r) TV (P Thk' *_y i2I2O1 rnrtrrs Wr'hoLLse (Jcrb Kcji Ad(oiJ OIr)r ry Apni Name iid T1(c !p'. MeSa Prfrf) I -21,90 !20116 A A s S&n -a ti tro, f Appz&t.4e) 1IySiitfOnly Pü& 17004mmiq /Date ? rr,iimy Sfindard OpMieih fVLic.irs tt& ttir,Pkvi R city oWir-kiyr c TdMity aiicl Ctminnnify Standards Deparimgm vwlbronctThrDrg BW EFirnk Crr!k Pirk,cy, U(vjklpCnbr 40 IN I Pbir (713) E-63-2330 I TTY; Y1 I PAX., (76 5ci ?I) C ty Cmndli Aenda I[frrn N©0 1t©i #5 iciiiii I fl I N 9k'A U I ak'A 0) UI UhI I DATE: February 13, 2017 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk 4^4W409^— SUBJECT: Type IV 6-Month Provisional Rental License for 1507 Humboldt P1 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 1507 Humboldt P1 N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family dwelling. The previous rental license was a Type II Rental License. This property qualifies for a Type IV Rental License based on fourteen (14) property code violations found during the initial rental license inspection and zero (0) validated police nuisance incidents for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 08-22-2016 The Owner, Kyan (Jimmy) Hui, applied for renewal of the rental dwelling license for 1507 Humboldt P1 N, a single family dwelling. 10-17-2016 An initial rental license inspection was conducted. 14 property code violations were cited, see attached rental criteria. 10-27-2016 A second rental inspection was conducted and passed. 11-30-2016 The previous rental license expired. 12-06-2016 City records indicate zero validated police nuisance incidents occurred in the past twelve months. Mission: Insuring an attractive, clean saft', inclusive coinnwnhiv that enhances the quality of life for all people and preserves the public trust .iIi1SiIJ I I flk'4 U I kA [IJ t1IhI I1lIA1 12-06-2016 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. 01-05-2017 A Mitigation Plan was submitted. 01-10-2017 The Mitigation Plan was finalized. 02-03-2017 A letter was sent to the owner notifying that the hearing before the Council will be held February 13, 2017. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan mission: Ensuring an aifractive, clean, sqf, inclusive comniuflily that en/sauces the quality of life for all people and preserves the public trust [S[I1IJEIJ I fl I I MhYA S I ak'A 0) t1WI flhJ'A I 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 ojlite for al/people and preserves the public trust [EIiSi(SJ I n I I k'A U I k'4 (I) 1I I1IJ1 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. .4Iiss!on: Ensuring an attractive, clean, saft. inclusive coinuwnity that enhances the qualify of hft for all people and preserves the public trust EI]JJ[IJ I U I Dk"A U I k'A (IM1I WJk'kI Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type 1-3 Year 1-2 units 0-1 3+ units 0-0.75 Type II —2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 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 aft racth'e, clean, safe, inclusive conunumty that enhances the quality of life for all people and preserves the public (rust S]SJ(J I fl U 3Ih'A UYA I Ik' (I) tUI I1SI1 Budget Issues: There are no budget issues to consider. Strategic Priorities: Enhanced Community Image Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, safe, inclusive cotn,nunhtv that enhances the quality of life for ahipeople and preserves the public trust BUILDING AND COMMUNITY STANDARDS City i5f Rental Llconsa MitIatiôi PICENTER- Type W License Hardwritkn Mitigation Pla n s will not be accep l ed. A tillable form can be found on the City's wf-b-sito at v yofbrook1rro or call (73) 59-330 to have an electronuc copy sentto you via email. PrttyAddre-ss 15O? ftmbcldi Fz' Brooklyn CEn1r, MN, 5430 Owe r's Nrn?'s) Ky-,lrl Lm Own?r's Add re ir11 Hum oldl PtaoO BrocI'ri Cnti, MN, 55430 o's Phone: (7)459 thvner' Email: huouporhoo.orn Current Expiration Date 2/ Loci Agent(s),, Agent's Address: Aprit's Phone , Agent's Email: Pending Expfrtlori Dat rrntpiaUcti) / Based on property conditions and/or validated police nuisance incidents, the above referenced properly iva1ifs for a Type V- Month Rent Prbr to o pp1ation approvai by the City Council a fully completed M itigaion Plan must be completed and approved by City staff. A Mitigation P'an nwst be cniploted immediately in order to ensure timely completion of The license application process. The Mitigation Pian should Indicate the steps ben9 taken to ooriecl iderUfied Violations and the measures that will be taken to ensure ongoing compliance with City Ordinances and applicaUe code$. A M111iiot Plao & lows the owrer and. the Cft.y to review concerns and Identify possible solutions to Improve overall condtlons of the pmpeity. lflhe Miligatibrik Plan Is riOl submitted and all items are not completed within the pending license period ) or the above property operates beyond the nse expiralion dale, enforcement ariiowsuch as citation, formal complaint, or license review may result, Befrre s ubmittirig, Ill].uE SortionsA1 B and C locLed nn pae 2, 8, 4, and 6 , P19YJ Type JV ReJ Lftiyi J?kvi P-11, AN, 4444. Cily DI rok13IL narui1din9 and Ctmmiiniiy SI1ndaTd Dcpu1mn1 5301 iirei Cr Pkwy, Broo;F,, r1; N 5$-219 Prna T63) -3D TTY: 711 76) 5-5]€.O BUILIDING AND COMMUNITY STANDARDS Cfty of BROOKLYN 1OT PJumVJcJI Pt 'x CENTER Bw1d'n Centor, MW, 55420 Rental Liccno Mitigation Plan M: Type IV License Sections A—Crime Free Hstnj Progra m Requirements Phase I 1)Us writ lease arernJi, The le rrnert 5halF ii iudehe Crii-neFree Hcuirt Lose Addendurn AQpyfthe lea5e,99reernentwid Crime Frol-lous[ng Lease Addendum must be attached to the MLLlatkrn Plan when tubmitted, 2)Agree to pursue the termination or lease agreement or eviction of tenants who violate the trrns ofth tease or any addandoms, 3 CondvQt ctirninai backrocir4 checic for all new propective tenants. If it is a current tenant a new backroLmd checkis not required. Must be able In provide dtUn to City If requested 4)Attend a City approved eiTht-hour Crime Free Housing training crnirse lnfornation for approved cres tan b found at rvw,mncpnt urdr th e Tr&ing &d Eveotz Iab A tofly of the Crktie Ftee Housing Cerifficala must be attached to the Mitigation Plan when aubrnitted Crime Free Hovslno 481hino was mptald onus scheduled for; 111 Rita Owrr oe .agent allondedlis panning to aierid trning at city of; 5)SubmIt Mrtthly Update by the 101h day of each month, Phase II E?J 1) Complete a Security Assessment and implement improvements requested by the Brooklyn Center Police Depaitmont, To scttedulo an Initial or follow-Up Sewrity Assessment, call (76) 59344. A kInw-Jpasessrnent niiList bo owTrpleted before the license expiration date to verify the security improvements have been implemented. If a Security Assessment has been previously compteled, write ¶h completion dates Security Assessment .was complted oRfis mlieduled for I Security Assessment follow-up was ciamplated oMs scheduled for: Continue Sections A Phaso iii on page F. JL25 rpe JV ATrYi RZA, ReV, 44-15 City fB Idyt t—BtLiId1h Dpthint 3O1 crk Pirky, Rwklyn Cr4r, M 1CL215 I Phir; (?O) -20 I Ti 711 1 F: (763)!30-3350 ANUPW rnJmDING AND COMMUNITY STANDARDSCityvBROOKLYN BkC1HN43O Rental License MIUgatlon PlanCENTER Type lv License Stins A— Crim e Free Ho cis Ing Frogrrn Req !1rments (cn fin u&) PJ-ise I II 1) Owner or agent will attend at nilnirnurn 50% (2) of the ARM - mee ti nos . The ARM me? ga must e completed within the rental liconso peri o d and ba fo ril tli pending Typo P1 Liensa exp i ration dab, 15 not required, however you mu s t sifl -ifl during the meetin g , Write two meeting dates an owner or agent plan to attend '14f 17Owner or agent will attend A.R.M. mtin$ chduFed on: and 11!17 2 Have no repeat code violatio n s previously dourneed with the past yer . ThG foltowing, ac tionsar rnuIred for pr o pertij es with four (4) or more units. 1) Conduct resident training nnuaiy that includes cdrue prei1in 1thnique. LII 2) Conduct reu1ar resident meetings. Type PI, Rev. City f ilyn C r—uthçyan d Conin-Lu ndty Standari Dep1ttt 6]1 lne Cree k Pat Way. Bro ^b-lytl On1f, rt' 5543D -2f Pbr 7&) E3.-53JJ I TTY -?1 1 I lax: (63) 56-3EO BUILDING NJ) COMMUNITY STANDARDScity f BROOKLYN FMN54O Rental License Mitigation PlanCENTERType IV License Sections B—Lonj Torn) CipThI improwmiiZ Plan Based on coridifion and age, estimated repfacerrient dates nod io be provided for common capiaI Items. Funding should be considered a000rdlngly. Items that are broken, wwn or 0.1 hetwise In violation prior to the estimated repl cmendste need to be replaced sooner, All items must have a date for Es tim ated epiacem tDaIa. Dais such"unsure", "don't knowfl, or when brQkL-n 11 will not be accepted, If you are unsure of when an Item will need to be rpaced you c-an make prediction, based on the age, appearance, ttditti, or marufac-turendustry teo1meMins, Mdlttona intGrniatilon on Expected Useful Life can be fou rid athedov, Item Cnditcin Expected Re placoment Data Exam&,-W!arHaater May 2W0 F My 20.20 Furnace C JunB 2020 Waler Heater OcbE'f 2016 N Ott22 Kitchen ppflances Jtw LaUr#FV .ppa116e Nov 2012 NO22 Smoke AlamsJ Carbon Monoxide Alarms Exterior Items PsinlJSidln g Aug X115 Aug 2021 Windows JU11 2009 JuI2Q16 Roof jLt2Oii Jmr, 2041 Shed Garage My 2Q10 Ma y 2Q20 Driveway Aug (3 Au g 2O26 July 200 July 2015 Other; 'Ccqion Abbrelat'iis; Fiir=F Heeds RepIen'sitP P'g4 YEtLi 1mFJ4 Rev. 444-Y5 City DfflD11I1yu Cc r—IiIiT d rnuffly St dX1B itt %I Srrls E.rcHn Center, MN 543D-21 j Pr QEJ) E) I TTh Ill FaX rg-asaO BUILDING AND COMMUNITY EDARXSTB REa1 Ljtanse Mititon P1n Type IV Ler,se Sign and Verify verify 1h1 W1 inorrniiii provided is true anc accurate. I iunderstand that if l & not comply viith th approved Mitigation Plan, comply will) all ltams w'LhIn tbe license period, or operate beyond the license expiraoii dale, enforcement actions such as citations, formal complain, or license review may ruIi Kyan (Jimmy) Lurn Hui OpmerarAgem N.iie it( T1 K . 4 • (f Yafl 'rn Hui 1ly]riE bale: 21TDL01 j'.rr or Agant Stehiro I '4i2D1 f WIVI PWuirr or Ayomf. Nimmo ardTWO Pas' Pr) 4k%ont Owmercr Agent t're (1pbe) CRY $rf only / PciV De:lr?I(!rI( / 7 a d Cur /Dalb Paga EZ Typo V RiiI tic mma MIicii Pn. Perv, 4-445 City Df Brooklyn Ci i{cr..Bui1d±ag and CDmmlntEty ndrdpi.rtm 1L)1 1 i r itz Crik rckiyri CeiLe 4N 432t Phn: ?63) 55 12,3i3 j TTY. 711 1 r; 3 x: 7) Oty Comi1lldli Agelld1 llm N©0 #6 I[i1U(iJ I U N 3h"A • I k'A 0) UI P1IJ'A I DATE: February 13, 2017 TO: Curt Boganey, City Manager FROM: Sharon Iutson, City Clerk ^"4WZ6^^ SUBJECT: Type IV 6-Month Provisional Rental License for 5350 Irving 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 5350 Irving Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family property. The previous rental licens'e was a Type II Rental License. This property qualifies for a Type IV Rental License based on ten (10) property code violations found during the initial rental license inspection and zero (0) validated police nuisance incidents for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License, A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 10-27-2016 The Owner, John Hennen, applied for renewal of the rental dwelling license for 5350 Irving Ave N, a single family dwelling. 11-17-2016 An initial rental license inspection was conducted. 10 property code violations were cited, see attached rental criteria. 12-19-2016 A second rental inspection was conducted and passed. 01-05-2017 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 01-05-2017 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 4'!iss!o,i: Ensuring an aFrac1ive clean, safes inclusive connnlin!tV that enhances the quality of life for all people and preserves the public tins! license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 01-19-2017 A Mitigation Plan was submitted. 01-29-2017 The Mitigation Plan was finalized. 01-31-2017 The previous rental license expired. 02-03-2017 A letter was sent to the owner notifying that the hearing before the Council will be held February 13, 2017 If approved, after six months, a new rental license is required. The license process will begin within 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 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 AT!ssioi,: Ensuring uji attractive, clean, saft'. inclusive conilnunhty that enhances the quality of lift' for all people and preserves the public trust [S[I1JJ1IJ 10 I I MAL'A I MhYA (I) 1IflUI 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 attract/pr, clean, safej inclusive coniinuni/v that enhances the quality of life for all people and preserves the public trust [EO1SJ[iJ I U I M'A Uh'A I k'4 0) 1'WI I1IJ'A I Rental License Category Criteria Policy - Adopted by City Council 030840 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a, Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. 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 aft ract!ve, clean, safe, inclusive community that enhances the quality of hsfi for al/people and preserves the public trust I[.1SJ(.1 I fl U MkTA I'A I kV'A (I) 1I flIJ I Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I - 3 Year 1-2 units 0-1 3+ units 0-0.75 Type II - 2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51 8B .01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License 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 allraclh'e, clean, safe, inclusive co?nnuuzity that enhances the qnu!itj' of 1Jè for all people and preserves the public tins! IO1IJ[i1 I U S 3k'4 UkA I akA (1) 1I WJJ Budget Issues: There are no budget issues to consider. Strategic Priorities: Enhanced Community Image Attachment - Mitigation Plan Mission: Ensnring an attractive, clean, safe, inclusive community that enhances the quality of hfe for all people and preserves the public trust B1XthDING AND coMrIuNIrf TAtWS B ROOKLYN Re niol L!cns Mitigation Pl a n Type tVUcn Handwrkfen M 1g.aiio P!r wllnct b eped. AJilIabl orrn car be fnu;nd On thec4ty websits WWWlbTOOk1Yfl nOic1 or GlI (7G3) 569 -3330 tob ave a n i2l o arortir, rcpy sent to you Vim em a il- Property Ad- dres RN 54 One's Nems): 94 35 170111 Av e WOwner VE1d re -- LkvI/ nre Ptonat 521oO7-1g€5 Ownor Email; nhonner1@gm&I,CQm Cvrrerit Expiietian Data : Lo cal .Aent{ thft Agents AddrU-S LiPJ F3 11443Mirt91pcli. ii 4li .AjUnt's Ph<rie: .1,€2) 7705224 Agont'€ Em a il: çEiIrnnicAi1 Pending EpirLor DJO 7417 (. Bed on propei -ty conditkin ondior ),elida1ed police .nuiorLc1 incides, the "b&M Folorenced pry qLjauftes f or u Type 1V Month Rental Lcoro Prior to applicatton approval by the Cy CouncD a fully coov^faed Mi1gabr Pl0r' mu1 be crnple1ed a nd .pprood by City S, la ff. A MiiigUoi Pl a n must be mpotod i mdia11y in ardor to ensure lmelycrplebf o the license pplitkfl pocess. The iUcjt1ioI Plir !bould ind.itae th bein.g tker to correct idontifled v;a ltrtions and INe me ss ures thatj Will be ta ken to ersure orgloi ng comptl arm-a with City OJfl0flC& and applic a ble coda. A Mi1ig1iri Plan altos th& owner and the City to roew concern and idonlify pssibl lu1iori to imprn o'icroll: conditior :f the ptoporiy tithe Mliga1iori PI0? I fbi ubmi lied, arO .all F1Crn$ re not comple!Ct Whin the p-riding line period, or the aboV proporly cpecaes beyOri iho li ce n s e- expiratiOt date, enforcement adoris such -,Is tation, form al ornlair Ct I! review mey reeuIl Beftir Eurntth1.g, flhiciut Sections A, , .ad C kttBd o n p-,IVg 2, a . 4 and & T&,LiM1ig1Jn Pee, 11-15 CRY of t,J4yn çL—Eiitdtn and c iuthy 5idaxd Dmr F,iDikOrh Pki4. flcJri tcr. MN5iO-21' Fhc I?€I TTY:?1i : ium co4UN1T1 STANDARDS CH BROOICLYN 1H Rea1Lfl MtLgatlo1 NMICENTER lype ;V License Setkn A—Crime Free HMsIng Prrsfl fWrernMf phase I Ei }t3ü a it1erI agrerrLanL Te fti tCdmFe Housing Lease Adden&m A coPYort serert and Crime Free Housing Addendum rnit be iaed to the hlitigatron Plan when slubrattted. 2) Agree to pur.Je the 1cm iritn or lease rQorneit or eIcion el terarLle who iUIte th' termi of the e or any adrtUnlS. J 3) Cend'L c.41vi)irual back , round. check for ew pr pecthC tornl- If it s urroni ci new bazkgrourlld check Is nol riircth Must be able til pTovidU documtatiUr In Cily :ifeueSted. Aliend a City approved oiI114iOL1r Crime .Frei Heurig fraini ccvu(e, Irifctmci1n for approved rour cn eôud cii wwmmcpOUi under tis T rgpdEVefl tb A copy of the Crime Fret Hou&ng Certi.fitn to t&t be thhed to the Mitiatr Man WhOa submitted. cp)me Frv i-Jousi nq traiitr was ompIrtd othF, cchedulcd I'or: 12ffiu Owmf or igent aUeMdIiS rAnning LD tinci trifflfl9 at city oh O rzxklpPk 5) Sjbmit Mettdy Ijpdale by o I O day of n*ktb moth Phase 11 1) Gomplele Security essrflffl rd inipIernerit irYProVen1en iequete ebyih Brooin Center Ie OopadmrL To schedule an Socurity Assemert1 763)693344- A follow-UP $aESrTthflt must be oempeted beforo flie license ep1rMLon dao to veñfy the 50curity Impro'er11e1l iaie been implemeiitod. If a SEtity A emEr1 has Llreen,prevlausly compIeied writU the cornplotkn dte securitv comedotiChedU1Cd e Seutity Asst roUowup w completed on?i snothit6d for:. Continue Bect1wis A Phase 1i i Irokfl lr uildL Cmm/ Qi arc.d,rn Crer PflO11O Ph) I TT' 711 i?i ci&J-.1EO mLDiNG AND roMrwNITy STANtDS BItOOJCLYN lPrrkLCer, I Rental License. Mit1gaFGn P13r1CENTER Type JV Line SeUc,n -Cjee Free Ro a s h t g Program Reqfdruinerl ts (ntinue Phase Ji 1 Owner vageritwill ationdqt minimum 50% (2) c4the A.:R.M. m1iiig The A..M iust be ccmpl wtn the rental li.ono perLod and before Th pending Typo W License ex0fi-Iflotl date. Regi1rliri 16 not reqtiired how9Vr you mu qr-in diidrig Ihe fleeting. W110 Iwo meeing da IeE an owner or -agent plan to oUend Ownir oricn1 wit! aLlaid A, R.M. meetings thdjkd on: 2) 1iovr rjc repeaL cde violations previcu Ely dtumned witfllhR past year, The FoRaw.ingactiolng are reured for propertes with four r m're wultE. 0 i} Conduct roiderit 1rining annually Thai Jn ,7-,luOes crim prVOnIOrL techniques. a anuc ra'Juu( resid enl meir. TFO jlk,f (4n. 4-J415 tiy D1k] ti utii cI)rThirUL11L1T 1DOthflt1! •iOi gCr' 1y, rccsUyi C-ir, Plyl'j-JC1 lT?:711 I F:I-,C3e0 BUILDXNG AND ccmmTWITi STANDARDS AveBROOKLYN io irt,1 Ucorkse MltFgation PJEJBCENTER Type IV Wi ce n to tion —Long,Thrm Capf Impr-ove mentImprovement F1in Ba 6od ort, cond4ti o n d ago, eirritEc pl ace rnerlt deles. riv2d to bc, prvded for trr:mUr1 Ca pita l iLm. FurJng hud be considered .ecc ord i n gt y, iiems vhalaw brokon rn, or oLhErwt 'ioIation prior 110 me e s ti mated replatoment dMe need to bo tep l ,,z *dsooner- JI1 lCrnS MU5,1 ha • date 1r ES6MOMIct p'c r'ii Dara Dmes such 11 v. don't I(roW' o r bk' wfl net bB optd. If you tmure whor' an item wibne.d to, be repIaJ 4 YOU C-9n rnkc a predicion bofl the Oge. 8 pp e nallic'e, c onditUr, cirmUfaUffiiRdUSIrY recorrimcndio ddikiriil irform1ic'n on E)p.CCtad Ur1uI Lila c a n. bo round o tww.hu.go' Item t.10 L•at RepEOd CrtditEr'ri'Eed RepIcement ta ExipTh Wtr }'ter Ma y 2010 F My 2)2O Z004 ' JiFurnaw- Kilchen Appliances a^j 2q 1 4 Ckel 20 1 4 Od 201 9LUrdry AppIince Smoke Alarm!DcO7 ExiJ 1 ern PkiIiSiding 20t 224110indomg Rorj Fenti Shed 2U24 :2 0 0-4 r flDriveway F Aug 217 Ciher rtijn A bb'D ns :NtwN GrFG FF Ned iInirtR T!p ( &4A:iii3i Ml iLc1 Lfi. iy 1-r4-ffi city trlii-,00 ldyn an d Com mthil xtrritt IO liil çHTh Fir. Dik1 çiwic, C-29 F1'1riY (3Q j TTY: 11 I J BUILDING AND COMWIMIM STDARDS TCity BROOKLYN tiCnit. MN 55$30 I Reh License Mt[gaion FkLnCENTER -j Type VLicense Section..C-Step5 JmproLr Miiaernenf and C tJws at Propriy 1heitpnis in ftissoction hoe been pfOO1L lo sii with propeity vriament property ig The loilowing actions are required:.Z 1) Cliechin Win tenant* every 20-dayc. 2) Drive by proery to check for poiblO C9. vidiations. [] 3) Evict tcront& in iol1rL of the tee or any 1121 4:1 Remain current on all, u 1 ts lees, s &jorrienl, fines, pni1tics, and other firtfid cIime payrri1s duo to me City. } Other: The following ectiOns optortaI ufl1es rquI red by the C[ty 1) Provide la: rJice. El 2) Provicra garbage eoM. Eli irstoti SP-ton). f 41 Provide maInfnance stroo pLri for appliance. -Nam of er'ic•e crnpifly.., i Other: ______ U ftio Type IV -G hlc.i1i1) Rental L ere is approved by the Cily Couti1, the licensee must comply with tri approved Mi1a1tOrI Plan and elk plicb Citi Codes Pc wfittort report must be brniti(cJ by the 10 day or eh FionElu with an upite of aelkins being VIVOPI by the owner andkr agent o copy with this MWOPtIon Plan. A copy of the Monthly Upde10 e,;)n be found on page 7. \ ftbkt form can be found on the Cit/s Wjbgqfj w w otofbrobynCOflterQrg r call 76) 56930 to hvo n ecc1ronic; cpy cri to yJ via emal, Pease Mt(dth additional 1fornIen It necessary. pilp 'c -4k5 Bdy C mw.tUty Stiijth.rc1 Dtnutt w (iOi SiihI rk Urcihqi C1r. rM SMYI-2191 I Ffrnt: I7 E3-) 1 TTY: TI I 'FL: '-3) S5i-3Iit} B1llDIN cOTfl1TY 'NDA Crv c1 r ç tOOXLYN I r kL1 LIe M1j Phi' CENTER V Sign 6eid ViIy Ini rI id ' J :L1 M iir ':r .ui -;;i h ptrL. () pri L1: c' J I;iOi i: t;LC, kircTi. tIL rrr u: ffii J)JUV rjfl Cir iJIy 7. Coy I i:3I dLi 1 I I I Oty C©uni©ll Anidi I{thm N©0 lla #7 [EI1IJh(iJ I fl V N M'A S'A I kY4 0) UrI 1PJ I DATE: February 13, 2017 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk juw44^ SUBJECT: Type IV 6-Month Provisional Rental License for 5642 Logan Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan and issuance of a Type IV 6-Month Provisional Rental License for 5642 Logan Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a new rental license. This is a single family dwelling. This property qualifies for a Type IV Rental License based on eleven (11) property code violations found during the initial rental license inspection. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 07-19-2016 The Owner, Marc Silverstein, applied for an initial rental dwelling license for 5642 Logan Ave N, a single family dwelling. 08-15-2016 An initial rental license inspection was not conducted; no access at time of inspection. 08-29-2016 An initial rental license inspection was conducted. 11 property code violations were cited, see attached rental criteria. 09-22-2016 The $100 reinspection fee was paid. 10-17-2016 A second inspection was conducted and passed. 11-14-2016 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 Mission: Ensuring an allracth'e, clean, safe, inclusive community that enh ances the quality aJlift' .for all people and preserves the public (rush [ii1IJ[iJ I U V N ik'A Uh'A I I"4 (13 UI I1SJ'kl license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 12-02-2016 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. 01-04-2017 A Mitigation Plan was submitted. 01-10-2017 The Mitigation Plan was finalized. 02-03-2017 A letter was sent to the owner notifying that the hearing before the Council will be held February 13, 2017. 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 t'Iission: Ensuring an attractive, clean, saft, inclusive cofllmWI!1V that en/lances the quality of lfc 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 furtherance of the mitigation plan during the preceding month. Mission: Ensuring au attractive, clean, saf', inclusive community that enlmnces the quality of lEfe for all people and preserves the public (rust 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. II4!ssioi,: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of hfr for al/people and preserves the pubile trust [i1IJ(S1 fl I I MhYA Uh'A I {Ik'A (IM1I I1IJ I Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type 1-3 Year 1-2 units 0-1 3+ units 0-0.75 Type II - 2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51 8B .01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). 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 LIII u/tract/ye, clean. safi?, inclusive coninzwdtv that enhances the quality of/lie for all people and preserves the public trust [EI]Ji(SJ I fl V U W4 Uh!A S k'4 (I) 1I I Budget Issues: There are no budget issues to consider. Strategic Priorities: Enhanced Community Image Attachment - Mitigation Plan !4!ssioi,: Ensuring an attractive, clean, safe. inclusive community that enhances the quality of1Efr for all people, and preserves the public trust B1JThiMN AND COLWrU 1ANRZScity*(BROW Rental License tt9atlQn PCENTER IP Type IV Hndw1tfcr Miti ga tion Plans vifif not be accepted. AfflkbFe fmrn can be found on the City vbsite at ve,",Oyof broaklynceiiter,6qj or call 762) -O to havo an eleoroniccey sarit t you va email. Property Addre55; W2 Lofpm Ave, N nr()iI CflL MN Oner N&nes; MNSF LLC Local fgert(); PMC r44hm O'ner's Address: OWGMorriicii BLVD C]rTI NC; Ownejs Phone: (7041 ,97-7 -2279 O'iine?s Email' iky]egoreliokbrothers.cofli Current Expiralion Date , Agerita Addre5s; DM$uI1i2 Ht cm W 5401 Aent' Phone; (715) 21 22-1611 Aents Email: John@prncmgtiit.com PendiRxpleration Date , j SX rti frUi .tDrcmfl[ irjIiii) ' Based on proprtycondRlors andfor validated polIce nuisance incidents, the above referenced property qualifies for a Type P/-S Month Rental License Prior to application appmvF by the City Coijncit a fully pitedMitlatloi Psn rnutbe Oaftjpteted nd approve by City staff. A MltlaIIn Plan must be completed Immediately in order to ensure timerycompletion of the license application process. The Mltition Plan hovk indicate the steps beirij taken to oorrect ldntifid and Lha measures that lJl be taken to ensure cinoing compliance with City Ordinances and appicable codes- A Mitigation Plan a Iloovs the owner and the City to review concerns and identify possible solutions to improve overall ConditioOns of the , property. If the Mi1iatlon Plan is not 5ubrnilted, OW all [LL"rns Are not oenipleted within the pending liconso period, or ho above property operates boyond the licensa expiration date enforcement actions such as citation, formal complaint, or license review may (OSO4. Before submitting, fill-out Scctone A1 5, and C tocated on pages 2 3, 4, and 5. Jt TJ)?I MPr Rrv, 4.4' City of Brocidyn ntr—Building 41nd CthuHtLty SlandudaDepEkYthiefti (:3I)1 iirwio trk Prkwny. Orpokip Cr -iIcr. IlN 554,30 ,21991 1 Fht Fa'. f73) ?-:3EU miDrw AND COMMUNITY STANDARDS City 5642 Lon Ave Rental License MtFtIn PlanCENTER- Type IVLlcnse Sections A-Cthn Fre Houshig Aroqr'arn Reqñrernents Phase I I } Use a wdtmn lease agroarnant, The base reCment hal[ include the Ciimo Free KDuslno Lac Addndim, Acopy ofthe,isgreemneIlt and CrIme rma Hoon Lease Addendum must be attached to the Mt1on Plan when subrnftted 2)Aqree to pursue the termination or lease areornonter eviction oftannl who folate the terms of the lease or aily addndurns 3)Conduct ctirrIneI backgroud cheek for all new prospective tenants. If It Is a careerit tenant anew background chock Is not required, Must be able to provide documentation to city if rusted 4) Aliand a City approved eight-hour Crime Free Housing traEnIn course, Information for approved courses can be fou iid at wAv,rnncpa net under the TrafnJr?g and Etms tab. A-copyofthe Crime PiraeMousinq Crtfiate must beattached to the MiLleLlor Plan when submitted. CtlxnaFree- Housing training was completed onia scheduled for - Own at or atent a1tendedll planning to attend training at city of: ) Submit Mrihiy Update by the 1O day of each month. Phase II j1) Complete a Security Assessment and Implement ina-provements req ested by the Brooklyn Center Polia Deptment. To schedule an initial or follow-up Security Assessment, call (7i) 6604344, A follow-upq assessment must be completed before the license explratlon date to var1y the se vrily improvements have been iniptomorited. If a Security Assessment has been previously comploted, write the completion dates Security Assessment was completed onlis scheduled for; After Jammy 40h when Assessor returri Security As follow*Jp was completed onis oheduled for: }- Continue SeitiQns A, Phase III on page & Pe2!d ...... - Cy ofBraaklyn Cent r-Btil1d id Comrawkily staT ar& I I TTV11 I F:(7E3)5s3E0 mflLmNG AND COMMUNITY STANDARDS 52 Logan AmaN and 5302 F-Ew1btIcJt CENTER RentalLicense Mitigatiri Plan Type IV Lense Sections A—Cpime Free I-!ousfng Pro gram Rcqilhoments ccThLedJ Phase 111 1) O w ner or zi,,gentwll attend a t rnrnimirn 50% 2) a (i A R M mirns The AR M meetrr.s rnirt be completed within the rental license erlod and before th ItdiIi9 Type IV Lterie okpitAtiom date, RitraUon is not required however you mu5t nin during the meeli ng, Write Iwo meeting: dates an owner or agent plan to aLtnd, Oftetr 9er1l wil -attend AR.M. fleetngs c1iedued on O]112'2G17 acid ootori IVI 2) Have no repL code viotollons previously documented with the past year. The fQowing tion are required for properties with four (4) oor mora wilt. 0 1) Cntiurt reIderUneirthig ernw1ly iht includes cTime prevertion techniques. ElI 2) Conduct ru1r rekLent rsetin. Type V Ren r Pei U- *4g f 1yi —]4hgan4 con-knulAfty Mandayas bpathett 6301 adilpla Creek Pk'y, 0ocIn Ceiflhr, IM 5E430-219 Pin: (7f.i) 5e.3O I TTY-711 I Fax: (7eII XCI BU1L1MN ATD COMMtJNIT). STANDWS aITN i 2 ital Lunse Mitigation P1arENTER Typo IV License tions B—Long T'dtrn CapiL1 ft ovencL Fhr Based on cendiion and age. estimated replacement dates need to 'ba prolded for common capital tern Furding shoWd be con ered acririgty ltem.s that are broken worn % orothercse in voIsUeri prior to the timated rQplacerrianl date need to be rpod so:Gr, Ail hems must have a date for Estimated Repi'ac:nwi! Date. Dauas such a 'unsure' 'dorft know, or lrcken' will not be acptod. If you are uriairre of when an itoni will need to e replaced, you can a prodiUo bsd on the oqe, ppaanc c,onitiwi, or rnufrhnd'istry rccomrnondationa. Additional Fnfwmation on Epoctod Useful Lile can be found at 'w,lmd,qav, Item 04te Lest RIatad Condition"Expected Replacement Date ExempJe: Wafer Hoa for May 201 - U F ".0 420 Furnace 11110t12015 05101)2025 Water Heater •0410112015 05/Oh/2A)25 Kitchen Appliances _____0202 Laundry Appliances Smoke AlarmsI Crbon Moriodrfe Alarms. Exteiir'r 1ern PinUSidiiig • G•04/o1i2o25 Wlnd ________________!E1 WO I t20 1-5 1 Roof (RMW2025 0i/0 1/2025 shed Drivewy ••E /(ii/202 Sidewalks 04101/2025 Other: BrzwyWind _________J 017 'Cr-odifion Abbio4at'n: Nw=N FaIrF Needs, tpInLT P4')3 VR bcan so Pkn, Rate. 44 44 5 Ctyof ra1dyn c rBuu]dtftg and CintmunEty Standixd pt h1iie Creek Parki,ay, BrOCi$1 CnteçAN 00-21J I P1:7e5-3s' I UY: 711 I F5E3r50 BUILDING ANI) COMMU1ITY STANDARDSCltvø! RO0KLYN ,.342 Urn Ave CENTIM Rental License Mitrgatlon Plan Section C— Steps to!mprwe M a n a gement and Cwdil!Qns o f Propery The Items in this aeiion have been proven to assist with property management and property Inije The folIowkig actions are required: W 1 Checkin with tenants every 30-days, J 2) 0 ri v0 by property to 0-beck for possible code violations. , 33 Evict tenants in violailori of the lease or any addendurn, 4) Rem ncurrrbtonaIlutiiitytees taxes assossm.2ntsfln, priItie, and other firiartai cfairnstpayments due to the City. 6) Other: The following actions are optional unless required by the Cfty. t) Provide tawnIr1Gw rve, - [J 2) Piovlde girbage serqioa, El] 3) Install socwlty G rstaqi, 4) Provide maintenance servito pLri for appIinces. Name of sarVi ce c rnany: MDn 1a1ir m4CUlir1L1 5)Other: lithe Type IV-6 Month Rental Llcero Is approved by the City ConiI, the licensee must comply with the approved Mitigation Pian and all applicable City Cod, A written report must he rntad by the 1 0h day of each month with an update of actions being taien by the owner andIor agent to comply with this MitigatIon Plan. A copy of the Monthly Update can be found on pane 7. A fihlabie form can be found on theCity's website at w'dlyofbr*'r ritErrg or f763) 66-3330 to have en IctronIo copy a:1i1. to you via emair. Please attach additional Information If near -y. P4po 55 Typu WRa r LL-zin Mar?, 41445 1ty tB1k1kt fld1g andcmmirntt stand ard s 6301 5hih Crd Frk'y, Pnyiklyn rwr, MFJ I (7631563-3330 1 TTY! 7T 1 1 Fax: (7C BUILDING AND COMMUNITY STANDARDSCity a (2 Lcn AveN and 5'462 Hun cIdt j Rental Uceo7se Mitigation Plan Type IV License Sign and Varfy I vorify that all infwnriatiori provided is true and acciat. I wider5tand that if I do not Lcomply With the approved MRiein Pir, ornpIy wilh all items within the kens period, or operate beyond the I xpirtion date, onforcerrni aokon ch as citations, formal compIairis, or license review may result. PLIC, tkr1m AGENT id Te (Piese Puri) Joiiii Prassc{s 1201€ OwrorAgenr &wi JiQrrAgii f Mime arid Pke Pn) AaWfkmat 13wrf rW /lgM Sth (fAppiYcaiee) City S t a ff Oitly • r F'o(ic CiDne.?f \ I }ip;c! Fg tL V Ro wi l Lr'e Pkr Rv, 44445 city of Uvooklyn Center—Building and CDrnrnDzttent 6O1 ir(dCrk P4vmy, InCrilr MN 13O-219 Fhn: (?3O I tT'Y 711 I F765E5IA1i) City Cuiiiril Aiid Tfthrn N©0 No- #8 ii1sJ[sJ i i DIk'A i $ akv'A LII tii flhJ I DATE: February 13, 2017 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk ANW-4ujim-- SUBJECT: Type IV 6-Month Provisional Rental License for 5712 Logan Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan and issuance of a Type IV 6-Month Provisional Rental License for 5712 Logan Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family dwelling. The previous rental license was a Type I Rental License. This property qualifies for a Type IV Rental License based on twenty four (24) property code violations found during the initial rental license inspection and zero (0) validated police nuisance incidents for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 07-13-2016 The Owner, Dwayne Meier, applied for renewal of the rental dwelling license for 5712 Logan Ave N, a single family dwelling. 08-03-2016 An initial rental license inspection was conducted. 24 property code violations were cited, see attached rental criteria. 09-07-2016 A second rental inspection was not conducted; no access at time of inspection. A $100 reinspection fee was charged to the property. 09-14-2016 The $100 reinspection fee was paid. 09-21-2016 A third inspection was conducted and failed. A $100 reinspection fee was charged to the property. mission: Ensuring an attractive, clean, safe, inclusive consinunity that enhances the quality of life for all people and preserves the public trust ES1SIhXIJ I U I I Mk'A L'A S k"A (I] 1WI )1SJk1 09-30-2016 The previous rental license expired. 10-06-2016 A fourth inspection was conducted and corrections completed; however, the $100 reinspection fee remains. 10-12-2016 The $100 reinspection fee was paid and the rental license passed. 10-18-2016 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 10-18-2016 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. 11-07-2016 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 I, II, and III of Crime Free Housing Program, etc. 01-24-2017 A Mitigation Plan was submitted. 01-25-2017 A $300 Administrative Citation was issued for renting without a license. 01-29-2017 The Mitigation Plan was finalized. 02-03-2017 A letter was sent to the owner notifying that the hearing before the Council will be held February 13, 2017. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 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. j3Jision: Ensuring an atiruetne, clean, safe, inclusive coni,nhinht,V that enhances the qinility oJlifr for all people (lad preserves the public trust IIO1lJ[i1 I fl N Mk'A U'A I IkTA (0] 1I UIk'A I 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Mission: Ensuring an attractive, clean. Suite, inclusive COrniflUflty that CUJUIJICCS the quality oJhfe for all people and preserves the public trust [IO1IJ[SI I U V IA UhYA I IhYA 0) 1I I1SA I Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Mission: Ensuring all attractive, clean, sfe, inclusive cOflhJlulUltY that enhances the quality of life for al/people and preserves the public (lust I[S]JJ[SJ I fl V N 1k'A U I MhY'A 0] i1U!A I Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type 1 - 3 Year 1-2 units 0-1 3+ units 0-0.75 Type II - 2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 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 MMMMMMMUMEMEREMM Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 ilJissioii: Ensuring all attractive, clean, sail', inclusive cominanht,r that enhances the quality oJlfe for all people and preserves the public trust I]U[.J I fl I I *'A U' I k'4 (I) 1.'IhI t1IJk1 Budget Issues: There are no budget issues to consider. Strategic Priorities: Enhanced Community Image Attachment - Mitigation Plan Mission: Ensuring an attractive, cIean. sitfe, inclusive comnzz,ii:t,v that enhances Flee quality ojlIJi! for all people and preserves the public trust ffl]ThDINC AND COMMUNITY STANDARDS City ofBROOKLYN Reta1 Lkens M1tFgtlo PlanCENTER Typo W Lte rise Han dwrif f eh Mitig ation Pin will hot b ptd. A fillablo form ;.an be found on the Cily' bft u wvw.oiLy br or onil (76) $-3i to have afl Ol eO roffio co py rvuntto iJ via erneil, Property Addre5s Wlf2 Lcgan Ale. North O'rner Mer RogerjaLecal Agern() thvnr 6IY N Ajent's Addros James Ale, N,412 Plymouth M N. 55441 Owner Phort& (51270 7Th1 .Agcn1.S PhofiG 12)96E42G Orr rnail dmierrx1flO cam AgenVs Email rJger@crYill corn Curronlplrd1in Dtc j Pendn Expration Date 7 't-in Fr Of i 8is&d on property corii1oim ndtor v?lldLed pelto re idrniIe lhe above rrered opeity qualifies for e Type IV-6 Month RerrtF tionse,Lions Prior- to ptation approval by the City QowlciF a fully conipleted Miligafon Plan must be completed and Bpproved by City staff, A MFtg9iion Pr must be ompJeted jiielat1y In order to onsura tirriolomp1otiori of the licenso application process. The Miigetion Viii should indicate. Ibe stepa bel thkeri 10 orrect idonii1ied Viblations and tho neeswos hat ill be taken: to ensure ongoing compliance iith City Ordinances and eppMcl oodes A Mttatton Plen ltow [ho oWr&f and the CRy o reviuw concern at idocify possible solutions to [rnprove oven, IF oondillvn5ofthe property, If Iho MiUgation Fin is not subrriHd, nd I i1eri er Rat compicitod within the pending license period, orthe above property operates beyond the iioen$e piratfl nforcernerfl eeians sucli a latior, formal cornplolm, or ficonse revIew rney rosuft. 3efore twbrnitring. fill out Scctlons A, B 1 and C located on pages 2 3,4 •nnd 5 type o v RiIii J1?kIr? Fu? 444-15 iy offlrkIyn Ct—BuiIii atd wniI1V 6101 Sbrrjh± Crek BaxiMyri 4N I Frn; 343() I iT'?; ?11 F P-O uitrnc AND coMMUiTY STANDIRiS G^ity ofKLYN RontiL Lkor Mi gatIcn Fr:T)B R(0 Type IVL1ersc ,S e tion A-Cv1rn &ee HouIn' Pr&rm kryits / Phase I 1) Ue a writlen [ease agreement. The lease reemn1 liFl include the Cri me Free Heusin Les Adndurp, A oopy of the base a groorn ia Land C r i nne Free 1-JusIng Le Addendum must be attached to the MlttgtEw Plan when submitted. [] 2) Agree Ic pursue the torryt haUon or lease aeerreiit or eviction of tenants who violate the terms or the lease of any dderidtim, ) Ccnduot olminal hckgrourd chock for all new propetiva l enan l,$. If i t ac.u1rnt tericni a new background check Is not r e quired, Must be able to provide docutnontaliei to City II requested. [] 4) AUnd a City approved eight-hour Crime Free Housing nsJnn cow" Information f& pprovod ecu rse,s can liü fourLd at wwnncajet wider the Th!ning ord Evor Lab, A G Qpy ot the Crime Free Housing CrtifIate mu s t be attacid to the Mitig a tion Plan when subin1tted Crime F roo Housing tra f ning was cmpieted oWi5 scheduled fort O4neror a gent atended1iSplanning to attend of; [ 5 Submit Monthy Update by the 10 dy of each month, Phaso ii 1) cornpmoa Sei1irLy A rnpn1 arid implement irnprovomens r&qiiesed by thE xoklyn Center Police Department. To schedule an lnhlisl or follow-up Security AsessnenI, catI (163) 444. Afollowvp aeessmort must be mplted before the I l u ense explratf on date to verily the security lrnprvemrnts have been IrnplenienteL If aSuniy sessment ia& leon previously compleed 1 write th e completion da t e . eturity mrflwis compteled on?is stheute'd tar: Lk 1L / So curdy As ssnont fo llow-u p was oompeted oi5 ctteule r; __________ 3 Contin i,'a 5eQ11Q n5 A P h mse III on page 3. Pt 2,' TJp9 flv. 4N5 O i ly o F uLId±n airntu3it[ty St4ridaxclv Mpxr tmellt E01 5hine Cft?ek P Crr1 PA N 4'.2iU9 I I TTY 11 1 3) UILDINC AND COMMUNITY STANDARDSCLtyf rta1 Lt e ia ftse Mtigaoru PlanCENTERType IV Licen s e Setkrns ACrime Frco Ho IitPtorm Roq kemffl (cn1JnrL!J Ph III I) Owrior or aont will attend at minimum 50% 2) of ho A.R.M. iiie.otIns. Tho AM, mo o thrigs must be. com p leted wlthhi th r e ntal Iiorsa p e riod and b e fore th e pending Type W License expiration d a te, Registration is not requred ) however you must 5iLJr fn during th& meeting, Write two rn e-efi ng dates 9 n owner or EL9 ent plan, to attond.rj,l '••7 'i T i I UIOwner or agent will attefld '- R'1 meelirigs sc!ieduIe on; 2) I-lavo no rpoal crJ violations prcivocJsly curnntod wili Iho past yciar. The foUowlng a cti g ns are req ui red for preper leswKhfecu' 4)riior units I) Conduct resident tr aining nnualiy that includes crrne preven ti on techniqites 2) Conduct tgur resideitrneolirigs. T^^'yj 0- ^ V,0 0 t e,^ go EA tkitci F? fw, 4-N- City '1 B k1jri Ci CThi1l' 't 1 rfi1k I'm rUnirr (V 9 i22k1 Giiiit Crk PMkwiy, flriklyfl Cflie(, M5O.21r4 j rlor (7€3) E3 1 t; 7 11 1 1ic: 70) BUfl4DIIW 2NI) COMMUNITY STANDARDS 12 Ltr1h RnthI License Mitijation PlanENTER-. Typo iVLkene StIets —LQr Trn cp1t.i Impravemr P!h / in condilion anclage, es1irneed TePIOOPMent dale need to be provided for crnrnon ceplaL iterr 5 Furidirg sliouW be consi&icd according1y, Items that are broken, viorn, or oherie In ,iok1kjn prior to the es1imatd reproemetit date need be rp1ed ner, All items mu h've date for Cs med Repla cement Die. Datas such as ursure", 'don't know", or "when will not be attptd. 11 you are unsure ofhon an itrri will need to be reçiaccd, you cn make e prediction bed on the- eppearaic, cond1bn, or manufacturalindustry oornmendatioris Additional rnfotmslion on peced Uefu1 Lire can he, found at www,hudgov, Itni Et Lt pitt Ctnc1tftri xCtEd pIeiiint Exrnpie; WeerHe a ter Furnace Juri 2010 G [j Jure 30 Wu1er Hester k no2010 G - Kitchen Appli,ances,May 200 Jj Nfly 20O LeundWAppIinces May 200 NA" 20 16 mo10 AIetrsi Cirbcn ManpideAtrrn July 2016 2018 <tarIor flems P&nf1Skfini !LI N r7l 2030 Root _________2oao 2010 2030 Shed ia 2050 Garage Drlvewoy 2016 2030 El 2aQ Othec 'CondIion Abbroiaioris tmN6000rc,PIr"P Needs .RepI3eentR Pg 4à City of Brooklyn Cntr—Buildingand cok"rzvurdty SlandardsDeYtt Y'ix JV i!TI1l? Ftir7 flu 4--1 tO1 hliik Cr kParkwiç Crkyfl Cii1tP.T'1 4.D-215 Fttc4T}$330 j TrY lii BUILDING AND COMUTADBDSCity of 5112 Logan Ave. NuttBROOMYN BrookfynOanler,NINI, 65,12O Rental LeErsa ti9a1on PFFCIN'LER Type LV LIrsE Sections C—Stp t Improve Ma1agrnErni a nd Cprrd cn of Pfopey Te Hems In this 5,00UDn have been proven 'ID assistwUh property managernonIariJ property irriege. The follewin Lions aro rquFrd: (] 1) C eIctqwjthtennjs every 30-clays. [] 2 Drive by property to check for possibla coda VIQI1IOns, J 3) PvIci ten snts in vkiistbn of the lee or any 4) 1Ofl)iFI currant On aR Jiii axo, asuw rnorit!5, fines, peneFtie5 and other 1irnci clamsJpaymenis due to he City. Tho following actloriz are optFonBl tines requlrd by the Clty. 11 i Provide t'nnow 2 Pro'de garbogo sot'vico, 0 3) lritl security system .4) Provide mel Lnanco sorvce plan for appliarion Name or service. compsny: LII 5) 01her. ir thE Type V-43 Month Renlal license is a pproved by the City Council, the licensee must comply with the appravod MWUort Plan ahil oll njppliuble Ciy Ods. A written report ni'st be sibrnited by the 1O day of each month with an update of actions being taken by Lhe owner aiidIor acM to comply with this Mitigation Plan. A copy of IN Monthly Update on be found on pace 7. A fillabte fam can be fou rd or Iho Clys wobalte at WiI iLye1baektyrrterorg 0 r call (7) 5-333Q 1 lieve an electronic copy sont to J Via email. Please attach additional Information If necessary. & (i1y C 1t C te-Lij 4ha communtly 5tLs Pet€tt •31 5Pno Cek rarkknV, 5ro}Yi Cenler,P4N 554-21U9 1 PI'r 76) 55-5-30 j TTY: 711 j FM: (70116043610 BUI:TjDING AND GOMMOTITY STANDARDS City 712 Loin Aws, NorthBROOKLYN rkIyC 543O Rental M1ttsitlr PlanCENTER TypIVLIerI5 Sign arid Verify / I verify that Il InftrrtaLcri povkd Is ru r,d couraIm I utdcttti thi If 3 do not comply with Lh pprovcci Mt1i1kn Plan, crnply wilh aft ithm6 within tf-wlicofise period, or opere boy-and the ir1a praUon date, enforcetn orit 2thn uh ot, oation, or LCOMFe reMew ny reuIt, Dio 4ne w Apuml Nmo and 1e ee PdJr) A . 1 iJoi 6 Qrwr e.,jrA.iinF Snar.&r bwe r'ci TW 0 ( rpb1'e, P.16ase Pñii Mdki fl /4n3 7ZLJT (p)c9L) Only pç.t- Oori1mit wd Va ?d Cr Jr1 p(W? Page J?.'v. 4-1 4-f 5 City frktyit Cn1 M!4 (muth 5ia -dd&rdsDapmrLmen1 E31 1 SIihjl Crc Py, rrItn Gkr MN 11 1•h 4T'i E2 O TTY; 711 T6) 5- Oty C©rndll AgeiRdai Hem N0 1© # I[S1IJ(SI I • I Ik'A VA I W'A 0] 1I )1IJ I DATE: February 13, 2017 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 6012 York 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 6012 York Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family dwelling. The previous rental license was a Type III Rental License. This property qualifies for a Type IV Rental License based on twenty (20) property code violations found during the initial rental license inspection and zero (0) validated police nuisance incidents for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 08-04-2016 The Owner, Presley and Korpo Hanson, applied for renewal of the rental dwelling license for 6012 York Ave N, a single family dwelling. 08-23-2016 An initial rental license inspection was conducted. 20 property code violations were cited, see attached rental criteria. 09-26-2016 A second rental inspection was conducted and failed. A $100 reinspection fee was charged to the property. 10-14-2016 A third inspection was conducted and failed. A $100 reinspection fee was charged to the property. i'Jissio;l: Ensuring jut attune/he, clean, safe, inclusive COnIniIIIZIV iii at enhances the quality of liJ' for all people and preserves (lie public truest [Eli Si[iJ I fl I I IA I I A LIJ 1 'INI WJ1 10-28-2016 A fourth inspection was conducted and failed. A $100 reinspection fee was charged to the property 10-31-2016 The previous rental license expired. 10-31-2016 The $200 in reinspection fees was paid. 11-17-2016 A fifth inspection was conducted and rental license passed. The $100 reinspection fee was paid. 11-23-2016 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 11-23-2016 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. 12-15-2016 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. 01-06-2017 A Mitigation Plan was submitted. 01-30-2017 The Mitigation Plan was finalized. 02-03-2017 A letter was sent to the owner notifying that the hearing before the Council will be held February 13, 2017. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. Jl4issuni: Ensuring un attractive, clean, safe, inclusive conhiiiuflht,V that enhances the quality fhf' for al/people (Hid preserves the public trust S[I1II[iJ I N I V M'A UYA I Dk'A (0) 1I flh1h!A I 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of lift for all people and preserves the public trust [kI]Jh'[iJ I fl V N aW'4 I'A I k'4 (0) 1I )lIJk'A1 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 cominwutv that enhances the quality ojliJL' for all people (lad preserves the public trust i1I1II(iJ I fl U I Mk'A I I hY'A (I) 1WI P1SJ I Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I - 3 Year 1-2 units 0-1 3+ units 0-0.75 Type II —2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). 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 I3Ji5to,,: Ensuring au attractive, clean, safe, inclusive community that en/lances the quality of 1sfe for al/people and preserves the public trust [EI1O[iJ I U I V k'A S'A I IA [I) 1I I1SJ1 Budget Issues: There are no budget issues to consider. Strategic Priorities: Enhanced Community Image Attachment - Mitigation Plan i'Iissioii. Ensuring an attractive, clean, sqf', inclusive commmnuty that enhances the quality of 1111' for all people aiidpieserves the public trust BUILDING AND COMMUNITY STANDARDS OOKLYN fentI LIceM1tiôriPlanCENTER Type IV Llcorkro PlapS will n be cpted A1ilble form can ha n the Ciy' website at wty briteforg or call 753) 59-3330 to have an electronic copy sent to you via emaiL Property Address: &12 Yc& A N. eiaokJi n1 MN, 5Fi'12 Owner' True); Pra1s & Korpc Hanson Qnrrs Address - 1021 4i PNE S, MIc1T JS 76 Loct Aaiit): Agents A&!re: Owner's Ph1one: iTh) STD-25-43 Owner's flniali prs1yhns.cin@ao1, corn Cuiront Eplrio e:j '2 c Ant Fie Anf EmlJ; Pending E:xplratirm Date: 5knfta rrrn worn offslito) n riipertycondFtiris andfor varrdqted poice nuisance lliit, the above refigrenced ruprty quialifle5 rrir a Type IV-6 Mc'nih FntaI Ucene P1or to applicadan appmval by the City Ceull a fully C rn1Etd N110,igaton, Plan nJL he ccmpleted s nd approved by City sttL A Mifor P, must be compietodlmmedIa1y In tirdert arre timely completion of the Leansa pplicaton process. The mitigation Plan shoukJ lrdice Oita tteps 4einq taken to oorTectidented violations and the measures thetvitl be taken to ensure ongntrig QomplianceWith City Ordinances end applicable codes. A Miflaor Plan allows the owner and the City (o review corienis and identify posib1e aok,tiors lo improve overall conditions ef the propty, If MiKi?tfor Flail is net ubmitted ard all items are not completed within the pendIng Jlcoise period, Q r 1 he above property operates beyord the license e.xpiretion bte 1 enforcement acliene such dtUori, formal complaint. Or linse reviEw may rslt. Bcfrubmlttln Uti.outSectlone A B on pages 23 3 4 and 5 Pkpij . -15 Cu7 I Bxtuk1yn C± ui.ld±n zui Carnmunity 5taii4di wjc1xctrnirirg Wile 9jej}jn CL& MN 554.Ww*21 91 1 IThc4 1) 661AM I rN. 711 1 4i'3) E&!450 BUILDING AM COMMUNITY STANDARDS 6012 YOrkROOtjYN• :42i I.ufl. 1C'tj1l cLnkirr.flJ RtLkfls Mitigation PlanCENTERi1VLns &ton A—Crime Free HoThij Prog ra m qufrainf 7 1) LJe written rease areern?nt The rease agreement -shall include ifit Crlmo Free Housing Lee Addendum, A copy of the toase rmrtt and crime Free HoTng Lease Addendum rniat be attachd to the jillt[gatlan Plan wh1 submitted. Ri 2) Arae to pursue the trmntiin or tae iement >r eviction of tenants who violate the terms, of the lease er any .addendumE., 3) Conduct cdrnli'ial backg round chock for aft rw prpective tensn1. If it is e current tenant a new background check Is not required. .tut b abia to providoe dujmenfaton to City if requested. LjLj 4) Attend a City epproved ei1ithour Crfne Free Housing irainTh rrnion for approved courses can be found at wwmncpanet under Ihe Trfriirg ad tab A copy of1he Crime Free Housing Ce tthcae must 60 Attaclh-md td th :M]tlat1ori Fan when submitted,.(_'_ I 1Crime Free 14cousing tralnIng was completed aPtis sahechiled or Owner or agent ended planning to attend fralft1no atity c: [J 5) Submit MoniNy Update by the 1O day of each month- Phase II 7] -t) Comp1ete a Seurty amoit and implement improvements requested by the Brooklyn Certr Police OapartmenL To schedule an initial orfolFewup Security Asse AtoUwup seientrnutbacompI&ted b0i'dire the ttcne expltaNan data to riy ihe aotrity rnpovementa have been impremented. If a Security Assessment has been provioueiy eernptatad, write tha completion date Security Assessmentwas completed ends .chedule far: Seeurity AeeessmentfollowUp was cornptetod enJ1 i1du1d tit': J NLi rV Continue 8acdons A Phase III on page 3, AilTe 2A5 Tpp. LFth? L?(ui #Y, Fv 44-45 City21yn —flulldiiL Cammit1ty dln 601 5InOle Cr$ F'ar8y. cciijn Crr, MN $4I-219 1 Piire 7€4 5-0 1 TTY: 71 F.ic -3'O BUMDING J 1jCONMUMTY STANDARDS O12YcthAve N Rental Lieiie Mitigation PlanCENTERTypYUeense Sections. A—Cthn F H o using Arbgfam ReW*tr!ent nJmxed) Phase UI IOwner or agent will attend, tlruniurn 5,014 2) of lha ARM The kR M nengs must hocomptotod within fh6i rrkt1 Iine period and befcro the pending Typo IV Licensa expiration tr?Iior is not reuEr&d hveryo rust snri Uririg the m?ir, Write two rneeMg dalese an owner or agent plan to attend Or or ogent vtJl end A R M metns stheduled n ) ii 2) Have tic riat code, violaffori previory documented with the pt yr, iiit folfowing acLicns are required for properties with four (4) or ntm klrkffs, YJ 1) CoJuct resident rinki nnui1y that iridudes crime prevention trilu. 2) Conduct regular resident rnetir. - M1ai Rar, f?ii 44445 ici1dyz C Tufldin u1 miiy 3iL$ Dnt c'w l9 yirer cc Bc]m C'iik1r MN E432i Phurt: I TW711 I BIULDING AND COMMUNITY STA.NDAEDS ROOKLYN B(}12Y o rk Ave N r vo lklVM GeWiv MNi R e ntal Le failtigatl a n PlanCENTER Type N Licne Secdon B—L o ng Term Capffat Thprvemenf Flaii B a s ed or con d W o n ard eplarnent date-s need to ba p rovided for oqmn'an capital iters. Funding houd be Csered ac cordin gly, items That are bfbk?n^ w o n ur othervise in violaUon prior to the Urnae F e PJACEMEnt dale need to be replaced All items must have a datr fo r Esi½td epacenieniDate, Dates such as: unsur&-don't Rrw, or wian bro li s Wl will kia t tie Bepted. i f you ure unsure of when an itt m wJlt neodob repla ced, you can m a ke a predrotion based on açjc appeaie, condio-si, o rranufcturidutty reoorriniendations. Additional information Eptted Useful Life can be round at Item Data Last RapI3teJ COndTtOflk Exp e cted Rp3Ernent D ate rnp: W-ter1-ialer May 2010 P May 2020 19 G 2124 Watr Hater 1 2024 tchen Appliantes 22 Laundry A ppliance s Srnoe Aianns) Crbon Moncide A la rms 201 N 22 Etrar Items PairitJS?dinj 20 1O 2025 Wir4avr;.T999 G 2024 Roof O\iO\ fV ____y1 'JL, Shed Sidviark ' J(! L '-_____'L A1bI1DIL N''N GdG eir-F Neei RplccninR P4 - Type i iiR r p pbAyjk S h ift^l Cfe--I-.Parkwa y, ucIiIn Crrithr, iPJ 4j3U1S 53-31)1 IVY. 711 1 Faic 01$3j 5W-MO BUILDING AND COMMUNITY STANDARDSCity of BROOKG ieOt2 rçJN CENTER Rental License Mtigatwi P la n[ Type Iv License Setlo C-S f ops to Improve Afanagem e nt and Cond1krn cFPpetty The itertas in Ws seciori have been proven to aist with property mavent and prop e rty kige The hikwin atkin are requlmd . [j 1) Check-in With ten a n t s every 30day [J 2) Drive by properly to check for posib1e code valions J 3) Eft tenant in volatior of the 1ee or any fj 4) FernsIn rrrent cii a l l utility fee5 thxes as5 ess merils, fines, penalties, and ether ffnancial clmsyrnent &a to the City. 1211 5) Qther The fQllQwFng ac tions are opt i onal unless reqifred by the City. J 1) rivldfIM 2) Prøvid ) Instell oury sytrn.R] 4) Prot1e maintonance service plan for appliances. Harne of eMce cpy El 5) Other . If the TypiV6 Iv1ort?i R ental U=50 is .ppd by the cTh Council the licene must comply with the approved Mitia1ion Plan and all applicable City Codes- A wi1ttn rpct must b s ubmittod by tht I W h day oIach month with an update of acdoins bt[ng tki hythe Oviffi^r anWor arttQ comply with tM MItigaUüi Pian. A cpy of the Monthly Update can be found On p 7. A filIRbIe form cen be fUr'd on thE city's webite at'wwcilyofbrooi'Jyncenter.org or call ç763J -33 o h ave an aIetrenlQ cz'py 5rit to you via email. P l ea s e attach additional i nforma tion If no c a ssary. Pb 516, TrP F.tn, Rt' v. .444;(5 City 41 B r4b 4k1yn Ue nb^t—]Builcin it Comrhu nitt filkhdJj idt Depa ximent :5 h l!^qia Q ro ,3 K F kI'i Cen1r, Ir I Ph4'w: 5€3E0 1 TT'r' 71t I () BUflI.0 COMMUNITY TJLyN A N Oruulbn C;rMN Rrti1 Lkcno Mitiatian Plan Uctmse Sign and VeriFy I wMfyfhqt all infomat1on providodt riir nd accurate, [ linderst2ind that JFJ d02 noomply with the approved Miflgaton Plan, comply with 611 Items vihir the iier period, orpperate beyond the lti cpircior date,, enforcement actions such as cilaffons, formal oomplain,its,or license review may result. Pel&y<pi Ht GlewformAgorlAhme ini TY ñLI; if2O1 - Oe.r AiWIcviif Qrir or ,Ageqf 1thm a?d M,16 (pL j Pkii Air, dcJW (iv'irorA gent Srgmfme Cil j l p eid vfy øiththi r ft I [a f L MiLiiv 45 City of r34y ii-1id1n ±ic1 Crnrnmmty a thtt E-3 0 1 n1yn Cnier N5-21 (Y .) -•3O Ciity C©dll A Hem N©0 02 [1IJ[J I fl U U I'A S'A I kA (I] 11I UIAi DATE: February 13, 2017 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 3401-13 47 1h 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 3401-13 47th Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a 1 building, 22-unit multifamily property. The previous license was a Type IV Rental License issued on September 26, 2016, on condition of adherence to the MitigationPlan and City Ordinances. The requirements of the Mitigation Plan were met for the previous license. However, the property qualifies for a Type IV Rental License based on sixty seven (3.05/unit) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. Therefore, according to City Ordinance, based on the number of property code violations, the license category remains a Type IV. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental License to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. The following is a brief history of the license process actions. Mission: Ensuring an attractive, clean, safe, inclusive coninniflhly that enhances the quality of lift for all people and preserves the public trust [I[I1SJI I U I Ik'A I'A I Mk' ti] 1Ik1 Current rental license approval activities: 08-31-2016 The owner, Eswin Yoni Berrios/Royal Property Management, applied for renewal of the rental dwelling license for 3401-13 47 1h Ave N, a 1 building, 22-unit multifamily property. 10-04-2016 An initial rental license inspection was conducted. Sixty-seven property code violations were cited, see attached rental criteria. 11-14-2016 A second inspection was conducted and failed. A $100 reinspection fee was charged to the property. 11-30-2016 The previous Type IV Rental License expired. 12-13-2016 The $100 reinspection fee was paid and license passed. 01-05-2017 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 01-05-2017 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. 01-24-2017 A Mitigation Plan was submitted. 01-29-2017 The Mitigation Plan was finalized. 02-03-2017 A letter was sent to the owner notifying that the hearing before the Council will be held February 13, 2017. Prior Type IV Rental License approval activities: 03-16-2016 The Owner, Eswin Yoni Berrios/Royal Property Management, applied for renewal of the rental dwelling license for 3401-3413 47th Ave N, a single family dwelling. 04-07-2016 An initial rental license inspection was conducted. Seventy three (3.32/unit) property code violations were cited, see attached rental criteria. 05-26-2016 A second rental inspection was conducted and failed. A $450 reinspection fee was charged to the property. 05-31-2016 The previous rental license expired. 06-09-2016 A third inspection was conducted and failed. A $250 reinspection fee was charged to the property. 06-23-2016 A fourth inspection was conducted and failed; two corrections were not completed. 07-06-2016 The $700 reinspection fee was paid and inspection passed. 07-20-2016 City records indicate 1 validated police nuisance incidents occurred in the past twelve months. Incidents were 08-25-20 15, disturbing peace 07-20-2016 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. 08-12-2016 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. 08-29-2016 A Mitigation Plan was submitted. Mission: Ensuring an aiiractha, clean, sit f, inclusive community i/rut enlutitces the quality of life for all people and preserves the public trust [i1IJh[.J I fl I I Ik'A U I k'4 (I) 1'II WJhkI 09-16-2016 The Mitigation Plan was finalized. 09-19-2016 A letter was sent to the owner notifying that the hearing before the Council will be held September 26, 2016. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 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. !Iiss'io,z: Ensuring an allructh'e, clean, sqft, inclusive connnunitr that enhances the quality of lift' for all people and preserves the public (must EI1BJ[IJ I fl V IkAL I k"A (I) 1WI PI1IA I 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, sal', inclusive cosninumty that enhances the quality of'1./ for all people and preserves the public trust I1BJ[iJ I i V Ih7A Uh'A I k'4 0) 1I P1IMI Rental License Category Criteria Policy - Adopted by City Council 0308-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. 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 on attractive, clean, sqf', inclusive comnwnit,v that enlutizees the quality of' life for all people and preserves the public trust [IO1BJ[iJ I Ui I k'AUh'A I DkTA (I) 1I I11BI1 Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type 1-3 Year 1-2 units 0-1 3+ units 0-0.75 Type II— 2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51 8B .01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) 0-1 Number of Units 1-2 3-4 units 5 or more units 1-2 3-4 units 5 or more units 1-2 3-4 units 5 or more units 0-0.25 0-0.35 Greater than 1 Greater than 0.25 Greater than 0.35 Greater than 3 Greater than 1 Greater than 0.50 License Category No Category Impact Decrease 1 Category Decrease 2 Categories but not more than 3 but not more than 1 but not more than 0.50 Mission: Ensuring an altrucTh'e, clean, soft, inclusive community that enhances the quality ojl.fe for till people and preserves the public trust [EI1IJ[iJ I U h'A UYA I IhYA 0) t1II OSJ1 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 3401-13 47th Ave N Mission: Ensuring all attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 3401-13 47TH AVE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 3401-13 47 TH AVE N was issued a Type IV Rental License on September 26, 2016; and WHEREAS, the property qualifies for a Type IV Rental License based on the number of property code violations (67) and validated police nuisance incidents (zero); and WHEREAS, City Ordinance Section 12-901.2 requires a property owner who receives a Type IV Rental License to complete Phase I, II and III of the Crime Free Housing Program; and WHEREAS, City Ordinance Section 12-914.3.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 complete security improvements; and City Ordinance Section 12-913 requires submittal of monthly updates. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE IV Rental License is hereby approved for the property at 3413-13 47th Ave N, Brooklyn Center, MN. February 13, 2017 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. B'UILDING AND COMMUNITY STANDARD cit i flROOJYN Rental License Mit i gation Plan Type IV Lkiio rndwrillw M16at1n Plans will not ba acc op f nd A fillbte form can be found on the City's website at or clt (763) &69-3330 to have an electronic copy sent to Y o u via arnii, Property Address: 340147th Ave N Owners Nanie(): D o nald R. Widll Vera R VVIdel l O're's Add res: 5I12 G ybur Cirtio N New I-ropeMN42 Owner's Phone: () Owner's Em a il ! TPmrninremiat^gmail.corn Current Expiration Date -. 11/&J118 Local Agent(s): wln ierrlos Agent's Address: 5.816G eltys burg rdt-N.Novi KOPrMN542 Agent Phone: (52) 270-8733 Agent's Email: Pending Expiratlor Date: 5'3 1117 gTrnrTh frm. ciTnt Based on property condition andkir validated po l ice nuisance incidents, the above referenced property qualifies for a Type 1W6 Month Rental License. Prior to application approval by the City Council a uliy completed Mitigation Plan just be completed and approved by City staff. A Mitigation Plan must be compieed kmadiateFy In order to ensure- timely completion of the license application pmcea. The iUation Plan should Ind, loete the steps being taken to correct identified viola tions a n d the rnesures that will be taken to ensure ongo i ng compliance with City Ordinnoes and applicable codes. A Mitigaon Plan allows the owner and the City to review concerns and identify possible solutions to imp rove overall conditions of the property, If the Mitigation Plan is not submitted and all Iterris are not oornpteted within the pending license period, or the above property o per a tes beyond the license expiration date enforcement actions such as citation, formal complaint, or license review may result Before dmittIng fill-out Sections A, B and C located an paces Z 1, 4, and S. 4-t4-1 ci.ty eding aji d CdhimusLi f y ttdrd Dpdmit c1raolErlterOfg JJ1 6hln Creak Parkway. BrcioKlri tenr, P1 554-21 I PJe (7C I TTY, 711 I F: (755) 35O City ofBROOKLYNCENTER BUILDrNC AND COMMUNITY sTANflAfls 3401471h Ave N Rental Licerio Mitig a ti on Pin Type IV License Sec t -rons ACrrne Free Housing Pram Roqulrernetit5 Phase EZI 1) Use a written ieee agreement. The lease agreementsball include the Crime Free Ho us ing Lease Addendum, A copy of the Iese agreemeut and Crime Fro Houstn Lease Addendum must be attach e d to the Mititln Pan when subm i tted. yj 2) Agree to pursue the termination or tease reenieit or eviction of tenants who violate the terms of the lease or any addendums, ] 3) Conduct cr i minal background check for all nw prØ5pecve tenants, I it is a cur(eflt new background check is not required. Must be able to provide doc&inientation to City if requested. 4) Alen City approved eight-hour Crime Free Housing Irairilng course. Information for approved courses c a n be found at wwimncpanet under the TTaining and Events tab. A copy ofthe Crime Free Hou s ing C iflete must be a ttached to the Mitig a tion Plan when subm]ttei. Crime Free Hoi'ing training was completed enJi scheduled for: Owner or agent U ndd/is pFanning to attend training at city of EZI 5) Sirbrnft Monthly Update by the iOfl! day of each month. Phase U ] 1) Complete a Security Assessment and implement Improvements requested by the Brooldyn Center Police Deparnient. To schedule an initial or follow-up Security Assessment ,, cell (763) 5693344. A follow-up assessment must be øorn plated Wore the license oxpira Lton date to verify the secirrity improvements have been Implemented, if a Security Assessment has been previously completed, write the completion date Security Assessment was completed on/is scheduled for I1 5 Security Assessment follow-up wa s co mpleted on/is scheduled for: Continue Sactlems Ar Ph a se Ill 011 pa ge ert W Perrital' Gk,-om &%^44 M)n Fftr, Roy, 4-4-i5 City f Droaldyh Ciitr. idHt ni Citrnity SlandiLT E15 flop trni kIcr.rg O1 Shrire Cre Piku y BrH1ii C1er MW 55420 1O tThcu 73) &-.3J I TTY 711 I Fax.(7a) 0935ç 'W'cuity of BUILDUW AND COMUUNnT STANDARDS 1471h /w N j nti ue Mitigation Plan Is IN CENTER Type V Ltreie ScIE•ons A--Crirno Free Ho&ng Program Re quirem e nts (conthuid Phase Illrz 1) Owner or agent will end trninIrrurn OM (2) of the ARM. meetings, The ARM meetings must be compd within the rental litenso pGrod and before The pending Type IV LIc priton date, Registration is not required, however you must sign-In during tho inseing. Write tva meeting dates an owner or agent plan to attend, Owner or agent will attend A,RM. meetings cheduIed an: iW17 andEVIII17 J 2) Have no repeat ccde violations pteviously docirnented with the past year. The fokwi rig aGtions. are required for prnpe -ties with four (4) or more units. 1) Cand4 resident train!ing annuaIy that nc.1udes crime prevention techniques LI 2) Conduct reg1r resident nieetin, pag* w6 rh V Ror.!& LkrIL Mkvn'krn Ffl, O eii. 4-1445 Ctly ( bO1dyn mite Y-11ull cling a zid Community Slanftr& DIitten 621 ShIngle c re ek Prkx, 8rHyii Ctnttr. M1 j Phw I TrY: ni 1 F ?) t6b-3r-4 Smoke Ala rri& Carbon Monoxide PJarms 20-1 terior Items PainlJSidirj 2013 Wdow Roof 2013 Fence fl/a Shed Garage iooa Divway 2UB Sidewalks 2005 Other Dac 2&1 Dc2U2O Dec2025 De.2iX3O N N 0 Dec, 2030 G Due. 2O3 2030 AMIROMW BVI-NG AND COMMUNITY STANDARDS BR6I94YN 3401 47th Ave N RjtI License Mitigation P1n Typo Loenaü Stons B— Long Term CpitI Jmprivrneit Plan Based on condilion end age, eetirnted replacement dales need to be provided for common capithi itern. Furidino should be considered oordingry. I lems that are broken, worn, or othooise in violation prior to the estimated replacement date need to be repiced :oc'ner, All dernt must have date for Estrnaftd RepIaceme1 Date. Dates such"unsure", dnt kow" or 'WH broken will not be accepted. If you are unsure of when art Jilern Mill need to be repiaoed, you can pred3cionbaed on the age, appearance, condion, or marlufacturOnd Lrtiy recornmendetkns. Mditlorial information on Epeted Useful Life can be found atvwhudev, Item Example: Wa ter Heaur Furnace Water Heater Kitchen Appliartces Laundry Appliances Date Last Replaced My 201 2008 2000 20 1 5 Condition* Expected Replacement Date F My 2020 G 2022 3 Dec 2022 G Dec D2025- Coidloji Abbreviation: Good=G Fair--F t'th Replocrnent=R Page 4ya TJVf?&ir61ne MiOplbo n Ptan. Re v. 4I4-1 £ifty f r1t1i Cer*e—BuIIng atta Cpiiinnmily Sdya D epartmeni 3U1 I Phie:'763 -333.0 r TTM11 I Ix? Fs8-33c} i3UTLDTNG AND COMMUjTy STANDAIu*s BR(^N16N 3401 47th AVe N Ren tal Seton C—steps to !mpove hfatlageltlentanor CndtIij of Property The items in this section h a ve been Proven to assist with proper t y Mana g ement and property irna, Tbo fol lowi n g a re req ui red, [: 1) Chick-In with te nants every 30-days.jJ 2) Drive by property to check for pQibe cod .e violations.J 3) Evict tenants in v1Ietion of the lease or any addendurns. 4) Rem a in crrenton &l ufilitY f"s , taes assesrnen, fines, penalties, arid other(irincial olirnsipyrnents due to the City. [] 5) Other: Tho oJIown atJoti. a re optonai unless required by the City. 1) Provide lwnI.snow se rvi ce, 2 Provide garbage serv i ce. LI ) Ins ta ll secwity system, 4)Prode maintenance s ervlw, plan for a0 plianc es , Name of pioe conpny; ________ 5)Other; It the Type V-6 Month Remal License is approved by the City Counit, the !icCnsee must co mplywith the approved Mitgtion Pin and all pplicahle City Codes, A written report mu s t bestibrntted by the 10 day of each month With an update ofactions bo i ng ta ken by the ownerand/or agent to comply with tills 1tigaJQn Plan, A copy of the Monthly Update can be fund onpage 7 A fiNabJe form can he found on the Cltya Mbsite at city oncentrorg or OaI73) 560-33G to have an eeatro,jo co py sent to you via emaiL PIase atL.. h add ftronal rrnatForj if ne c ess a ry. Page 5?.6 TYP6 !V Rrir& Lkrg I JIic!r? FYej, .Th 4 -14-15 *iu1dij atd Crnmrtir tadd ep4rtheM61 Shi ng le Crk Flat' y Bro t Center , Mr'l.543a.2fg9 I Plor :(163) 5a,1-3 3:30 I TTY !71! 1 F;ce.330 _-.!!P COMMUNITY ETAND,tRDS city ofZIROxr I NTER P RO P ERTY V A Df)'RE , I Ront4ense MitIjotFon Pan - Typ e [V L ica nse L SI^ ri l arid, ' Verify Vflf'1 that all infôrmakri povicled is true and a ccurath. I understand iht r I do not comply with 1h 1 p13170d Mitign Ptar, 0mp1y with al l items wI1hk the Iicers ooperte teyon d the 11cen8e expiration date, enforcertitit actiona c1aFons form1 omprFnts, or 1e review rtiay result (pW1 Owi flVi'&td YL Actcvar wi r'rAgt Nr id j)i . PTh'if) Add' rc'',yrc, Açie Si,' i 4; I CJty Sff OI?fy " fldk I vReiq ratl a-Gms FI1, 444i5 (1y of Pro0dym C —DLLLj Cb t? tijt)j "Wig i rr CreKP1wy, D cikIi crMN &-2i 'r; E30 1 1 TY. 711 1 FM (73) City Courffldll Agendi Rem N©0 10i #11 [i[S]JI(iJ I fl I I MkTA L!'4 I D (I) 1I 1U1 DATE: February 13, 2017 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 2113 55' 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 2113 55th Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family dwelling. The previous license was a Type IV Rental License issued on August 08, 2016, on condition of adherence to the Mitigation Plan and City Ordinances. The requirements of the Mitigation Plan were met for the previous license. However, the property qualifies for a Type IV Rental License based on eleven (11) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. Therefore, according to City Ordinance, based on the number of property code violations, the license category remains a Type IV. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental License to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. The following is a brief history of the license process actions. Current rental license approval activities: 09-09-2016 The owner, 11-13 Property Minnesota, L.P., applied for renewal of the rental dwelling license for 2113 55th Ave N, a single family dwelling. 09-29-2016 An initial rental license inspection was conducted. Eleven property code violations were cited, see attached rental criteria. Mission: Ensuring an alt racti3C, clean, saf!, inclusive conununhl.V that enhancesaitces the quality of life for all people and preserves the public trust [S1BJJ I fl U 3k"A UYA I MA [I) 11I P1IJk' I 10-20-2016 A second inspection was conducted and failed. A $100 reinspection fee was charged to the property. 11-03-2016 A third inspection was conducted and corrections complete. The $100 reinspection fee remains. 11-21-2016 The $100 reinspection fee was paid and rental license passed. 11-30-2016 The previous Type IV Rental License expired. 12-06-2016 City records indicate validated police nuisance incidents occurred in the past twelve months. 12-06-2016 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. 12-07-2016 A Mitigation Plan was submitted. 12-07-2016 A $125 Administrative Citation was issued for not meeting mitigation plan requirements. 12-15-2016 The Mitigation Plan was finalized. 02-03-2017 A letter was sent to the owner notifying that the hearing before the Council will be held February 13, 2017. Prior Type IV Rental License approval activities: 02-16-2016 The Owner, IH3 Property Minnesota LP, applied for renewal of the rental dwelling license for 2113 55th Ave N a single family dwelling. 03-10-2016 An initial rental license inspection was conducted. 12 property code violations were cited, see attached rental criteria. 04-18-2016 A second rental inspection was not conducted; no access at time of inspection. A $100 reinspection fee was charged to the property. 05-02-2016 The $100 reinspection fee was paid. 05-02-2016 A third inspection was not conducted; no access at time of inspection. A $100 reinspection fee was charged to the property. 05-16-2016 The $100 reinspection fee was paid. 05-17-2016 A fourth inspection was not conducted; no access at time of inspection. A $100 reinspection fee was charged to the property. 05-31-2016 The previous rental license expired. 06-02-2016 A fifth inspection was conducted and failed. A $100 reinspection fee was charged to the property. 06-06-2016 The $100 reinspection fee was paid. 06-16-2016 The $100 reinspection fee was paid and license passed. 06-22-2016 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 06-22-2016 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. 07-11-2016 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. 13Jission: Ensuring an ariractive, clean, safe, inclusive conununhtv that enhances the quality oJlife for al/people and preserves the public trust Ii1U(iJ I fl N N KA tYA I A (I] 1I P1Uk' I 08-01-2016 The Mitigation Plan was finalized. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. Mission: Ensuring (tit a!traclii'e, clean, safe, inclusive conunululy that enhances the quality of tUe for all people and preserves the public trust ES1IJ[i1 lU I I MA L'A I D1!4 (I) 1I I1BJ'A I 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 ottraclii'e, clean, safe, inclusive comnwnily that enhances the quality oJhfe for iii! people and preserves the public tins! SIO1BJ[J IN I I MhA L'A I Dk'A (I) 1I IM MAI Rental License Category Criteria Policy - Adopted by City Council 03-0840 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. 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, suf, inclusive community that enhances the quality oJ'lsf for al/people and preserves the public (must IEI1IJ[J I U N I I'A L!'4 I Mk'4 (I) t1II U5J1Y I Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I - 3 Year 1-2 units 0-1 3+ units 0-0.75 Type II - 2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3± units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Mission: Ensuring tin attractive, clean, safe, inclusive conui nuuuity that enhances the quality of lie Pr all people and preserves the public trust I1SJ[iJ I N I k'A U1'A I MhA (I) 1I I1IJ I 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 2113 55th Ave N Mission: Ensuring LIII attracth'a, clean, safe, inclusive conuiuuuuuitv that eflhllulIces the qualify of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO, RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 2113 55 " AVEN WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 2113 55 t Ave N, was issued a Type IV Rental License on August 08, 2016; and WHEREAS, the property qualifies for a Type IV Rental License based on the number of property code violations (11) and validated police nuisance incidents (zero); and WHEREAS, City Ordinance Section 12-901.2 requires a property owner who receives a Type IV Rental License to complete Phase I, II and III of the Crime Free Housing Program; and WHEREAS, City Ordinance Section 12-914.3.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 complete security improvements; and City Ordinance Section 12-913 requires submittal of monthly updates: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE IV Rental License is hereby approved for the property at 2113 55th Ave N, Brooklyn Center, MN. February 13, 2017 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. B3TUDING AMD COMMUNITY STANDARDS City of BROOKLYN Rental Ln Mitatlen PlanCENTER Type IV License Hdwitn MWion Plans wffl n ot be ac cepted Alillabte form ca n be found on the City's kveb s^ita at w jobrolnoenterorg or call (763) 9-3330 to have an ol-ertron 1r, copy nt to you v ia, emit Property Address: 2113 $u' AveN Owner's Niame(s): Ma Prpay Muueo1s U' Owner's Address: 1270 Eaga n 1ndusbriRl Road N 160Eagoo Owner's Phone: (352) 03-850 Owner's Email: MNren1alLIcenseInnhces, Current Expiration Data: 11Oi6 Local Agent(s): Agent's Add re ss: Agent's Phone: A g ent's Em a il; ?ending Expiration Date: s i s jw 5iñth Based on property conditions andfor validated police nuis ance idents, the above referenced pmperty qualifies for a Type IV-0 Mon t h Reni Lense. Prior to applcation approval by the City Council 2 My completed. Miiaton Plan must be completed and approved by City staff, A. Mitigation Plan must be completed immediately in order to ensure timely compl e tion of the liertse application process The Mitigation Pan should indicate The s t eps being taken to correct identUied violations and the measures that will be 'thl<eri to onure ongoing comp l i ance with City Ordinances and applicable codas, A Miligai llon Plan allows the owner and the City to review concerns and identify possible solutions to improve overall conditions of the property. If the MlgaUon Plan is riot submitted, and all items are not completed within the pending lirise peIed, or the above property operates beyond the license expiration date, enforcement actions such as citation, formal complaint, or license review may rosult. Before submlttirtg, flll-oul Se c ti o ns A, 13 9 and C located on pages 2, 3 4 and 5 Pa ge )nn p, v, 4-c-1 Cfty of JhcrnkIy C Mng and Cmrnwiity S tanda r ds et1tt w.QcrjntoroT 'I1 Shin gle cceek,Prwi/. 13tqciklyn C 4.54.O-21O5 I TTY 711 1 F BUILDING AND COMMUNITY STANDARDSCity of BROOKLYN 21 the -Rental License MWation PlanCENTER Type IV License Sections A—Crime ftee Housing Pmgrm Rthmei1s Phase Ei1 1) Use-awritteri Lease agreement, The lease agreement shall inthde the Crime Free Housing Leae Addertdirm. A copy of the lease agreement arid Crime Free Houng Lease Addendum must he atteoliod to the Mitigation Plan when submitted. 1) Agree to pursue the termination or lease agreement or evidion of tenants who Violate the terms of the [ease or any addandums, 3) Condut criminal backthund check for all inew prospecive tenants. If it Is a current tenant a new background check i not requked. Must be ab'e to provide dotirnentation to City if requested. J 4) Attend a City approved eight-hour Crime Free Housin training course, Information for approved curses can be found stwwwrnncpanet under (he Trfr ng and Events tab. A copy of the Crime Free Housing tifiate nwst be attached to- the Mitigation Plan when submitted. Crime Free Housing training was completed on/is chedued for Owner or agent atjerL4edfis planning to attend training at city of: 5) SubrniMonthty Update by the bin day of each month. Phase II 1) Complete a Security .Assessment and implement improvements requested by the Brooklyn Center Police Departirient. To schedule an Wff oriollow-up Security AssessnenL call(5.) &4344 Afollowup assesement rnutbe completed efo -e the license expiration date to verify the security improvements have been implemented. If a Seburity.Assessment has been preiiou4y compIeted write the cmplelion date. Security Assessment was completed ons scheduled for-. &16I6 SecLrrty Assessment fol1owup was completed onJI scheduled on Conti rue Sections A, Phase III on page 3. Type I VFej W941 Ran, Rv, 4-t4-15 City uf TQ1{ym Certter—buildiftgatkd Obtnmuhily td7kr4 paiin'Lent 6201 Shin2IrCrcic Broot'n Cenur,P1 5545D219 I Pr }-3) I iT?711 1 F. {761) -30 BUILDING AND COMM1JZWJY STANDARDSCi of 2114,11Avr N Rental Licens e M i ti g at i on Pa Typo IV Li c ense $Gttr1s A—Ci*ne Free Ho u slaq Prem Requirements (thntinueQ Pha s e III 1) Owner or agent will att e nd at mErilmurn 50% 2) of the ARM meetings. The kRM m e etin g s must 4e competed within the renta l license prod aiid Wore the pending Type IV License expiration date. Reg i stration is not required, however yu must s ign-in during the meeting. Write two meeting fates an owner or agent plan to attend. Owner or agentwillL attend A.R .M. meetings scheduled on: 111 1217 arid 31,9117 1?i 2) Have no repeat code violati ons previously documented with the pest year. The fo ll o wing atn are required for pr o perties with four 4) or more units, 1)Conduct resident training annually that includes cnlme teb4nique s. 2)Conduct regular resident rneetings po,m 3,16 TppLs )V ? Ucemse Mrkin P4 Tv. iy t1dC1e—Bui1din *nd CDm ty1IUId1T P]Tmmt wflotbroriLer ODT Shlr^g le Cree k aroifCentf, !N M UM-21 99 1 Phan: Q 6-33Q I TTY: 711 1 Fa x: ^Xa) 56'1-3360 BUILDING AND CQMMUNrrY STANDARDSAT.V ity.oiOIrLyN 2113 5riMe N j Renta' License 7Ml]atori PlanCENTERType IV L i cense Stfon —Lon Term Capita! /mpmvernent Plan Based on contii1iori and aa estimated reptaceme ntdEite.s need to be provided for common capital items. Funding shou l d be considered accordingly- Items that are biokeri1 worn, or otherwi s e i n violation prior to the estimated replacement date need to be re placed sooner. All itarris mu s t have date for Etirm odRep ceoien De. Dates such a: unsur ort know', or wlien broMn"wf[l inot bea000pted. If you are unsure of when an item Will need to be rept d you can make a prediction based on the a g e, appearance, condition, or rnnWactur&industry rommendatIoiis Additional information on Epetad U se ful Life can be found at Miicg0v . Water F-teeter Jv1I 2013 K i tchen Appliances July2013 Laundry AppIinces July2013 Smoke Alam'si Carbon Monoxide Alarms July 2013 Exterior iiem PaintiSiding July 2013 Windows JVi)2013 Roof Jury01 Fence July 201 Shad Ju ly2l Garago July 2013 Driveway July 2013 Sidewalks July 2013 Othec Cciidiiri Abbrn.: Cond1iion* F 0 N FL'1 0 0 C C 0 F F GoG Fair-4 N eeds RepiacicM=R xpected Replacement Date May 2020 July 2021 July 2023 July 2020 July 201 AnAv -OV July 2023 July2023 Juy 2023 July 2023 July 2023 July 2023 July 2023 ,July 2.023 Item Date Last Replaced Earfe: Y'sf er Heater May 2010 Furnace July 2013 Pcje 4,.Z Typ9 IV fte,10af (gAn PMrn, Rev. City ipfo r4p p ld yn Cei — Ltdn td Co P tdr DoyrneM C!01 S Fi n1Crk Pirwt', Broc4yi cen ter, MN M4 31 0 ^21 99 1 PJir; (76 TN: 711 I rax: 05-3300 BUILDING AND COMMUNITY STANDARDS ____ yo 1P'N BROOIUJN 113 Rental License Mitigation PlanCENTER - Type LV Ltcenso SLjorr C—Seeps to Improve Manago ment d Cotiditon5 of Property The iterna in this aeclion have been proven to .assist with property mangernent and property image, The following actions are required: I) Check-in with tenants every30-days, .2) fllve by property to check for possible code Violations. 3)Evict tenants in violation of the lease or any addenthirns. 4)Remain curtent or all ufflity fees, taxes, assessments, fines, penalties, and other fi randal clairn&payrnents due to the City, El 5) Tlie following actions are optional unless required by the City LII i) Pride lawn1snow 2 Ftovke garbage service. U .3) Install security ytern Provide maintwlarKe seivloe plan for appliances. Name of aaMce company: J 5) Othem If the Type Month Rental LicenseIs approved by the City Council, th riensee mt -comply with the approved Mitigation Plan and all applicable City Codes, A written report must be ubrnittd by the 10th clay of each month with , opdate of actions bol ng taken by the owner dr agent to comply with this Mitiatlon Pkri. A oopy of the Monthly Update can be found on page 7 A fillabte form can be found on the City's website at ww.ci ofbraoklynconte', org or call (763) 530 to have an alectronlo copy sent to you via email. Please attach ad4tora1 information If necessary, ?pa Ran, Rsv. 4-14-15 City of RrooWyn Ce11ek'—Bu111J1 rnttixiliy da1 tp -ttuen1 vrww,rJbrcInritr,or 5h1rig1 Coic Pr'y, Crodi Cenler, MN 553O-21 EiS F Phnn; 7k') -n.M flY 711 I C751 3O-3O BWWiNGCOMM1fl]Ty STANXARDS BROdLYN 113 55Ih Awt North BrQo1rIn Cnt IB Z. CENTER PROr'ERTY 4DES • •.• F verify that all fnforma5an povidod Is true 4W vccurae. I undersand that if I do not oomply with the ppro'.ed Action Plri, comply with allkms w1thn the lietie period or opwete beyond the 1icen.e explr1on date., &if met cjctiorj such a dttion, thrm.l complaint o lIcene rtYiew may , rouFt. arb $r t1rj 'ShBred re Own er CT Fthi) Qi&or Addithiaf Ciwior orAxF Nr Tirh PtUr) AthThrI Owner orAperf SntiJ (ii/pJ-ib) Cti> sta ff Only ds Depart Dah3 paps 515 City D!BEoBkiy o r—Butiing and CommunUy ar Dip&Arbonj 001 OrE'Pky, Brackyn Center,MN S543D21E$ F TV; 71 City C©i1rffldll A genda I[tm N0 10 #II2 [EI1IJ[SJ I fl V I Dk'A I I flk4 (I] 1I1 USJhII DATE: February 13, 2017 TO: Curt Boganey, City Manager FROM: Sharon K nutson, City Clerk J114* I^M^ SUBJECT: Type IV 6-Month Provisional Rental License for 1425 55th 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 1425 55th Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a 1 building, 4-unit multifamily property. The previous license was a Type IV Rental License issued on August 08, 2016, on condition of adherence to the Mitigation Plan and City Ordinances. The property would qualify for a Type I Rental License based on three (.75/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 attend Owners/Managers Association Meetings. According to City Ordinances, if the requirements of the license category and the Mitigation Plan are not met, the license renewal category remains a Type IV. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the continued Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. The following is a brief history of the license process actions. IIission: Ensuring an attractive, clean, safe, inclusive contiuwuhly that enhances the quality ojliJC for all people and preserves the public bust i1IJ(iJ I fl V I k'A U I M'4 ti) 1i 1SAtl Current rental license approval activities: 08-15-2016 The owner, Trung Duong, applied for renewal of the rental dwelling license for 142555 th Ave N, a 1 building, 4-unit multifamily property. 09-08-2016 An initial rental license inspection was conducted. Three (.75/unit) property code violations were cited, see attached rental criteria. 09-19-2016 A second inspection was conducted and passed. 09-30-2016 The previous Type IV Rental License expired. 10-05-2016 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 10-05-2016 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. 10-13-2016 A $125 Administrative Citation was issued for not meeting mitigation plan requirements. 10-21-2016 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. 01-24-2017 A Mitigation Plan was submitted. 01-26-2017 A $300 Administrative Citation was issued for renting without a license. 02-01-2017 The Mitigation Plan was finalized. 02-03-2017 A letter was sent to the owner notifying that the hearing before the Council will be held February 13, 2017. Prior Type IV Rental License approval activities: 02-05-2016 The owner, Trung Duong, applied for renewal of the rental dwelling license for 1425 55 th Ave N, a multifamily property. 02-12-2016 A $300 Administrative Citation was issued for renting without a license. 02-26-2016 An initial rental license inspection was conducted. Five (1.25/unit) property code violations were cited, see attached rental criteria. 03-10-2016 A second inspection was conducted and passed. 03-31-2016 The previous Type IV Rental License expired. 06-07-2016 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 06-07-2016 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. 06-27-2016 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. 07-18-2016 A Mitigation Plan was submitted. 07-22-2016 The Mitigation Plan was finalized. Mission: Ensuring an alt ,ucth'e, clean, sate, inclusive commiuflv that enhances the quality ojlfe for all people and preserves the public trust [EI1119[6 I fl I V Dk'A UhYA I *LA (I) 1I IlIJk'A I 07-29-2016 A letter was sent to the owner notifying that the hearing before the Council will be held August 08, 2016. Previous Type IV Rental License approval activities: 06-29-2015 The Owner, Trung Duong, applied for renewal of the rental dwelling license for 142555 th Ave N, a 1 building, 4-unit multifamily property. 08-12-2015 An initial rental license inspection was conducted. 13 property code violations were cited, see attached rental criteria. 09-21-2015 A second rental inspection was conducted and failed. A $100 reinspection fee was charged to the property. 09-30-2015 The previous rental license expired. 10-05-2015 A third inspection was not conducted no access at time of inspection. A $100 reinspection fee was charged to the property. 10-19-2015 A fourth inspection was conducted and corrections were complete. $200 reinspection fees remain due. 11-06-2015 $200 reinspection fees were paid and license passed. 12-09-2015 City records indicate one (0.25/unit) validated police nuisance incidents occurred in the past twelve months. Incidents were 04-22-2015, disturbing peace. 12-09-2015 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 01-06-2016 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. 02-04-2016 A Mitigation Plan was submitted. 02-09-2016 The Mitigation Plan was finalized. 02-12-2016 A $300 Administrative Citation was issued for renting without a license. 02-12-2016 A letter was sent to the owner notifying that the hearing before the Council will be held February 22, 2016. 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, 1. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. jlIixsion: Ensuring II/I attractive, clean, safe, inclusive contuflu ally that enhances the quality of/lie for all people and preserves the public trust [S1SJ[iJ I I N IhYA U'A I IA (1) 1I WJi 2. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5.Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Mission: Ensuring an attractive, cleais, s1è, inclusive conhiflunllV that enhances the quality oj'llJè for all people and preserves the public tins! $1II[iJ B N I N 3kTA U I M4 [I] 1I I1IJ I Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Mission: lfnxurThg an aitracth'e, clean, safe, inclusive conununity that enhances the quality oJlzfi_' for all people and preserves the public tins! [III1U[J I fl U U IA I I 1k'4 (1) 1!AI I1IIh1 Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I - 3 Year 1-2 units 0-1 3+ units 0-0.75 Type 11-2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months -2 units Greater than 8 units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) 0-1 Number of Units 1-2 3-4 units 5 or more units 1-2 3-4 units 5 or more units 1-2 3-4 units 5 or more units 0-0,25 0-0.35 Greater than 1 Greater than 0.25 Greater than 0.35 Greater than 3 Greater than 1 Greater than 0.50 License Category No Category Impact Decrease 1 Category Decrease 2 Categories but not more than 3 but not more than 1 but not more than 0.50 Mission: Ensuring an attractive, clean, safe, inclusive conununity that enhances the quality oflEft' for all people and preserves the public trust [i1uJ[S1 I U I V Mk'A U I Mk'A (1) 1II P1BJYA I 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 1425 55th Ave N 41/scion: Ensuring an attractive, clean, saf, inclusive community that enhances the q:ialhj' ajlfe for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 1425 55th AVEN WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 1425 55th Ave N, was issued a Type IV Rental License on September 09, 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 1425 55 th Ave N, Brooklyn Center failed to attend Owners/Managers Association Meetings. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE IV Rental License is hereby approved for the property at 1425 55th Ave N, Brooklyn Center, MN. February 13, 2017 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. BUILDING MW COMMUNITY STANDARDS______ CiyciBROOXLYN kiental License MItJfjatiti Pr ________ TypVLken ThniwrXtn Allfigation Plans Will not be accepto d, A fiIn1e fcrrn can b found on the Cty E'bSItC at vwityofbmükIync€in4or,o w calt (7) 369-330 to have arcopy sent to you via email, PropNy Acldre55: t12 &ih M'e NBrrrnkfyn Paw,Mr4 Ownr' Nairne(s)i 7rung Duor Dwnt' Addre: 1227 121h Girdle NWCor Rapids, MN 55449 owtier's Phona: ErnaTII IJuonxx@yahoo corn Current Exp3raIon Data: LaiAgent(): Agents 1Addres.s Aganr Phone: AertEma]I: Pending Epitathri Date; 2131117 ttr1IiThim turreni xpkn) BasEW Dfl propry conditions and/or vaIida1d pblice nuisance incidents, tha above referenced property quaririe for a Type 1V45 Month Rental Lioenae. Pilot t app1icoton approval by the City Co'n'M a. fully completed Mitigation Pian nhi4si be cQmpfeted and approved by City sthff, A Mitigation Plan must b rnpeted immediately in ordor to enaura timely completion of the llcalnso pploson. process, The Miligat[ori PIia sliduld indicate the steps boln taken to orfect identified vEdatlona andth rneaswes that will betakeni là ensufb oriong compliance with City Oiirincas and applicable t4des, A Mi1itifl Plan eliowatlie owner and the City-to review concerns and identify possible solutions to Improve oerail conditions of the properly. Ifhe Mitigticn Plan Ic not uhrni1ted, and altltans are not completed within the ipendlno license period, or the above roperty operates beyond the lJtorte explt8tiott date enforcement aclioris such as ctttion formal complaint, or 1icense ieview may result Before subroltiln.0, flit -oLd Sectkins A F B, and C Ioated on pas 2, 3, 4, and TJ VJ Uc.virj lii RM, RW 4-445 CtEy of irok1yE CnlaBuiidhig nd C nwmfty mcawcL t-Lu*,l IclyriIer.r ahirb Crrk Pa kw'y tri4dm tErr, MN 5543O-21 Phn (70)W3-13X TTY: 711 I F- (7)-93Oi BUITIflING AND COMMUNITY $TiARDS Llo onse Mitfoation PlanCENTERTypo IV iJsio Sections A—CIthe Fro Hoavng Progra m Rciiiemen'ts Fhaso I fJ 1) Use awrtten lease agreet1e, The lease.agreementhaIiiluthe Grime u sing Lease Addendum, A copy of th leae ag Tectmanttd Crfrric Fraq Niusirj Lao Adddurr rmit be attachci tQ the Mitigation Plan when tubmitted, 2)Areeto pursue lh termination or Ieae areerner et sviion offenaniswho violate the t orma ia f the leasa or.2ily addendurns, 3)CenductcrrninaI background hek for all now propective ton ants, Uitis a current tenant a new h kgrd check is not requlred. Must bo able-, to provide docmmentatiori to City if requested J 4) Attend a Cy approved gh-hour Crime Free Rbvuing ffaining cour5e, InfecrnaHn kr approved coures Can be found at ww,mnopanet under the Trainif?g aimd E vents tab. A copy of the Crime Free Housing Crtifkate nnustbe Rttachod to the MtIgatlori Plan when uhm1tted Crime Free Hoing training wa completed on/is scheduled for: 41Di12 Owner or agent atlendedtis planning to attend trainIng at city of CtnRapids, [] 5) $t,xbmt Monthly Upde by the 10' ctay of eoh month, Fhae II YJ 1) Complete a Security A &essrnont8nd irnplernarmt rnpmvements requsied by the Brooklyn Center Polite Department, To sf,,hedule an Initial or follow-up SecuxRy Assessment, ccii (763) 5-3344 A f&tOwi.lp assassmorit must ba completed before the Ilense expiratiori date to verify the security Impravernents have } lmptniented. if a Security Assessmoni has been prevteuy completed, wrlite the completion €mecurily Assessment was competed onFis sImectmtie for: Security Ascarnent follow-up wAs aempleted ontis scheduled for: Continue Sactiorme A Phase III onpacje3 Fego 4445 Iiy of Rrobklyn C ty—Bu1Lttht .Ltd cornmvntly td pu1rnnt wthIrar EI01 chm-k Parlavay, Hi Ld'i Crnti 1 MW 551.'-a19 I PIici 17 j TTY 711 r 1x (7 't 3 U 13WUNG AND COMMUNtTY STANDAPMSX01'r V1cnP1r Icp1N Rental License itigt1on Plan Type IV License S1o6 A -Cthne Ftoe HQuing Pi'a-gram Requi mMents (cniwci Phase UI F,/] 1) cm-nor or agent will attend at m1nimurn Wk (2) of the AftM. meetings, The AIIM, nioetings rnui bD complotod withiki tha rental lierise period and bofore the petidlrg Type IV License expiration date, Registration Is not requird, hver you must sign-in during the meetin Write two rnooting dates an owner or agent plan to Owner or agentwit! attend AftId meetings scheduled ' [] 2) Have no Tepe2t cde violations pre1ou1y documented with the past year, The f0ciw1n tions are required for Proportles with tour (4) br moNu nits, 1) Conduct reldht trth,inj annoally that includes crime prevention tothniques, .2) Conduct reuIar resident elne .3 7'? fl'Rja1 Uiit Mi1(rJc) PIiFi Rw 444 CIlyofBrooklyn Cr—uilUng and Comi1y I01 Shifiva Creek parkway. rthFyn Crttr, P11443O21 f Pt-rnr; 76) -33O I lTf: 11 I Fax: 5-33& Itoi'r Exmp1e: Water Hester Fu rnce Water -eater F<itohen Applin n ns Laundry AppIa nc Date Last Reptuvect My2OW Ui<r.'n UnRrrrnn Rent Ruouit Smok AIaFi1aJ Crbon Monoxide Alarms Exterior Items Pa!nVS!dirtg UI1kOUW Roof 20(13 1JThT1NC flNi CMM11UflAflTJS CI1rf ?1grIP1U/IN - j RtI LiconsaWfigation PlanCENTER Type IV License t}ons -Lg Trn cpItfl hnpr varnn Pkm. Based on con di1on and age, estimated repiacement dates need to be prvided for common capital terns Pufldrng should be conIdrd rdinly, ittrnt thot Are Woken, worn, of bthN in viJ oInAlonp-Hidy to thii eslArnatad replacement date need to be teplaced soon&r All Items must have a data for EsAtnatod R-oplac orwantDat Dates such ra1 4 do 1 ow" or"when broken" will not be accepted Uyor are unsure of an item wLlt need t be replaced, you can make a pretllcian based on Uie age, appear9iioe condition, or man ufactur&indusry recommend alions. Md1tIiiat 41fainial,,011 en peied Useful Life can be found a onditon Expected Replacement Date May 2020 G May201O *3 *3 May 2030 G M2.Q30 0 2020 May 2020 G ry2aEO N :4j 2035 Fence Shd Garage Driveway Swlka Other: NJA 0 0 ML' 2050 Wy 2050 May 2040 ordfflon Ahbrevlstlrins: NewN GccdG FairF Needs RpfcatnGnR Po 4i VRqpjar Lkwse,0AWg.q6hq Pir?, Lty btyn C er.—Bi,ilc!Ln and C6ftutLUkAtySiaftdards Da1KItt w,w y1bro&PpTl1nI& 010 91 shirela Oruk lsjk.wy, ?rvc1chi Cr*lrMM 43219 [ P1tôn (76) E330 I Mi 711 1 F.$c 7E.3) 191tLN D COMMTJIITY STANDARDS Cit fR N 1425 65th AVO N Rental Liconse Mitigation PlanCENTERTypo WLFro SeLlon C—SpE ti Improve Afanagameng and Con di ffons of Property The items in Us section have been proven to assist with property management and property image Tha folliovAntl attti re reulrod: [] 1} Gheok.irL with tenants every 30days.LjLj 2) Drive by property to check for possible code violations J 3) Evci tenant in violation of the lease or any addend urns 4) Remrn current on all utility fee taes assessments, fines,penalties, and other rinni1 utaimsippymenls die Ilb The City, ) Oher: The Mtowlno aotionsam opti1 onless. required by the City. I 1) Provide tawt/snow service. I 2) ProvFde garacje seivice, I 3.) install 5eourity systems I 4) Provide maintenance service plan for appliances. ltarrie of service compny: Other; (the Type IV-6 Moth Rnta1 License Is ppet by the City CniL the lierjsee must comply with, the approved Mitigation Pln nd alt ppliabIe City Cvdea A written report Filu5tbe ubmltLod bytho 10"'day of each month with an updato of atflohs bolkio taken by the owfwr andior aet4 to PQmply with this M itation Plan, A copy of Monthly Update can be found on page 7. A ifilable toni can he found on the City's website at viumixityofbrooklyncentenorg or call 73) 40 to have an ci npyenttoyovia. amL Plea-se attach additlonal1tiforniatkn lfnaary. P1 - 4415 CiyIBtho1yn GExA&Y—Buhdhtq eitd COMMU1111Y SWidaidH D rT&c - - LHIC 63M 5hinilrCrt P*viy, 9rgn Csitor,N 4-1 Phnrc (763) 1 1183-33M 1 TTY: 7 11 1 BULmNG AND COMMUNtT STAND.MWSCity f vs NN BicckIkMN Rflt1 Lkon f1itratork Plan Type IV Liconse in and VorJfy I vorily that all information providcd .i true and accu tte, I u crt nd that if I do not ompy with the ppraved Mi1ion Plan, comply with a 1 iferns with In the license period, or operao bjondthe Ire expiiütion date, eRforceien ions such ctaiiens, frrnaI com1nt. or [icon review may res uL Triirj Duon Cr ert ji! Menle and TI Pdr(J Ow / tO'2D/2O1 $nikr Additxia 0 wr or Aq ej )AtomO .V7d Th9 ;) ,triri Own er Sgnare (o&) city staff Ony QlrTr?f 42k 1JfriundCc4irx.viy Sfa'idir: pirVrnp.r ,/ j T? N R W L f City cIRFOOMYR c fr—i1i. Communi ty &fand-s brrt ,vii rtr.ora O;0 1 S h rg 0rk P, jrw', -P. r ej C W y - n Gu n I c r N r4 5 S ,121a r- i& C33z3c I Tri 1 r'- 3 5E3C' Oty Cu©ll Agenda Hem No. A,% 401IJ(SJ IU N N k'4 UhYA I (I) 1I )11IJ I DATE: February 13, 2017 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 2833 67 " Ln N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan, Resolution and issuance of a Type IV 6-Month Provisional Rental License for 2833 67th Ln N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family property. The previous license was a Type IV Rental License issued on October 10, 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 for the past twelve months. However, the owner failed to comply with the Mitigation Plan and applicable Ordinances, failed to attend Owners/Managers Association Meetings specifically and turn in monthly updates. According to City Ordinances, if the requirements of the license category and the Mitigation Plan are not met, the license renewal category remains a Type IV. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the continued Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. The following is a brief history of the license process actions. AJision: Ensuring an attractive, clean, safe, inclusive conzinuiuty that en/lances the quality ojlfC for all people and preserves the public trust EI]Jh[J I U I k'A U'A I Dk'A 0) 1I P1Uk1 Current rental license approval activities: 09-29-2016 The owner, Konrad Wagner do Phil Beaumia, applied for renewal of the rental dwelling license for 2833 67th Ln N, a single family dwelling. 10-10-2016 An initial rental license inspection was conducted. Two property code violations were cited, see attached rental criteria. 10-31-2016 The previous Type IV Rental License expired. 11-14-2016 A second inspection was conducted and failed. A $100 reinspection fee was charged to the property. 11-21-2016 The $100 reinspection fee was paid. 11-23-2016 A third inspection was conducted and failed. A $100 reinspection fee was charged to the property. 12-06-2016 The $100 reinspection fee was paid. 12-07-2016 A fourth inspection was conducted and rental license passed. 01-05-2017 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 01-05-2017 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. 01-24-2017 A Mitigation Plan was submitted. 01-29-2017 The Mitigation Plan was finalized. 02-03-2017 A letter was sent to the owner notifying that the hearing before the Council will be held February 13, 2017. Prior Type IV Rental License approval activities: 02-16-2016 The Owner, Konrad Wagner, applied for renewal of the rental dwelling license for 2833 67th Ln N, a single family dwelling. 03-10-2016 An initial rental license inspection was conducted. 9 property code violations were cited, see attached rental criteria. 04-30-2016 The previous rental license expired. 05-05-2016 A second inspection was conducted and failed. A $100 reinspection fee was charged to the property. 05-19-2016 A third inspection was conducted and corrections complete. However, the $100 reinspection fee was not paid. 06-03-2016 A $300 Administrative Citation was issued for renting without a license. 06-22-2016 The $100 reinspection fee was paid and license passed. 07-06-2016 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 07-06-2016 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. 07-20-2016 A Mitigation Plan was submitted. 07-22-2016 The Mitigation Plan was finalized. Mission: Ensuring an attractive, clean, sap, inclusive comJflhinhtV that enhances the quality ojLfe for all people and preserves the public IJUSI [EI]JJJ i aIhY4 Uh!A I h'A (I) t1I P1II I 10-03-2016 A letter was sent to the owner notifying that the hearing before the Council will beheld October 10, 2016. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 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 Mission: Ensuring (iii attractive, clean, safe, inclusive coflhifluflitv that enhances the IJllOIitj' ()jlfe for all people and preserves the public trust [i1SJ[iJ I R I I M l I DI!4 [I) 1iI I1IJhY I month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year; License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. JI'Iission: Ensuring an attractive, clean, safe, inclusive comnuunhi.V that enhances the quality of IIJC for all people and preserves the public trust [iII1IJ[J I N Mh'4 Uh'A I (I) 11I I1Ih I Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I— 3 Year 1-2 units 0-1 3+ units 0-0.75 Type II - 2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 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 connunisity that en/sauces the quality of lsft for all people and preserves the public tins! [EI1IJ[J i U I K'A L'A I k'A [0) 1Ii1IJ1 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 2833 67 Ln N Mission: Ensuring an attractive, clean, suf', inclusive commuinty that enhances the quality of 11ft' for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 2833 67th LNN WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 2833 67th Ln N, was issued a Type IV Rental License on October 10, 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 2833 67t) Ln N, Brooklyn Center failed to attend Owners/Managers Association Meetings and 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 2833 67th Ln N, Brooklyn Center, MN. February 13, 2017 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. flU1iG AND coMMU STANDARDS citv.o1TB1OON Rt L}eIte Mti on Plan Type IV License tvrtfn1410gatlop pla ns wfl fjo i b e aocepfed A. iLflbe form can be found on the CItys wbsfte t LC tyi ok rctQrorg r cl1 (763) 9330 to have an electronic copy srt to you via erni1 S. Propr1y ALtdreS$ 233 eim I - Own 01's a e Ksnmd Wo nrT LoAfl)Niki UeOUMIS W f41 Agnt Adcre$S 3EX Aren BId W I SQO38UI America,.. .. '55,.0lri 1 MN5-41 .5 .5 S S I , S._5_'5._S 5 5 5. efltP 92) 6-U3oQi'rier phon (952) IciEEnta1s.con•Agert'E.rnl': CujrnE iretiOr Date lMtrla Pon' Eqjira1IoDate t17 Srz 81 Q0S . S5 S -5 .5 5 ., Based oil property condifions andfor VO-.dated ptica nuisen'5 incderrte the above 1erenoed property qualifies for a TyPe iV6 !Ionh Rental lJoene. Prior to applitiafl apprn'l by the City CouldIl:ftiUy, completed Mhigatlori Pan muet be completed and pioved by ojtV staff, A Mitl1on Plan must e cmpleed lmmedat1y in oider to ensure tJ.mely corlpIt2Dr the license application poess The Mfign Plan hQuld indicate he steps being taken to coret ldenifie vola1ions and the measures that Will be taken to eWO ongoing compliance with Cit Ordinances and applicable codes A MctiiGfl Plan afloviz the owrer rd the Cy to review conceins arid idn1ify possible solutions to Improve oijerall oo41Uoris of the prapertY If the MitiIon 1Lr Is not jbmitted and all itnis are lotcomplod within 1he pending Icense pertod otthe above property operates beyond the iicensb expirflon date ericorcement tons sij ch as b'f foirnLccinPiaiit, or lkne reViW may ret1t. Before ubniitLir fill.o Ut Sectl ons A, B 1 atid C tocat?d On pa.a5 Z 3Y 4, and S. Pi 116Type. V nrLiL flO.9 P çir 1. 4-144 dj ag au mLa DeprmlkttOf Lut 2Di iireotl rathJp1 Center, ?AN 54-2I 6E' 1 rhcn; (7) E6.-33O I TtY: 71 I sex; (763) 5-3) AMINNEW BUILDING 2ND COMMtJWiI'Y STANDARDSCity of BROOJUJYN 283367th Ln N J Rental Lfcanse Mitigation Plan Type IV License S oc&n A—Crime Free f-Iousfng Program Rwre Men s (o,rweci) Mae I II 1 71 1) Owner UI agent will attend at minimUm O9 (2) of the ARM, meetings- The ARM. - metirigs must be cornptd w4thin the rental lkie pe r! and boforG th e pending Type IV Liconsa expiration date. Registration is it required, hewvr you niirLiri-En during the meeting.,Write Wo meetfrig dates an ewni or agent plan to attend, Owner or agent will attend A-R.10, meetings cheduIed o [j 2) Have iio repeat code vlolaiorts previously documented with the pasLyer. The fQIown9 seflons ara req uIrd for praperties with four (4) ortrwre tinits. [J 1) Conduct resident training annually that includes crime prverlon techniques. J 2) Conduct regular reIdeit meetin-. P &V Typ7 WRzmW Lase YAWN.kcm Pi& 4-44S Cy of 1yJIer—Bui1dixg and Coiiixri-unity Stads Depaviltwnlww,rrintt 6301 Wjimglepr40KPpryviuy, BrcciMn Cnter, P/i C-21 I Fh• c13- YTY:711 f F BUILDING AND COMMUNITY STANDARDSCity ofBROOtLTN 2E2 7th Ln RenI Ljise Mitigatlon PlanCENTERType IV License Se ctron B—Lon Term Capt1 ftptcVement Pfrrn Based on cend Uon ard age, eslimated pLa'enient dates need to be provided for vornmn caplai fterns. Funding should be considered. acmdlngly. Items that are brokcn warn, or otherwise In vioFaton pror t o the estimated roplacement date rieod lo l replaced sooner. All items must have a date for Est&xiteci Dates suth a unsure'"don't kroW1 or "when hroken will not be acccptad If yau are unsure of when an item Will need, to be reptaced you can make a prediclien based oil the ago, apperne, condiion, ormanufatur&lndus1ry cnnendatks., Addional information on Expected Useful Life can be found atAwFudgo/. Item Date Last Roplaced Condition*Expte Rplacerncnt Data xampie Weer Heater M ay, 2010 Mey 2020 Furnace June 2014 N June 22 Wale Heater /;uu2010 M August2026 KIche.n AppIianoe 19 F 2017 Laundry Appliances 1996 2021 Smoke Alrrn& Carbon Moroxide Alarrfts Jaiwvy 201 EXt ElrjOr Paintd lnq 1 4:P Windows 1982 Roof 2004 Fence NIA Shed N/A amge 1982 D rlvewy 2005 Sidewalks Other: CBrpet 20152 N January 2020 6 2024 2Q22 G 2034 IWA 2022 2028 C 205(3 N 223 eC o nditk n AbhrBte1on N=N G>='O FiFP Noods R€ain1P Pagg 4,16 TyPA /Y E1(& L1ii.i /3?, 4445 ity of ErPoWyn CertiLY—Building and cuiAy 5tIne Crk Pkw, B'oci1ii Ctr, MN 5.5432I5 Phrn (?3a) 3-31) 1 TTY 711 F: 763} $ BUILDING AND COMMUNITY STANMRDS tdbL?N 253 3 6 7th LnN Rettai Lkne Mitgatkn Plan Typo IV I-leense Secti on C—Sm Improve Mzgment ond cothrons of Prop crty The horns in this seoflDn have been woVen to as&1 with property nnaerneiit and properly irnae The follo'Mrig actEons are required , fj i Chec-ifl with tenants 30days. LY J 2) Drive by prop-20y to check for possible code violations. yj 3 Evict tenants in vio1atiri of the leaso or any adndums. I!1 4) Remain ciricnt on all utility foca, txes rtents tina, penalties, and other financial ci3im1pyrnents due to lhe, Ciy El 5) The followino actionsam opUonal unless required by the City. LII 1) Provide lown1snow 2) Provide gate siarvice, E 3) Install surity systern El 4) Ptcyido maiRterLailce apwce plan for appliioea tiame of servico cornpny: D 5) Other: If the Typo V-6 Month Rental Llcen.se is approved by the City Council, the iicoiisee must comply with the approved Miii.n Plan and all applicable City Codes.. A wrftten report must h submitted by the 1 UP day of each month with sn up datt of a 011ons baln g taken by thowner ander agent to comply with this Mitigation Fian: A copy of the Monthly Updie oii be found on poe 7. A (iiiae form csn be found on the CiWS websito at Wwcityofbmook1yncenteLor or col 763) 4330 to havea n electi -onic copy sent to you via .rrtai•. PJa5e attach additional nEorniat]opi if necessary, Page 51E Lics Pri F? 4- City 44P rj2ktpi. Cecdin g an d Commuz1y Sidd Dpatnht wdcnc1ier9 e:61 5i ckPrkwBy, )itr, MN 554304!19 1 Pt-one: (7E1) 3-1O I 1T 711 1 I: [?5 5 0LS3 X ^B R^- ^^ BUILDING AND COMMUNITY STAND" S ROULYN ENTER {3 07th Ln N Rent a l Type IV License SjF and Verify I verify that I1 inform a tion provider is true and, accura te, I under s tand that if I do not comply with the approved ii.tion Pl a n, comply with, a ll ft e m5 wthin rhD hrse perod licen s e cpIrtlon elate, enforcement actions ch s ciatlri, format cotnpl&ils, or license review rmy re-ult. Nicki B ea v aiw. {o Fra ser), Ply Mna Ow rrAnNi me a nd rr(RI'vase Fnij - LL. 017 Orer i1jj &ui ?)Y P:9 tnr) AdSTkjyij? Op,Tr Air 7t? (if 'sl Dera City Safrry - Poke rnGn DZIS 7y Dafe./ Crnr?1wiy &'idith Dc'padmttir /?eV 4t4-f City or fliI yn CeMay —P ui l dtng tLnd Gornmunky dM Dtmn ul cFrronc?rtr c I9 BokIti 01t8r, MP ;E5 4 311-2191 (763,1, 0-30 I 11?; 711 1 Fx f7.3) 330 Cilty C©llnfi©ll Agenda ilern N©0 Apa #Ik I]JJ[IJ i I I IhYJ U I k'A (I] t11I 1IJJ DATE: February 13, 2017 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 2913 Nash Rd Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan, Resolution and issuance of a Type IV 6-Month Provisional Rental License for 2913 Nash Rd. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family dwelling. The previous license was a Type IV Rental License issued on June 13, 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 (7) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. However, the owner failed to comply with the Mitigation Plan and applicable Ordinances, specifically failed to complete security improvements. According to City Ordinances, if the requirements of the license category and the Mitigation Plan are not met, the license renewal category remains a Type IV. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the continued Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. The following is a brief history of the license process actions. Iktission: Ensnri;ig an attractive, clean, s'1(fe, inclusive conununhty that en/lances the qualltj' of/ife for till people and preserves the public trust [iiS1SJ[SJ I i U DkTA Uh'A I k'4 (I) 1iI )lSIk'kI Current rental license approval activities: 06-02-2016 The owner, Urban Enterprises, applied for renewal of the rental dwelling license for 2913 Nash Rd, a single family dwelling. 06-22-2016 An initial rental license inspection was conducted. Seven property code violations were cited, see attached rental criteria. 07-21-2016 A second inspection was conducted and failed. 08-31-2016 The previous Type IV Rental License expired. 10-11-2016 A third inspection was conducted and rental license passed. 12-06-2016 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 12-06-2016 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. 01-10-2017 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 01-20-2017 A Mitigation Plan was submitted. 01-27-2017 A $300 Administrative Citation was issued for renting without a license. 01-29-2017 The Mitigation Plan was finalized. 02-03-2017 A letter was sent to the owner notifying that the hearing before the Council will be held February 13, 2017. Prior Type IV Rental License approval activities: 12-16-2015 The owner, Chen Xuan Zhou, applied for renewal of the rental dwelling license for 2913 Nash Rd, a single family dwelling. 01-08-2016 An initial rental license inspection was conducted. Nine property code violations were cited, see attached rental criteria. 02-09-2016 A second inspection was conducted and failed. A $100 reinspection fee was charged to the property. 03-30-2016 A third inspection was conducted; corrections complete. Reinspection fees are still owed. 02-28-2016 The previous Type IV Rental License expired. 04-12-2016 The $100 reinspection fee was paid. 04-13-2016 All corrections made and rental license passed. 04-19-2016 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 04-19-2016 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. 05-09-2016 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 Mission: Ensuring an attractive, clean, saf, inclusive co?nrnnnhtv that eflhl(IIWCS the qtuillj' oJ'Isft for all people and preserves the public trust [EI]JI[IJ I I Dk4 Uh'A I Dk"A (fi 1I 1 hJ!A1 rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 06-03-2016 A Mitigation Plan was submitted. 05-31-2016 The Mitigation Plan was finalized. 06-03-2016 A letter was sent to the owner notifying that the hearing before the Council will beheld June 13, 2016. Prior Type IV Rental License approval activities: 06-12-2015 The Owner, Godiva Properties, LLC, applied for renewal of the rental dwelling license for 2913 Nash Rd, a single family dwelling. 06-30-2015 An initial rental license inspection was conducted. 10 property code violations were cited, see attached rental criteria. 08-17-2015 A second rental inspection was conducted and passed. 08-31-2015 The previous rental license expired. 09-03-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 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. 09-17-2015 A Mitigation Plan was submitted. 09-17-2015 The Mitigation Plan was finalized. 09-21-2015 A letter was sent to the owner notifying that the hearing before the Council will be held September 28, 2015. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for Mission: Ensuring an (rItractil'e, clean, safe, inclusive conununhly that eulnijices the quality of life for all people and preserves the public trust I1SJ[iiI U I 3kV'A U I M'4 [I) t1I I1S1i a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Mission: Ensuring an attractive, clean, safe, inclusive conununhty 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: Ensuring an autracine, clean, sqfè, inclusive commuiutV that enhances the quality oJ'lit for all people and preserves the public fast IEI1Bi[SJ I N V V 1YA I 'A I (I] 1I 1SJ1 Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I - 3 Year 1-2 units 0-1 3+ units 0-0.75 Type II —2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51 8B .01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 71 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 allractii'e, c/ean, soft, inclusive community that en/i ances the quality of life for all people and preserves the public tins! [EI1SJ[iJ IU I I M'A U'A I DWA (I] 1I I1SIh'kI 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 2913 Nash Rd ?iJissioii: Ensuring an att,actii'&, clean, sqf', inclusive connnumty that enhances the quality oJljfe for all people and preserves the public frust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 2913 NASH RD WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 2913 Nash Rd, was issued a Type IV Rental License on June 13, 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 2913 Nash Rd, Brooklyn Center failed to complete security improvements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE IV Rental License is hereby approved for the property at 2913 Nash Rd, Brooklyn Center, MN. February 13, 2017 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. AMMEMOM BUILDING AND COMMUNTPY STANDARDS Cftyf ROOnYN RonthJ Ure Mfflgaftn Pari License Hndwrittn Mftigtkn PIn will ( be avaepted,A ffliable form can be round Pn the Ciys watysile at v.ity iO'I tror or can (7) 9333O to havo an Ecnic topysa nt to yw vi J4 i Na1idProperty ddress zrUOk1yflCeiBr, MN 954M Ownñ NJ( od ropai LLc Owner-4 Address: 6293 Peony Ln 1 Owner's Pliuie: (3i-4 Owners Em1 realtorc'nen@hotrnaii.com Current Expiration Date LoAE1t( Urbci irpr1 IrTDny W WanMarcus Paden 4M4coillMAnt ures t.1innjpo4 MN 41 Ager' EFicins: [6i2) 545-4550 Agent's Ems ft tony utba.n rentiXin Pending ExplriuWn Di: ri bn rnr (7 32ct on prerty oriditbn endfor viidated poice nuissnoe IneldOnts, 1ho abatie rfrertec pmpeily ror Ek Type IV-6 Month Rental License, Prior to appflration approval by the Oily Coun-cil a : fuliy cprnp1etd Mit Jo tion Pkin rnu be compietoci d ap?ovsd y City A Mitig21on Flan must be compked lrnnio8taely in order to ensu timely ornpleiion of the ioen&e pplictiir process., The MitlgsUon Pisi thiid indiioat6 the sieps being taken to coirect identified violations and the rneasirss that %MM be talKeri t, ensure ongoing cornplianca with City Orde$ and applicabl es. A Mitigation Plan alvs tha owner and the City to 1ew oonootns Bnd Identity psie kLtos to Improve overall cDridibrms infthe,prqperiy, the 'litgaLion Plan is not ebriltec and sI ileme ee not completted within The pending license period or the above pmprty øptes beyond the Ieio expirAWn date, ?ntcJreement acEons such as clb1i, 1Qmi umpknt1 or lkerse review may rcsut. Uekre submIttling, 16111 ,but Savtlen A1. B, and C kated on pages Z, . 4, and S. Pafle 1i rrij MZW PRu 4444 City eop in9i4 vrfty Dp&i±ran1 5HhI mIc Urcl"ft CH', M Ptwrx (&3j 5Z1I3O ITY: 711 1' (Th 5-3O iflflLN4 AND COMMflITY STANDARDS I?513 N'3 1ji RdBROOKLYN Brooklyn CBrnEr, MN 55430 Rental Ltcn,o M1,11gLIon Far CENTER TypIVUCi $eUois -CrimeFo Ho Protniat 1?qint Phe I 1)use a written lease agreement. The agreernerLt s1it1 include the Crime Free Hu5Fng Leee A4dericium A copy of the lease teemrkt wid Crime Free uhg LAdfldiuii piiutb attachad tp tho Mlttior Fla rk when 50rniltcL 2)Agranh to putsuo lbo trn1natbri or loa remert or '&tkri of tfrii9 wht Arlate the termu of The lease or iiy addr&n ) Conduct c1rnlriaI background checic for aP new prospective :thnants. if it is a current totlarkt w baiOgibuftd deck Is not ruq*Jliod, Must bea:hla la provido drniii ta City if requested. 4} Attend a City approved olght4iour Cdmc Free Housing training 14f atton for approved courses can be found at rnncpanat under th Tirdr 15*rtfs tab. A topy of the Cime Frae Hdosing Oartilcaie must be, attached to the Mitigation Plan Whim aub'iiitted. Cthne sFree Hothiq rin1ng ws vompFeted onis 5cheduled fbr Owner or agent aflenctediis planning to attend fratning atity of.'Z 5) Submit Monthly Update by the W, day of each nini1i, P.hae It J 1) Corrpiote a 8uriAscssrnent and Impkirnnt mprrnM rtetd byth S.ro1iyn Center Police Department To actiodut& an 1nIJat or low-Lip ec1ny Psse.siOti1 fl Th) 5&9334& A fUow-up esinient must be completed before tho t1wie prtJori Oato to verify the security irnproverneiits haie beer InipFemrilsd. If a Security Asssment s been previously completed o write th crnpItion date Security Assessrnent was wrnpleted on/15 actiethted ion W2506 Beurfly rnntfolowup was competed o&Ia athedtiled IOn Ccntinve Sections A Phase ill on page 3 .. 1pi WiF Lkt Mdi Par. Pv. 4 4 cfty f coitixiainl!y Td 13J11ti wkrenIrQrg 82i ShIrI C Paray, i1Jn Cth1e, MN $W215 I P; 333O I F1Y lit I V 1 _____ B1J]ITJING AND COM1UN1T? STAMAEDS Cily C! 91 Nih 1>dBROOKLYN lr ':CE•9z. I Ra1 Licen-se PM n Pi ntigL10 CENTER Type IV SociIot A—Crime Frao.HoWAU Pmirni Requ!rmnt ntJrtueii) Phase Ill {] 1) Owner or agent M11 and al. mtrIrtwii SQ% (2) of the A R M mee ti ngs. The AR M mif be tam p t a t o d with i n E1e e6 ntA l cn pthti antI before th e pfld1n Typ V 0 0 "0 e xp ira tibn date ia1Or i s riot reqiJre, howvr yOJ must sfl-rt dtj rij n-q Ihe meeth Welto 1WD rnG L!^bh.g des an owner (K a g ent plan to Owrror egeniIl attend ARM mein chedued am and S11!2O17 LKI M^nof2) Have no repeat code vloI1iona previously docwrientod vth he paat yar oI The fof f owingactfans a rt required for propert]e wth four (4) or nre tinits LII 1) Gtnduct.re d e nt traInIng annu al ly thl Irldmdes c ri me prevention tec1rnrque fl 2) Cnt regular resident rneetngs tkL1 7)ø JV RamlaU ke am KWq&0v3 fto, Rev. 4-7445 ty Of Q {11!.i aA4 CQ7m1uzit7 takiIti Dep4t &Oi $n I I T1Y:7i1 ATBRC O BUU.iDINO A1D COMMUNITY STAND" ofOKLYN Broklyn Contiqr,MN55 ,i30 Renta' tkerise Mitigation PlanCENTER Type IV L,eense Sections 113-Long Term Cpjt4 impmverneot Plan Based on condition and o, estimated replacement dates need to be provided for common items. Funding should be con&dered accordincjy. Item that are broken worn,or oilharwise Iri violalfon prior to the estimated rep1rrnt date rteed to he replaced sooner. All Items rLt have a f0t Eted ROP104VO O RI D rmtjos such s: 1it& da&t know or w1iw broken" will not be accepted. If you are unsure of when on item wl need to be repead you can rake prediction based on the age, appearance, condIflon, or manuracturefinclustry recommendations. Additional inorn a1or, on Expected Useful Life can be fourW at wwwhud.gov. Itm Example. Water Heater Furnace Water Heater F(Itchen Appliances May 2016 Laundry AppUances. MY 200 Smoke Alarmsf Carbon Moroxide Alarms h1e y 201 ' Goriditton xpectod Replacement Date F May 2020cEl May 2025 May 2t20 F May2024 May 220 My2Ifl7 Date Last Replaced May 21J W May IQ.QO May 2O1 Exterior iems FaintISiding Windows RQQI Fence Shed Garage Driveway $IdswIks Other: June 2016 July ieso May 2003 May 2010 May 2010 - iso 1900 - GEl E1 Gj .JurO .2017 July 2018 Ju1t 2018 August 20 2 5 August 20.25' August 2050 .liiy 2N5 duty 202-15 Co46on lioci;Nevjvaj GoodirG lrE1 Needs ReplaernentR P 4?15 Type I VR L' &JYFci Pt, Rev. 4-14 y of n1'-1yn Cclit WUU4 C muiiIy iidr4 vzL1 6301 5hinI Cr PEky, Brjn r-i1r, M 54U21E4 Phrt7 TTY 711 1 FJt: 9-33J UThiINt MW cc,Mu C]tyf L. MN 55430 Rental License MiUgeti on FlinnCENTER Type IV Uconaa Settons C-=-Steps to Improve.Ma nageMentad ConiI(1Qns of Property The Items in this sot1an have been proven to assist with property rnnaemeflt ard Property i The foiTowIrk &tlois are required , Ltj 1) Check-h wiUi trarda vry 30-da. j 2) Dfive by properly lo check for possible code vloratiolTs. 3)Evd tenants in violation of the lease or any addendums 4)Remain current on all utlifty ta, gissessryl4rits. fines, perialfies, and other 3nancia1 olaim-sipayments due to the City.[=1 5) Th e foll.owing acrons are optional unless required by the City. [J 1)Provide Iawn!now service. 2)Provide qarbageLIinstallsecurity systerrL 4)Provide maintenance service plan br appIiancos Name of service oompany'. J 5)Other: If the Type LV-6 Month Renial Ucene is approved by the City Council, the 16ensee mutcorrpiy With the approved Mltiaton FJin and all applicable , City Coôes. A written report tnhjst be submitted by tl10th day of each month with r update of actions being taken by the owner andlor agent to comply with thl5 Mitigation Plan. A copy of the Monthly Update can be found on page 7. A flab1e form can be found on IM City's wbtte at tyofhrodklynoeriler.org or call (16' 3),5t9-3330 to have an eloctronic copy ert to you eiaiL Pease attach ?dditionI nforrnatIoa If neceary. Type )YR4,10 VVxnSV Mib w City of 8rdy& tr..fluLtdi .. Cmmfty StafidAt4ft 6501 .hirilt Ork Pwy, B iiiCiitr, MH 5U1042199 1 Fr; 3) 96&MBO I TTY 711 1 F (7 60 BIJnDI.NG AND COAUVrMTY SThXWAEDS I City of CENTER Cenr MF 30 RnRentalLicense Mftka1Jon Plan%OÔHLYN TypWLicene Sign a nd Verify I vorfy that iall inorrnaior provided is true a nd aocura t e. I unders tand that if I do not comply with tue approved Mitiatiori Pian, co mply with all, items within the license period or operate beyond the l i ce nse xpiratioi da, enfrertni irs such as cltatiwi. forml carnpIaint. or Iiccino roviow m a y ieS1L Tony W&rnnr Prope r ty lrgtr OtvierorAgeri Name end i (Ple a se Thnr) Nv ,.-IfA^genr Signature 1'2012017 bst Owe - arAoent Name 7!IIe (f pp(Stb., ePFJJ &ut (If App Date ffO1y 7 4C4iQ Ct P&Ice parrnr IX ill 9 // z / &' //:z/ DJe7 Typo ?V Per? L?cere ! !aFic, Pi, R. 4-5 City bf I3riIdu d Oiittfty St a tI flx'ci VAWW, rJ tYO',%rocriar.r 32)1 iingO FKwy, BroKi Cntr, M14 3500-210 D I Rione: 76,]) 53Q I iT, 711 1 Fax - ?t13 -3 CLty C©ndli Antha Ifrn N©0 NO- #15 I[i1IJ[iJ I U U Dk'4 UYA I II'A (I) 1'Iflh1IJ I DATE: February 13, 2017 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 5301 Russell Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan, Resolution and issuance of a Type IV 6-Month Provisional Rental License for 5301 Russell Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a 2 building, 36-unit multifamily property. The previous license was a Type IV Rental License issued on June 30, 2016, on condition of adherence to the Mitigation Plan and City Ordinances. The requirements of the Mitigation Plan were met for the previous license. However, the property qualifies for a Type IV Rental License based on one hundred and fourteen (3.2/unit) property code violations found during the initial rental inspection and three (0.8/unit) validated police nuisance incidents for the past twelve months. Therefore, according to City Ordinance, based on the number of property code violations, the license category remains a Type IV. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental License to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the Type TV 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. 1Iission: Ensuring an attractive, clean, safe. inclusive comniaflity that enhances the quality (if life for all people and preserves the public trust [i1IJ[iJ I N U DIk"A L'A I ak'A (I) 11I P1UhYAI Current rental license approval activities: 06-30-2016 The previous Type IV Rental License expired. 07-01-2016 The owner, Nedzad Ceric, applied for renewal of the rental dwelling license for 5301 Russell Ave N, a 2 building, 36-unit multifamily property. 08-04-2016 An initial rental license inspection was conducted. One hundred and fourteen (3.2/unit) property code violations were cited, see attached rental criteria. 09-08-2016 A second inspection was conducted and failed. 09-29-2016 A third inspection was conducted and failed. 10-06-2014 A $1200 Administrative Citation was issued for renting without a license. 10-13-2016 A fourth inspection was conducted and failed 10-19-2016 A fifth inspection was conducted and corrections complete. The $1,850 in reinspection fees remain. 10-31-2016 The $1,850 reinspection fees were paid and rental license passed. 11-23-2016 City records indicate three validated police nuisance incidents occurred in the past twelvemonths. Incidents were 11-29-2015 disturbing peace, 06-02-2016 theft from auto, 08-31-2016 theft from auto. 11-23-2016 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. 12-15-2016 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. 12-30-2016 A Mitigation Plan was submitted. 01-10-2017 The Mitigation Plan was finalized. 02-03-2017 A letter was sent to the owner notifying that the hearing before the Council will be held February 13, 2017. Prior Type IV Rental License approval activities: 12-29-2015 A Mitigation Plan was submitted. 12-31-2016 The previous Type IV Rental License expired. 01-11-2016 The Mitigation Plan was finalized. 02-01-2016 A $600 Administrative Citation was issued for renting without a license. 02-03-2016 The owner, Nedzad Ceric, applied for renewal of the rental dwelling license for 5301 Russell Ave N, a multifamily property. 02-29-2016 An initial rental license inspection was conducted. 119 property code violations were cited, see attached rental criteria. 04-06-2016 A second inspection was conducted and failed. A $1300 reinspection fee was charged to the property. 04-21-2016 A third inspection was conducted and failed. A $200 reinspection fee was charged to the property. 04-29-2016 A fourth inspection was conducted; corrections complete. The $1500 reinspection fee still owed. 05-12-2016 The $1500 in reinspection fees was paid and the rental license passed. Mission: Ensuring an attractive, clean, safr, inclusive community that en/sauces the quality oJ10 for al/people and preserves the public trust :EI.1sJJ I fl I I MhYA I I k'A 0) 1II PlIJk'AI 05-26-2016 City records indicate one validated police nuisance incidents occurred in the past twelvemonths. 11-29-2015, disturbing peace. 05-26-2016 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. 06-20-2016 A letter was sent to the owner notifying that the hearing before the Council will be held June 27, 2016. Previous Type IV Rental License approval activities: 06-30-2015 The Owner, Nedzad Ceric, applied for renewal of the rental dwelling license for 5301 Russell Ave N, a 2 building, 36-unit multifamily property. 06-30-2015 The previous rental license expired. 07-23-2015 An initial rental license inspection was conducted. 138 (3.83/unit) property code violations were cited, see attached rental criteria. 10-13-2015 A second rental inspection was conducted and failed. 11-02-2015 A $300 Administrative Citation was issued for renting without a license. 11-04-2015 A Mitigation Plan was submitted by owner prior to receiving letter notification from City. 11-09-2015 The Mitigation Plan was finalized prior to official letter notification. 11-12-2015 A third inspection was conducted and failed. 12-01-2015 A fourth inspection was conducted and corrections complete. Reinspection fees consist of $1,550 and still owed. 12-11-2015 The $1,550 in reinspection fees was paid. 12-15-2015 License passed-with weather deferred items. 12-30-2015 City records indicate five (0.14/unit) validated police nuisance incidents occurred in the past twelve months. 01-10-2015, disturbing peace, 02-24-2015, theft from auto, 03-28-2015, auto theft, 04-12-2015, robbery, 11-19-2015, disturbing peace. 12-30-2015 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 01-15-2016 A letter was sent to the owner notifying that the hearing before the Council will be held January 25, 2016. If approved, after six months, a new rental license is required. The license process will begin in immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Mission: Ensuring an aiiracth'e, clean, sq Ic, inclusive corninunit.v that enhances the quall' of lift' for all people and preserves the public trust I1BJ[SJ I fl I I *'4 L'A I k'A [0) 1I 1U I Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program, 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5.Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. iJissiojx: Ensuring an altruclive, clean, suft, inclusive conununit.v that enhances the quality of lift for all people andpreserves the public trust EI1IMSJ I NI I Mh'A UYA I Mk'A CS) UI P1IJk' I Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Puss/on: Ensuring an attractive, clean, soft, inclusive community that eu/ian ces the qua/it)' of life for all people and preserves the public trust r.ltlsMIJ I V V D1h'A LAs :)I'A (I) 1'WI flsJ I Property Code and Nuisance Violations Criteria License Category - Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type 1 - 3 Year 1-2 units 0-1 3+ units 0-0.75 Type II— 2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51 8B .01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). 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 con irnu ally that enhances the quality oj11fe' for all people and preserves the public trust [EIHJ[SJ I fl U I LNL'A I Ik'A (1] t11I I1IJ!A I 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 5301 Russell Ave N A'Jission: Eisztring an attractive, clean, safr, inclusive conintunhty that en/sauces the quality o./ lie for till people am'! preserves the public tins! Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 5301 RUSSELL AVE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 5301 Russell Ave N, was issued a Type IV Rental License on June 30, 2016; and WHEREAS, the property qualifies for a Type IV Rental License based on the number of property code violations (114) and validated police nuisance incidents (3); and WHEREAS, City Ordinance Section 12-901.2 requires a property owner who receives a Type IV Rental License to complete Phase I, II and III of the Crime Free Housing Program; and WHEREAS, City Ordinance Section 12-914.3.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 complete security improvements; and City Ordinance Section 12-913 requires submittal of monthly updates. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE IV Rental License is hereby approved for the property at 5301 Russell Ave N, Brooklyn Center, MN. ATTEST: February 13, 2017 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. BUrLDING: AND COMMUNITY SNDAR1SJVCity of Rtitil License Wfigatlokl Plan W CENTER Type IV License i-FaixtwrIuoa igation P&ms wW not be zccoptod, A fiulatite kirrn car' bu found on lhe CUys website t wweiye1brookIy rtr.org or tall (76) 330 Ic have ZlnelectmniC copy sent to you via email. PrOpi3y Address: RuolI zrim, N rckyn Cnr O.br1'5 FJUdCrt: LQQ1AIJen1(5): 5arne as the mxner C'wnos Address I ?lh AflQk Mil 03 AciM' Address: c?s PIeiie {12731) Agent's Phone Qwne(s Email: ceric.tieyahoocorr Agent's Email: Orret Expiration Da1e Pending ExpiUø ateuz / nnnhi Jccin LirfOul rkir j Based on properly condilons rd!or validated poli nuisance ihclderit5 the a1xve referenced properly quo lilies for a Type IV-6 Menth Rental License, Prior to applicaiioii approval by the. City Council a fully completed MiUat1on Plan mliste n'ipltd and approved by City staff, A Miigtiorl Flan must be completed lmmeliateiyin order to ensure timely Completion of the license application process The Mi1iation Plan should InIc.ao the tep being I*en to correct identified vintIone and tho m uresihaf. will be take.n to ensure ongoing ciipliance 104th City Ordirmnces and applicable codes A Mitigation Plan allows the owner and the Cib/ to review concerns and identify possible aolutian to improve, c)r&l condiions of the property. if the Mitigation Plan is nvt submitted, and all items are not completed within the pa idin iiie period, or the above property operates borid thp licerie expiration dae enforcement actions such as iLatiQrl, fcrrn& complaint, or license review may resulL Before submitting, fill-out Isec ifions A H and C located on PIZ -L /i Tewsir' L'i Psi, RL-e. 4-15 City of UZOO.1vitnte—ilding Camntniy Standards Dimpartmans, - 60 Parkiy, O cIytCnr I Vhoii: 735Zc-3I2J) TTY: 711 1 F; (?€i3)6g-15ri BUILDING MD COMMUNITY STAND-RDS City Q f 530 iE5 RuE.dI 'Iv Brcicri c:ilr - ROOKL-N rAn 5s4i0 License Tliitioi1 F1arL CENTET Type ¼/ Ltsc ttkms A—CTime Free isfii Progrrn Req iremexfl.s 1)Ue i wriLtrt oae agreement, iii ka aQceement shall inkidt 1fl Crime Free Hou&n La Addendum, A cupy Lhr Ieao roemont and Crirn Free -1ousn Lise.Addenthjm rnutbG atta dto the ig2tkftl Plan when subniited 2)AUrae t pirue the termraIort or oase agreement or eviction of tranis. who viote the erm o the 1ee or any adderidurns [J 3) Conduct crirnkiaI backoiind cheek for all n'r prcpoctive teflants III i$ a rrent teriint a new background chk is not required Muss bE ablo t ovideiocumenttk 11 to City f equetti. 4)Atterd City approved eight-hour Cnirie Free toitslng training course, Information (or approved courses ciib found at wwe,miicp,net wider the Trni ndEver?( tb A copy of Crime F Housing Certillcate niit b ettached to the 1itigation PJn when ubrnitted Crime Free Houskig training was compIe-td ontis c1ioduted (or; Ownor or agent altended/is pkrininq to tteiid liainmg at nty ot S1LC1 PBrk 5)Subilt Monthly Jpdete by th iO day of each month. Phe II (] 1) Complete a Security Aeiint and implement imrovemert rqueted by the Brooklyn Gentr Ptio' Department. To sehdile an initial or followup Secwity Assessmnnit c.aii (763) 569-3344. A foflow-up esmetit nmst be ornpeted bfo the ticense expfrtixi date to verity the security improve rnnts hao been mplementcd If a Securily smncnt has been previeusly completed, WI1Q the :fl1pletjon date. SecurityAssessThWit Was cornplete'd onsscheduIed1Y 17_I security A mentfoUowup was complLd üriIi scheduled for; 'i Conthiuc Sectio1is A, Phase itt on pa fi JG Iti Pir .i'-445 CtT D(WidVI CLhr tUdE it 1 iy5iu1.xd-n Dpa11uLit .3'-2iJ' I Pnc7)O3I'33l) TT'i":7tl I BUILMING AND COMMUNfl1 STANDARDS XBRCOOKLYN Mn 55430 j RritaI License MitLa'on PlanC Cl ENTER 1p(3 IV License ectk'tiS A—Crime Free H o U S0 19 Progr a m I qiiroiei (ced) Phso [II jj1) Owner or aciont will attend t rninium 50% 2) of A.R. rncein The MU Mons must be côrtipeted within the tL1Ien'se prad ad beforo the pendtng Typo IV LIoer apLraL1fl dte , is not required, hQwoor you must519n-In during the rretir. WriL two meeting dte ar owner or sgent pin iu trid. Owner or agent v 1 attQnd A.RM n eeirig scheduled on;1 1 1 2M 2 Have ro repeat wth vIoIatiens prvicLLiy dcicunented wiIh the past year, T(-e fv jj-pvj 1 kjq actions are TEqLthOd for prQprtie$ Witil foUr (4) or IrWTe Cvi(jud rsldent tfqi:njjf%q a nnuIy that ifldtides crirna prevention ttifliJaS 2) Ctriduct regut r reside-01- meetin, S Pn. R.fiV, 444-5 c1y ciakIyn C i1lhi nd nrntt1Wf 83i)1 5hIne Pwiy, Cnir1 MI !MJ)-21 I Fhc'i: TTY, 711 1 FR; 03fl FflU BUILDING AND COMMLLKLTY STANDARDS XBRCOOIMYN ty ci t-i15 RL-dI N Braoli rIi] 1ri43o Rio License Mltjataon PFnNTER Type IV Lkse -Section B-Lohg Term CpitJ hnprQverncnt Fia :sad on condition 2nd Age, estimatod repl2ement dates need to be provided for oummcm capi1I items, Funding should, be cniered eccordinty, Items that .ar broken worn, or ofihenvise In viotior prior to the estimated repacerneiit date need IQ be replacerJ ocner. All items mLJt Rave d2t2 (Qr Emlod pYap ernent Dare. Ths F, Lich as: urisvre', "don't knQw'. o r "WItfl 1rokon will pot he acc,p[d. El yDu a re unsure of when an iorn will need to be toplated. you can maki a prdiciri baad on ihe age, ppoarne, OORthtlOFlr or triiufctur&1nduli xrnrnendation, Additional Information on Expected Useful Life cart be found at wwihud ov Item Date Lest Rephicd Example; 1 I1.er May 20 FLrnce 2D4 Wer Heater Z01:4 Kitchen Applinoes 2012-2016 Laundry AppIlantes 2016 Smoke Ala rrnsi Carbon Mono1de Alarm 2 2018 t.rior lten Cond itit Exper-tedReplareme nt Dato F May2020 2020 G, El 2020 6 EJ 2016-2020 'LE 2021 Pan/idn 140iL3 El Windows 2012O14 2025 Roor 202S Fane 2004 F Garg 2 3. El 2030 Dnivewy 2000 25 Sidewalks 2004 G El Other: TDWOW Abrition: Niyi=N FrF Needs ep1oril=R PO-am AFJ Typi, IV Rtit Lwi MTjaMan P'.i. Rev. 444$5 IV of Brooklyn c —BiLI]d[ng an C nid{y Standants E1eprtmcnt sw'r tbr wrn'r irj 51 5Iiir1r CrWk Parky, rt;4i teri1i, MN .21cH) I Phin: (70)WI-MID TT; 1 I F: (7I5-3E1J oily of ____ mJILm UNG AND COMMUNITY STANDD C3 1OK ENTER XRO 33 LYNN GmoIi Cnr Renta' Licen Miti g at i on PtrbI Type W Sect1ôn C-5eps to Improve Management ci Can Th'ki!i &TaPC1Y The items in this t1i*ri have boon prvn to a s si s t with prperty man a^e rnent and psop o rty image. The foIlowIii g actionsare requlred; 1)Ghock-in Wlh tenants layory 311-ty. j 2) Oiive by property to check for p oss ible code viola t ion s , [J 3) Evirl terants in vIobtiOrb of the lease or any addcndurn. f 4) R e main current on all Wilily fees, iaos, Asgessmen ts, fines, penalties, and other financial clalriis/paynienls due to the City, LII 5) Othc - Tho folow1ng actions am optional Lin] ass rquirod by tha City. Ei 1) Provide wn1snow servi, 2)Provide Oarbage service. 3) InslahJi security sytern E1 4) Provide maintenance erfte plan for appriances. Name of serce ompany it apIiEire LII 5) If the Type IV-r5 Month Rental License is approv by the City Coijnoll. the Icene must comply with the apprvd Mitigation Plan d a l l apphieabta City Ccs. A written report must be ubmited by the 1 day of e acli month with an u Iodate n f actions btiriq 1a1en by the owne' and/or agent to comply with this Miti g ation Plan. A copy of the Monthly Update on be found on page 7. A fihlable form can he round on the City6 w e bsite at wvw,cityofbrooklynenteror or call (73) 569-333U lo have an el ectron Ir, copy sent to you via email. Please attach additional inforrna&r i f ressary, V MWX UNumv M Pv -4-6 Ot t Brci'k1yt C e—u!tding and C U1uity S1nLLH tt1 1 Shinyl Crih Ro kIa ccr M 5E4) 1) PIJUL G3-3] I TTY;711T 711 1.Fc -3lO CENTER ____EUILDJNGAD COMMUNITY STANDARDS RObILYN Nrrirj}ii RonLdl License Mitigation Plan J Type IV Liee Sign anVriy I verify that ii irformation provided is true and curath. I understand thi1 if I do not comply with tho appcovd Mitigation Prim, ornpIy wilh all items within ihe icon period, or oprie beyond th license exprntlor daie ofifarcemerit ictbn -uh as cIUQr5. -formal corn ints, or license TeVIOW ry rctIL Nedmll, cti'; Otwit iiid (P 1 N2 9t2O1 wr&cmt afti irpaxj (iT4p tbE' Pwjo Pi(j Athiitrj O*mrUr A n n, nr Su W 4Ety 5fflT Only - - - -- •- - _: ii •-'/ . I - (/<. /-7L - Dpidm'( -GO 0 (3i.ttq 'id pi-,tqiLI1t t/a 4'L V! Tyj.' N iI& L1rei Pi, Rw. 444-15 Cy C1r-Buildinj C ipnn ww' ca lqo brnror 11 Shi'ih Crxk niy flr tljn C-rhr, (7tiS) TTY; 711 FI7J 6--O Work Session Agenda AGENDA CITY OF BROOKLYN CENTER CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION February 13, 2017 Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M. Constitution Hall, Community Center A copy of the full City Council packet is available to the public. The packet ring binder is located by the Secretary. ACTIVE DISCUSSION ITEMS 1.Discussion of the Brooklyn Center Branding & Identity Campaign 2.Youth in Government Day Planning 3. Solar Opportunities PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1.Water Meter Failure Update 2.Body Camera Implementation and Policy 3.Liquor License Regulations 4.Paperless Council Process 5.Drinking Water Update 6.TIF Funding Update Work SesOon Agenda Item iiii I MEMORANDUM COUNC]IIL WORK SISSI[ON DATE: TO: FROM: • SUBJECT February 7, 2017 Curt Boganey, City Manag Reggie Edwards. Interim Assistant to the City Manager Discussion of the Brooklyn Center Branding & Identity Campaign / Recommendation: It is recommended that the City Council consider hearing a presentation of and deliberating on which Brooklyn Center proposed branding logos and messages options ought to be presented to the public for public review and ranking. Background: In October, 2016 the City entered into an agreement with Vitalink Inc. to execute the City's Branding & Identity Campaign. The intent of the City was to develop, coordinate, and execute the promotion of the City of Brooklyn Center to people both inside and outside of Minnesota regarding why the City of Brooklyn Center is a great place to live, visit and do business. The Branding & Identity Campaign involves four parts including: 1) researching the current perceived image of the City, 2) facilitating discussions on the desired image of the City, 3) designing options for the logo, tagline, and overall branding image of the city, and 4) executing an implementation plan. One Monday, January 23, the Council heard an update on the Branding & Identity Campaign from representatives Jeanne Frazier and Kathy Horn of Vitalink, Inc. The representatives presented information on the findings from research, surveying, and focus group sessions regarding branding messages and logo options. The Council provided feedback on the logos and directed staff to move forward with consideration of a public review process. Vitalink, Inc. has developed and provided the City with two additional new logo options for consideration by the Council and for public review. Attached are the four logo options for review by the Council. Staff along with the Consultants will initiate a public review and ranking process of four logo options and messages, which are to be determined by the Council during the February 13th Council meeting. The review and ranking process will be conducted primarily via online survey. The online survey will be marketed via the distribution of postcards to all residents and businesses; dropped off at community gathering places, churches, and schools; inserted within the Sun Post newsletter; and posted on the city website and all city affiliated Facebook pages. Feedback will be provided to Council in late March, 2017 for final consideration and selection. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust k'A I aK'A 0) 1I P1IJL'A iEs1ecIJ I "LI] 1 I D'1.1 (IIJI Budget Issues: None Policy Issues: Is there a consensus of the Council regarding which Brooklyn Center proposed branding logos and messages options ought to be presented to the public for public review and ranking? 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 IhYII DIY4 (I) 1I 1BJ'A I]JJ(IJ I mii) iJ Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust - -, I[ I G coJdyn AT THE CENTER <z, I Brooklyn Center 41 f r' H L:. BroodYfl C 1%T illE CEM ER ' If IA V1J L' ©©kfty AT THE CENTER )Li 6i\ JN(9) , R c200 kft ([D ç]i dcoser \cJ vo E2©©kfty WDTU 1C=I INI DYA [I) 1II I]JJkiEI)JIh[iJ I !tLI] 1 C4MM-11 1 [I1JI Mission: Ensuring an al/raclive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust 9i Brooklyn.Cent'er Get Closer NJ \\ILmokPyn I' Get Closevr A.1_I 13rcllyn Get Closer c . ) 1 ,' I \V t. r. r,J FD) ôãk fl'cevTGet CTLo 2T C Broobo, ynir M th CWtt 3krnceul ker Wfth(n Reach kYA Iik (I) 1iI I1SJ i1i1IJ[iJ I 'LI) 1 11I (iJl Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for allpeople and preserves the public trust 1 00 ( LV N -i(L ILE 1IT t [ t Al THE CENTER 0OKLY[j Alff1- CENTu 1ROOKLYNcFR AT THE CENTER I AV -ii..!•. .i - '. ii .1 tj / :; ''ci •, U' :11 11 7 C EL-] H D r ri= / z) /\7 (^, , X, --- K 7 B. R (a 0 K LY Hrq F\^'f r^ I-DI, Cr M1 VFnD WllN REACH kY1 I DhY4 0) UI IiIJYA EI1IJ0J I !ALI) 1 4i 3I'1i (Ikil=1 Mission: Ensuring an attractive, clean, safe, inclusive comrnwth'y that enhances the quality of life for a!lpeople and preserves the public trust r' ryr / ( 4&H i i ,et Closer _-1 .4VAL Bvokl) A GetCiosci ..4V• ,' •-.••••r•:: ::';r. •. .'' .;i i tow., OLD), -C a 00 Gt C© _DD I iWUW/II -i:2 Wthtn Reach Logo and Message Options Public Review and Ranking Process In October, 2016 the City entered into an agreement with Vitalink Inc. to execute the City’s Branding & Identity Campaign. In October, November and December 2016, Vitalink Inc. Conducted a City Identity Survey and Focus group. In January, 2017 the Council heard an update on the Branding & Identity Campaign from representatives Jeanne Frazier and Kathy Horn of Vitalink, Inc. Vitalink, Inc. has developed and provided the City with two additional new logo options for consideration by the Council and for public review. A public review and ranking process would take place February 15 – 28, pending Council approval. The review and ranking process will be conducted primarily via online survey. The online survey will be marketed via the distribution of postcards to all residents and businesses; dropped off at community gathering places, churches, email lists, and schools; inserted within the Sun Post newsletter; and posted on the city website and all city affiliated Facebook pages. It is recommended that the City Council consider hearing a presentation of and deliberating on which Brooklyn Center proposed branding logos and messages options ought to be presented to the public for public review and ranking. Logo Option 1 Logo Option 2 Logo Option 3 Logo Option 4 Is there a consensus of the Council regarding which Brooklyn Center proposed branding logos and messages options ought to be presented to the public for public review and ranking? WorktSession WAgenda ItemurNo. IkA I a (I) WI IlIh'A WJ[iJ I 'LI) ti C41 DATE: January 30, 2017 TO: Curt Boganey, City Manag3 FROM: Jim Glasoe, Director of Community Activities, Recreation & Services SUBJECT: Youth in City Government Day Planning Recommendation: It is recommended that the City Council consider providing direction to staff regarding the upcoming Youth in Government Day (March 13, 2017). Background: Youth in Government Day was created to welcome young people into the processes and structure of their local government - whose work directly impacts their lives every day. Through equipping young people with the understanding of how their communities work and how decisions are made, the event will cultivate and equip young people to become engaged, active, and informed citizens. In preparation for this year's Youth in Government Day event, we wanted to take this opportunity to inform you of some planned changes to the event and mutually develop roles and responsibilities for the day. In planning the March 13, 2017 event, the hope was to take the event from one of youth participation, to actual youth engagement. To that end, Recreation Program Supervisor Janelle Crossfield will present an overview of the planned activities for 2017 and will solicit your input on two specific topics: • Identifying questions for youth. • Reaching consensus on timing for the March conversation with the City Council and the subsequent Study Session/City Council meeting. The attached power point is provided as background for the discussion. Policy Issues: How does the City Council wish to proceed? Strategic Priorities: Strengthened and Empowered Youth Mission: Ensiii'ing an attractive, clean, safe, inclusive conununhty that enhances the quality of fife for all people and preserves the public trust --- LP)OcIC 0 (N C O n C ko -o -C D 0)O- LLJ (D -0 C) ,2 1 00 .cti. F: - U ,0 il-I'0 C 1) o=CD>?00 =fl 0u CuoDC o (D C 0 0=DOE oa 0C0OC o ( ri r cI, C0 00) n 5Oon C D ECo Ec o$C aUoD flvo j3 0 cfa CD0O®0>C °DD JCO00 0 O 0r 2DoDrEDoJ D I E >0 0 0 01- Z© CO) >> C) =0 C C fl DE ===( 1 Po ®== 0J)00 a C C °o CO PE cD^0D2CDc o= J ==cn S ==11 C',== 0O0OUDDiOoao©©©© M INA ] C 0 0 LJ 0 0D 00C 0 ci) ci)0 r DC_0=0 'J 0===0 CD r==o 'r >0= O 0 ouC)O>Or2D0)iD D 0 C 'o C0=LU u 0 LI r D 000cD a>=000w00 Hi a0 C C a(=D CC OcD U,U, '1 D 0 _ L1 --Q > (flj I 1D D CO±OCDC)O22EPc > c a)==, L= 0 >r o c j 0 uo cd) >=© Cn0 ä3LP 0EE0 (1) 0o r a C)0>>© :5 ar Wojrk SessionWAgenda 1(1 iiuii1 MEMORANDUM COUNC]IIL WORK SESSION DATE: February 7, 2017 TO: Curt Boganey, City Manager THROUGH: Steve Lillehaug, Director of Public Works/City Engineer FROM: Andrew Hogg, Assistant City Engineer SUBJECT: Solar Opportunities Recommendation: It is recommended that the City Council consider providing direction to staff regarding solar energy partnership opportunities. Background: During the feasibility stages of designing the new water treatment plant, City Council directed staff to evaluate the possibility of hosting solar power on the new water treatment plant. At the time, it was evaluated and determined not to be cost effective to include a solar photovoltaic (PV) system with the water treatment plant construction. However, staff has continued to research other evolving solar energy opportunities in order to reach the City's environmental and sustainability goals. As a general note, the City's annual power consumption for the wells, lift stations, parks and park buildings, Earle Brown Heritage Center (EBHC), Public Works facility, City Hall, Community Center, Police station, Fire stations and Liquor stores totals roughly 5,900,000 kWh per year (excludes traffic signals and street/parks lighting) amounting in an annual electrical power expenditure of approximately $575,443. As part of this ongoing evaluation, opportunities that have presented themselves and have been researched by staff include the following separate solar programs: 1) Governmental Solar Garden Subscriber Collaborative, 2) Made in Minnesota (MiM) Solar Incentive Program, 3) Water Treatment Plant and Other City Building Package. The three scenarios are mutually exclusive of each other. All, none, or any combination are available options for the City moving forward. It should also be understood that other factors have yet to be fully evaluated that could negate the feasibility of these options including building structural capacity, consideration of other energy programs that the City already participates in, such as Xcel Energy's Peak Control Program, etc. Also, future rate increases/decreases by the Public Utility Commission may strengthen/weaken the financials of these projects. Under all three options, it should also be understood that the City would not own the Renewable Energy Certificates/Credits (REC's) for the power purchased or produced. REC's are the certificates companies receive to document credit of solar production of the renewable energy. Once electrons from a generation source are in the power grid, it is impossible to track an electron from the source of generation to a specific point where they are consumed, so the REC serves to account for the associated attributes of energy. A REC is needed to claim and verify that an entity has purchased "green energy". Mission: Ensuring on attractive, clean, safe, inclusive community that enhances time quality of life for al/people mid preserves the pu b/ic trust bYA I 3kA [I] IJ1II'A iI$1IJhi[SJ I 'LI] 1NJ *bJi [I]l The City can only make certain limited claims to its purchase of solar energy in the case of the Metropolitan Council Solar Garden. In the situation where the City has a solar PV system on- site, the City would not own the REC's for the power produced from the third-party agreement, so the City could make the following statement: "We host a solar PV system and sell the renewable energy to other parties". Currently to date there is no market for REC's, so they have limited value to no value. However, if in the future a market does develop or mandate directing the use of green energy that can be offset by REC's, then owning REC's could become more valuable. Program 1: Governmental Solar Garden Subscriber Collaborative The Governmental Solar Garden Subscriber Collaborative was an effort by the Metropolitan Council to get governthent entities into the solar garden market by bringing together multiple government agencies to create a project with an economy of scale to help bargaining with solar garden operators. The community solar garden system is set-up as a third-party system where the City makes a subscription payment to the developer/owner for electricity produced by solar power. Based on this purchase, the City would receive a bill credit from Xcel Energy. Currently the selected cities are evaluating final agreements with the solar providers they were given allotments with. The City was given grant allotments with two developers; US Solar for an allotment up to 1,000 kW of power from a community solar garden. The City can subscribe to less than the full allotment, but in 200 kW allotments. The City also received an allotment of 2,600 kW from TruNorth. The TruNorth contract had a subscription rate with an annual 2.5 percent escalator rate. The escalator rate in the TruNorth contract made the likelihood that if energy rates plateau there was a greater chance the City would lose money. Based on this undesirable term, the City returned the allotment from TruNorth to the Metropolitan Council to make that allotment available to other cities. US Solar is offering a 25-year fixed rate contract, again for up to 1,000 kW which is estimated to produce 1,100,000 kWh annually and is approximately 19 percent of the City's annual power consumption as previously discussed. The contract is non-negotiable and the City Attorney has reviewed the contract and voiced no major concerns. The City would pay the fixed rate for the power to the developer and receive a credit on its bill from Xcel Energy. The difference between the rate paid and the credit received would provide the savings. Under this option, no solar panels would be located on any City property. The City would own nothing and have no maintenance costs. See attached spreadsheet with estimated savings. The projected savings is estimated to be $633,783 for a 25-year period for a 1,000 kW system, with an assumed annual energy rate increase of three percent. As of the last discussion with US Solar, this opportunity is still available and the next steps would be to enter into an agreement with US Solar. The biggest variability factor with this program is estimating the expected energy rate for the term of the program for the next 25-years. If the annual energy rate increases, the program will achieve additional savings; conversely, if the annual energy rate decreases the program could be at a loss. Mission: Ensuring an attractive, clean, safe, inclusive conununity that enhances the quality of life for all people and preserves the public trust hYAI1YATI) 1aWI tlIJh'A iII1IJ[iJ I11 Mal 6116i *1 [I)l If directed, the next steps under Program 1 would be to proceed and finalize contract agreements. Program 2: MiM Solar Incentive Program The Minnesota Legislature established the MiM Solar Incentive Program in 2013 to help our State meet its solar electricity goal and to catalyze the solar industry. MiM is a solar PV system and solar thermal incentive program for consumers who install PV and solar thermal systems up to 40 kW using solar modules and collectors certified as manufactured in Minnesota. 40 kW systems would produce 44,000 kWh annually, roughly less than one percent of the City's annual power consumption. This program is for small systems and typically only beneficial for entities that can capitalize on the tax credits as part of the program, making it more complex for cities to receive this benefit. Recently and late in 2016, Brooklyn Center's Public Works facility was selected by the State as a site under the MiM Program. This program would consist of the City entering into a Memorandum of Agreement with a private firm to design and install the solar array. The private developer would conduct a site survey and perform a solar analysis on the roof. The City would then sign an Installation Agreement and a Power Purchase Agreement (PPA) with a Third Party Investor (TPI) who finances the entire system and captures the 30 percent Federal Investment Tax Credit and Depreciation. The City would have no investment and simply host the system under a 20-year PPA. The City would receive 20 percent or more of the power produced by the system via a reduction in cost for electricity (e.g. City pays the TPI a rate of approximately $0.08/kwh instead of paying Xcel Energy at $0.1 1/kwh). The developer would install the solar array and connect it to the electrical grid. After 20-years the City would own the system and would receive 100 percent of power produced. The City has currently been working with a developer (Sundial) as part of this program. See attached spreadsheet with estimated savings. The projected savings over 25-years for a 40 kW system, assuming expected annual energy rate increase of three percent, would be estimated at $11,797. However, if this system were to be implemented on either the water treatment plant or the Public Works facility, the amount does not account for lost savings that would be experienced by having to back out 40 kW from the current Peak Control Program savings we currently participate in with Xcel Energy, amounting to an estimated $1,500 in annual savings. Using the rates and credits currently offered, the proposed savings from a 40 kW solar panel system would be about $500 a year, dependent on actual solar energy production, but the City would lose the $1,500 Peak Control Program savings for a net loss of 41,000, a projected loss over 25-years of -$25,703. This would result in this program actually costing the City for these two facilities. If implemented on other City facilities, there would be little to no value over the 25-year period. Again, the biggest variability factor with this program is estimating the expected energy rate for the term of the program for the next 25-years. If directed, the next steps under Program 2 would be to continue to evaluate the package more in depth with Sundial and proceed with contract agreements. Program 3: Water Treatment Plant and Other City Building Package A third program option consists of constructing solar panels at the 'water treatment plant and other City buildings as part of a third-party agreement. The City would receive power from the Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the qua/it:' of life for al/people and preserves the public trust IYA I MhYA [I) 1I )1BJ'A IEI1IJ[II I TLIJ 1 41 M---[O)l solar panel system and have no installation or operating cost associated with the solar panel system. This program is similar to Program 2 but is not a government supported program and would need to be a significantly larger system. There is an opportunity to have a 200 kW panel system on the water treatment plant and surrounding grounds. A 200 kW system would produce 220,000 kWh annually, or roughly four percent of the City's annual power consumption. Currently the water treatment plant is on a Peak Control Program with Xcel Energy. The City would have to back 200 kW out of the Peak Control Program, which would be a savings loss of roughly $7,500 a year. Sundial currently has an investor looking to install a minimum of a 400 kW system on City buildings including the water treatment plant and other City buildings. Sundial would provide engineering services to ensure the buildings can support the solar panel system along with working with the City to ensure panels fit the need of use for the buildings, and fits into the long term plans of the facilities. If the City could not provide enough location for the 400 kW, Sundial would have to find another financer as the current investor is only interested in working with a City that has enough space for a 400 kW solar footprint. At the water treatment plant, the Peak Control Program has $7,500 in savings a year. Using the rates and credits currently offered (which could change with a new investor) the proposed savings from a 200 kW solar panel system would be about $2,500 a year, dependent of actual solar energy production, but the City would lose the $7,500 Peak Control Program savings for a net loss of -$5,000. If the City went with a larger footprint on several buildings, the savings from the solar energy production would increase. Additionally after seven years the City could purchase the solar panel system and achieve greater savings than the $7,000 from the Peak Control Program. See attached spreadsheet with estimated savings. Currently, the projected savings for 25-years for 200 kW, assuming expected annual energy rate increase of three percent, after the loss of the Peak Control Program savings, would be estimated at a loss of -$128,513. If directed, the next steps under Program 3 would be to continue to evaluate the package more in depth with Sundial. Summary In summary, Table 1 below lists the estimated 25-year cost savings for the three program options discussed. Table 1 Governmental Solar Garden $633,783 Subscriber Collaborative MiM Solar Incentive Program -$25,703 (loss due to reduction current Peak Control Program) Water Treatment Plant and -$128,513 (loss due to reduction current Peak Other City Building Package Control Program) Mission: Ensuring an attractive, clean, safe, inclusive counnunily that enhances the quality of life for all people and preserves the public trust IkYi I ML4 [0] 1WI t1UEI1SJiISJ I i0]t1Ni DEE1 (0]I It should be understood that these estimates are based on several assumptions over a long 25 year period that could result in significantly different outcomes with possible changes in the many factors including: the excepted annual rate of energy either increasing or decreasing, changes in rates and terms provided by prospective investors, savings from the Peak Control Program and changes to those rates, credits and possible rule changes by either the Legislators or the Public Utility Commission. For example, there is currently consideration of a proposed rate change by the Public Utility Commission that may improve the financials of these projects. Each program has its own uniqueness but in general the pros and cons are listed as follows: o Pros: Taking steps towards City's environmental and sustainability goals, possible achieved savings in annual energy expenditures. o Cons: Long term commitment to specific programs and terms, programs may run at a loss. Policy Issues: Does the City Council desire to continue to proceed with any of the solar program options presented? Strategic Priorities: o, Key Infrastructure Investments Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the qua/hr of life for all people and preserves the public trust .a) 4-'• 0-• •I iili EiHIiHiIflhiIIiUH EI1I1II1IHI1IHH11HHH flhhiIiIiIiIIHuIliIhH ii ill U I EiUUHHiUHUibHII.HIUiiIiHUiI ibHHUHiibHH I lililliII NIlIIIIIlIihIlIIIIiIIIIL. Solar Options – City of Brooklyn Center City Council Work Session February 13, 2017 How Did We Get here •During the feasibility stages of the City’s Water Treatment Plant planning it was investigated if a solar photovoltaic (PV) system on the building was a cost effective venture. •At that time, it was determined that if the City installed a solar PV system it would not have a rate of return to justify its installment. •Further research continued into available solar programs, several have been identified… Program Options •The following programs came to light, prompting evaluation and consideration: –Program 1: Governmental Solar Garden Subscriber Collaborative - A City subscription in a Community Solar Garden (in some other location out of town). –Program 2: Made in Minnesota (MiM) Solar Incentive Program - Small government incentived solar PV system. –Program 3: Water Treatment Plant and Other City Building/Site Package - Large Third Party financed solar PV system. Renewable Energy Certificates/Credits (REC’s) •What is a REC? –REC’s are the products that convey the attributes and benefits of renewable energy for solar energy. The REC serves to account for the associated attributes of the energy, and the REC is needed to claim and verify that an entity has purchased “green energy”. •What are REC’s used for? –Use of RECs may include, but are not limited to, (1) use of REC by an end-use customer, marketer, generator, or utility to comply with a statutory or regulatory requirement and (2) a public claim associated with a purchase of REC’s by an end-use customer. •What is the value of REC’s? –Prices depend on many factors such as the vintage year the REC’s were generated, location of the facility, whether there is a tight supply/demand situation, whether the REC is used for compliance and even the type of power created. Currently there is no market for REC’s. In the future, if the market for REC’s is created, or if government mandates require the use of green energy, then REC’s may become more valuable. Program 1: Governmental Solar Garden Subscriber Collaborative •Met Council consortium initiative with multiple Government entities •Defined: Third-party system, City makes a subscription payment to the developer for electricity produced by solar power, and based on this purchase the City receives a bill credit from Xcel Energy. •BC awarded 2 allotments with 2 different developers –US Solar allotment up to 1,000 kW of power –TruNorth allotment of 2,600 kW – Allotment declined by BC due to unfavorable liability of a non-fixed rate contract term. •US Solar Contract Agreement Terms: –25-year fixed rate contract –non-negotiable –City would pay the fixed rate for the power to the developer and receive a credit on their bill from Xcel Energy. The difference between the rate paid and the credit received would provide the savings. •No solar panels will be located on any City property. The City owns nothing and has no maintenance costs. •Next step: Enter into an agreement with US Solar. Program 1: Governmental Solar Garden Subscriber Collaborative Program 1: Governmental Solar Garden Subscriber Collaborative Pros •Lower risk •No upfront cost •No maintenance •Likely to provide savings based on assumptions Cons •Don’t own REC’s •No physical PV system presence on-site •25-year contract Assumption Governmental Solar Garden Subscriber Collaborative $0.1179 Subscription Rate to Developer $0.11914 Starting Bill Credit Rate (Includes REC payment) Expected annual rate of increase in electricity 3.0% Program 2: Made in Minnesota (MiM) Solar Incentive Program •Minnesota Legislature established the MiM Solar Incentive Program in 2013 to help our State meet its solar electricity goal and to catalyze the solar industry. MiM is a solar PV and solar thermal incentive program for consumers who install PV and solar thermal systems using solar modules and collectors certified as manufactured in Minnesota. Solar PV systems can be up to 40 kW. •Entered four (4) City owned buildings in program (Public Works Garage, Police Station, West and East Fire Stations). The Public Works Garage was selected for the MIM program. –Moving forward, the City would enter in a Memorandum of Agreement with developer to design and install the solar array; this ensures that the City receives funding from the MiM program. Developer would conduct a site survey and perform a solar analysis on the roof. –The City would then sign an Installation Agreement and sign a Power Purchase Agreement (PPA) with a Third Party Investor (TPI) who finances the entire system and captures the 30 percent Federal Investment Tax Credit and Depreciation. –The City has no investment and simply hosts the system under a 20-year PPA. The City receives 20 percent or more of the power produced by the system via a reduction in cost for electricity. –Solar array would be installed and after 20-years the City owns the system and receives 100 percent of the power produced. Program 2: Made in Minnesota (MiM) Solar Incentive Program Program 2: Made in Minnesota (MiM) Solar Incentive Program Pros •Smaller system •No upfront cost •No maintenance •On-site presence of PV system •Will own system after 20 years Cons •Don’t have REC’s •Unlikely to provide savings based on assumptions and size of system •Will own system after 20 years •Public Works building is on Peak Control Program Assumptions MiM and Water Treatment Plant Power Purchase Agreement $0.1125 Subscription Rate to Developer $0.1240 Bill Credit Rate (Includes REC payment) Expected annual rate of increase in electricity 2.9 percent Program 3: Water Treatment Plant and Other City Building Package •A third program option consists of constructing solar panels at the water treatment plant and other City buildings as part of a third-party agreement. The City would receive the power from the solar panel system and would have no installation or operating cost associated with the solar panel system. This program is similar to program 2 but is not a government supported program and would be a significantly larger system. •There is an opportunity to have a 200 kW panel system on the water treatment plant and surrounding grounds •Other City buildings could be included where feasible including the Police Station, Fire Houses, Public Works Building to increase the footprint of the solar panel system. The developer would provide analysis to ensure the buildings could handle the loading , to ensure panels fit the need of use for the buildings and fits into the long term plans of the facility. •200 wK would need to be backed out of the Peak Control Program (Loss of Peak Savings column on next slide). •There is no deadline to begin installation of this option. Investor terms and rates along with future rate changes at the Public Utilities Commission could either strengthen or weaken this opinion. Program 3: Water Treatment Plant and Other City Building Package Program 3: Water Treatment Plant and Other City Building Package Pros •Larger system •No upfront cost •No maintenance •On-site presence of PV system •Opportunity to purchase after seven years •With larger system, chance to break even increase Cons •Don’t own REC’s •Treatment plant is on Peak Control Program •Unlikely to provide savings based on assumptions Assumptions Water Treatment Plant Power Purchase Agreement $0.1125 Subscription Rate to Developer $0.1240 Bill Credit Rate (Includes REC payment) Expected annual rate of increase in electricity 2.9% Comparisons Estimated 25-year Cost Savings (without Peak Control deduct) (With loss of Peak Control Deduct) Governmental Solar Garden Subscriber Collaborative $633,000 $633,000 (no deduct) MiM Solar Incentive Program $12,000 -$26,000 Water Treatment Plant and Other City Building Package $59,000 -$129,000 -In none of the options will the City own the REC’s. -The solar garden subscription is most likely to provide cost savings if the annual energy rate increases. -The 40 kW MiM system provides little to no expected savings of the 25-year period. The MiM program would be a better option for a facility that doesn’t participate in the Peak Control Program, understanding that the return is not that great. -The Water treatment plant package doesn’t break even. Different investors or various rate and term changes in the future could change the economics of the project. City Council’s Policy Issue Consideration: Questions/comments? Does the City Council desire to continue to proceed with any of the solar program options presented?