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2017 06-26 CCP Regular Session
AGENDA CITY COUNCIL STUDY SESSION June 26, 2017 6:00 p.m. City Hall Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the podium. 1.City Council Discussion of Agenda Items and Questions 2.Miscellaneous 3.Discussion of Work Session Agenda Items as Time Permits 4.Adjourn CITY COUNCIL MEETING City of Brooklyn Center June 26, 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 at the front of the Council Chambers by the Secretary. 4. Roll Call 5. Pledge of Allegiance 6. Approval of Agenda and Consent Agenda –The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes 1. June 5, 2017 – Joint Work Session with Financial Commission 2. June 12, 2017 – Study/Work Session 3. June 12, 2017 – Regular Session 4. June 12, 2017 – Work Session b. Licenses c. Resolution Approving Amendment to the Professional Services Agreement with Bolton & Menk, Inc., for the Water Treatment Plant Project, Improvement Project No. 2014-05 d. Resolution Ordering the Abatement of Conditions Creating a Nuisance and a Hazardous Property Existing at 7241 Fremont Avenue North in the City of Brooklyn Center CITY COUNCIL AGENDA -2- June 26, 2017 e. Resolution Granting Approval to the Hennepin County Housing and Redevelopment Authority to Transfer Tax Forfeit Property with PID: 34-119-21- 11-0002 to Mound Cemetery f. Resolution Approving the 2018-2020 Joint Cooperation Agreement for Hennepin County CDBG Program g. Resolution Declaring a Public Nuisance and Ordering the Removal of Dead Trees h. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees i. Resolution Adopting Amendments to the Financial Policies Section of the Brooklyn Center City Council Code of Policies j. Resolution Approving a Transfer of Funds from the General Fund and the Municipal Liquor Store Fund to the Capital Improvements Fund k. Resolution Approving Transfer of Funds from Earle Brown Heritage Center Operating Fund to Earle Brown Heritage Center Capital Fund 7. Presentations/Proclamations/Recognitions/Donations –None. 8. Public Hearings –None. 9. Planning Commission Items a. Planning Commission Application No. 2017-003 Submitted by TOPGOLF USA Brooklyn Center, LLC Requesting Approval of a Planned Unit Development Amendment No. 3 to the 1998 Regal Road Development; Approval of Preliminary Plat of Regal Road 3rd Addition; and Site and Building Plan Approval for the Topgolf Facilities, Located at 6420 and 6330 Camden Avenue North –The Planning Commission recommended unanimous approval of the items included with this Application at the June 15, 2017, meeting. 1. Resolution Regarding the Recommended Disposition of Planning Commission Application No. 2017-003 Submitted by TOPGOLF USA Brooklyn Center, LLC for Planned Unit Development Amendment No. 3 to the Regal Road Development Addition Planned Unit Development of 1998 (Located at 6330 and 6420 Camden Avenue North) Requested Council Action: –Motion to adopt resolution. CITY COUNCIL AGENDA -3- June 26, 2017 2. Resolution Regarding the Recommended Disposition of Planning Commission Application No. 2017-003 Submitted by TOPGOLF USA Brooklyn Center, LLC Requesting Approval of the Preliminary Plat of Regal Road Development 3rd Addition Requested Council Action: –Motion to adopt resolution. 3. Resolution Regarding the Recommended Disposition of Planning Commission Application No. 2017-003 Submitted by TOPGOLF USA Brooklyn Center, LLC. Approving the Site and Building Plan (Development Plan) for the Proposed Topgolf Commercial Recreation/Entertainment Building and Golf Driving Field Within the Regal Road Development 3rd Addition Planned Unit Development (Located at 6330 and 6420 Camden Avenue North) Requested Council Action: –Motion to adopt resolution 10. Council Consideration Items a. Consideration of Type IV 6-Month Provisional Rental Licenses 1. 5439 Camden Ave N 2. 5201 Winchester La 3. Resolution Approving a Type IV 6-Month Provisional Rental License for 5444 Dupont Ave N 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 AGENDA CITY OF BROOKLYN CENTER CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION June 26, 2017 Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M. City Hall Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the podium. ACTIVE DISCUSSION ITEMS 1.Brooklyn Center Housing Commission New Neighbor Program Coupon Policy 2.Water Treatment Plant Project Finalization Update 3. Community Dialogue I] I[N m I) 1 IJJ Iii .1 DI%'LI) .i L) *f1 (I)1 Later/Ongoing 1.Water Meter Failure Update 2.South Opportunity Site Development 3.Conducting City Council Business Electronically 4.Panhandling Regulations 5.Food Trucks Update 6.Branding & Identity Update 7.Liquor Licensing Update 8.Policy regarding Commercial Filming within the City limits Oty Crnil Agenda Hem N0 6a MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA JOINT WORK SESSION WITH FINANCIAL COMMISSION JUNE 5, 2017 CITY HALL - COUNCIL CHAMBERS P (III] 1 I] a The Brooklyn Center City Council met in Joint Work Session with the Financial Commission and the session was called to order by Mayor Tim Willson at 6:30 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Marquita Butler, April Graves, and Dan Ryan. Also present: City Manager Curt Boganey, Deputy City Clerk Reggie Edwards, MMI ,',-R's James Eichten, Finance Director Nate Reinhardt, Assistant Finance Director Andrew Splinter, and Deputy City Clerk Rozlyn Tousignant. Councilmember Kris Lawrence-Anderson was absent and unexcused. Others present were Financial Commissioners Anna Burke, Jeffrey Dobbs, Tia HedenLand, Dan Schueller, Abate Terefe and Dean Van Der Werf. Financial Commissioners Teneshia Kragness and Rex Newman were absent and unexcused. APPROVAL OF AGENDA Councilmember Graves moved and Councilmember Ryan seconded to approve this evening's agenda. Motion passed unanimously. PRESENTATION OF AUDITOR REPORT AND MANAGEMENT LETTER James Eichten, CPA, partner with Malloy, Montague, Karnowski, Radosovich, & Company (MMKR), the City's Auditing Firm, was introduced to review the City's Audit Report and Management Letter. Mr. Eichten outlined the auditor's role and the Audit Opinions and Findings which included the following: • Financial Report - Unmodified or Clean Opinion • Internal Controls Over Financial Reporting - No Findings • State Laws and Regulations - Compliant • Single Audit of Federal Awards - Not required for calendar 2016 Mr. Eichten reviewed the Management Report prepared by MMKR and pointed out highlights relating to the Audit Summary and Governmental Funds Overview along with information on 06/05/17 -1- DRAFT Taxable Market Values, Tax Rates, Governmental Funds Revenue per Capita, Governmental Funds Expenditures per Capita, General Fund Financial Position, General Fund Revenue by Source, General Fund Expenditures by Function, Enterprise Funds Change in Financial Position, Water Fund, Sanitary Sewer Fund, Liquor Fund, and Earle Brown Heritage Center Fund. He also recapped that the City had received a clean opinion on financial statements; and that the City is continuing with ongoing assessment of financial projections and results including General, Other Operational, and Enterprise Fund Activities. STAFF OVERVIEW OF COMPREHENSIVE ANNUAL FINANCIAL REPORT Finance Director Reinhardt reviewed the 2016 Comprehensive Annual Financial Report (CAFR) and pointed out that there is a positive General Fund Operating Budget of $1,074,795; the General Fund Assigned and Unassigned Fund Balance represents 55.5 percent of next year's budgeted expenditures; and there is a fund balance >52 percent that will be transferred to the Capital Projects Fund ($715,544). He also outlined financial highlights in each of the following sections: General Fund Revenues, General Fund Expenditures, Enterprise Funds, Utility Funds, and other miscellaneous items. MISCELLANEOUS Councilmember Graves asked if the City's General Fund by Expenditures, particularly Public Safety, was typical among other cities. Mr. Eichten stated that it is fairly typical to see the similar ratios. Mr. Boganey responded that the nominal amount shows a significant variance between cities but the relative costs per capita are very similar. Councilmember Butler asked a question regarding whether the information used from the current year's budget is used to set the following year's budget. Mr. Boganey stated that each budget year stands on its own, previous years' results are used to inform budget making for the succeeding year. Commissioner Burke asked about the Curbside Pickup program. Mr. Boganey stated that the fee has been added into the utility billing to cover the costs of the program. Councilmember Ryan addressed concerns that the City will have significant costs in the future regarding sewer fund rates. Mr. Boganey handed out media training information to the City Council. The training will be three days regarding speaking skills in front of the camera. The training will be approximately 45 minutes per session. Council expressed interest in the training. ADJOURNMENT Councilmember Graves moved and Councilmember Ryan seconded to adjourn the Work Session at 8:30 p.m. Motion passed unanimously. 06/05/17 -2- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY/WORK SESSION JUNE 12, 2017 CITY HALL - COUNCIL CHAMBERS (III] 1 I] 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, Deputy City Manager Reggie Edwards, Finance Director Nate Reinhardt, City Attorney Troy Gilchrist, and Michaela Kujawa-Daniels, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS The City Council participated in media training. MISCELLANEOUS City Hall, Community Center and Public Works Parking Lot Improvements Councilmember Ryan introduced the Resolution Accepting Bid and Awarding a Contract, Improvement Project No. 2017-17, Contract 2016-K, City Hall, Community Center and Public Works Parking Lot Improvements. He stated he provided a packet with information and background on this Resolution. Councilmember Lawrence-Anderson stated the article on this topic was written by Travis who serves on the Park and Recreation Commission. Schedule Discussion Regarding Panhandlers and Town Hall Style Meeting Councilmember Butler asked if there is a time frame in which they can expect to have the discussion regarding panhandlers on the agenda. She stated she continues to get questions and concerns about this topic. She also noted she has been asked about when they will have the town hail style meeting. Mr. Boganey stated Mayor Willson will be gone for the next meeting, but they can add these to the agenda for the City Council meeting on July 10, 2017, if the Council wished to do so. There was a consensus to move forward with adding these to the agenda for the July 10, 2017, City Council meeting. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS 06/12/17 -1- DRAFT LIQUOR LICENSE REGULATIONS Mr. Boganey introduced this item and invited Mr. Edwards forward to discuss this item further. Mr. Edwards provided a presentation on the background and purpose of this item. Mayor Willson asked if the Planning Commission had taken any actions or provided any recommendations they want the City Council to consider while reviewing the current policies and fees. Mr. Eitel stated that the Planning Commission hadn't provided any specific recommendations and noted at this point they are just asking the City Council to review the current policies and fees and consider making changes to be more comparable to surrounding cities. PJL•IIJ NH i'& D'I (I]I (SI II [I] 1k'4 S) i KSJ RIJ'A &'i ii: t I'&ES1Ii[I1IJ Councilmember Graves moved and Councilmember Ryan seconded to recess the Study Session at 6:45 p.m. Motion passed unanimously. RECONVENE STUDY SESSION Councilmember Lawrence-Anderson moved and Councilmember Butler seconded to reconvene the Study Session at 6:53 p.m. Motion passed unanimously. LIQUOR LICENSE REGULATIONS - (continued) Mayor Willson asked Mr. Eitel if the Planning Commission is expecting the City Council to act on this item without having them review it again. Mr. Eitel stated he believes that is what the Planning Commission was expecting. Discussion of this item continued and reached conclusion at the June 12, 2017, Work Session later in the evening. ADJOURNMENT The Study Session was adjourned at 7:00 p.m. to the Regular City Council Meeting. Motion passed unanimously. 06/12/17 -2- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPII'T AND THE STATE OF MINNESOTA REGULAR SESSION JUNE 12, 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 6:45 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Marquita Butler, April Graves, Kris Lawrence- Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Deputy City Manager Reggie'eggi Edwards, Finance Director Nate Reinhardt, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, 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. Abraham Rizvi, 6038 Lilac Drive, Brooklyn Center, addressed the City Council. He asked the City Council about the poverty level for the 25 year old age groups stating in his research he has found that the millennials are a large group in poverty. He asked what the City is doing on this issue and if it is still accurate. Mayor Willson stated they have all the information and it is public. Councilmember Graves stated economic stability is on the strategic goals list and they hope to address that going forward. Mr. Rizvi asked to address Councilmember Butler, and asked what time she will be on KMOJ this Saturday. Councilmember Butler responded and stated at 9 a.m.-10 a.m. Councilmember Ryan explained the Open Forum process and stated Mr. Rizvi should go back and review the past Council meeting minutes and see what discussion has been done on the issues he is wondering about, noting the City Council will be addressing the strategic goals later on. Councilmember Lawrence-Anderson moved and Councilmember Butler seconded to close the Informal Open Forum at 6:52 p.m. Motion passed unanimously. 06/12/17 -1- DRAFT hk'LSIiMTSAI Councilmember Lawrence-Anderson stated she would like to talk about an issue close to her heart, organ donation. She stated it has affected her daughter and currently is affecting her husband. She noted the alarming statistics regarding how many US people are waiting for an organ donation. She requested a moment of silence and prayer for those affected by this as the Invocation. 3.CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:00 p.m. 4.ROLL CALL Mayor Tim Willson and Councilmembers Marquita Butler, April Graves, Kris Lawrence- Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Finance Director Nate Reinhardt, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, City Attorney Troy Gilchrist, and Michaela Kujawa-Daniels, TimeSaver Off Site Secretarial, Inc. 5.PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6.APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Ryan moved and Councilmember Graves seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1, May 22, 2017- Study/Work Session 2.May 22, 2017- Regular Session 3.May 22, 2017- Work Session 6b. LICENSES FIREWORKS Renaissance Fireworks GARBAGE HAULER Allied Waste Services of North America LLC Pines LePage & Sons Inc MECHANICAL 5801 Xerxes Ave N 8661 Rendova Street NE, Circle 23602 University Avenue NW, Bethel 06/12/17 -2- DRAFT 2 Cool 2 Heat, LLC 852 86th Ln NW, Coon Rapids Air Comfort Heating & A/C 19170 Jasper St NW, Anoka Air Express, Inc. 1010 li 8th Ave NE, Blaine Air Rite Mechanical Systems 6935 146th St W # 3, Apple Valley Freedom Heating & A/C 2500 Highway 88, Suite 107 Linn Star Transfer 9440 Wright Bros Ct SW, Cedar Rapids Optimum Mechanical System s, Inc. 3030 Centerville Rd, Little Canada River City Sheet Metal, Inc. 8290 Main Street NE, Suite 39, Fridley Sunburst Heating & Air Conditioning, Inc. 1556 Oakways St, Wayzata SIGNHANGER VEO Sign, LLC 6353 Martin Ave NE, Otsego RENTAL INITIAL (TYPE III— one-year license) 5909 June Ave N Jeffrey Davis 2208 69th Ave N Mark Ronea RENEWAL (TYPE III— one-year license) 5400-02 Russell Ave N Tai Pham 7024 Newton Ave N Troy Pfingsten (Missing cpted follow-up) 7224 Noble Ave N Quoc Ai Nguyen RENEWAL (TYPE II— two-year license) 3912 58th Ave N Prosperous Property LLC 1608 68 th Lane N John Dignan 532171 " Circle Pramod Khakural 5421 Lyndale Ave N Dragon Property Management 7024 Morgan Ave N McClure Properties 6807 Quail Ave N Paul Pham 5913 Washburn Ave N Robert E. Lindahl RENEWAL (TYPE I— three-year license) 4210 Lakebreeze Ave James and Bobbie Simons 7137 Grimes Ave N Shawn Banks 7212 Willow Lane N Michael Beasley 6c.RESOLUTION NO. 2017- 80 ADOPTING COMPREHENSIVE ANNUAL FINANCIAL REPORT OF THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR ENDED DECEMBER 31, 2016 6d.RESOLUTION NO. 2017-81 PROVIDING FOR THE REDEMPTION OF CERTAIN OUTSTANDING GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2008B OF THE CITY 06/12/17 -3- DRAFT 6e. RESOLUTION NO. 2017-82 APPROVING A MASTER PARTNERSHIP CONTRACT BETWEEN THE MINNESOTA DEPARTMENT OF TRANSPORTATION AND THE CITY OF BROOKLYN CENTER 61. RESOLUTION NO. 2017-83 APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 2016-05, 57TH AVENUE STREET IMPROVEMENTS 6g.RESOLUTION NO. 2017-84 APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NOS. 2017-10 AND 2017-11, 2017 PAVEMENT, TRAFFIC SIGNAL SYSTEM AND TRAIL REHABILITATION IMPROVEMENTS (69TH AVENUE AND FRANCE AVENUE) 6h.RESOLUTION NO. 2017-85 AUTHORIZING THE EXECUTION OF A LIMITED USE PERMIT AGREEMENT FOR THE EVERGREEN PARK AREA SAFE ROUTES TO SCHOOL TRAIL AND SIDEWALK IMPROVEMENTS WITHIN STATE RIGHT-OF-WAY BETWEEN THE CITY OF BROOKLYN CENTER AND THE MINNESOTA DEPARTMENT OF TRANSPORTATION 6i.RESOLUTION NO. 2017-86 AUTHORIZING EXECUTION OF THE BROOKLYN BRIDGE ALLIANCE FOR YOUTH JOINT POWERS AGREEMENT FOR THE PERIOD 2018-2022 6j.RESOLUTION NO. 2017-87 ADOPTING A NEW CITY LOGO AND TAGLINE Motion passed unanimously. 7.PRESENTATIONS/PROCLAMATIONS[RECOGNITIONSIDONATIONS None. 8.PUBLIC HEARINGS None. 9. PLANNING COMMISSION ITEMS None. 10. COUNCIL CONSIDERATION ITEMS 06/12/17 -4- 113 ME" 10 lOa. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSES Mayor Willson explained the streamlined process used to consider Type IV 6-Month Provisional Rental Licenses. Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on any of the rental licenses as listed on tonight's meeting agenda. Seeing no one coming forward, Mayor Willson called for a motion on Agenda Items 1 0a1 through 1 0a5. lOal. 6728 GRIMES AVE N 10a2. 5719 HALIFAX AVE N 100. 5321 JAMES AVE N 10a4. RESOLUTION NO. 2017-88 APPROVING A TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 1307 65TH AVE N lOaS. RESOLUTION NO. 2017-89 APPROVING A TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 3300 67TH AVE N Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for the following: 6728 Grimes Avenue North; 5719 Halifax Avenue North; 5321 James Avenue North; and adopt RESOLUTION NO. 2017-88 Approving a Type IV Rental License for 1307 65th Avenue North; and, RESOLUTION NO. 2017-89 Approving a Type IV Rental License for 3300 67th Avenue North, with the requirement that the mitigation plans and all applicable ordinances must be strictly adhered to before renewal licenses would be considered. Motion passed unanimously. lOb. RESOLUTION NO. 2017-90 ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2016-17, CONTRACT 2016-K, CITY HALL, COMMUNITY CENTER AND PUBLIC WORKS PARKING LOT IMPROVEMENTS Mr. Lillehaug introduced this item. Mayor Willson stated he would like to congratulate Mr. Lillehaug on a new position he has accepted. Mr. Lillehaug stated he has taken a position with the City of Shakopee and is sad to be leaving but appreciates everything the City has done for him and has enjoyed all the work they have done together. Mayor Willson stated Mr. Lillehaug has done great work and dealt with some very complicated tasks and wishes him well in his new position. Mr. Lillehaug stated he recommends the City Council accept the bid as submitted with the understanding that staff will try to work with the contractor on finding any potential cheaper costs for the work, but noted he does feel this is the best option. 06/12/17 -5- DRAFT Mayor Willson inquired about removing the flag pole that is currently without a flag on it. Mr. Lillehaug stated it is not in the bid but he will add that into the bid and noted the staff can certainly do that without a problem. Mr. Boganey stated he wants to reinforce the comments made earlier regarding Mr. Lillehaug's hard work and great vision he brought to the environment and pedestrian safety, it has been fundamental to the projects and residents and everyone should be grateful for his efforts. Councilmember Lawrence-Anderson moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2017-90 Accepting Bid and Awarding a Contract, Improvement Project No. 2016-17, Contract 2016-K, City Hall, Community Center and Public Works Parking Lot Improvements Motion passed unanimously. 11. COUNCIL REPORT Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: • May 23, 2017: Attended the MAC Meeting • June 5, 2017: Attended the Joint Financial Commission Meeting, he noted the auditor reported there needs to be no financial reporting changes and they are doing great. • June 10, 2017: Attended the Neighborhood Meeting Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: • June 13, 2017: Attending the Housing Commission Welcome Bag Event • June 15, 2017: Attending the BCBA Lunch. She noted Mr. Eitel will be presenting. • June 15, 2017: Attending the Orchard Lane Park Meeting at 6 p.m. - 7:30 p.m. June 22, 2017: Attending the Earle Brown Days Parade Councilmember Graves reported on her attendance at the following and provided information on the following upcoming events: • June 5, 2017: Attended the Joint Financial Commission Meeting • June 5, 2017: Attended the Youth Council Final Celebration • June 10, 2017: Attended the Internship Event in Brooklyn Center • June 11, 2017: Attended the Ramadan Open House Dinner co-organized with the MN Council of Churches Brooklyn Center. • June 17, 2017: Attending the Celebration at Mississippi Regional Park Saturday Councilmember Butler reported on her attendance at the following and provided information on the following upcoming events: • May 23, 2017: Attended the MAC Meeting • June 5, 2017: Attended the Joint Financial Commission Meeting • June 8, 2017: Attended the Brooklyn Center High School Graduation Ceremony 06/12/17 -6- DRAFT • June 13, 2017: Attending the Neighborhood Meeting on Topgolf at the Community Center • June 13, 2017: Attending the Housing Commission Welcome Bags Event Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: • May 23, 2017: Attended Rotary Luncheon • May 24, 2017: Attended and spoke at the Closing Side Fundraiser event at Edinburgh • May 25, 2017: Attended the City of Osseo Meeting with Mayor Poppe • May 26, 2017: Attended Weekly Administration Meeting with Mr. Boganey • May 30, 2017: Attended Rotary Lunch • June 5, 2017: Attended the Joint Financial Commission Meeting • June 6, 2017: Attended Rotary Lunch • June 8, 2017: Attended a dangerous dog hearing, he noted a board member passed away in January, that they were not aware of until recently. He noted they will need to have a Mayoral posting and ratification for open board position. • June 9, 2017: Attended a Meeting with Mr. Boganey • June 17, 2017: Attending Ramadan event. He stated he will forward the details to the Councilmembers and noted it is in Brooklyn Park. 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Butler seconded adjournment of the City Council meeting at 7:34 p.m. Motion passed unanimously. 06/12/17 -7- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION JUNE 12, 2017 CITY HALL - COUNCIL CHAMBERS Kill] 1 I] The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session called to order by Mayor/President Tim Willson at 7:34 p.m. ROLL CALL Mayor/President Tim Willson and Councilmembers/Commissioners Marquita Butler, April Graves, Kris Lawrence-Anderson, and Dan Ryan were present. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Finance Director Nate Reinhardt, Director of Business and Development Gary Eitel, City Attorney Troy Gilchrist, and Michaela Kuj awa-Daniels, TimeSaver Off Site Secretarial, Inc. LIQUOR LICENSE REGULATIONS Mr. Edwards introduced this item for continuation of the discussion from the Study Session earlier this evening. Councilmember/Commissioner Butler asked how the license type is determined. Mayor/President Willson stated it depends on what and how much they sell. Councilmember/Commissioner Butler asked how they know how much they sell beforehand to apply for a certain license type. Mayor/President Willson stated they review their books and keep track. Councilmember/Commissioner Butler stated she understands and noted they predict their income of liquor sales to determine which license they need. Mayor/President Willson replied that is correct. Mr. Edwards reviewed the comparable cities to Brooklyn Center and their food and liquor sales ratio. Mayor/President Willson stated he would like to express his appreciation to the Planning Commission for bringing this item forward, stating there are several issues on this topic. Mayor/President Willson stated he is very pleased to see the crime statistics included in the presentation. He stated he is concerned about the staff time and costs to regulate it however. He stated the State Statute stands and they will need to stay within those guidelines. He stated the rental ordinance has worked out well and maybe they can apply some of those ordinances to this topic. 06/12/17 -1- DRAFT Mayor/President Willson stated he is in favor of amending the ordinance and license fee. Councilmember/Commissioner Butler stated she finds Roseville' s numbers very interesting and would like to see their statistics. She stated she is interested in seeing how they attract so many businesses. She stated she is in favor of amending the ordinance and fees as well. Councilmember/Commissioner Graves agreed with Mayor/President Willson and Councilmember/Commissioner Butler. She stated she would like to have something more comparable to the other cities. She stated she doesn't feel they need more liquor stores but stated she would like to see more restaurants like residents have expressed as well. Mayor/President Willson stated she brings up a good point and they will need to look at the municipal funded liquor stores. Mr. Boganey stated as a municipal liquor store City, the City cannot add more stores without having approval first. Councilmember/Commissioner Lawrence-Anderson stated she thanks them for the information and has wondered why there aren't more sit down restaurants in Brooklyn Center and now it makes sense. She stated she would like to see the State Statute and would like to see this changed and appeal to younger crowds. She stated she is in favor of amending this ordinance and the fees and would like to see it less complicated and preferably, done before the super bowl. Councilmember/Commissioner Ryan stated simplification would be nice, with fewer classifications. He stated they should look at removing or reducing some fees and City restrictions, and then look at other ways to attract more restaurants. He stated they want to be reasonable and restrict plain drinking establishments but want to encourage places that serve liquor as an enhancement to their dining experience. Mayor/President Willson stated he agrees that a level playing field will help bring more business here. He stated there is a consensus to look at amending the ordinance and license fee, and noted if they can get it done before the super bowl that would be ideal. He stated he doesn't want to put too much pressure on staff however. Mr. Boganey stated they would want it done as quickly as possible as well with the targeted development strategic goal in mind. Councilmember/Commissioner Ryan stated the establishments that have succeeded with liquor licenses, he believes are due to best practices on behalf of the management. DISCUSSION OF THE BROOKLYN CENTER STRATEGIC PLAN Mr. Boganey introduced this item and provided background on it. He reviewed the 2016-2018 strategic plan priorities and compared them to the 2018-2020 strategic plan priorities. The only difference between the 2 plans is #5, strengthened and empowered youth, compared to safe, secure, and stable community. 06/12/17 -2- DRAFT Mr. Edwards asked if there is a consensus regarding the new vision statement and if there is a consensus regarding the 2018-2020 strategic plan. Mayor/President Willson stated his first observation is on page 21, his last name needs to be corrected and he believes there is a duplicate priority listed as well. Councilmember/Commissjoner Ryan stated his question arises from the City survey results he stated supporting and strengthening the communities could be incorporated in the other priorities. Councilmember/Commjssioner Graves stated many things the City focuses on can fall into many different categories. She stated she likes the statement but it is long and could do without the wording will be and is, noting they need to be one way other another. Councilmember/Commjssjoner Ryan stated he is fine with the proposed statement and noted that vision statements are supposed to be somewhat aspirational, so he feels it's appropriate. Councilmember/Con-mijssjoner Butler stated she agrees with the wording changes that Councilmember/Commissioner Graves noted. Mr. Boganey asked how they would feel if the statement read, "We envision Brooklyn Center as a thriving, diverse community...." The City Council/Commission agreed they liked Mr. Boganey's suggestion. Councilmember/Commissioner Ryan provided a different draft of a mission statement for the City. Mayor/President Willson stated he likes it. Councilmember/Commissioner Graves stated she does as well, but it is missing the word "inclusive". Councilmember/Commissioner Ryan stated the statement needs to have the biggest impact with the least amount of words. He then stated it would lead into the vision statement. Councilmember/Con-m -iissjoner Lawrence-Anderson stated she likes the current mission statement. Councilmember/Commissioner Graves stated she echoes her thoughts. She stated it feels a bit over formal and impersonal. She stated she gets where Councilmember/Commissioner Ryan is coming from wanting it shorter, but likes the current one more. Councilmember/Commissjoner Butler stated she agrees with Councilmember/Commissioner Graves, and would like the word "inclusive" to be in the statements and likes the current statement as it is. Mr. Boganey stated an alternative to the issue with the word "inclusive," is that they could accept the statement by Councilmember/Commissioner Ryan and change the last line to say "an inclusive manner that preserves the public trust." There was a consensus to keep the current mission statement. 06/12/17 -3- DRAFT ADJOURNMENT Councilmember/Commissioner Ryan moved and Councilmember/Conimissioner Graves seconded adjournment of the City Council/Economic Development Authority Work Session at 8:45 p.m. Motion passed unanimously. 06/12/17 -4- DRAFT City Ctrnfn1ll Agenda JIfrm N©0 6b [S[I1II[iI I U I I k"A Uh'A I Ik'A (I) 1I I1IJ I DATE: June 16, 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 June 26, 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. AMUSEMENT DEVICE Mendota Valley Amusement, Inc. 6110 Brooklyn Blvd dba: Brooklyn Center American Legion Post #630 Mendota Valley Amusement, Inc. dba: MCTO Brooklyn Center GARBAGE HAULER Ace Solid Waste, Inc. Aspen Waste Systems, Inc. Dalring Ingredients, Inc Dick's Sanitation Service, Inc. Walz Brothers Sanitation MECHANICAL Action Heating & A/C Action Mechanical Angell Aire, Inc Bonfes Plumbing & Heating Galaxy Mechanical, Inc Heating & Cooling Two, Inc RENTAL See attached report. 6845 Shingle Creek Parkway 6601 McKinley Street NW, Ramsey 2951 Weeks Avenue SE, Minneapolis 9000382 nd Avenue, Blue Earth 8984215 th Street West, Lakeville P.O. Box 627, Maple Grove 8140 Arthur St. NE Spring Lake P0 BOX 23069, Barling AR 72923 12253 Nicollet Ave 5, Burnsville 455 Hardman Ave South, St. Paul 7920 173rd Ave NE, Ham Lake 18550 County Rd 81, Maple Grove Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Inspected Unit 1-2 units 0-1 3+ units 0-0.75 1-2 units Greater than 1 but not more than 4 3+ units -Greater than 0.75 but not more than 1.5 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 1-2 units Greater than 8 3+ units Greater than 3 IEI1Bk[* I • I U h'A Uh'A I k"A (I) 1WI P1UhYA I Rental License Category Criteria Policy - Adopted by City Council 03-08-10 Property Code and Nuisance Violations Criteria License Category I Number of Units I Proiertv Code Violations ner (Based on Property Code Only) Type I - 3 Year Type 11-2 Year Type III - 1 Year Type IV —6 Months License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.3 5 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. 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ILU N-1 I 0)N I LU-I I LULI) I CC)LI)fLU -1N tLU City C©miil Aiida I[tm N©0 6© [I[IIIJ[iJ I Nil ML'A U'A I DIL"A (I] UI I1IJ'A I DATE: June 20, 2017 TO: Curt Boganey, City ManNC4 FROM: Steve Lillehaug, Director of Public Works/City Engineer JI SUBJECT: Resolution Approving Amendment to the Professional Services Agreement with Bolton & Menk, Inc., for the Water Treatment Plant Project, Improvement Project No. 2014-05 Recommendation: It is recommended that the City Council consider approval of the attached resolution approving an amendment to the professional services agreement with Bolton & Menk, Inc., for the Water Treatment Plant project, Improvement Project No. 2014-05. Background: On December 9, 2013, the City Council authorized execution of a professional services agreement for design and construction inspection/management services with Bolton & Menk, Inc. (BMI) for the Water Treatment Plant. Plans were developed, Knutson Construction Services constructed the project and the project is now substantially complete. The Water Treatment Plant has been in service since January 2016. BMI has been working with the City under this agreement since 2013, approximately three and a half years. The total original budget was $1,089,176. The original final completion date was July 2016. The project is now one full year past final completion date due to the following outstanding final deliverables: punch list items remaining to be completed, humidity issues within the facility that are yet to be fully addressed, corrosion issues that must be mitigated, radon gas issues that are continuing to be evaluated and other miscellaneous items required to complete the project. BMI continues to be committed to deliver this project and requests the City to consider compensation for additional services as outlined below. BMI services were broken out into two primary categories: design phase and construction phase. The completion of the design phase work ended within budget with exception to some minor out-of-scope work that was directed to be added and has already been paid to BMI in the amount of $42,536.75 as follows: • facility sizing confirmation memo $ 4,865.00 • environmental options evaluation memo $ 5,587.50 • plans for full system SCADA replacement $ 5,163.40 • generator permitting $ 6,595.85 • additional desiun tasks $20,325.00 TOTAL $42,536.75 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust i1fl[iJ iflI Dk'4 UhYA ID4[I) 1II WIL I The construction phase budget has been exceeded, most notably due to the project being extended an additional year, working through final delivery items of the project including several issues experienced upon completion of the project, most notably the drinking water quality issues, humidity issues and radon gas issues. BMI has indicated that their actual time spent on the project has exceeded the budget in the amount of $367,237 to date (see attached BMI letter dated June 15, 2017). In this letter, BMI outlines three main points for consideration by the City as follows: 1.BMI has agreed to pay $143,199.90 in reimbursements to the City plus an additional direct payment to a contractor in the amount of $14,854 to cover expenses for additional construction items that shouldn't necessarily have been the responsibility of the City. This reimbursement will be paid to the City by BMI (or deducted from BMI's fees). 2.BMI's additional costs have exceeded the agreement amount by $367,237. In consideration of the many dynamics to the project, BMI is willing to write off a significant portion of these costs with an agreed amount to be paid by the City of $128,919 (writing off $238,318). 3. BMI has agreed to pay for and address all corrosion mitigation issues caused by the chlorine off-gassing and high humidity experienced within the facility as outlined in the Corrosion Review Summary (see attached). The expense of this work has not yet been fully quantified and priced; however, it is estimated that this mitigation work could exceed $50,000. In summary, considerable expense has been agreed to be absorbed and reimbursed by BMI. BMI is requesting for consideration to amend their Professional Services Agreement with the City to be paid the additional amount of $128,919. Budget Issues: The original contract amount with BMI for professional services for the Water Treatment Plant Project was $1,089,176, which was a "not to exceed" amount unless amended. Prior approved out-of-scope work amounted to $42,536.75, as outline above. The recently negotiated fee amount of $128,919 for additional professional services that were used to deliver the Water Treatment Plant Project improvements is also recommended to be approved. The amended contract amount is $1,260,631.75. Strategic Priorities: Key Infrastructure Investments Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH BOLTON & MENK, INC., FOR THE WATER TREATMENT PLANT PROJECT, IMPROVEMENT PROJECT NO. 2014-05 WHEREAS, on December 9, 2013, the City Council approved a resolution authorizing a Professional Services Agreement with Bolton & Menk, Inc., to proceed with and provide the services for the design and construction inspection/management services as required to construct a new water treatment plant, Project No. 2014-05; and WHEREAS, the 2014 Capital Improvement Plan included the Water Treatment Plant Improvement project that has subsequently been constructed and is substantially complete; and WHEREAS, an amendment to the aforementioned Professional Services Agreement has been negotiated with Bolton & Menk, Inc., for additional services provided. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the City Manager is hereby authorized to execute the amendment to the Professional Services Agreement with Bolton & Men,-, Inc., in the amount of $171,455.75 for the additional professional services received for the Water Treatment Plant project. June 26, 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. 12224 Nicoltet Avenue Burnsvitte, MN 55337-1649 Ph: (952) 890-0509 Real People. Real Solutions. Fax: (952) 890-806 Bolton-Menk.com June 15, 2017 Steven L. Lillehaug, PR, PTOE Director of Public Works/City Engineer City of Brooklyn Center 6301 Shingle Creek Pkwy Brooklyn Center, MN 55430-2113 RE: Brooklyn Center Water Treatment Facility City of Brooklyn Center, MN Project No.: N21.107570 Dear Mr. Lillehaug, The purpose of this letter is to summarize to date where the project stands in the terms of outstanding payments and engineering fees and to develop a path for acceptance of these items. Below is a summary, of these items. 1.We are accepting the following cost obligations to the City of Brooklyn Center to cover expenses that are for the items noted in the attached Project Change Summary spreadsheet. These items total to date $143,199.90. In addition, and as noted in the attached, Bolton and Menk has previously paid a contractor to haul excess material off-site and the total for this work was $14,854.70. 2.The attached sheet shows the additional costs to date have been expended by our design team for this project. This amount totals $367,237 which is the amount to date that is above our original contract amount. The City has previously indicated in May of 2016 that they would be willing to pay an additional $100,000 in fees for time Bolton & Menk has spent or may spend on this project based on the extended completion date of the project from Knutson's completion timeline for all punchlist work extending into 2017, extended operational support, and changes typical of project contingency adjustments. We are also respectfully requesting payment for items that were unforeseen and are typical of contract adjustments based on changed conditions related to the following items completed in 2017: a.Chlorine Study-$13,919 i. Speciation testing, additional analysis, sample collection b.Design of walls in filter room for Radon mitigation - $15,000 i. Preparation of design drawings for new walls We are therefore respectfully requesting a contract amendment in the amount of $128,919 for the additional time and effort Bolton and Menk has spent on this project that falls within typical standards of project contingency changes, additional services, or unforeseen conditions related to the contractors schedule or performance of work. In this amendment, we are waiving all other service expenses beyond this amount for the project until the final payment application and final H:\BRCN\N21107570\1_Corres\To Ctty\Ltllehaug )trjune 2017.docx Bolton & Menk is an equal opportunity L.ME- MEOWu'-ai. .... Name: Mr. Steve Lillehaug, P.E., PTOE Date: June 15, 2017 Page: 2 acceptance by the City. Should the City request additional tasks from Bolton & Menk those tasks would be compensated separately. As noted in item 1 above, the items that Bolton and Menk is accepting cost obligations from the Project Change Summary is $143,199.90. The City has paid the contractor for the items noted and listed in the attached Project Change Summary. In lieu of payment for accepted fees noted in item 2 above, Bolton and Menk will pay as a matter of settlement, the difference between the final Project Change Summary minus the $128,919 fee amount for corrective work after consideration of adjustment for acceptable fees and makes no claim to additional fees or expenses. Based on the above, no payment from the City is owed, Bolton and Menk will pay the City $14,280.90 in addition to a direct payment for the following item. 4. Corrosion is a remaining seMement item not defined above that Bolton & Menk has committed to addressing in accordance with a mitigation plan. The corrosion portion of the project and the costs for dealing with corrosion issues have not yet been fully determined. Attached is the analysis of the corrosion review we completed for the facility and it is broken out by room. The plan is to clean those items that can be cleaned to a new condition, if cleaning doesn't fully address the corrosion, then the items will be replaced. We have discussed how to deal with the corrosion issues with Knutson and they will work to clean and/or replace the items noted in the attached Corrosion Review Summary. The costs for the corrosion work would be added to the Project Change Summary spreadsheet and Bolton & Menk, and as noted in item 3 above, would pay for these additional expenses. The net result will be no further payment to Bolton and Menk for services rendered past the completion date of the project until final completion and acceptance, a payment from Bolton and Menk to the City for approximately $3 0-50,000 depending on the extent of corrosion mitigation costs, and all other staff cost incurred by our team will be waived as our cost in full currently totaling $238,318 through April, 2017 beyond the amendment amount of $128,919. We look forward to helping in the effort to bring the project to final acceptance and final payment and feel this will aid in documenting discussions to date. If you have any questions or need any further information please do not hesitate to contact myself or Dan Lonnes with any questions. Sincerely, Bolton & Menk, Inc. Seth A. Peterson, P.E. Principal Engineer Enclosures Cc: Robert Brown, P.E., Vice-President Dan Lonnes, P.E., Principal Engineer Brian Guldan, P.E., Project Engineer }-1:\BRCN\N21107570\1_Corres\To City\Liliehaug Itr June 2017.docx Brooklyn Center /WTP N21.107570 Period Write Off Amount 4/14 $42,085.00 5/14 $12,904.73 8/14 $22,680.52 9/14 $7.45 10/14 $352.13 11/14 $82.68 Subtotal $78,112.51 10/15 $14,535.68 11/15 $10,631.47 12/15 $2,906.91 Subtotal $28,074.06 2/16 $11,330.50 3/16 $7,909.96 4/16 $3,359.35 Subtotal $22,599.81 10/16 $57,053.28 Subtotal $57,053.28 Total Write Off $185,839.66 Brooklyn Center WTP - Non-Billed Time T2G 12/21/2015 - 03/11/2016 $24,773.76 03/12/2016 - 04122/2016 $8,822.63 04/23/2016 - 11/04/2016 $51,089.33 11/05/2016 - 01/27/2017 $1,403.00 01/28/2017-04/21/2017 $823.50 Total T2G $86,912.22 Brooklyn Center WTP R2G 04/2016-04/21/2017 $65,000.00 Final Total T2G/R2G $151,912.22 Work in Progress Thru 4121/2017 1 $ 29,485.50 Total Costs Write Off $185,839,66 Non-Billed Time $151,912.22 Work in Progress $29,485.50 Total Costs $367,237.38 xno >-. 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U aI (U 0 =(U .. c0 oo =(0 0-o =(0 0-o =(0 0t) =(0 00=(0 0 0 0= 0O.9Ii0 o 0o 00 oo a>. 02 Li c0c0 LI 202 8i• =0c0- U =0c002 LI =0c002 Li =0 0- 2 LI =0c00 2 0 0U 00 0U (00 8.-.0.0 20a-u E 2 0 O (0 a 0 228.0 o2 2 2 '0 o 2 a<- o . 2 2o 2 2 . o : 2 -8 -2 0 2 O -'0 2 00 (0o 0 0 0 0 .-o(0.0)0 2 0 z = --X as 0 00)U o oI i lw a 0.2 2 0 2 2C .2 82 0 00 E o 0 ' c o 41 U H' 0) 0. U Oty Crn©il Agerm llrn N©0 d COUNCW ]flfM MEMORANDUM DATE: June 26, 2017 TO: Curt Boganey, City Mane FROM: Jesse Anderson, Deputy Director of Building and Community Standards/HRA Specialist SUBJECT: A Resolution Ordering The Abatement Of Conditions Creating A Nuisance And A Hazardous Property Existing At 7241 Fremont Avenue North In The City Of Brooklyn Center Recommendation: Staff is recommending the adoption of the subject resolution declaring the accessory structure and the principal structure a hazardous building and life safety hazard, authorizing the City Manager to abate the nuisance. The resolution declares the property a Hazardous Building and authorizes the City to enter into an abatement agreement with the property owners. If the owners fail to sign the abatement agreement, staff will proceed with the order to abate; this would require a judge's approval before the abatement can proceed. Background: The property at 7241 Fremont Ave N is currently vacant and uninhabitable due to the existing health and life safety hazards relating to unsanitary conditions and excessive amount of storage. On January 26, 2017 the house was declared a public health nuisance by Hennepin County Environmental Services due to the conditions inside the property. The following is a brief summary of actions related to this recommended Council action: January 26, 2017 City staff conducted a follow up to previous complaints and to conduct a welfare check. The property was found to be vacant with several property code violations. The City staff declared the home not fit for habitation and the property was posted. January 31, 2017 Hennepin County Environmental Health inspected the property with the consent of the owner. It was declared a Public Health Nuisance due garbage strewn around the interior of the dwelling and garage; no clear walking path throughout the dwelling; egress blocked throughout the dwelling (unable to access doors and windows); putrid and decaying organic matter throughout the dwelling; insect infestation throughout the dwelling; unsanitary conditions throughout the dwelling, including in the kitchen and bathrooms; no running water or flushing toilet in the bathrooms. Correction orders were issued by Hennepin County. January 28, 2017 City staff spoke with the owner and confirmed that he was in care facility and will not be returning to the property. February 14, 2017 Hennepin County Environmental Health inspected the property. The property remained in violation. Correction orders were issued by Hennepin Mission: Ei;suuiiig an attractive, clean, safe, inclusive co;nmunitj' 111(11 enhances (lie quality of life for (ill people and preserves the public (just :isiuicsiiu ii • . oiniui County. o February 14, 2017 City staff was informed by a family member of the owner stating that they have hired Junk King to remove trash, junk, and debris from the interior of the property. February 16, 2017 City staff posted the property as a vacant building. A notice was posted and mailed to remove, junk, trash, debris volunteer trees, brush, and leaves. o March 6, 2017 City staff met with Hennepin County to conduct an inspection of the property. The property remained in violation. o March 6, 2017 City staff met with abatement contractor at the property to remove junk, trash, debris volunteer trees, brush, and leaves. o March 15, 2017 City staff met with Hennepin County staff to discuss the correction orders. Hennepin County staff stated their orders expired and there has not been any attempt to correct the violations. It was determined that the hazardous building state statute or an abatement agreement were most likely options for cleanup. o March 20, 2017 the abatement for junk, trash, debris volunteer trees, brush, and leaves were completed. o June 9, 2017 City staff will have the property mowed by the contractor. The property remains vacant and is secured. Based on findings, staff recommends the City Council adopt the findings of the City Inspectors regarding the hazardous conditions and authorize the City Manager to abate the nuisance by removing any remaining junk and debris, and repairing the immediate damage to the home and property. Budget Issues: The estimated direct cost of cleaning out the house and garage is $17,000 depending on disposal and material costs. All associated costs of abatement will be the responsibility of the owner and if unpaid, the costs will be specially assessed against the property. Strategic Priorities: Enhanced Community Image Attachments: • Resolution • Order • Photos Mission: Ensuring on attractive, clean, safe, inclusive community that enhances the (Jii(ilitJ' of life for al/people and preserves the public lisist Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ORD 'a Ii i HAZARDOUS/NUISANCE CONDITIONS AT 7241 FREMONT AVENUE NORTH IN THE CITY OF BROOKLYN CENTER WHEREAS, the real property located at 7241 Fremont Avenue North, legally described on Exhibit A attached hereto (the "Property"), contains, in part, a single-family dwelling, a garage, and an accessory shed; and WHEREAS, the Property is owned by Garald G. Schake (the "Owner") and is currently unoccupied; and WHEREAS, on or about January 31, 2017, a physical inspection of the Property was conducted by the Hennepin County Public Health Department and the City of Brooklyn Center (the "Authorities") and the following conditions were observed: garbage strewn around the interior of the dwelling and garage; no clear walking path throughout the dwelling; egress blocked throughout the dwelling (unable to access doors and windows); putrid and decaying organic matter throughout the dwelling; insect infestation throughout the dwelling; unsanitary conditions throughout the dwelling, including in the kitchen and bathrooms; no running water or flushing toilet in the bathrooms; and WHEREAS, the Authorities also observed that the accessory shed located on the Property has numerous unrepaired openings, is significantly deteriorated, and is not structurally sound; and WHEREAS, the Authorities have also conducted an inspection of the exterior portion of the Property and observed multiple landscaping ponds that are dilapidated, unmaintained, and unsanitary; and WHEREAS, Minnesota Statutes, Section 463.15, subdivision 3 defines a "hazardous building or hazardous property" as "any building or property, which because of inadequate maintenance, dilapidation, physical damage, unsanitary condition or abandonment, constitutes a fire hazard or a hazard to public safety or health"; and WHEREAS, Minnesota Statutes, section 609.74 and section 19-101 of the Brooklyn Center City Code deem it a public nuisance to maintain or permit a condition which unreasonably annoys, injures or endangers the safety, health, morals, comfort, or repose of any number of members of the public; and WHEREAS, Minnesota Statutes, section 463.161 authorizes the governing body of any city or town to order the owners of any hazardous building or property within the municipality to correct or remove the hazardous conditions; and A-i 500520v1 DTA BR291-377 WHEREAS, Minnesota Statutes, Section 463.161 et seq. authorizes a city to correct or remove a hazardous condition of any hazardous building if the owner of record fails to do so after a reasonable time and the district court enters a judgment sustaining the city's order; and WHEREAS, pursuant to section 19-105 of the City Code, the City Council may also order the abatement of a nuisance on any premises; and WHEREAS, on January 31, 2017, the Authorities personally provided to the Owner a compliance order indicating their intent to take further abatement action if the Owner failed to correct the issues described herein; and WHEREAS, the Owner did not appeal the compliance order, nor has he complied with the compliance order, and the Property is still in the above-described condition; and WHEREAS, based on the information presented, the City Council has decided that the condition of the Property is both hazardous and a public nuisance and, therefore, must be abated in accordance with applicable state and local laws. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1.The City Council adopts, as factual findings, all of the above-listed Recitals. 2.The Property's single-family dwelling, garage, and shed, along with the exterior portion of the Property, are all hazardous, as defined by Minnesota Statutes, Section 463.15 and Section 12-1103 of the Brooklyn Center City Code. 3. The single-family dwelling on the Property is unfit for human habitation under Section 12-1101 of the Brooklyn Center City Code. 4.The condition of the Property also constitutes a public nuisance within the meaning of Minnesota Statutes, Section 609.74 and Section 19-101 of the Brooklyn Center City Code. 5.The condition of the Property's dwelling also violates Sections 12-301 to 12-305 of the Brooklyn Center City Code (Maintenance, Storage and Disposal of Rubbish and Garbage) and 12-311 (Food for Rodents). 6.The condition of the Property's shed also violates Section 12-707 of the Brooklyn Center City Code (Accessory Structure Maintenance). 7. The City Attorney shall prepare an Abatement Order substantially similar to that attached hereto as Exhibit B. A-2 500520v1 DTA BR291-377 8.The City Attorney is authorized to take all necessary legal steps to effectuate service of this Resolution and the corresponding Abatement Order in the manner required by state and/or local law. 9.The City Attorney and City staff are further authorized to take all necessary legal steps to secure compliance with the Abatement Order and to obtain authority to remove and abate the hazardous and nuisance conditions on the Property by court order and assess the costs thereof against the Property. June 26, 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. A-3 500520v1 DTA BR291-377 *:i :11 :i I iI 1 D[I) mu Legal Description That part of the East 125 feet of the Northwest Quarter of the Northwest Quarter of the Southwest Quarter of Section 25, Township 119 North, Range 21 West of the Fifth Principal Meridian, lying north of the south 505 feet thereof, being a part of Lot 46, Auditor's Subdivision Number 309, Hennepin County, Minnesota, according to the recorded plat thereof. A-4 5005200 DTA BR291377 a,:i :11 :i i• Abatement Order STATE OF Mll\TTNINESOTA DISTRICT COURT COUNTY OF HENEPfN FOURTH JUDICIAL DISTRICT Case Type: Other Civil In the Matter of the Hazardous Building Located at 7241 Fremont Avenue North, Brooklyn Center, Minnesota ORDER!3(I:: iisL;Ir'1 PROPERTY TO: All owners, occupants, and lienholders of record. The City Council of the City of Brooklyn Center (the "City") orders that within 20 days of service of this Order that you abate the hazardous/nuisance conditions which exist on the property located at: 7241 Fremont Avenue North, in the City of Brooklyn Center, which property is legally described on Exhibit A attached hereto (the "Property") The City, pursuant to Minnesota Statutes Sections 463.15 to 463.261, finds that the Property constitutes a hazardous building and/or property and a public nuisance. The following observations lead to these findings: garbage strewn around the interior of the dwelling and garage; no clear walking path throughout the dwelling; egress blocked throughout the dwelling (unable to access doors and windows); putrid and decaying organic matter inside of the dwelling; insect infestation throughout the dwelling; unsanitary conditions throughout the dwelling; no running water or flushing toilet in dwelling's bathrooms; the unmaintained and dilapidated accessory shed; and the numerous unmaintained, dilapidated, and unsanitary landscaping ponds. B-i 500520v1 DTA BR291-377 The City also finds that the property located at the above-referenced address constitutes a public nuisance for the same reasons set forth above and is in violation of numerous provisions of the Brooklyn Center City Code. The property is also unfit for human habitation pursuant to Section 12-1101 of the Brooklyn Center City Code. Accordingly, it is hereby ORDERED that you abate the hazardous/nuisance conditions within 20 days of the date of service of this Order by completing the following: 1.Remove all garbage and unnecessary articles from the dwelling and garage; 2.Provide clear passage through the dwelling's rooms; 3.Provide egress to all doors and windows inside of the dwelling; 4.Remove and properly dispose of all decaying and putrid organic matter inside the dwelling; 5.Treat the dwelling for insect infestation to ensure removal of all pests and insects; 6.Clean the restrooms and kitchen to make free from debris and soil; 7.Provide running and flushing water in restrooms; 8.Repair or remove the unmaintained accessory shed; and 9. Remove or repair the unmaintained landscaping ponds from the exterior of the property. You must apply for and obtain the appropriate permit(s) for the work you intend to perform from the appropriate City offices before abating the conditions. This Order is not a permit. Further, all work completed is subject to inspection by the City's building inspector, Fire inspector, and other staff City or County Personnel, as required, to ensure compliance with applicable rules and law. B-2 500520v1 DTA BR291377 You are further advised that unless such corrective action is taken or an Answer is served on the City and filed with the Hennepin County District Court Administrator within 20 days of the date of service of this Order upon you, a motion for summary enforcement of this Order will be made to the Hennepin County District Court. You are further advised that if you do not comply with this Order and the City is compelled to take any corrective action, all necessary costs incurred by the City in taking the corrective action will be assessed against the property pursuant to Minnesota Statutes Section 463.21. In connection thereto, the City intends to recover all its expenses incurred in carrying out this Order, including specifically but not exclusively, filing fees, service fees, publication fees, attorneys' fees, appraisers' fees, witness fees, including expert witness fees and traveling expenses incurred by the City from the time this Order was originally made pursuant to Minnesota Statutes Section 463.22. Dated , 2017 KENNEDY & GRAVEN, CHARTERED By: David T. Anderson (#393517) 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 ATTORNEY FOR THE B-3 5005200 DTA BR291-377 [II1IJ[i1 fl I 1k'IUk'A I 3k'A (I) tflI I1iI!ul *i :i : i wi (IYW I '4 I Mu i) i I) M Legal Description That part of the East 125 feet of the Northwest Quarter of the Northwest Quarter of the Southwest Quarter of Section 25, Township 119 North, Range 21 West of the Fifth Principal Meridian, lying north of the south 505 feet thereof, being a part of Lot 46, Auditor's Subdivision Number 309, Hennepin County, Minnesota, according to the recorded plat thereof. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust ö i1' •&. 1.iI Lq £ ___ : '!L •T.. -' ; . 'I •• .r -.. I S 17 10: AN vp ML ,s V . L * - ., I1.. V 'I! __ •1r -. 0 I//2O 17 10:36 AM /1 -i I z / e7' 64 ILII r (fiji . lk j -, P-4,wc, • - .. •-•:Vwf: 2':! fF?t!/..t I -- -M . \ C AL k r (f & a Iko \[1 iJ / t Al 1'. S C I- I . /2017 10:33 AM I. II I....p . ! I 17 10: AM - • .. Hennepin Epidemiology and Environmental Health Epidemiology: (612) 543-5230 1011 South First Street, Suite 215 EnvIronmental Health: (612) 5435200 Hopkins, MN 55343-9413 FAX: (952) 3515222 UJoItNtsYlIIJBP E: Garald Sehake 7241 Fremont Ave N Brooklyn Center, Minnesota, 55430 PURSUANT TO THE AUTHORITY GRANTED IN HENNEPIN COUNTY ORDINANCE 25 SECTIONS 2.01 D, F, C, 1 AND MINNESOTA STATUTES SECTION 145A.04 (COPIES PROVIDED), BE ADVISED THAT HENNEPIN COUNTY ENVIRONMENTAL HEALTH HAS FOUND THAT A PUBLIC HEALTH NUISANCE EXISTS AT: 7241 Fremont Ave N Brooklyn Center, Minnesota, 55430 TO WIT: • Garbage strewn around the interior of the dwelling and garage. • No clear walking path through out the dwelling. • Egress blocked through doors and windows, • Organic matter putrid and decaying. • Insect infestation. • Unsanitary conditions in the kitchen and bathrooms. No running water or flushing toilet in bathroom. YOU ARE HEREBY ORDERED TO ABATE THE NUISANCE AS FOLLOWS: • Remove garbage and unnecessary articles from the dwelling and garage. • Provide clear passage through rooms. • Provide egress to all doors and windows, so emergency personnel can enter the home safely. • Remove and dispose of all decaying and putrid organic matter. • The garbage must be removed from the property. • The dwelling must be treated for insect infestation, to remove the pests. • Clean the restroom and kitchen area of debris and soil. Provide running and flushing water in restroom. TRIS ACTION MUST BE COMPLETED NO LATER THAN 4iQQL1SThithrtJ4th. 2017. RECE1'ED BY:/) I)y,{ij ,/? 'DATED: I 3//I IF PROPERTY OWNER IS NOT PRESENT TO SIGN THIS NOTICE, IT WILL hF. LEFT AT TElLENTRANCE. ---a HennepinLt Epidemiology and Environmental Health Epidemiology: (612) 543-5230 1011 South First Street, Suite 215 Environmental Health: (612) 543-5200 Hopkins, MM 55343-9413 FAX: (952) 351-5222 O W [1 3(S) 11V 34 Garald Schake 7241 Fremont Ave N Brooklyn Center, Minnesota, 55430 Regarding: Abatement of the Public Health Nuisance located at Gerald Schake 7241 Fremont Ave N, Brooklyn Center, Minnesota, 55430 Mr. Schake On January 31st, 2017 you were issued the following orders to abate the nuisance on your property listed above: • Remove garbage and unnecessary aticles from the dwelling and garage. • Provide clear passage through rooms, • Provide egress to all doors and windows, so emergency personnel can enter the home safely. • Remove and dispose of all decaying and putrid organic matter. • The garbage must be removed from the property. • The dwelling must be treated for insect infestation, to remove the pests. • Clean the restroom and kitchen area of debris and soil. • Provide running and flushing water in restroom. Included in the January 3 1st, 2017 notice was that you have ten calendar days to appeal the determination and request a hearing. This request must be in writing. The ten day appeal period will start February 1st, 2017 and will end on Friday the I 0th of February, 2017 at 4:30 pin. If this office does not receive written notification from you or your representative that you would like to appeal by Friday the 10h1 of February, 2017 at 4:30 p.n., Hennepin County and the City of Brooklyn Center intend to take action to abate the public health nuisance. The abatement measures we intend to take are: ALL COSTSjLAIEP TO THE AT TOF IIEB1C HEALTH AQJ O N YOU PROPERTY PLUS ANYAJ2flITIONAL EXPENSES SUCIJ)JTfl JTAFE^RTFIIJEETJKEN FORSACflSWUJALFASSESSED T QPROPERTIJXFS. DATED: Tuesday January 31 ",22 0 17. DEBRA ANDERSON, SUPERVISING ENVIRONMENTALIST Oty C©©ll Agenda I[t©m N©0 [i[i1IA(iJ Iflhl Mk"A U'A I MA (I) 11I P]SJk'A I DATE: June 26, 2017 TO: Curt Boganey, City Mana FROM: Jesse Anderson, Deputy Director of Building and Community Standards SUBJECT: A resolution granting approval to the Hennepin County Housing and Redevelopment Authority to transfer tax forfeit property with PID: 34-119-21-11-0002 to Mound Cemetery Recommendation: It is recommended that the City Council consider approval of the attached resolution granting approval to the Hennepin County Housing and Redevelopment Authority to transfer tax forfeit property with PID:34-1 19-21-11-0002 to Mound Cemetery. Background: There is a small section of land located alongside the Mound Cemetery property. The section of land is within the fence area of the Cemetery. This small section of land is likely the result of a platting error in the 1920's. This property has gone through tax forfeiture and is now owned by Hennepin County. Hennepin County intents to sell the property to Mount Cemetery for the price of $180.70. Because the property is tax forfeited land, the sale would be required to pass-through Hennepin County Housing and Redevelopment Authority. Prior to the pass-through sale, Hennepin County Housing and Redevelopment Authority would be required to have approval from Brooklyn City Council to conduct Housing Redevelopment activity at this parcel in Brooklyn Center. Budget Issues: There are no budget issues to consider. Strategic Priorities: Enhanced Community Image 1I'fission: Ensuring an attractive, clean, safe, inclusive community 111(11 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 GRANTING APPROVAL TO THE HENNEPIN COUNTY HOUSING AND REDEVELOPMENT AUTHORITY TO TRANSFER TAX FORFEIT PROPERTY WITH PID: 34-119-21-11-0002 TO MOUND CEMETERY WHEREAS, the property PID 37-119-21-11-0002 is located in the City of Brooklyn Center; and WHEREAS, the property PID 37-119-21-11-0002 is a tax forfeited property and is owned by Hennepin County Resident and Real Estate Services; and WHEREAS, Hennepin County Housing and Redevelopment Authority Board has approved an action to conduct a pass-through sale of property PID number 37-119-21-11-0002 from Hennepin County Resident and Real Estate Services to Mound Cemetery. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. That the Brooklyn Center City Council Grants approval to the Hennepin County Housing and Redevelopment Authority to transfer tax forfeit property with PID: 34-119-21-11-0002 to Mound Cemetery. June 26, 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. Map of Property 0 160 320 N I Feet A Hennepin County Public Works H Hennepin County Redevelopment Authority Board Action HENNEPIN COUNTY MINNESOTA Housing and Redevelopment Authority Board Action Request I 7-HCHRA.0024 Item Description: Neg acquisition of PID 34-119-21-11-0002 in Brooklyn Center from RRES, NTE S181; establish a public hearing on June 6, 2017 for public comment on the proposed sale of PID 34-119-21-11-0002 to Mound Cemetery Resolution: BE IT RESOLVED, that that the Executive Director be authorized to negotiate the acquisition of PID 34-119-21-11-0002 (located near the southwest corner of 69th Avenue North and Beard Avenue North; address unassigned) in the City of Brooklyn Center from the Hennepin County Resident and Real Estate Services Department, in consideration of a total amount not to exceed $181; that following review and approval by the County Attorneys Office, the Chair be authorized to sign all documents associated with the conveyance on behalf of the Authority; and that the Controller be authorized to receive and disburse funds as directed; and BE IT FURTHER RESOLVED, that a public hearing to obtain public comment on the proposed sale of PID 34-119-21-11-0002 in the City of Brooklyn Center to Mound Cemetery, or affiliated entity, be held before the Hennepin County Housing and Redevelopment Authority Board of Commissioners on Tuesday, June 6, 2017 at 1:30 p.m., or as soon thereafter as practicable, in Room A-2400 of the Hennepin County Government Center, in the City of Minneapolis; and that the Clerk of the Board shall publish notice of thehearing, in substantially the form attached hereto as Exhibit A in Finance and Commerce, the official newspaper of Hennepin County at least once, 15 days prior to the date of the public hearing. Background: History: Hennepin County Resident and Real Estate Services (RRES) requests that the Hennepin County Housing and Redevelopment Authority (HCHRA) facilitate the pass-through sale of approximately 0.06 acres (PID 34-119-21-11-0002) in the City of Brooklyn Center from RRES to Mound Cemetery. The subject splinter parcel is adjacent to the Mound Cemetery. It appears that the parcel was the result of a platting error in the 1920's. Mound Cemetery will work with the City of Brooklyn Center to combine the two lots. The appraised value of the parcel is $180.70. Mound Cemetery will pay the appraised value plus any incidental closing costs. Current Request: Authorization to negotiate acquisition of 0.06 acres in the City of Brooklyn Center (PID 34-119-21-11-0002) from Hennepin County Resident and Real Estate Services for a total amount not to exceed $181; establish a public hearing on Tuesday, June 6, 2017 at 1:30 p.m., or as soon thereafter as practicable, to obtain public comment on the sale of PID 34-119-21-11-0002 in the City of Brooklyn Center to Mound Cemetery. ImpactlOutcomes: The sale of the unbuildable parcel, PID 34-119-21-11-0002, to Mound Cemetery will put the property on the tax role and restore the cemetery lot line. Recommendation from County Administrator: Recommend Approval ATTACHMENTS: Description Upload Date Type Notice of Public Hearing June 6, 2017 5111/2017 Backup Material City C©m©il Agendn Hem N0 6f [SII1IJ[SJ I N I I 3k'A UYA I k'4 (I) t1WI 1BJhYi I DATE: June 26, 2017 TO: Curt Boganey, City Manag FROM: Jesse Anderson, Deputy Director of Building and Community Standards/HRA Specialist SUBJECT: Resolution Approving the 2018-2020 Joint Cooperation Agreement for Hennepin County CDBG Program Recommendation: It is recommended that the City Council consider approval of the 2018-2020 Joint Cooperation Agreement for Hennepin County CDBG Program Background: Hennepin County has requested that the Joint Cooperation Agreement for the Hennepin County CDBG Program be approved by council resolution due to some of the changes. The 2018-2020 JCA incorporates the following changes from the previous version: • Clarification of Affirmatively Furthering Fair Housing requirements, including that cooperating units may lose some or all CDBG funding if they fail to comply with fair housing requirements. • Creation of a process for pooled, competitive funding awards for public service activities • Clarification of funding allocation process for cities that qualify for "metropolitan city" status as defined by HUD. • Adjustment to thresholds with regard to determining "direct allocation" and "consolidated pool" funding allocations. o Clarification of language with regard to planning and administrative costs (note that the admin rate will remain 13% for PY 2018) The most notable change is to the allocation of the public service agency funding. Hennepin County is now requiring that public service agency funding allocation to be coordinated by Hennepin County. Hennepin County staff have stated that they intend to coordinate the application process and will have a committee select the allocations for Public Service Agencies. For the pooled competitive funding for CDBG public service activities Hennepin County anticipates a process similar to the process used to allocate funds in the "consolidated pool" of cities that don't get a direct CDBG allocation. • 15% of the county-wide CDBG allocation would be allocated to a public service funding pool with a single competitive application process. e An RFP would be issued in November/December. Mission: Ensuring on attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public (rust I1i]JJ[SJ i I I DIhYA U I k'A (I] 1aI NO] • Public service organizations would submit applications to the county. Applications may be for county-wide activities OR activities in a limited geography (i.e. one or a handful of cities). • Applications would be scored and funding decisions made by a "selection committee" comprised of staff from cities in the county program (1 member from each "direct allocation" city that wants to participate, plus 1 or 2 from the "consolidated pool" group of cities). • If the group chose to award less than the full 15%, any un-awarded funds would be distributed back to the cities to allocate to general CDBG activities as they wish. o The scoring criteria for the public service applications would include the following general criteria: • Program impact (# served, level of benefit provided) • Need (meets a high priority need identified in the comp plan and/or local plans) • Support (extra weight given to applications with a local letter or resolution of support) • Geographic parity/coverage • Capacity (ability of the organization to comply with CDBG regulations) The members of the selection committee (city staff) would have input on the formal application scoring criteria prior to the REP being issued. The city of Brooklyn Center is not eligible to be a direct recipient of CDBG funds from HUD (Metropolitan Entitlement City) due to the population being below 50,000. Budget Issues: There are no budget issues to consider. Strategic Priorities: Enhanced Community Image T$/Iission: 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 AUTHORIZING THE EXECUTION OF A JOINT COOPERATION AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND HENNEPIN COUNTY FOR PARTICIPATION IN THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM IN FISCAL YEARS 2018 —2020 WHEREAS, the City of Brooklyn Center, Minnesota and the County of Hennepin have in effect a Joint Cooperation Agreement for purposes of qualifying as an Urban County under the United States Department of Housing and Urban Development Community Development Block Grant (CDBG), Emergency Solutions Grants (ESG) Program, and HOME Investment Partnerships (HOME) Programs; and WHEREAS, the City and County wish to execute a new Joint Cooperation Agreement in order to continue to qualify as an Urban County for purposes of the Community Development Block Grant, ESG and HOME Programs. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a new Joint Cooperation Agreement between the City and County be executed effective October 1, 2017 and that the Mayor and the City Manager be authorized and directed to sign the Agreement on behalf of the City. June 26, 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. Contract No. 1 7XXXXX JOINT COOPERATI ONt1!1W '. Co I LIJI 'I 1 LtftS 'Jhi Ii!i I : I.N 1!i rIbi i ' t.iei I THIS AGREEMENT made and entered into by and between the COUNTY OF IIENNEPIN, State of Minnesota, hereinafter referred to as "COUNTY," A-2400 Government Center, Minneapolis, Minnesota, 55487, and the cities executing this Master Agreement, each hereinafter respectively referred to as 'COOPERATING UNIT," said parties to this Agreement each being governmental units of the State of Minnesota, and made pursuant to Minnesota Statutes, Section 471.59. WITNESSETH: COOPERATING UNIT and COUNTY agree that it is desirable and in the interests of their citizens that COOPERATING UNIT shares its authority to carry out essential community development and housing activities with COUNTY in order to permit COUNTY to secure and administer Community Development Block Grant and HOME Investment Partnership funds as an Urban County within the provisions of the Act as herein defined and, therefore, in consideration of the mutual covenants and promises contained in this Agreement, the parties mutually agree to the following terms and conditions. COOPERATING UNIT acknowledges that by the execution of this Agreement that it understands that it: May not also apply for grants under the State CDBG Program from appropriations for fiscal years during which it is participating in the Urban County Program; and 2. May not participate in a HOME Consortium except through the Urban County. May not receive a formula allocation under the Emergency Solutions Grants (ESG) Program except through the Urban County. The definitions contained in 42 U.S.C. 5302 of the Act and 24 CFR §570.3 of the Regulations are incorporated herein by reference and made a part hereof, and the terms defined in this section have the meanings given them: A."Act" means Title I of the Housing and Community Development Act of 1974, as amended, (42 U.S.C. 5301 et seq.). B."Activity" means a CDBG-funded activity eligible under Title I of the Housing and Community Development Act of 1974, as amended. Example: single family rehab activity. C."Annual Program" means those combined activities submitted by cooperating units to COUNTY for CDBG funding as part of the Consolidated Plan. D."Analysis of Impediments to Fair Housing Choice" or "Al" means an assessment of how laws, regulations, policies and procedures affect the location, availability, and accessibility of housing, and how conditions, both private and public, affect fair housing choice. All HUD grantees must certify that they will affirmatively further fair housing, which means conducting an Analysis of Impediments to Fair Housing Choice (Al), taking appropriate actions to overcome the effects of any impediments identified through that analysis, and keeping records of these actions. E."Consolidated Plan" means the document bearing that title or similarly required statements or documents submitted to HUD for authorization to expend the annual grant amount and which is developed by the COUNTY in conjunction with COOPERATING UNITS as part of the Community Development Block Grant Program. F."Cooperating Unit(s)' means any city or town in Hennepin County that has entered into a cooperation agreement that is identical to this Agreement, as well as Hennepin County, which is a party to each Agreement. G."HUD" means the United States Department of Housing and Urban Development. H."Metropolitan City" means any city located in whole or in part in Hennepin County which is certified by HUD to have a population of 50,000 or more people, or which has previously been granted Metropolitan City status by HUD. I."Program" means the HUD Community Development Block Grant Program as defined under Title I of the Housing and Community Development Act of 1974, as amended. J."Program Income" means gross income received by the recipient or a subrecipient directly generated from the use of CDBG. K."Public service activities" means the provision of public services described in 24 CFR 570.201(e). L."Regulations" means the rules and regulations promulgated pursuant to the Act, including but not limited to 24 CFR Part 570. M. "Urban County" means the entitlement jurisdiction within the provisions of the Act and includes the suburban Hennepin County municipalities which are signatories to this Agreement. II. PURPOSE The purpose of this Agreement is to authorize COUNTY and COOPERATING UNIT to cooperate to undertake, or assist in undertaking, community renewal and lower income housing assistance activities and authorizes COUNTY to carry out these and other eligible activities for the benefit of eligible recipients who reside within the corporate limits of the COOPERATING UNIT which will be funded from annual Community Development Block Grant, Emergency Solutions Grants (ESG) Programs and HOME appropriations for the Federal Fiscal Years 2018, 2019 and 2020 and from any program income generated from the expenditure of such funds. [HtMi*fl*ti The initial term of this Agreement is for a period commencing on October 1, 2017 and terminating no sooner than the end of the program year covered by the Consolidated Plan for the basic grant amount for the Fiscal Year 2020, as authorized by HUD, and for such additional time as may be required for the expenditure of funds granted to the County for such period. Prior to the end of the initial term and the end of each subsequent qualification period, the COUNTY, as the lead agency of the URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, shall provide a written notice to the COOPERATING UNIT of their right not to participate in a subsequent qualification period. The written notice will provide the COOPERATING UNIT a minimum thirty (30) day period to submit a written withdrawal. If the COOPERATING UNIT does not submit to the COUNTY a written withdrawal during the notice period, this Agreement shall be automatically extended for a subsequent three-year qualifying period. This Agreement must be amended by written agreement of all parties to incorporate any future changes necessary to meet the requirements for cooperation agreements set forth in the Urban County Qualification Notice applicable for the year in which the next qualification of the County is scheduled. Failure by either party to adopt such an amendment to the Agreement shall automatically terminate the Agreement following the expenditure of all CDBG and HOME funds allocated for use in the COOPERATING UNIT's jurisdiction. This Agreement shall remain in effect until the CDBG, HOME and ESG funds and program income received (with respect to activities carried out during the three-year qualification period, and any successive qualification periods under agreements that provide for automatic renewals) are expended and the funded activities completed. COUNTY and COOPERATING UNIT cannot terminate or withdraw form this Agreement while it remains in effect. Notwithstanding any other provision of this Agreement, this Agreement may be terminated at the end of the program period during which HUD withdraws its designation of the COUNTY as an Urban County under the Act. This Agreement shall be executed by the appropriate officers of COOPERATING UNIT and COUNTY pursuant to authority granted them by their respective governing bodies, and a copy of the authorizing resolution and executed Agreement shall be filed promptly by the COOPERATING UNIT in the Hennepin County Department of Housing, Community Works and Transit so that the Agreement can be submitted to HUD by July 24, 2017. COOPERATING UNIT and COUNTY shall take all actions necessary to assure compliance with the urban county's certifications required by Section 104(b) of the Title I of the Housing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964; the Fair Housing Act, and affirmatively furthering fair housing. COOPERATING UNIT and COUNTY shall also take all actions necessary to assure compliance with Section 109 of Title I of the Housing and Community Development Act of 1974 (which incorporates Section 504 of the Rehabilitation Act of 1973 and the Age Discrimination Act of 1975), and other applicable laws. IV. ACTIVITIES COOPERATING UNIT agrees that awarded grant funds will be used to undertake and carry out, within the terms of this Agreement, certain activities eligible for funding under the Act. The COUNTY agrees and will assist COOPERATING UNIT in the undertaking of such essential activities by providing the services specified in this Agreement. The parties mutually agree to comply with all applicable requirements of the Act and the Regulations and other relevant Federal and/or Minnesota statutes or regulations in the use of basic grant amounts. Nothing in this Article shall be construed to lessen or abrogate the COUNTY's responsibility to assume all obligations of an applicant under the Act, including the development of the Consolidated Plan, pursuant to 24 CFR Part 91. COOPERATING UNIT further specifically agrees as follows: A.COOPERATING UNIT will, in accord with a COUNTY-established schedule, prepare and provide to the COUNTY, in a prescribed form, requests for the use of Community Development Block Grant Funds consistent with this Agreement, program regulations and the Urban Hennepin County Consolidated Plan. B.COOPERATING UNIT acknowledges that, pursuant to 24 CFR §570.501 (b), it is subject to the same requirements applicable to subrecipients, including the requirement for a written Subrecipient Agreement set forth in 24 CFR §570.503. The Subrecipient Agreement will cover the implementation requirements for each activity funded pursuant to this Agreement and shall be duly executed with and in a form prescribed by the COUNTY. C.COOPERATING UNIT acknowledges that it is subject to the same subrecipient requirements stated in paragraph B above in instances where an agency other than itself is undertaking an activity pursuant to this Agreement on behalf of COOPERATING UNIT. In such instances, a written Third Party Agreement shall be duly executed between the agency and COOPERATING UNIT in a form prescribed by COUNTY. D.COOPERATING UNITS shall expend all funds annually allocated to activities pursuant to the Subrecipient Agreement. All funds not expended pursuant to the terms of the Subrecipient Agreement will be relinquished to the COUNTY and will be transferred to a separate account for reallocation on a competitive request for proposal basis at the discretion of the COUNTY where total of such funds is $100,000 or greater. Amounts less than $100,000 shall be allocated by COUNTY to other existing activities consistent with timeliness requirements and Consolidated Plan goals. E.COUNTY and COOPERATING UNITS shall expend all program income pursuant to this Agreement as provided below: Program income from housing rehabilitation activities administered by the COUNTY will be incorporated into a pool at the discretion of the COUNTY. The pool will be administered by COUNTY and will be used for housing rehabilitation projects located throughout the entire Urban County. When possible, COUNTY will give priority to funding housing rehabilitation projects within the COOPERATING UNIT where the program income was generated. Funds expended in this manner would be secured by a Repayment Agreement/Mortgage running in favor of the COUNTY. Program income generated by METROPOLITAN CITY COOPERATING UNITS that administer their own housing rehabilitation activities may be retained by the COOPERATING UNIT at its discretion. 2. COUNTY reserves the option to recapture program income generated by non-housing rehabilitation activities if said funds have not been expended within twelve (12) months of being generated. These funds shall be transferred to a separate account for reallocation on a competitive request for proposal basis administered by COUNTY or, where the total of such funds does not exceed $100,000, shall be reallocated by COUNTY to other existing activities consistent with timeliness requirements and Consolidated Plan goals. F.COOPERATING UNITS are encouraged to undertake joint activities involving the sharing of funding when such action furthers the goals of the Consolidated Plan and meets the expenditure goals. G.If COUNTY is notified by HUD that it has not met the performance standard for the timely expenditure of funds at 24 CFR 570.902(a) and the COUNTY entitlement grant is reduced by HUD according to its policy on corrective actions, then the basic grant amount to any COOPERATING UNIT that has not met its expenditure goal shall be reduced accordingly. H.COOPERATING UNIT will take actions necessary to assist in accomplishing the community development program and housing goals, as contained in the Urban Hennepin County Consolidated Plan, and will comply with COUNTY's direction to redirect the use of funds when necessary to accomplish said goals. 1. COOPERATING UNIT shall ensure that all activities funded, in part or in full by grant funds received pursuant to this Agreement, shall be undertaken affirmatively with regard to fair housing, employment and business opportunities for minorities and women. It shall, in implementing all programs and/or activities funded by the basic grant amount, comply with all applicable Federal and Minnesota Laws, statutes, rules and regulations with regard to civil rights, affirmative action and equal employment opportunities and Administrative Rule issued by the COUNTY. J.COOPERATING UNIT acknowledges the recommendations set forth in the current Analysis of Impediments to Fair Housing Choice. COOPERATING UNIT that does not affirmatively further fair housing within its own jurisdiction or that impedes action by COUNTY to comply with its certifications to HUD may be prohibited from receiving part or all CDBG funding for its activities, and may be required to reimburse COUNTY for part or all of funds it has received. K.COOPERATING UNIT shall participate in the citizen participation process, as established by COUNTY, in compliance with the requirements of the Housing and Community Development Act of 1974, as amended. L.COOPERATING UNIT shall reimburse COUNTY for any expenditure determined by HUD or COUNTY to be ineligible. M.COOPERATING UNIT shall prepare, execute, and cause to be filed all documents protecting the interests of the parties hereto or any other party of interest as may be designated by the COUNTY. N. COOPERATING UNIT has adopted and is enforcing: A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations; and 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such nonviolent civil rights demonstrations within its jurisdiction. 0. COOPERATING UNIT shall not sell, trade, or otherwise transfer all or any portion of grant funds another metropolitan city, urban county, unit of general local government, or Indian tribe, or insular area that directly or indirectly receives CDBG funds in exchange for any other funds, credits or non-Federal considerations, but must use such funds for activities eligible under Title I of the Act. COUNTY further specifically agrees as follows: to A.COUNTY shall prepare and submit to HIJD and appropriate reviewing agencies, on an annual basis, all plans, statements and program documents necessary for receipt of a basic grant amount under the Act. B.COUNTY shall provide, to the maximum extent feasible, technical assistance and coordinating services to COOPERATING UNIT in the preparation and submission of a request for funding. C.COUNTY shall provide ongoing technical assistance to COOPERATING UNIT to aid COUNTY in fulfilling its responsibility to HIJD for accomplishment of the community development program and housing goals. D.COUNTY shall, upon official request by COOPERATING UNIT, agree to administer local housing rehabilitation activities funded pursuant to the Agreement, provided that COUNTY shall receive Twelve percent (12%) of the allocation by COOPERATING UNIT to the activity as reimbursement for costs associated with the administration of COOPERATING UNIT activity. E.COUNTY may, at its discretion and upon official request by COOPERATING UNIT, agree to administer, for a possible fee, other activities funded pursuant to this Agreement on behalf of COOPERATING UNIT. F. COUNTY may, as necessary for clarification and coordination of program administration, develop and implement Administrative Rules consistent with the Act, Regulations, HUD administrative directives, and administrative requirements of COUNTY; and COOPERATING UNIT shall comply with said Administrative Rules. V. ALLOCATION OF BASIC GRANT AMOUNTS Basic grant amounts received by the COUNTY under Section 106 of the Act shall be allocated as follows: A.Planning and administration costs are capped to 20 percent of the sum of the basic grant amount plus program income that is received during the program year. During the term of this Agreement the COUNTY will receive a planning and administrative retainage of up to fifteen percent (15%) of the basic grant amount; included in this administrative amount is funding for county-wide Fair Housing activities. B.Funding for public service activities are capped to 15 percent of the sum of the basic grant amount plus program income that is received during the previous program year. During the term of this Agreement the COUNTY will retain up to 15% of the basic grant amount for allocation to public service activities county-wide. Funds retained for public service activities will be awarded in a manner determined by COUNTY on a competitive request for proposal basis. C. The balance of the basic grant amount shall be made available by COUNTY to COOPERATING UNITS in accordance with the formula stated in part D and the procedure stated in part E of this section utilizing U.S. Census Bureau data. The allocation is for planning purposes only and is not a guarantee of funding. D.Allocation of funding will be based upon a formula using U.S. Census Bureau data that bears the same ratio to the balance of the basic grant amount as the average of the ratios between: The population of COOPERATING UNIT and the population of all COOPERATING UNITS. The extent of poverty in COOPERATING UNIT and the extent of poverty in all COOPERATING UNITS. The extent of overcrowded housing by units in COOPERATING UNIT and the extent of overcrowded housing by units in all COOPERATING UNITS. 4. In determining the average of the above ratios, the ratio involving the extent of poverty shall be counted twice. B. Funds will be made available to communities utilizing the formula specified in C of this Section in the following manner: All COOPERATING UNITS which are also METROPOLITAN CITIES will receive funding allocations in accordance with the COUNTY formula allocations. 2. All COOPERATING UNITS with aggregate formula percentages of greater than five percent (5%) of the total using the procedure in part D. of this section will receive funding allocations in accordance with the COUNTY formula allocations, unless the resulting allocation would total less than One Hundred Thousand Dollars ($100,000.00). COOPERATING UNITS with aggregate formula percentages of five percent (5%) or less of the total using the procedure in part D. of this section or with funding allocations of less than One Hundred Thousand Dollars ($100,000.00) will have their funds consolidated into a pool for award in a manner determined by COUNTY on a competitive request for proposal basis. Only the COUNTY and COOPERATING UNITS whose funding has been pooled will be eligible to compete for these funds. 4. COOPERATING UNITS shall have the option to opt-in to the consolidated pool specified in item 3. of this part by providing written notice to COUNTY by November 15f' annually. F.The COUNTY shall develop these ratios based upon data to be furnished by the U.S. Census Bureau. The COUNTY assumes no duty to gather such data independently and assumes no liability for any errors in the data. G.In the event COOPERATING UNIT does not request a funding allocation, or a portion thereof, the amount not requested shall be made available to other participating communities, in a manner determined by COUNTY. VI. METROPOLITAN CITIES Any metropolitan city executing this Agreement shall defer their entitlement status and become part of Urban Hennepin County. This agreement can be voided if the COOPERATING UNIT is advised by HUD, prior to the completion of the re-qualification process for fiscal years 2018-2020, that it is newly eligible to become a metropolitan city and the COOPERATING UNIT elects to take its entitlement status. If the agreement is not voided on the basis of the COOPERATING UNIT's eligibility as a metropolitan city prior to July 16, 2017, the COOPERATING UNIT must remain a part of the COUNTY program for the entire three-year period of the COUNTY qualification. VII. OPINION OF COUNSEL The undersigned, on behalf of the Hennepin County Attorney, having reviewed this Agreement, hereby opines that the terms and provisions of the Agreement are fully authorized under State and local law and that the COOPERATING UNIT has full legal authority to undertake or assist in undertaking essential community development and housing assistance activities, specifically urban renewal and publicly-assisted housing. Assistant County Attorney VIII. HENNEPIN COUNTY EXECUTION The Hennepin County Board of Commissioners having duly approved this Agreement on 2017, and pursuant to such approval and the proper County official having signed this Agreement, the COUNTY agrees to be bound by the provisions herein set forth. COUNTY OF HENNBP1N, STATE OF MINNESOTA APPROVED AS TO FORM: Assistant County Attorney Date: By: Chair of its County Board Attest: Deputy Clerk of the County Board Date: By: County Administrator Date: By: Assistant County Administrator - Public Works Date: Recommended for Approval: Director, Community Works Date: LX. COOPERATING UNIT EXECUTION COOPERATING UNIT, having signed this Agreement, and the COOPERATING UNITS governing body having duly approved this Agreement on , 2017, and pursuant to such approval and the proper city official having signed this Agreement, COOPERATING UNIT agrees to be bound by the provisions of this Joint Cooperation Agreement. CITY OF By: Its Mayor And: Its City Manager ATTEST: CITY MUST CHECK ONE: The City is organized pursuant to: Plan A Plan B Charter City CouncH Agendz Hem N0 :Es1sJ[.J I fl N I MA L'A I Di'4 (I) t1I PflJ1'A I DATE: June 26, 2017 TO: Curt Boganey, City Manj FROM: Jesse Anderson, Deputy Director of Building and Community Standards/HRA Specialist SUBJECT: Resolution Declaring a Public Nuisance and Ordering the Removal of Dead Trees Recommendation: It is recommended that the City Council declare a public nuisance and order the removal of dead trees for certain properties as listed in the resolution. Background: The attached resolution represents the official Council action required to expedite removal of dead trees that were recently marked by the city tree inspector and have become a public safety issue due to being a hazard. The removal of dead trees is defined in City Ordinance Chapter 20- 202 and 19-101 thru 19-105. Property owners are given the opportunity to remove the dead tree on their own or enter an agreement to allow the city to remove the dead tree. Where an agreement with the property owner is executed, a minimal administrative charge of $50 is applied to the costs associated with the tree removal. If the owner does not respond within ten days, they are provided with a second notice notifying them of the City Council meeting where the dead tree is declared a public nuisance. If the property owner does not correct the violation or enter into an agreement, the City will remove the dead tree. An administrative abatement service charge will be charged based on the cost of the abatement, with a minimum charge of $150. Budget Issues: The cost of removal of dead trees located on private property is the responsibility of the respective property owner, and if unpaid, is specially assessed to the property. Strategic Priorities: e Enhanced Community Image )3'Iissiou: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DEAD TREES AT CERTAIN PROPERTIES IN BROOKLYN CENTER, MINNESOTA WHEREAS, Brooklyn Center City Code Section 20-202 and 19-101 thru 19-106, declares any dead tree a public nuisance and provides for abatement by the City if not corrected by the property owner; and WHEREAS, removal of dead trees and abatement of the public nuisance is necessary to prevent the hazard and to protect the safety of the public in neighborhoods; and WHEREAS, a Notice to Abate Nuisance and a Dead Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center giving the owners ten (10) days to remove dead trees on the owners' property; and WHEREAS, the City can expedite the removal of these dead trees by declaring them a public nuisance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: The dead tree at the following address is hereby declared to be a public nuisance. Property Address Tree Type Tree Number 6831 Fremont PIN Pine -15 6831 Fremont PIN Elm 16 6831 Fremont PIN Elm 17 2.After ten (10) days from the date of the initial notice, the property owner(s) was notified of the council action regarding the determination by the City Council declaring the dead tree a public nuisance. 3.The property owner(s) will receive a final written notice providing five (5) business days in which to contest the determination of the City Council by requesting, in writing, a hearing. Said request shall be filed with the City Clerk. 4. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be removed by the City. The cost of abatement shall be recorded and become the personal responsibility of the owner of record. If unpaid, the costs shall be specially assessed to the property in accordance with city codes and Minnesota Statutes Chapter 429. June 26._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. Oty CouncH Athi ll©m N0 I[I1IJ[iJ I fl U Mk"A I I 3A (II 1I flhJ'A I DATE: June 26, 2017 TO: Curt Boganey, City Man FROM: Jesse Anderson, Deputy Director of Building and Community Standards/HRA Specialist SUBJECT: Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees Recommendation: It is recommended that the City Council declare a public nuisance and order the removal of diseased trees for certain properties as listed in the resolution. Background: The attached resolution represents the official Council action required to expedite removal of diseased trees that were recently marked by the City Tree Inspector. The City of Brooklyn Center has maintained a policy of removing and properly disposing of diseased trees in order to prevent tree diseases from spreading throughout the community. The removal of diseased trees is defined in City Ordinance Chapter 20-301 to 20-306. Although the City has historically focused on Dutch Elm disease, other transmissible diseases and infestations are addressed as well. Property owners are given the opportunity to remove the diseased tree on their own or enter into an agreement to allow the City to remove the diseased tree. Where an agreement with the property owner is executed, a minimal administrative charge of $50 is applied to the costs associated with the tree removal. After a diseased tree is declared a public nuisance by the City Council, another Compliance Notice will be provided to the property owner allowing additional time, at least five days, for voluntary correction, again providing an option for an agreement with the City. If the property owner does not correct the violation or enter into an agreement, the City will remove the diseased tree. An administrative abatement service charge will be charged based on the cost of the abatement, with a minimum charge of $150. Budget Issues: The City's share of the cost of removal for diseased trees within the public right-of-way and on City property is included in the 2015 budget under the Public Works Forestry operating budget. The cost of removal for diseased trees located on private property is the responsibility of the TJIissioI1: Ensuring an attractive, clean, safe, inclusive community that en/lances the quality of life for all people and preserves the public trust I1IJ[IJ t fl V V 1k'A I'A I k'A (1) 1I 1lI I respective property owner, and if unpaid, is specially assessed to the property. Strategic Priorities: Enhanced Community Image Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves 1/ic public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO.________ RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES AT CERTAIN PROPERTIES IN BROOKLYN CENTER, MINNESOTA WHEREAS, Brooklyn Center City Code Section 20-301 declares any diseased tree a public nuisance and provides for abatement by the City if not corrected by the property owner; and; WHEREAS, removal of diseased trees and abatement of the public nuisances is necessary to prevent the spread of tree diseases and to protect the environmental quality and desirability of neighborhoods; and WHEREAS, a Notice to Abate Nuisance and a Diseased Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center allowing the owners twenty (20) days to remove diseased trees on the owners' property; and WHEREAS, the City can expedite the removal of these diseased trees by declaring them a public nuisance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The diseased tree at the following address is hereby declared to be a public nuisance. Property Address Tree Type Tree Number 7013 Newton Ave N Birch 11 7237 France Ave N Birch 18 7242 Grimes Ave N Birch 20 RESOLUTION NO. 2.After twenty (20) days from the date of the initial notice, the property owner(s) will receive a second written notice providing five (5) business days in which to contest the determination of the City Council by requesting, in writing, a hearing. Said request shall be filed with the City Clerk. 3.After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be removed by the City. The cost of abatement shall be recorded and become the personal responsibility of the owner of record. If unpaid, the costs shall be specially assessed to the property in accordance with city codes and Minnesota Statutes Chapter 429. June 26, 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. City C©dli Agenda Reun N©0 6 COUNCIIL UFIM MEMORANDUM DATE: June 26, 2017 TO: Curt Boganey, City Mana' FROM: Nathan Reinhardt, Finance Director SUBJECT: Schedule for Professional Services Policies Recommendation: It is recommended that the City Council consider adoption of an amendment to the City's schedule for professional services policies. Background: Staff has reviewed the City's schedule for professional services policies last updated by City Council on October 18, 2006. The policy provides for the orderly conduct of requesting proposals for professional services for handling financial affairs, to ensure that all services will be periodically reviewed, and that the proper balance will be maintained between cost and quality of services The current schedule for requests for proposals for financial services runs through 2017. Staff is recommending replacing with a new schedule that runs through 2029. Attached is the redlined policy with deletions in strikethrough and additions underlined, and a resolution adopting the proposed revisions of the schedule for professional services policies for City Council consideration. Budget Issues: The request for proposal process ensures the City is receiving competitive pricing for professional financial services. The cost for each professional service is incorporated within the budget. Strategic Priorities: o Financial Stability iWission: Ensuring an attractive, clean, safe, inclusive conhlnnhlitV that enhances the qliulit1' of life jor all people niul pieselves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING AMENDMENTS TO THE FINANCIAL POLICIES SECTION OF THE BROOKLYN CENTER CITY COUNCIL CODE OF POLICIES WHEREAS, the City Council of the City of Brooklyn Center adopted a Schedule for Professional Services Policies on October 18, 2006 included in the City Council Code of Policies; and WHEREAS, revisions to Sections 2.80 Policy and Procedure on Requests for Proposals for Financial Professional Services have been reviewed by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the amended Section 2.80 Policy and Procedure on Requests for Proposals for Financial Professional Services attached hereto as Exhibit 1 be incorporated into the Code of Policies and hereby adopted. June 26, 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. City Council Code of Policies 2.80 Policy and Procedure on Requests for Proposals for Financial Professional Services 1. Need for Policy The City needs a policy and procedure to provide for the orderly conduct of requesting proposals for professional services for handling financial affairs, to ensure that all services will be periodically reviewed, and that the proper balance will be maintained between cost and quality of services. A.All professional services in the area of City finances will be periodically let out for request for proposals (RFPs) according to an established schedule. B.Service levels will be monitored by the City Council and Staff and if unsatisfactory service is received, that contract will be re-advertised prior to the year set in the schedule. C. Quality of service will be the primary factor in awarding a contract for professional service, but cost will also be a determinant. 3. Procedure A.A schedule shall be established for the conduct of RFPs. The schedule should be adhered to unless there is a performance problem or other justification for an earlier RFP. Going to the market too frequently with RFPs expends Staff time, requires extensive orientation of new professionals, and discourages quality firms from submitting proposals at their most attractive price since they will expect to only have the contract for a short time. B.Specifications tailored to the professional service to be advertised will be prepared by Staff, reviewed by the Financial Commission, and approved by the City Council. C.A review committee made up of the City Manager and Finance Director shall review proposals for Banking Services, Insurance Agent, Risk Management Consultant, and Custodian for Investment Securities. Proposals for Auditor and Financial Advisor shall be initially screened by Staff, and then reviewed by a committee of City Council Members and Financial Commission Members appointed by the Mayor in consultation with the Chair of the Financial Commission, with the approval of the City Council, which committee shall also include the City Manager and Finance Director. D.The specifications will emphasize the abilities, qualifications, and experience of the applicant firms to provide high quality service to the City. Price will be considered after one or more applicants have been identified as providing the desired quality of service. When appropriate, the specification shall require prices to be submitted in a separate, sealed envelope to be opened after applicants have been ranked according to quality. SECTION II GENERAL POUCJ[ES City Council Code of Policies E. The City Manager shall make a recommendation to the City Council of a provider to be appointed to a multi-year engagement. It shall be written in the engagement that the appointment may be terminated earlier. Schedule for Requests for Proposals Financial Services pe-oseiwie-e Financial Banking Insurance Agent Risl4aisagemest Custodian for Auditor Advisor for Senices Gs4tast Investment Bond Sales Securities Usual in between RFPs 6-years 6-af 6-years 6-years 6 years 6 years Most Recent RFP 22W4 200203 g003 4-995 2002 * 20 RP 2007 RP REP 241-0 REP 2044REP 042 REP 2414 REP 2445 REP 2416 ____ REP 104-7__- REP ZAT Ji1J1 Schedule for Requests for Proposals Financial Services Type of Service Financial Banking Insurance Agent Risk Manaeement Custodian for Auditor Advisor for Services Consultant Investment Bond Sales Securities Usual Interval behveen RFPs 6 years 6 years 6 years 6 years 6 years 6 years Most Recent RFP 2015 2017 2003 2012 2014 2018RFP RFP 2019 2020 RFP 2021 RFP 2022 2023 RFPRFP 2024RFP 2025 2026 RFP RFP 2027 2028 2029IRFP Reference: City Council Resolution Nos. 2006-120; 2000-120; 99-20; City Council Minutes 5/28/96 Cfity Ciir©ll Ag©di Rem N©0 [Ei1BJIIJ I fl V N M4 U I DI'A (I] 1I 1BJ'A I DATE:June 26, 2017 TO:Curt Boganey, City Mana3 FROM:Nathan Reinhardt, Finance Director 1W. SUBJECT: Capital Project Funding Policy Transfers Recommendation: It is recommended that the City Council consider adoption of the attached resolution authorizing the transfer of funds from the General fund ($715,544) and Municipal Liquor Store fund ($112,898) to the Capital Improvements fund. Background: In January 2014, the City Council adopted a Capital Project Funding Policy which provided for recurring funding sources for the City's 15 year Capital Improvement Plan (CIP). The respective funding sources and the transfer calculations are as follows: 1) The audited year-end Unassigned Fund Balance within the General fund that exceeds 52% of the next year's General fund operating budget: 2016 Audited - General Fund Ending Fund Balance General Fund - 2016 Nonspendable Fund Balance General Fund -2016 Unassigned Fund Balance 2017 Budget - General Fund Operations Excess Funds Percentage Policy - Target Fund Balance Recommended Transfer $ 11,440,897 (92,3 88) 11,348,509 20,448,010 52% 10,632,965 $ 715,544 iT'!issioli: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust [I1IJ(iJ I fl I I k'A VA I Dk'4 0] UIJ1BLYA I 2) The audited year-end cash balance of the Municipal Liquor Stores fund that exceeds three and one half (3.5) months of the operating budget and 1 years of the capital budget: 2016 Audited - Municipal Liquor Stores Cash Balance $ 1,909,848 2017 Budget - Cost of Goods Sold 4,466,104 2017 Budget - Operating Expenses 1,403,439 Total 2017 Operating Budget 5,869,543 Calculated - 3.5 Months of Operating Budget 1,711,950 2017 Budget - Capital Budget 85,000 Policy - Target Cash Balance 1,796,950 Recommended Transfer $ 112,898 Budget Issues: The approval of these transfers should have no effects on the General or Municipal Liquor Store funds, as the transfers are of excess funds and/or cash balances. Strategic Priorities: . Key Infrastructure Investments jlIission: Ensuring an attractive, clew,, safe, inclusive co,nnninity that enhances the quality of life for al/people and preserves tile public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TRANSFER OF FUNDS FROM THE GENERAL FUND AND THE MUNICIPAL LIQUOR STORE FUND TO THE CAPITAL IMPROVEMENTS FUND WHEREAS, the City Council of the City of Brooklyn Center has adopted a Capital Projects Funding Policy; and WHEREAS, the audited year-end Unassigned fund balance within the General fund exceeded 52% of the next year's General fund operating budget; and WHEREAS, the audited year-end cash balance within the Municipal Liquor Stores fund exceeded the combination of three and one half months of the following years operating budget plus the following years capital budget; and WHEREAS, the excess funds as calculated by the terms of the Capital Projects Funding Policy may be transferred from the General and Municipal Liquor Stores funds to the Capital Improvements fund. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, that a transfer of $828,442 is made into the Capital Improvements fund, with $715,544 from the General fund and $112,898 from the Municipal Liquor Stores fund. June 26, 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. ORy Cdil Ad !tem N0 6k [S11IJ[iJ I I øk''A Uh'A I II'A (I) t1I 1IA'A I DATE: June 26, 2017 TO: Curt Boganey, City Manag FROM: Nathan Reinhardt, Finance Director 14C SUBJECT: Capital Transfer from Earle Brown Heritage Center Recommendation: It is recommended that the City Council consider adoption of a resolution authorizing the transfer of $500,000 from the operating fund of the Earle Brown Heritage Center to the Capital Fund of the facility. Background: At the end of each fiscal year the cash balance in the Earle Brown Heritage Center (EBHC) operating fund is subjected to an analysis according to a formula in the cash reserve policy for the facility. The formula requires that the EBHC operating fund hold in cash the equivalent of the monthly average amount of cash deposits held for events booked at the facility plus one and one half times the average of cash disbursements per month. At the end of 2016, the cash balance in the EBHC operating fund was $1,718,059. The required cash reserve calculated using the formula was $1,161,470. The difference of $556,589 is available for transfer to the capital fund of the EBHC. Staff recommends moving $500,000 of that amount available from the operating fund to the EBHC Capital fund. The attached resolution authorizes such a transfer. Budget Issues: The approval of these transfers should have no effects on the EBHC operating fund, as the transfers are of excess funds and/or cash balances. Strategic Priorities: Key Infrastructure Investments i1 'Iission: Ensuring an attractive, clean, safe, inclusive coinnuinhtj' 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 TRANSFER OF FUNDS FROM EARLE BROWN HERITAGE CENTER OPERATING FUND TO EARLE BROWN HERITAGE CENTER CAPITAL FUND WHEREAS, a formula was developed to calculate an annual transfer of money from operations of the Earle Brown Heritage Center (EBHC) to a capital fund for use in maintaining, renovating and upgrading the EBHC facilities; and WHEREAS, the calculation of funding available at the end of 2016 indicated a balance of $556,589 available; and WHEREAS, $500,000 may be transferred from EBHC Operations to EBHC Capital and such change may be done without harm to the EBHC operating fund. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a transfer of $500,000 from the operating fund of the Earle Brown Heritage Center to the EBHC Capital Fund be and hereby is approved. June 26, 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. City C©ll Agenda- Hem N©0 91 [i1II[iJ I N U I M'A L'A I 3k'A 0] 1WI I1BJA1 DATE: June 26, 2017 TO: Curt Boganey, City Manag FROM: Gary Eitel, Director of Business & Development Ac SUBJECT: Resolutions Regarding the Disposition of Planning Commission Application No. 2017-003 Submitted by TOPGOLF USA Brooklyn Center, LLC. for Planned Unit Development Amendment No. 3 to the Regal Road Development Addition Planned Unit Development of 1998 (Located at 6330 and 6420 Camden Avenue North) Recommendation: It is recommended that the City Council consider approval/adoption of Resolutions regarding the Disposition of Planning Commission Application No 2017-03, submitted by TOPGOLF USA Brooklyn Center, LLC. , requesting approval of a Planned Unit Development Amendment (No. 3) to the Regal Road Development Addition Planned Unit Development of 1998; Preliminary Plat of Regal Road Development 3rd Addition; and Site and Building (Development) Plan for the Top golf Commercial Recreation/Entertainment Building and Golf Driving Field. Background: On June 15, 2017, the Planning Commission reviewed Planning Commission Application No. 2017-03, submitted by TOPGOLF USA Brooklyn Center, LLC. which requested an amendment to the 1998 Planned Unit Development of the Regal Road Development Addition to allow the demolition of the existing 85,240 sf. Regal Theater and the redevelopment of a commercial recreational/entertainment use consisting of a 65,000 square foot, three level facility with 102 hitting bays, a 50 table restaurant & lounge, a 3,000 square foot roof terrace, a 3,000 square foot event area and a 220 yard driving range with 11 outfield targets. The application also includes the replatting of 14.93 acres and consideration of a separate Site and Building Plan application regarding the development of this proposed 65,000 sf., 3 story commercial building and parking lot under the current Planned Unit Development/Commerce (PUD/C2) zoning district. This amendment was required due to the PUD Agreement of 1998 stipulating that any new development on the two commercial pad sites within the Regal Road PUD must be approved under a PUD amendment, along with an approved Site and Building (Development) plan. This third PUD Amendment and the accompanying Site/Development Plan provides for the continued use of the site as a commercial recreational/entertainment use within the underlying C2 (Commerce) District, along with establishing the required parking spaces for this non-specified use at 481 stalls. At the June 15th meeting, the Planning Commission reviewed these application items under a duly noticed public hearing, with no comments or objections received from the genera! public. 11issioiz: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life ftr all people and preserves the public trust [EI1PJ[ i• ii akA I I 1 kY4 [I) iI 1I! I Attached for review are Planning Commission Resolutions Nos. 2017-04, 2017-05, and 2017-6, providing the Commission's favorable (and unanimous) recommendations of approval regarding Planning Application Nos. 2017-003. Budget Issues: There are no budget issues to consider. Strategic Priorities: Targeted Redevelopment Mission: Ensuring an (it/ructive, clean, safe, inclusive coinniunhly that enhances the quality of life for al/people and preserves (he public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2017-003 SUBMITTED BY TOPGOLF USA BROOKLYN CENTER, LLC. FOR A PLANNED UNIT DEVELOPMENT AMENDMENT (No. 3) TO THE REGAL ROAD DEVELOPMENT ADDITION PLANNED UNIT DEVELOPMENT OF 1998 (LOCATED 6330 AND 6420 CAMDEN AVENUE NORTH) WHEREAS, on July 27, 1998, the City Council of Brooklyn Center adopted Resolution No. 98-133, which approved and accepted the Regal Road Development Addition Planned Unit Development (PUD) of 1998, which comprehended the rezoning approval of 16.76 acre area of land bounded on the north by 66th Avenue, TH252 on the east, Interstate 694 to the south, and Camden Avenue to the west, from C-2 (Commerce) to PUD/C-2 (Planned Unit Development/Commerce) District; and WHEREAS, the PUD proposal comprehended the development of a new site and building plan approval of an 85,240 sq. ft., 4,592 seat, 20 screen theater on 13.09 acres of the rezoned subject PUD site, along with the creation of two future development pad sites consisting of 88,186 sq. ft. (Pad Site No. 2 - to the north) and 71,693 sq. ft. (Pad Site No. 3 - to the south), respectively, for future commercial development, with each pad site identified as potential restaurant uses; and WHEREAS, on September 28, 1998, the City Council approved Planning Application No. 98-19, which comprehended the First Amendment to the approved Regal Road Development Addition Planned Unit Development, which included an alternate storm water management system including a ponding area and a reduction in the lot size of Pad Site No.3 from 2.02 acres to 0.96 acres, in the event the original designed storm systems were not accepted by the local watershed; and WHEREAS, on February 27, 2006, the City Council adopted Resolution No. 2006-25 approving a PUD amendment and site plan approval to allow the construction of a 10,000 sf. multi-tenant building on Pad Site 3. WHEREAS, on November 9, 2015, the City Council approved a PUD amendment relating to the development of Pad Site 2 for a 4 story 80,000 sf. commercial self-storage facility; however, the PUD agreement was not revised or amended when the developer decided not to proceed with the project. WHEREAS, the recorded Declaration of Covenants and Restrictions for the Regal Road Development (PUD Agreement) restricts the use of Lot 1, Block 1 (Pad Site No. 1) for only a twenty screen movie theater of approximately 85,240 sf. with approximately 4592 seats; unless the owner first secures approval by City Council of an amendment to the planned unit development plan or a rezoning to a classification which permits such other development and use and allows the owners of Lots 2 and 3 (Pad Sites No. 2 & 3) to apply for an amendment to the planned unit development for said lots to allow another use which is compatible with surrounding and nearby properties; consistent with the City's comprehensive plan; and in the interests of public health, safety and welfare; and WHEREAS, TOPGOLF USA Brooklyn Center, LLC have submitted Planning Application No. 201-003, which is considered the Third Amendment to the Regal Road Development Addition Planned Unit Development of 1998, by allowing certain changes to the approved PUD for this development area; and WHEREAS, Planning Application 2017-003 presents an official request to allow a specific commercial use not identified under City Zoning Code Section 3 5-322, C2 (Commerce) District standards under the original Regal Road Development Addition PUD, to facilitate the redevelopment of Pad Site No. 1 and its consolidation with Pad Site No. 2 for the Topgolf commercial recreational/entertainment use consisting of a 65,000 square foot, three level facility with 102 hitting bays, a 50 table restaurant & lounge, a 3,000 square foot roof terrace, a 3,000 square foot event area and a 220 yard driving range with 11 outfield targets; and WHEREAS, on June 15, 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 received and considered by the Planning Commission; the Planning Commission considered the Planned Unit Development Amendment request in light of all testimony received, including the guidelines for evaluating such amendments as contained in Section 35-355 of the City's Zoning Ordinance and the City's Comprehensive Plan; and WHEREAS; in light of all testimony received, the Planning Advisory Commission of the City of Brooklyn Center confirmed that Planning Application No. 2017-003, submitted by TOPGOLF USA Brooklyn Center was consistent with the finding and consideration which supported the 1998 PUD rezoning and may be approved based upon the following additional considerations: a)This regional commercial recreational use will continue to promote and enhance the identify and location of Brooklyn Center and keeps the redevelopment of this site active and ongoing, b)This development site and overall PUD site will have adequate measures in place to maintain and provide suitable access to the site. c) The development plans by Topgolf appears to be a reasonable and effective means of adding additional commercial tax base to the community, and will be a good fit overall Regal Road Development Planned Unit Development project area, and is supported and approved by the Planning Commission. d) City will require an amended declaration of covenants and restrictions for this commercial PUD that will include the interim use of the northern parking area as Metropolitan Transit Park and Ride site and address the future use / redevelopment of this Outlot to complement the Hwy 252 freeway conversion improvements. AND WHEREAS, the Planning Commission unanimous approved the adoption of Resolution No. 2017-005 recommending approval of a 3 Amendment to the Regal Road Development Addition Planned Unit Development based on the belief that the guidelines for evaluating Planned Unit Development Amendment of 1998 with certain conditions. NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Brooklyn Center, Minnesota, that Planning Application No. 2017-003 submitted by TOPGOLF USA Brooklyn Center, LLC. requesting approval of a 3rd Amendment to the Regal Road Development Addition Planned Unit Development of 1998 is hereby approved subject to the following conditions: 1)Developer is allowed to develop this Pad Site No. 1 and 3, as identified under the original Regal Road (Regal Theatre) Planned Unit Development of 1998, to allow the demolition of the existing 85,240 sf. Regal Theater and the redevelopment of a commercial recreational/entertainment use consisting of a 65,000 square foot, three level facility with 102 hitting bays, a 50 table restaurant & lounge, a 3,000 square foot roof terrace, a 3,000 square foot event area and a 220 yard driving range with 11 outfield targets. 2)Developer is allowed to consolidate Pad Sites No. 1 and 3 into a new plat to create a lot for the Topgolf Facility and a 1.62 acre commercial outlot for the interim use as a park and ride site. 3)City will require execution of an amended PUD agreement/Declaration of Easements and Covenants consistent with the approved site development plans submitted by Topgolf, USA Brooklyn Center LLC. 4)The commercial development plan submitted for approval under Planning Application No. 2017-004 (pursuant to City Zoning Code Section 35-230), shall be in substantial compliance with the approved development plan. Substantial compliance shall mean that buildings, parking areas and roads are in essentially the same location as previously approved; the floor area of nonresidential areas has not been increased or decreased by more than 5 percent; no building has been increased in the number of floors; open space has not been decreased or altered from its original design or use, and lot coverage of any individual building has not been increased or decreased by more than 10 percent. 5) If within 12 months following approval by the City Council of the development plan, no building permits have been obtained or, if within 12 months after the issuance of building permits no construction has commenced on the area approved for the PUD area, the City Council reserves the right to recall or cancel this development plan proposed for the subject property. 6)Any major amendment to the development plan may be approved by the City Council following the same notice and hearing procedures specified in this section. An amendment shall be considered major if it involves any change greater than that permitted by Subdivision Sd of this section. Changes which are determined by the City Council to be minor may be made if approved by the Planning Commission after such notice and hearing as may be deemed appropriate by the Planning Commission. 7)After approval of the development plan and the plan approval required by Section 35 - 230, nothing shall be constructed on the site and no building permits shall be issued except in conformity with the approved plans. 8) Unless amended otherwise or under separate agreement, all existing provisions, standards and variations provided under the Regal Road Development Planned Unit Development of 1998, and any subsequent amendments, shall remain in effect. June _22,_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. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REGARDING RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2017-003 SUBMITTED BY TOPGOLF USA BROOKLYN CENTER, LLC. REQUESTING APPROVAL OF THE PRELIMINARY PLAT OF REGAL ROAD DEVELOPMENT 3 ADDTION (LOCATED AT 6330 AND 6420 CAMDEN AVENUE NORTH) WHEREAS, Planning Commission Application No. 2017-003 was submitted by Topgolf USA Brooklyn Center, LLC, requesting approval of a Preliminary Plat of a new subdivision to be titled Regal Road Development 3 Addition which facilitates the following lot reconfigurations within the Regal Road Development PUD: A.the consolidation of Lot 2, Block 1 Regal Road Development Addition, the 1.62 acre vacant lot at 6330 Camden Ave. N., referred to as PUD Site No. 2 with Lot 3, Block 1, Regal Road Development 2nd Addition, the 14.15 acre Regal Theater site at 6420 Camden Ave. N., referred to as PUD Site 1; B.the dedication of additional right of way for the extension of Camden Ave. N. and relocation of the existing cul-de-sac to facilitate the placement of the Topgolf building; C.the vacation and rededications of the necessary utility easements; and D.the creation of a new lot for the development of Topgolf USA Brooklyn Center, LLC and a 1.62 acre commercial outlot; and WHEREAS, on June 15, 2017 the Planning Commission held a duly called public hearing, whereby this item was given due consideration, a staff report was presented, and a public hearing was opened to allow for public testimony regarding the preliminary plat of Regal Road Development 3rd Addition, which were received and noted for the record; and WHEREAS, the Planning Commission has determined during its review of the preliminary plat materials submitted with Planning Application No. 2017-003, that said plat is in general conformance with City of Brooklyn Center's City Code Chapter 15 - Platting; AND WHEREAS, upon acceptance of all public comments and discussion of the related Planning Application items, the Planning Commission unanimous approved the adoption of Resolution No. 2017-05 recommending approval of the Preliminary Plat of Regal Road Development 3' Addition with certain conditions. NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Brooklyn Center, Minnesota that Planning Application No. 2017-003, as submitted by TOPGOLF USA Brooklyn Center, LLC. requesting Preliminary Plat consideration of a new subdivision to be titled Regal Road Development 3 Addition is hereby subject to the following conditions: 1.All recommendations and conditions as noted in the City Engineer's review memorandum, dated June 8, 2017 shall be complied with or completed as part of any final plat approvals. 2.Approval of this plat will be subject to the approval of the separate Regal Road Development Planned Unit Development Amendment No. 3, as filed under Planning Application No. 2017-003. 3.Any easements that need to be vacated under this platting process as determined by the City Engineer must be considered under separate and formal City easement vacation process, with all documentations, descriptions, and exhibits singed by a licensed surveyor. 4.The final plat shall be subject to review and final approvals by the City Engineer, prior to release by the City for recording purposes. 5.The final plat shall be subject to the provisions of Chapter 15 of the City Ordinances. 6.An updated certified abstract of title or registered property report must be provided to the City Attorney and City Engineer for review at the time of the final plat application (within 30 days of release of the final plat). June _22,_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. Member introduced the following resolution and moved its adoption: RESOLUTION NO. 2017 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2017-003 SUBMITTED BY TOPGOLF USA BROOKLYN CENTER, LLC. APPROVING THE SITE AND BUILDING PLAN (DEVELOPMENT PLAN) FOR THE PROPOSED TOPGOLF COMMERCIAL RECREATION/ENTERTIANMENT BUILDING AND GOLF DRIVING FIELD WITHIN THE REGAL ROAD DEVELOPMENT 3 ADDITION PLANNED UNIT DEVELOPMENT (LOCATED AT 6330 AND 6420 CAMDEN AVENUE NORTH) WHEREAS, Planning Commission Application No. 2017-003, submitted by TOPGOLF USA Brooklyn Center, LLC is requesting approval of a new Site and Building Plan for a commercial recreational/entertainment use consisting of a 65,000 square foot, three level facility with 102 hitting bays, a 50 table restaurant & lounge, a 3,000 square foot roof terrace, a 3,000 square foot event area and a 220 yard driving range with 11 outfield targets; and WHEREAS, this proposed Site and Building Plan comprehended under Planning Application No. 2017-003 shall serve as the new Development Plan in conjunction with the proposed Third Amendment to the Regal Road Development Addition Planned Unit Development of 1998; and WHEREAS, on June 15, 2017, the Planning Commission held a public hearing and meeting to fully consider Planning Commission Application No. 2017-003, and reviewed and received a planning report on the proposed new Site and Building Plans for the proposed Topgolf facility development, and other related improvements in conjunction with this specific development; and WHEREAS, in light of all testimony received, and utilizing the guidelines and standards for evaluating site and building plans, as contained in Section 35-230 (Plan Approval) of the City's Zoning Ordinance, along with consideration of the goals and objectives of the City's Comprehensive Plan, the Planning Commission considers this site and building plan an appropriate and reasonable development of the subject property; and WHEREAS, the Planning Commission finds that the Site and Building plans for the Topgolf facility are consistent with the amended Development Plans of the Regal Road Development Addition Planned Unit Development of 1998. AND WHEREAS, upon acceptance of all public comments and discussions of the related Planning Application items, the Planning Commission unanimous approved the adoption of Resolution No. 2017-006 recommending approval of Site and Building Development Plans or the Topgolf Facilities consistent with the Third Amendment to the Regal Road Development Planned Unit Development with certain conditions. RESOLUTION NO. NOW, THEREFORE, BE IT RESOLVED by the City Council for the City ofBrooldyn Center, Minnesota, that the Site and Building (Development) Plan of the proposed 3-story, 65,000 square foot commercial recreation! entertainment facility as comprehended under Planning Application No. 2017-003 is hereby approved subject to the following conditions: 1)Developer agrees to comply with all conditions or provisions noted in the City Engineer's Review memo, June 8, 2017. 2)Final drainage and utility plans and specifications are approved by the City Engineer. 3)Final grading, drainage, utility and erosion control plans and any other site engineering related issues are subject to review and approval by the City Engineer prior to the issuance of permits. A Storm water Pollution Prevention Plan (SWPPP) must be provided for review and approval. 4)The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 5)All landscaped areas, including street boulevards, shall include approved irrigation systems to facilitate site maintenance. 6)Any major changes or modifications made to this Site and Building Plan can only be made by amendment to the approved Site and Building Plan as approved by the City. 7) Developer must submit an as-built survey of the property, improvements and utility service lines and structures; and provide certified record drawings of all project plan sheets depicting any associated private and/or public improvements, revisions and adjustments prior to issuance of the certificate of occupancy. The as-built survey must verify that all property corners have been established and are in place at the completion of the project as determined and directed by the City Engineer. June _22,_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. of3rtK VTER Planning Commission Report Meeting Date: June 15 2017 o Application Filed: 05/15/17 o Application Deemed Complete: 05/15/17 o Review Period (60-day) Deadline: 07/14/17 o Extended Review Period Deadline: N/A Application No. 2017-004 Applicant: Topgolf USA Brooklyn Center, LLC Location: 6330 & 6420 Camden Avenue North Request: Planned Unit Development Amendment (No. 3), Site and Building Plan, and Preliminary Plat. INTRODUCTION Topgolf USA is requesting a Planned Unit Development (PUD) Amendment to the previously approved Regal Road (Regal Theatre) Development Addition PUD development plans. This 3rd amendment would allow the redevelopment of Lots 2 and 3, Block 1 Regal Road Development 2nd Addition and Lot 2, Block 1, Regal Road Development Addition, referred to as pad sites Pad Site No. 1 and Pad Site No. 3 tinder this Regal Road PUD, respectively. BRIEF STATEMENT OR INTENT OF APPLICATION: This PUD Amendment is for the expressed purpose of amending the original Planned Unit Development of the Regal Theater Development Plans of 1998 to allow the demolition of the existing 85,240 sf. Regal Theater and the redevelopment of a commercial recreational/entertainment use consisting of a 65,000 square foot, three level facility with 102 hitting bays, a 50 table restaurant & lounge, a 3,000 square foot roof terrace, a 3,000 square foot event area and a 220 yard driving range with 11 outfield targets. The application also includes the replatting of 14.93 acres and consideration of a separate Site and Building Plan application regarding the development of this proposed 65,000 sf., 3 story commercial building and parking lot tinder the current Planned Unit Development/Commerce (PUD/C2) zoning district. Applicants may combine development plan approval with the plan approval required by Zoning Code Section 35-230 by submitting all information required for both simultaneously. This matter is being presented as a public hearing item; and notices have been mailed to all surrounding property owners within 350-feet of the affected site. COMPREHENSIVE PLAN AND ZONING STANDARDS Land Use Plan: RB - Retail Business Current Zoning: PUD/C2 (Planned Unit Development/Commerce) App. No. 2017-004 PC 06/15/2017 Page 1 Surrounding Zoning: North: PUD/C2 (Planned Unit Development/Commerce) East: HWY 252 / 1-694 corridor South: 1-694 corridor West: R-5 Multiple Family Residence Neighborhood. Firehouse Site Area: 14.93 acres Setback Standards: Building: Front Yard 35-ft.; Rear Yard 40-ft.; Side Yard (Interior) 10 ft.; and Corner Side-Yard 25-ft. Parking: 15-ft. from any street right-of-way line. Conformity to. Land Use Plan. Yes Zoning Ord.: Yes - subject to PUD Amendment Subdivision Ord.: Yes Sign Ord.: Yes - site plan illustrates signage consistent with the C 2 standards Variance Needed for Request: None, the site plan meets the provisions of the C 2 building setbacks and parking standards are established by the City Council. BACKGROUND The subject site is currently zoned PUD/C2 (Planned Unit Development/Commerce). The original Regal Road Development PUD plan was approved on July 27, 1998; and the new zoning for this area, from C2 (Commerce) to PUD/C2, was approved by Ordinance No. 98-10, adopted September 14, 1998. The 1998 PUD provides an approved development plan of three parcels: Pad Site No. 1 a 13.09 acre lot for the proposed Regal Theatre, an 85,250 sq. ft., 20-screen movie theatre with 4,592 seats and 1,148 parking stalls. Pad Sites No. 2 and 3 have lot areas of 1.65 and 2.02 respectively and were identified as future "restaurant uses" and were specifically precluded as a fast food / convenience food restaurant, gas station/convenience store, car wash, pawn shop or check cashing operation. Shortly after this original PUD approval, the developers applied to the city for the first amendment to the PUD. The PUD amendment requested the option of providing a traditional open storm water pond for storm water treatment purposes, instead of the underground chamber system that was originally designed and approved under the July 1998 PUD submittals. The staff memorandum that accompanied the PUD amendment referenced concerns on receiving Watershed approval for the underground system and the option would enable the project to stay on schedule. App. No. 2017-004 PC 06/15/2017 Page 2 This PUD amendment was recommended for approval by the Planning Commission on September 10, 1998 and on September 28, 1998 the City Council approved the final plat of Regal Road Development Addition with the amended PUD plans including a surface ponding area and a reduction in the lot area of Pad Site 3 from 2.02 acres to 0.96 acres to compensate for the theatre parking area lost by the open pond area. Attached for your reference are copies of Resolution No. 1998-133 which approved this PUD rezoning application, a copy of Ordinance No. 98-10, and the recorded Declaration of Covenants and Restrictions (the City's PUD agreement). On February 27, 2006, the City Council adopted Resolution No. 2006-25 approving a PUD amendment and site plan approval to allow the construction of a 10,000 sf. multi-tenant building on Pad Site 3. Attached for reference is a copy of this resolution. In 2007, the City obtained a drainage & utility easement and developed an underground storm water treatment facility south of the existing ponding area. The system consisted of two large concrete chambers (64' x 52' x 16') that were connected to the existing 72" area storm sewer and provide treatment prior to discharging into the Mississippi River. On November 9, 2015, the City Council approved a PUD amendment relating to the development of Pad Site 2 for a 4 story 80,000 sf. commercial self-storage facility. The PUD agreement was not revised or amended when the developer decided not to proceed with the project. PUD AMENDMENT ANALYSIS The recorded Declaration of Covenants and Restrictions for the Regal Road Development (PUD Agreement) restricts the use of Lot 1, Block 1 (Pad Site No. 1) for only a twenty screen movie theater of approximately 85,240 sf1 with approximately 4592 seats; unless the owner first secures approval by City Council of an amendment to the planned unit development plan or a rezoning to a classification which permits such other development and use. The Declaration also allows the owners of Lots 2 and 3 (Pad Sites No. 2 & 3) to apply for an amendment to the planned unit development for said lots to allow another use which is compatible with surrounding and nearby properties; consistent with the City's comprehensive plan; and in the interests of public health, safety and welfare; provided, however that said lots may not be developed or used as a fast food or convenience food restaurant, gasoline service station, convenience store, car wash, pawn shop or check cashing operation. PUD Amendment No. 3, provides for the changes necessary to facilitate the redevelopment of Pad Site No. 1 and Pad Site No. 2 for the Topgolf commercial recreational/entertainment use consisting of a 65,000 square foot, three level facility with 102 hitting bays, a 50 table restaurant & lounge, a 3,000 square foot roof terrace, a 3,000 square foot event area and a 220 yard driving range with 11 outfield targets. Additionally, the amendment will enable the creation of a 1.62 acre commercial outlot with an App. No. 2017-004 Pc 06/15/2017 Page 3 A PUD Amendment may provide for certain reduced setback allowances for the new building placement; size and location of signage; and/or a reduced parking numbers for a proposed use. The initial PUD approval for the Regal Road Development reduced the parking required for a movie theater from 1 stall for each three seats to 1 stall for each four seats. As previously indicated this site plan meets the dimensional standards of the underlining C 2 District and the minimum parking requirements are established by the City Council based on similar uses and evidence of parking needs provided by the applicant. Planning Staff is providing for the Planning Commission's consideration certain findings which may assist in supporting the recommendations to approve this PUD Amendment: a)The allowance of this non-specified commercial use in this underlying C2 (Commerce) District will help promote and enhance the general welfare of this overall PUD, as it maintains and keeps the redevelopment of this site active and ongoing, and reflects a reasonable need or benefit to the PUD Site as requested by the Developer. b)This development site and overall PUD site will have adequate measures in place to maintain and provide suitable access to the site. c,) The development plans by Topgolf appears to be a reasonable and effective means of adding additional commercial tax base to the community; and will be a good fit overall Regal Road Development Planned Unit Development project area, and is supported and approved by the Planning Commission. d) City will require an amended declaration of covenants and restrictions for this commercial PUD that will include the interim use of the northern parking area as Metropolitan Transit Park and Ride site and address the future use / redevelopment of this Outlot to complement the Hwy 252 freeway conversion improvements. 2 1 Mm I I I1 'a 2 W O I i II'L fl eI7 J II 'i M S1 2h'4 I aIhI flOflOJ This application includes the consolidation of Lot 2, Block 1 Regal Road Development Addition, the 1.62 acre vacant lot at 6330 Camden Ave. N., referred to as PUD Site with Lot 3, Block 1, Regal Road Development 2' Addition, the 14.15 acre Regal Theater site at 6420 Camden Ave. N., referred to as PUD Site 1. The replat includes the dedication of additional right of way for the extension of Camden Ave. N. and relocation of the existing cul-de-sac to facilitate the placement of the Topgolf building; vacates and rededicates the necessary utility easements; and creates a new 1.62 acre commercial. App. No. 2017-004 PC 06/15/2017 Page 4 Block I 11 --- - -- As you will recall, there is a narrow strip of MnDOT right of way that is considered excess right of way from the I694 and Hwy 252 improvements. The City's Engineering Department is working with MnDOT to coordinate a turn back and/or conveyance of this abandoned remnant of a previous City Street (Lilac Drive) that will be used to relocate the cul-de-sac of Camden Drive. The demolition plan identifies the removal of the pavement, curbing and hydrant. The landscape plan should include the sodding (the option of seeding pending the conveyance) of this area. This photograph illustrates the existing condition of this excess right of way strip. To the west of the site is the Melrose Gates Apartment complex which has a fire lane access easement to Camden Ave. that will now be improved by the extension of the cul-de-sac. App. No. 2017-004 Pc 06/15/2017 Page 5 SITE & BUILDING (DEVELOPMENT) PLAN IMPROVEMENTS o Layout & Architecture The proposal by Topgolf facility is a new 3-story, 65,000 sf1 commercial recreation facility that has it commercial exposure facing south (1-694) with the northern portion of the building providing 102 open hitting bays into the 220 yard golf driving range target field. The building's exteriors finishes of the building consists of colored EIFS with a significant amount of stone and composite paneling and colored changing LED washing metal mesh, and glass which accents at the main entrance and highlight the business signage and exposure to I- 694. The quality of these finishes and the building visibility from 1-694 will draw positive attention to Topgolf and the City of Brooklyn Center. The architectural features for the front and sides are consistent with the Class I and Class II elements specified under the city's Architectural. The main entry is located on the southeastern half of the building and is elevated to provide access to the 2 nd level which has an elevation of 853 and includes an area that would support valet parking services. The service entries for laundry, product, and sanitation services are located on the southwestern portion of the building ( FI LL1I1iThi WEST ELEVATION EAST ELEVATION App. No. 2017-004 PC 06/15/2017 Page 6 ( The redevelopment provides for a southern (front) parking area of 101 parking stall, including 13 handicapped stalls with a landscaped, a driveway entrance from Camden Ave. and an elevated entrance to the Main floor (second level of the building). I i\C - ' :-t----- _ CJ -.- \\ '- / ----- —_i_--/ \ _ I \ E - - LFP N-— C.WOENltF- - T The eastern side/Hwy 252 frontage of the site has 412 parking stalls with a landscaped drive lane that is accessed from a new entrance onto Camden Ave. The traffic report has recommended that a sidewalk be considered near this access lane to serve pedestrian movement within the parking lot. The northeast corner of the site contains the existing storm water retention and treatment pond and the 2007 underground storm water improvements. The new entrance onto Camden Ave. (approximately 150 feet north of the existing entrance to the Regal Theater) will also serve the parking lot on the commercial outlot. The former access onto Camden Ave. served as the primary access for both the 20 screen movie theater and the daily traffic using the park & ride facilities. An existing sidewalk is located on the west side of Camden Ave which extends up to the main entry to the Melrose Apartment Complex. An existing crosswalk is located on the south side of the entrance to the Regal Theater. The City may wish to consider the designation of this City Street for no-parking and stripping a bike lane along Camden Ave. in lieu of the Traffic Consultants recommendation of extending a sidewalk along the east side of Camden Ave. App. No. 2017-004 PC 06/15/2017 Page 7 To the north of the building is the 220 yd. driving range with 10 in ground lighted target areas that are enclosed within a polyester barrier netting system that varies in height from 90 feet to 170 feet. The netting system includes a total of 27 steel poles (42" diameter in width) that are off-set approximately 55 feet apart SOUTH ELEVATION NORTH ELEVATION lr-.rCI&. i-- -- 1 1 _____________ I N EAST ELEVATION Landscaping The landscape plan identifies the location of 46 deciduous trees planted with the Regal Theater site development, 6 conifer trees and 5 ornamental trees that will be maintained and the additional landscaping with the new parking islands developed as part of the access drive serving the eastern parking lot. Additionally, the plan includes the landscaping within the new southern parking area; the boulevard area of the Camden Ave. extension and new entrance; screening of the service entry; and significant plantings to accent the elevated entry. App. No. 2017-004 PC 06/15/2017 Page 8 Gopher 5tote One Coil - J S TA IF rr:S,Irt'A V 21 2 • LOUCKS HEl H El ------t_ __iI 1 - C ro \cL ___ El El -. TV..-. I The plan identifies compliance with the City's Landscape Policy through providing 356 points of additional landscape materials to achieve 850 points for the 15.27 acres (includes the northern commercial outlot. os Parkina & Acces The site plan illustrates a total of 513 parking stalls for Topgolf and 222 parking stalls for the commercial outlot. The primary entrance continues to be in the vicinity of the current entrance point (approximately 150 feet to the north). Internal circulation is provided by an access lane that parallels the driving range/target field and connects to the northern parking area and southern entrance onto Camden Ave. The City's parking requirements are as follows: Pursuant to City Zoning Code Section 35-355; PUD- Subd. 3. Development Standards. d. Parking provided for uses within a PUD shall be consistent with the parking requirements contained in Section 35-704 of this ordinance unless the developer can demonstrate to the Cily's satisfaction that a lesser standard should be permitted on the grounds of the complementarily ofpeak parking demands by the uses within the PUD. App. No. 2017-004 PC 06/15/2017 Page 9 The Zoning Code Sect. 35-100 - Off Street Parking Requirements, provides for uses that are not covered by the code shall be determined by the City Council using a similar use. The traffic study prepared by Spack Consulting comments on the City's parking ordinance and provides a recommendation that the 481 stalls used in their site analysis provided sufficient parking for this use. The report references the peak period for the Scottsdale, Arizona Topgolf location occurring on Saturday evening with 397 parking stalls occupied. Additionally, the following different calculations were considered based the commercial uses identified in Sect. 35700: 2. Commercial (Retail and Service Office) C. Other Retail stores/centers/financial institutions: 11 spaces for first 2,000 sf. GFA + 5.5 spaces for each additional 1,000 sf. GFA Caic.: First 2,000 sf. = 11 spaces 65,000 - 2,000 = 63,000 sf. /1,000 sf. = 63 x 5.5 = 347 + 11 = 358 spaces e. Bowling Alley (adjusted from 5 spaces for each lane to 4 spaces for each hitting bay with a 150 seat restaurant/bar/lounge) CaIc.: 4 x 102 = 408 (150 seats divided by 2) = 75 + 60 employees divided by 2 = 30 for a total of 513 spaces The Planning Commission should consider the similarities of the uses and provide a recommendation the City Council's decision on a parking requirement for this PUD. The traffic report included the following site plan recommendations: I I eSle J! .,j1 .. I I - 1: :_• .: 1_ - 4 1L- - r - 1-. • L- p'Ii.tI I L. I)5,; rt1 ^-; 'i L1 , -- 1 I -r ,,.r -ILL : . -. . . App. No. 2017-004 PC 06/15/2017 Page 10 rm:1 ii Grading/Drainage/Utilities The drainage plan utilizes the existing drainage improvements installed with the 1998 development of the Regal Theater site (storm water detention pond, 36" and 27" storm sewer collection system which enters the ponding area, an overflow of the ponding area via an 18" storm sewer connection to the existing 72" storm sewer trunk line which crosses this property. The plan illustrates the-location of the former 65th Ave. street alignment which includes the trunk water, sanitary sewer, and storm water improvements which serve this area. The additional storm sewer improvements identified on the above plan illustrates the location of 2,927 feet of new perforated storm sewer piping that will provide for infiltration into to the sandy soils of the site and 926 feet of regular storm sewer improvements. The City's Engineering Department has worked with the project engineer in the design of a plan which meets the current requirements of the West Mississippi Watershed Management Organization. This application is scheduled to be considered at their July 13th meeting. The City's Engineering Memo also addresses the permits and erosion & control conditions to be in place during site demolition and construction. Additionally, the MnDOT Review has requested additional information on the ponding area that was constructed with the initial 1998 drainage improvements. App. No. 2017-004 PC 06/15/2017 Page 11 Lighting Ile 9 s 22K 0 4 2 0 4-- 4 - 3 ---- o 2 2 -------------------------9' \t ..t .......... 9 r C ec ç 9 C £ 02 - LECTIIItt I jJoGPHOrOMErRIS3 The lighting plan utilizes the eastern and norther portion of the parking lot lighting of the existing parking lot and the installation often 27' poles with downcast LED light fixtures: - 7 along the eastern driving range/target field for the parking lot with the new internal access drive and 3 within the new southern parking area. The Sports lighting of the driving range//target field uses six 12' high light poles mounted on top of the building which are directed to the target area. The electrical lighting photometric plan illustrates that the sports lighting is contained within the target field and that the optic orientation and distribution and parking lights are significantly less than the City's maximum threshold of 3 footcandles at the property line. CITY ENGINEER REVIEW Attached is a copy of the City Engineer memorandum on their review of the Site Plan, PUD Amendment and Preliminary Plat, dated June 8, 2017. A copy of this memorandum and requests for plan modifications has been provided to the project engineer for inclusion in their final plan submittals for future development permits issued by the City. Additionally included is a copy of MnDOT review letter. App. No. 2017-004 Pc 06/15/2017 Page 12 SIGNAGE REVIEW The sign standards for this commercial development include the following maximum allowances: Wall signage: a maximum of 15% of the wall area. Freestanding Signage: a maximum of 250 sf1 and maximum sign height (above the 1st floor elevation of 32 feet. a second freestanding sign is allow in the event the business abuts two or more streets which are at least collector of arterial in character and if the abutment on each street exceeds 400 feet, one freestanding sign may be erected along each such street. The Topgolf signage plan complies with these standards. T[j L1 WEST ELEVAfION; 8712 SF. TOTAL FRONT ELEVATION 5NAE (824 SF,i98 SF. )/18712 SQ. FL.O49 5% TOTAL OF ELEVM1ON SHIELD LOGO 24A sF.ro1AL 4%0F ELEVATIOH The TOPGOLF sign is 98 sf. sign area (a total of 912 sf. or 5% of total wall area. App. No. 2017-004 PC 06/15/2017 Page 13 FREE-5T.,\v',%P5iGvFRar&S,DE ELEL4r. ALa Tie.. MWMrS, kA ej TOPGDLF MVMEtT5G?JFRO,TaLELS77av SC4L3-S. rr The freestanding sign on 1-694 is located in the South west corner of the site. The sign has an area of approximately I 1 sf. and a sign height of 42 feet (site elevation at the sign 937') compared to the main floor elevation at 953. The monument sign at the primary entrance on Camden Ave. has a sign area of approximately 90 sf. and a sign height of 9.5 feet. App. No. 2017-004 PC 06/15/2017 Page 14 1SII] kI Ill V[S]iI FOR PUD: Staff recommends the Planning Commission adopt the attached Resolution No. 2017-04, which comprehends the approval of Planning Application No. 2017-004, which is the 3rd Amendment to the Regal Road Development Planned Unit Development of 1998, subject to the following conditions and allowances: 1)Developer is allowed to develop this Pad Site No. 1 and 3, as identified under the original Regal Road (Regal Theatre) Planned Unit Development of 1998, 1998 to allow the demolition of the existing 85,240 sf. Regal Theater and the redevelopment of a commercial recreational/entertainment use consisting of a 65,000 square foot, three level facility with 102 hitting bays, a 50 table restaurant & lounge, a 3,000 square foot roof terrace, a 3,000 square foot event area and a 220 yard driving range with 11 outfield targets. 2)Developer is allowed to consolidate Pad Sites No. 1 and 3 into a new plat to create a lot for the Topgolf Facility and a 1.62 acre commercial outlot for the interim use as a park and ride site. 3)City will require execution of an amended PUD agreement/Declaration of Easements and Covenants consistent with the approved site development plans submitted by Topgolf, USA Brooklyn Center LLC. 4)The commercial development plan submitted for approval under Planning Application No. 2017-004 (pursuant to City Zoning Code Section 35-230), shall be in substantial compliance with the approved development plan. Substantial compliance shall mean that buildings, parking areas and roads are in essentially the same location as previously approved; the floor area of nonresidential areas has not been increased or decreased by more than 5 percent; no building has been increased in the number of floors; open space has not been decreased or altered from its original design or use, and lot coverage of any individual building has not been increased or decreased by more than 10 percent. 5)If within 12 months following approval by the City Council of the development plan, no building permits have been obtained or, if within 12 months after the issuance of building permits no construction has commenced on the area approved for the PUD area, the City Council reserves the right to recall or cancel this development plan proposed for the subject property. 6)Any major amendment to the development plan may be approved by the City Council following the same notice and hearing procedures specified in this section. An amendment shall be considered major if it involves any change greater than that permitted by Subdivision Sd of this section. Changes which are determined by the App. No. 2017-004 PC 06/15/2017 Page 15 City Council to be minor may be made if approved by the Planning Commission after such notice and hearing as may be deemed appropriate by the Planning Commission. 7)After approval of the development plan and the plan approval required by Section 35 230, nothing shall be constructed on the site and no building permits shall be issued except in conformity with the approved plans. 8)Unless amended otherwise or under separate agreement, all existing provisions, standards and variations provided under the Regal Road Development Planned. Unit Development of 1998, and any subsequent amendments, shall remain in effect. Staff further recommends, subject to the acceptance and approval of the PUD Amendment noted herein, that the Planning Commission adopt separate Resolution No. 2017-05, which comprehends the approval of Planning Application No. 2017-004, a commercial recreational/entertaimnent use consisting of a 65,000 square foot, three level facility with 102 hitting bays, a 50 table restaurant & lounge, a 3,000 square foot roof terrace, a 3,000 square foot event area and a 220 yard driving range with 11 outfield targets, subject to the following conditions: 1)Developer agrees to comply with all conditions or provisions noted in the City Engineer's Review memo, dated June 8, 2017. 2)Final drainage and utility plans and specifications need to be received and approved by the City Engineer. 3)Final grading, drainage, utility and erosion control plans and any other site engineering elated issues are subject to review and approval by the City Engineer prior to the issuance of permits. A Storm water Pollution Prevention Plan (SWPPP) must be provided for review and approval. 4)The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 5)All landscaped areas, including street boulevards, shall include approved irrigation systems to facilitate site maintenance. 6)Any major changes or modifications made to this Site and Building Plan can only be made by amendment to the approved Site and Building Plan as approved by the City. 7) Developer must submit an as-built survey of the property, improvements and utility service lines and structures; and provide certified record drawings of all project plan sheets depicting any associated private and/or public improvements, revisions and adjustments prior to issuance of the certificate of occupancy. The as-built survey must App. No. 2017-004 Pc 06/15/2017 Page 16 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. i i nnwxi RECOMMENDATION: Staff recommends the Planning Commission adopt the attached Resolution No. 2017-06, which comprehends the approval of Planning Application No. 2017-004, the Preliminary Plat of Regal Road Development 3rd ADDITION, subject to the following conditions: 1.All recommendations and conditions as noted in the City Engineer's review memorandum, dated June 8, 2017 shall be complied with or completed as part of any final plat approvals. 2.Any easements that need to be vacated under this platting process as determined by the City Engineer must be considered under separate and formal City easement vacation process, with all documentations, descriptions, and exhibits singed by a licensed surveyor. 3.The final plat shall be subject to review and final approvals by the City Engineer, prior to release by the City for recording purposes. 4.The final plat shall be subject to the provisions of Chapter 15 of the City Ordinances. 5. An updated certified abstract of title or registered property report must be provided to the City Attorney and City Engineer for review at the time of the final plat application (within 30 days of release of the final plat). Attachments City Council Resolution No. 1998-133 Ordinance No. 98-10 Declaration of Covenants and Restriction, Regal Road Development PUD City Council Resolution 2006-25, PUD amendment No. 2 & Pad Site No. 3 site plan approval City Engineer's report dated June 8, 2017 MnDOT review letter dated June 8, 2017 Traffic Study by Spack Consulting dated May 8, 2017 App. No. 2017-004 PC 06/15/2017 Page 17 Attachments (Planning Report 2017 -003 TOPGOLF USA Brooklyn Center): City Council Resolution No. 1998-133 Ordinance No. 98-10 Declaration of Covenants and Restriction, Regal Road Development PUD City Council Resolution 2006-25, PUD amendment No. 2 & Pad Site No. 3 site plan approval City Engineer's report dated June 8, 2017 MnDOT review letter dated June 8, 2017 Traffic Study by Spack Consulting dated May 8, 2017 App. No. 2017-004 PC 06/15/2017 Page 1 r its adoption: Member Debra Hflstroin introduced the following resolution and moved CITY COUNCIL RESOLUTION NO. 98133 RESOLUTION REGARDING RECOMMENDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 98015 SUBMITTED BY CENTRES GROUP BROOKLYN CENTER, LTD. WHEREAS, this proposal comprehends the rezoning of the above mentioned property and site and building plan approval for an 85,240 sq. ft., 4,592 seat, 20 screen theater on a proposed 13.09 acre site and the creation of two other sites, one that is 71,693 sq. ft. in area and the other 88,186 sq. ft. in area for future commercial development, most likely restaurant uses; and WHEREAS, the Planning Commission held a duly called public hearing on June 25, 1998, when a staff report and public testimony regarding the rezoning and site and building plan were received and the Planning Commission continued the public hearing and referred the application to the Northeast Neighborhood Advisory Group for review and comment; and WHEREAS, the Northeast Neighborhood Advisory Group met to consider this matter on July 7, 1998, at the City Hall and recommended approval of this planned unit development proposal; and WHEREAS, the Planning Commission resumed consideration of this matter on July 16, 1998, received an additional staff report and took further testimony during a continued public hearing; and WHEREAS, the Planning Commission recommended approval of Application No 98015 by adopting Planning Commission Resolution No. 983 on July 16,1998; and WHEREAS, the City Council considered Application No. 98015 at its July 27, 1998 meeting; and WHEREAS, the City Council considered the rezoning and site and building plan request in light of all testimony received, the guidelines for evaluating rezonings contained in Seátion 35-208 of the City's Zoning Ordinance, the provisions of the Planned Unit Development I 1 City Council Resolution No. 98-133 ordinance contained in Section 35-355, the City's Comprehensive Plan, and the Planning Commission's recommendation contained in Planning Commission Resolution No. 98-3. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Application No. 98015 submitted by Centres Group Brooklyn Center, LTD. be approved in light of the following considerations: 1. The rezoning and planned unit development proposal are compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. 2.The rezoning and planned unit development proposal will allow for the utilization of the land in question in a manner which is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding land. 3.The utilization of the property as proposed under the rezoning and planned unit development proposal will conform with City ordinance standards with the exception of the parking requirement for theaters which requires one parking space for every three seats within the theater complex. Variation from the Zoning Ordinance to allow a parking formula of one parking space for every four theater seats is justified on the basis of the development plan submitted and the operational differences on parking demand that a multiplex theater of this size has which allows the ability to stagger starting times within the theater complex to lessen or spread out the demand for parking over a greater period of time. The applicants have also provided a parking analysis that indicates national norms, local norms, parking generation, and local parking studies all conclude that the standard of one parking space for every four seats is a reasonable standard to apply to this proposed theater complex. 4.The rezoning and planned unit development proposal are considered compatible with the recommendations of the City's Comprehensive Plan for this area of the City. 5.The rezoning and planned unit development appear to be a good utilization of the property under consideration and the future potential uses of two adjacent properties for commercial restaurant sites is also a good long range use of the existing land and can be considered an asset to the community. PA 1.The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2.Grading, drainage and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3.A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of building permits to assure completion of all approved site improvements. 4.Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 1 5. The buildings are to be equipped with an automatic fire extinguishing system toImeet NFPA standards and shall be connected to a central monitoring .device in accordance with Chapter 5 of the City Ordinances. 6.An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7.Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8.13612 curb and gutter shall be provided around all parking and driving areas. 9.The applicant shall submit an as-built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 10.The property owner shall enter into an easement agreement for maintenance and inspection of utility and storm drainage systems, prior to the issuance of permits. 11.All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center standard specifications and details. 3 City Council Resolution No. 984331 12. Approval of this application is subject to the applicant complying with all of the • requirements and regulations of the West Mississippi Watershed Management Commission with respect to this site, The storm drainage system shall be acceptable to the Watershed Management Commission and the applicant shall comply with any conditions imposed by that body prior to the issuance of building permits for this project. 13.Ponding areas required as part of the storm drainage plan shall be protected by approved easement. The easement document shall be executed and filed with Hennepin County prior to the issuance of building permits. 14.The applicant shall enter into a development agreement with the City of Brooklyn Center to be reviewed and approved by the City Attorney prior to the issuance of building permits. Said agreement shall acknowledge a parking ratio of one parking space for every four seats in the multiplex theater and shall acknowledge all conditions of approval and assure compliance with development plans submitted by the applicant. 15.The area identified on the site plan as "pad site 2" and "pad site 3" shall be seeded in a manner to allow appropriate maintenance of this property pending future development. Future development of this area is subject to amendment to this (planned unit development. 16.The applicant has agreed and the City acknowledges that it will not allow the development of "pad site 2" and "pad site 3" as a fast food/convenience food restaurant, a gasoline service station/convenience store, car was pawn shop or check cashing operation and the development agreement will acknowledge this restriction or limitation on the future use of the property. 17.The construction and cost of all traffic control improvements related to 66th and Camden Avenues due to the project shall be the responsibility of the applicant including, but not limited to, traffic signal, median extension, traffic control structures, and any necessary right-of-way. This shall be acknowledged in the development agreement. 18.Vehicle access between the theater parcel and the proposed Lot 3, Block 1, Regal Road Development Addition and between the theater parcel and the Super America property is prohibited. The applicant shall provide a physical barrier, acceptable to the City, to prevent such cross access.El The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmodind upon vote being taken thereon, the following voted in favor thereof: Myrna Kragness, Kathleen Carmody, Debra Hilstrom, Kay Lasman, and Robert Peppe; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. I U CITY OF BROOKLYN CENTER Noticeis hereby given that a public hearing will be held on the 24th day of August, 1998, 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 amendment to Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 569-3300 to make arrangements. ORDINANCE NO. 9810 AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (REGAL THEATER) THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 35-1190. COMMERCE DISTRICT (C2). The following properties are hereby established as being within the (C2) Commerce District zoning classification: That area bounded by the following: 66th Avenue on the north; Lyndaic Avenue and F.M. No.94 on the cast and south; Camden Avenue (and Camden Avenue cxtendcd) on the west. Lot 1, Block 1, SuperAmerica Addition. Section 35-1240. PLANNED UNIT DEVELOPMENT DISTRICT (PUD). The following properties are hereby established as being within a (PUD) Planned Unit Development District zoning classification: 4. The following properties are designated as PUD/C2 (Planned Unit Development/Commerce): Lot 1, Block 1, Metro Motors Addition Lots 1. 2 and 3, Block 1, Regal Road Development Addition. Section 2. This ordinance shall become effective after adoption and upon thirty days following its legal publication and shall not be effective until the plat for the subdivision is executed by the City and recorded with Hennepin County. C ORDINANCE NO. 9840 Adopted this 14th day ofSeptember ,1998. ATTEST: City Clerk Date of Publication: September 30, 1998 Effective Date: October 30, 1998 (Strikeout indicates matter to be deleted, underline indicates new matter.) L WHEREAS. Declarant Centres is the owner of the real property described as Lot 1, WHEREAS, the Subject Properties are subject to certain zoning and land use 3152242 r .' II).RESTRICTIONS• r.. r - i:. Yk day of 1999, by retrictions imposed by the city of Brooklyn Center, Minnesota (the "City") in connection with the rezoning of the Subject Properties from the zoning classification C-2 (Commerce) to PUDIC-2 as provided in City Resolution No. 98133 adopted on July 27, 1998 to permit construction of a multiscreen movie theater with a parking ratio of one parking space for every four seats, and WHEREAS, the City has approved such rezoning on the basis of the determination of the City Council of the City that such rzoning is acceptable only by reason of the details of the development proposed and the unique land use characteristics of the proposed use of CU.460492 DR29L1E3 the Subject Properties; and that but for the details of the development proposed and the unique land use characteristics of such proposed use, the rezoning would not have been WHEREAS, as a condition of approval of the rezoning, the City has required the execution and filing of this Declaration of Covenants, Conditions and Restrictions (hereinafter the 'Declaration"); and WHMAS, to secure the benefits and advantages of such rezoning, Dedlarants desire to subject the Subject Properties to the terms hereof. shall be, held, transferred, sold, áonveyed and occupied subject to the covenants, conditions, and restrictions, hereinafter set forth. 1.The use and development of the Subject Properties shall conform to the Site/Sigriage Plan attached as Attachment One, Grading Plan attached as Attachment Two, Utility Plan attached as Attachment Three, Landscape Plan attached as Attachment Four, Lighting Plan attached as Attachment Five and Building Elevations attached as.Attacbment Six, all of which are made a part hereof. No buildings or structures other than those shown on Attachments One through Six may be erected or maintained on the Subject Properties. 2.The Subject Properties shall be limited to the following uses: a. The property legally described as Lot 1, Block 1, REGAL ROAD hereof, Hennepin County, Minnesota, shall be used only for a twenty screen movie theater of approximately 85,240 square feet with CLL-160492 PABRZ91-183 approximately 4592 seats. PI The property legally described as Lots 2 and 3,- Block. 1, REGAL WAD DEVELO^MENT AMMON sh'all be- cleared of all buildings and graded in accordance with Attachrnen^ Two; a grass *LiTUt said lots shall be put to nDother use without Ent securing ppproval there!orin accordance with paragraph 3. 3. The Subject Properties may only be developed and used in accordance with Paragraphs I and 2 of this Declaration unless the owner first secures approval by the City Council of an amendment to the planned unit development plan or a rezoning to a zoning wash, pawn shop or check cashing operation. 4.except as provided herein, use of the Subject Properties shall conform to the regulations of the City applicable to the C2 (Commerce) tMstdct. 5.The Declarants acknowledge that it is a condition of the zoning and land use approvals that all buildings on the Subject Properties which are not permitted by the approved planned unit development plan as shown on Attachments One through Six be cLL16042 , 3,BR2i-1&3 razed and removed. With respect to the building presently located at 6351 Lilac Drive North' on Lot 2, (the Lot 2 Building"), it is agreed that the building must be razed and removed by Crown Brawley on or before September 15, 1999 (the "dutside Removal Date"). For .1 1 11! 11 HER 1111 piIIIII!11:11piqq 11 11 11 IIV- ",,!7TqfftM paved surface of Lot 2 except for the area of the emergency' drive lane for access to the Melrose Gates Apartments have been demolished and removed from the Subject Properties, Lot 2 has been graded and gras seed or other suitable ground cover has been installed on Lot 2. In order to secure the obligation of Crown Brawley to raze and remove such building on or before the Outside Removal Date, Crown. Brawley herewith posts cash security with the City in the amount of $58000 (the "Cash Security") which shall be held by City without interest to Crown Brawley to secure performance of Crown Brawley's obligations under this paragraph and to pay all liquidated damages and costs of the city in connection therewith. Crown Brawley grants to Centres and to the City, their agents, contractors and subcontractors, an irrevocable license and right to go onto Lot 2 at any time following the Outside Removal Date without further notice to Crown Brawley, for the purpose of razing and removing the Lot 2 Building should Crown Brawley have failed to do so by the Outside Removal Date, provided that the City and/or Centres shall proceed with due diligence to perform said work. Crown Brawley specifically agrees that Centres and/or its subcontractors may act as the agents, contractors or subcontractors of the City for the purpose of razing and removing the Lot 2 Building should the City elect to angag6 Centres for such purpose or Centres may act independently to raze and remove the Lot 2 Building. Centres specifically CU.,160492 ' 4 agrees with the City that it will cause the rriJng and removal of the Lot 2 Building to be accomplished at a cost of $45000 should the City request that it do so or if the City receives notice from Centres aftei the Outside Removal Date and fails to notify Cen"s within te7w (10) days thereafter that the City will independently cause the Lot 2 Building to be razed and removed. Further, in ft event the City is required to e&ct the removal of the Lot 2 Building as a result of Crown Brawley's failure to do so on or before the Outside Removal Date or if Centres effects the removal as afo rs aid, then the Cash Security shall inure to the benefit of the City to defray all costs related in any way to the removal of the Lot 2 Building and all costs associated with enforcement of this agreement and if Centres has effected the removal the City shall pay Centres $45,000. In addition the Cash Security shall be used to force or effect following the razing and removal of the Lot 2 Building: Centres agrees that no certificate of occupancy will be issued for buildings on Lot 1 until the buildings on the Subject Property are razed and removed, except that the removal of the Lot 2 Building will not be a condition if the City has advised Centres not to remove same and has failed to timely remove same independent of Centres. 6. A physical barrier, the design of which shall first be approved by the City CEL- 6o42 5Bt291183 Engineer, to Lotall ROADIDEVELOPMENTJi I) I) and tfrom1 !TI east of Lot 3, being the property occupied by a SuperAmerica store. 7. Access shall be preserved and mainWned over Lot 2, BIodk 1, REGAL A OA'Q DEVELOPMENT ADDMON between Camden Avenue North and TVI 4L The obUgations and restrictions of this Declaration run with the land of the Subject Properties and shall be enforceable against the Declarants, their successors and assigns, by the City acting through its City Council. This Declaration may be amended from time to time by a written amendment executed by the City and the owner or owners of the lot or lots to be affected by said amendment. IN WITNESS WHEREOF, the, undersigned as duly authorized agents, officers or representatives of Declarants have hereunto set their hands and seals as of the day and year first above written. (SEAL) CLL6O4P2 6BR29JI83 Public QNLtA GAFFNEYCONOW MEN OOUOUG MAR. 10 2003 CROWN BRAWLEY LI.L.C., a Minnesota limited liability company (SEAL) WI COUNTY OF HENNEPIN ) cu$6o4z BR2.91-183 WHEREAS, City Council Resolution No. 98-133 adopted on July 27, 1998 approved a rezoning from C-2 (Commerce) to PUD/C-2 of a 16.76 acre site bounded on the north by 66th Avenue and the SuperAmerica property; on the east by T. H. 252; on the south by Interstate 694; and on the west by Camden Avenue North; and WHEREAS, said Planned Unit Development (PUD) included approval for developing an 85,240 sq. ft., 4,592 seat, 20 screen theatre on a proposed 13.09 acre site and the creation of two other sites, referred to as "pad site 2" and "pad site 3" for future commercial development; and WHEREAS, Condition No. 15 of City Council Resolution No. 98-133 requires the future development of pad site 2 and pad site 3 to be subject to an amendment to the Planned Unit Development and Condition No. 16 of said resolution prohibits the development of pad site 2 and pad site 3 as a fast food/convenience food restaurant, a gasoline service station/convenience store, car wash, pawn shop or check cashing operation; and WHEREAS, Planning Commission Application No. 2006-001 consisting of a PUD amendment to allow construction of a 10,000 sq. ft. multi tenant retail building at the southeast corner of 66th and Camden Avenues North (pad site 2) has been submitted by S P Brooklyn Center, LLC; and WHEREAS, the Planning Commission held a duly called public hearing on February 16, 2006, when a staff report and public testimony regarding the Planned Unit Development were received; WHEREAS, the Planning Commission recommended approval of Planning Commission Application No. 2006-001 by adopting Planning Commission Resolution No. 2006- 01 on February 16, 2006; and WHEREAS, the City Council considered Planning Commission Application No. 2006-01 at their February 27, 2006 meeting; and I RESOLUTION NO. 200625 WHEREAS, the City Council has considered this Planned Unit Development Amendment request in light of all testimony received, the guidelines for evaluating rezonings contained in Section 35-208 of the City's Zoning Ordinance, the provisions of the Planned Unit Development Ordinance in Section 35-355 of the City's Zoning Ordinance, the City's Comprehensive Plan, City Council Resolution No. 98-133 and the Planning Commission's recommendation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Application No. 2006-001 submitted by S P Brooklyn Center, LLC be approved based upon the following considerations: 1.The Planned Unit Development Amendment is compatible • with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. 2. The Planned Unit Development Amendment will allow for the utilization of the land in question in a manner which is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding land, 3.The utilization of the property as proposed under the Planned Unit Development is considered a reasonable use of the property and will conform with City Ordinance standards for the C-2 underlying zoning district. 4.The Planned Unit development proposal is considered compatible with the recommendations of the City's Comprehensive Plan for this area of the City. 5.The Planned Unit Development appears to be a good long range use of the existing land and can be considered an asset to the community. 6.In light of the above considerations, it is believed that the guidelines for evaluating rezonings as contained in Section 35-208 of the City's Zoning Ordinance are met and that the proposal is, therefore, in the best interest of the community. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that Application No. 2006-001 be approved subject to the following conditions and considerations: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. RESOLUTION NO, 20O625 U 2.Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance or permits. 3.A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure completion of all required site improvements. 4.B-612 curb and gutter shall be provided around all parking and driving areas. 5.Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 6.The building shall be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 7.Underground irrigation shall be installed in all landscaped areas to facilitate site maintenance. 8.Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 9.An as built survey of the property, improvements and utility service lines shall be submitted to the City Engineer prior to the release of the performance guarantee. 10.The landscape plan shall be modified prior to the issuance of building permits for this project to comply with the landscape point system used for evaluating landscape plans. The landscape plan shall provide a minimum of 102 landscape points. 11.All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center Standard Specifications and Details. 12.The applicant shall obtain an NPDES permit from the Minnesota Pollution Control Agency and provide adequate erosion control as approved by the City Engineering Department and prior to disturbing the site.H RESOLUTION NO. 2006-25 13.The applicant shall enter into a PUD agreement with the City of Brooklyn Center to be reviewed and approved by the City Attorney prior to the issuance of building permits. Said agreements shall acknowledge the Planned Unit Development Amendment and be filed with the title to the property prior to the issuance of building permits for this development. This agreement shall further assure compliance with the development plans submitted with this application. 14.No part of the property being considered for development under this proposal shall at any time be used as a fast food/convenience food restaurant, a gasoline service station/convenience store, car wash, pawn shop or check cashing operation and the development agreement will acknowledge this restriction or limitation on the future use of the property. 15. The applicant shall provide an appropriate directional sign, or signs, to prohibit south bound traffic between the building and the easterly angled parking area. The motion for the adoption of the foregoing resolution was duly seconded by memberKathleen Carmody and upon vote being taken thereon, the following voted in favor thereof: lvjrnaKragness, Kathleen Carmody, Kay Lasman, Diane Niesen, and Mary O'Connor; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted. IT H,CHWAY NO.252 HIGHWAY NO. 252 • MSnIn fl • n* fltan • Wtl 0K 14t .flUntTttaW ria J JJ J Cantres Group Brooklyn Centor, LTD] 'FT - t1 z -1 I.' 1• / tIZ IUDtI]II•JIIII DATE: June 8, 2017 TO: Angel Smith, Intern Planning and Zoning Specialist FROM: Andrew Hogg, Assistant City Engineer SUBJECT: Preliminary Site Plan, PUD Amendment and Preliminary Plat Review Top Golf Public Works staff reviewed the following documents submitted for review for the proposed Top Golf: Preliminary Plans dated May 15, 2017 Subject to final staff Site Plan approval, the referenced plans must be revised in accordance with the following comments/revisions and approved prior to issuance of Land Alteration permit. Title Sheet 1.No comments. CI-I - Existing Conditions Plan 2.Missing. Cl-2 -Removals Plan 3.Remove existing utilities vs. abandoning utilities. 4.Work to remove and relocate private utilities under the golf outfields within the easement. C2-1 - Site Plan 5.Show proper dimensioning of drive aisles, parking stalls, curve radii and other typical site plan dimensioning. 6.The Camden Avenue cul-de-sac shall be constructed to City of Brooklyn Center (City) standards. Roadway plans shall include alignment, typical section and profile. 7.Show heavy duty pavement areas vs. light duty pavement areas. 8.Call out for City driveway aprons. C3 - Grading Plan 9.No comments. C3-3. 3-4, 3-5 - Storm Water Pollution Prevention Plan 10.No comments. C4-1 - Utility Plan 11.Plans shall have detailed utility plans. 12.Exhibits showing details of poles near City utilities. C6.1 - Preliminary Plat 13. Need working copy of the preliminary plat to show all vacated easements, proposed easements, existing and proposed utilities and provide all easement documents for the City for review. Top Golf Site Plan Review Memo, June 8, 2017 14.Legal descriptions and easement vacation documents must be obtained for all existing easements. Existing public easements as determined by the City must be vacated, and proposed easements must be dedicated as part of the preliminary and final platting process. The formal vacation document must contain an easement vacation description and depiction exhibit signed by a professional surveyor. 15.An updated certified abstract of title or registered property report must be provided to the City Engineer and City Attorney for review at the time of the preliminary plat application (within 30 days of preliminary plat application). Additionally, this will need to stay current and be updated through the approval process as required to maintain and be current within 30 days of the release of final plat. 16.A 1 0-ft drainage and utility easement must be dedicated on the plat around the entire perimeter of the site. 17.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. 18.Private site appurtenances (e.g. light poles, signs, etc.) must not encroach on public easement areas. For appurtenances that provide adequate setback and will not have any direct impact on the public elements, within the easement area as allowed and approved by the City, will require an Encroachment Agreement. Encroachment Agreement shall have very specific details and plans pertaining to the encroachment. C8-1. 8-2. 8-3 - Detail Sheets 19.All work performed and materials used for construction of utilities must conform to the City standard specifications and details. The City's standard details must be included in the plan. 20.Update to use current City plates. C84 - Ton Golf Details 21.No comments. Miscellaneous 22.See redlines for additional Site Plan comments. 23.Provide irrigation plan. 24.Provide detailed plans/cross sections showing net poles in relation to public utilities in the easement located in playing outfield along with private utilities in the easement. 25.Provide detailed vehicle turning and tracking movement diagrams for delivery vehicles and garbage trucks demonstrating specific and actual routes. 26. Applicant should address the recommendations of the traffic study, conducted by Spack Consulting dated May 8, 2017. Top Golf Site Plan Review Memo, June 8, 2017 27, 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. 28.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 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). 29.The total disturbed area exceeds one acre, an NPDES permit is required. In addition, the total disturbed area is more than five acres; applicant must submit plans to the Shingle Creek Watershed Commission for project review. Applicant must meet requirements from the watershed's review. 30.The City has submitted the plans to Minnesota Department of Transportation (Mn/DOT) for review. Applicant must meet requirements from the Mn/DOT review. 31.Applicant must apply for a Land Disturbance permit. 32.A Cross Access Agreement is required with the City. 33.Utility Facilities Easement Agreement is required. Prior to Issuance of a Land Alteration 34. Public improvements are required as part of the approval of this project. The development agreement must include provisions by the applicant to develop, design and construct all public roadway, streetscape and utility improvements on site and as required, all subject to the requirements and approval of the City. The following must also be submitted for City staff review and approval: Qualifications of the design engineer must be presented to and approved by the City Engineer. Final plans must be approved by the City Engineer and other jurisdictional authorities as required. A signed agreement with the City to guarantee that the developer will complete all public improvements to meet all City requirements. o A letter of credit or cash escrow in the amount of 125 percent of a bid cost or 150 percent of an estimated cost of the improvements. • Inspection of the public improvements must be performed by a certified inspector. • The City will only reduce or release the letter of credit or cash escrow for the public improvements upon receipt of as-built drawings and a letter certifying that the streets and utilities have been completed according to the plans approved by the City. Top Golf Site Plan Review Memo, June 8, 2017 o Upon project completion, the design/project engineer must provide a final topography as- built survey, as-built record drawings of all public improvements and formally certify through a letter that the project was built in conformance with the approved plans. Inspection of the public improvements must be performed by a certified inspector or under the design/project engineer's immediate and direct supervision. The engineer must be certified in the State of Minnesota and must certify all required as-built drawings as determined by the City Engineer. 35.Final construction/demolition plans and specifications need to be received and approved by the City Engineer in form and format as determined by the City. The final plan must comply with the approved preliminary .plan and/or as amended, as required by the City Engineer. 36.A letter of credit or a cash escrow in the amount of 100 percent of the estimated cost as determined by City staff shall be deposited with the City. 37.During construction of the site improvements and until the permanent turf and plantings are established, the developer will be required to reimburse the City for the administration and engineering inspection efforts. Please submit a deposit of $2,500 that the City can draw upon on a monthly basis. 38.A Construction Management Plan and Agreement is required that addresses general construction activities and management provisions, traffic control provisions, emergency management provisions, storm water pollution prevention plan provisions, tree protection provisions, general public welfare and safety provisions, definition of responsibility provisions, temporary parking provisions, overall site condition provisions and non-compliance provisions. A separate $5,000 deposit will be required as part of the non-compliance provision. Anticipated Permi tting 39.A City Land Disturbance permit is required. 40.Watershed plan review is required. 41.A MPCA NPDES permit is required. 42.Other permits not listed may be required and is the responsibility of the developer to obtain and warrant. 43.Copies of all required permits must be provided to the City prior to issuance of applicable building and land disturbance permits. 44.A preconstruction conference must be scheduled and held with City staff and other entities designated by the City. The aforementioned comments are provided based on the information submitted by the applicant at the time of this review. Other guarantees and site development conditions may be further prescribed throughout the project as warranted and determined by the City. DATE: June 8, 2017 TO: Angel Smith, Intern Planning and Zoning Specialist FROM: Andrew Hogg, Assistant City Engineer SUBJECT: Preliminary Site Plan, PUD Amendment and Preliminary Plat Review - Top Golf Public Works staff reviewed the following documents submitted for review for the proposed Top Golf: Preliminary Plans dated May 15, 2017 Subject to final staff Site Plan approval, the referenced plans must be revised in accordance with the following comments/revisions and approved prior to issuance of Land Alteration permit. Title Sheet 1.No comments. CI-1 - Existing Conditions Plan 2.Missing. C1-2 -Removals Plan 3.Remove existing utilities vs. abandoning utilities. 4.Work to remove and relocate private utilities under the golf outfields within the easement. C2-1 - Site Plan 5.Show proper dimensioning of drive aisles, parking stalls, curve radii and other typical site plan dimensioning. 6.The Camden Avenue cul-de-sac shall be constructed to City of Brooklyn Center (City) standards. Roadway plans shall include alignment, typical section and profile. 7.Show heavy duty pavement areas vs. light duty pavement areas. 8.Call out for City driveway aprons. C3 - Grading Plan 9.No comments. C3-3. 3-4. 3-5 - Storm Water Pollution Prevention Plan 10.No comments. C4.1 - Utility Plan 11.Plans shall have detailed utility plans. 12.Exhibits showing details of poles near City utilities. C6.1 - Preliminary Plat 13. Need working copy of the preliminary plat to show all vacated easements, proposed easements, existing and proposed utilities and provide all easement documents for the City for review. Top Golf Site Plan Review Memo, June 8, 2017 14.Legal descriptions and easement vacation documents must be obtained for all existing easements. Existing public easements as determined by the City must be vacated, and proposed easements must be dedicated as part of the preliminary and final platting process. The formal vacation document must contain an easement vacation description and depiction exhibit signed by a professional surveyor. 15.An updated certified abstract of title or registered property report must be provided to the City Engineer and City Attorney for review at the time of the preliminary plat application (within 30 days of preliminary plat application). Additionally, this will need to stay current and be updated through the approval process as required to maintain and be current within 30 days of the release of final plat. 16.A I 0ft drainage and utility easement must be dedicated on the plat around the entire perimeter of the site. 17.The applicant is responsible for coordinating site development plans with Xce! 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. 18.Private site appurtenances (e.g. light poles, signs, etc.) must not encroach on public easement areas. For appurtenances that provide adequate setback and will not have any direct impact on the public elements, within the easement area as allowed and approved by the City, will require an Encroachment Agreement. Encroachment Agreement shall have very specific details and plans pertaining to the encroachment. C8-1. 8-2. 8-3 - Detail Sheets 19.All work performed and materials used for construction of utilities must conform to the City standard specifications and details. The City's standard details must be included in the plan. 20.Update to use current City plates. C84 - Ton Golf Details 21.No comments. Miscellaneous 22.See redlines for additional Site Plan comments. 23.Provide irrigation plan. 24.Provide detailed plans/cross sections showing net poles in relation to public utilities in the easement located in playing outfield along with private utilities in the easement. 25.Provide detailed vehicle turning and tracking movement diagrams for delivery vehicles and garbage trucks demonstrating specific and actual routes. 26. Applicant should address the recommendations of the traffic study, conducted by Spack Consulting dated May 8, 2017. Top Golf Site Plan Review Memo, June 8, 2017 27.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. 28.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 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). 29.The total disturbed area exceeds one acre, an NPDES permit is required. In addition, the total disturbed area is more than five acres; applicant must submit plans to the Shingle Creek Watershed Commission for project review. Applicant must meet requirements from the watershed's review. 30.The City has submitted the plans to Minnesota Department of Transportation (Mn/DOT) for review. Applicant must meet requirements from the Mn/DOT review. 31.Applicant must apply for a Land Disturbance permit. 32.A Cross Access Agreement is required with the City. 33.Utility Facilities Easement Agreement is required. Prior to Issuance of a Land Alteration 34.Public improvements are required as part of the approval of this project. The development agreement must include provisions by the applicant to develop, design and construct all public roadway, streetscape and utility improvements on site and as required, all subject to the requirements and approval of the City. The following must also be submitted for City staff review and approval: o Qualifications of the design engineer must be presented to and approved by the City Engineer. Final plans must be approved by the City Engineer and other jurisdictional authorities as required. o A signed agreement with the City to guarantee that the developer will complete all public improvements to meet all City requirements. o A letter of credit or cash escrow in the amount of 125 percent of a bid cost or 150 percent of an estimated cost of the improvements. o Inspection of the public improvements must be performed by a certified inspector. o The City will only reduce or release the letter of credit or cash escrow for the public improvements upon receipt of as-built drawings and a letter certifying that the streets and utilities have been completed according to the plans approved by the City. Top Golf Site Plan Review Memo, June 8, 2017 o Upon project completion, the design/project engineer must provide a final topography as- built survey, as-built record drawings of all public improvements and formally certify through a letter that the project was built in conformance with the approved plans. Inspection of the public improvements must be performed by a certified inspector or under the design/project engineer's immediate and direct supervision. The engineer must be certified in the State of Minnesota and must certify all required as-built drawings as determined by the City Engineer. 35.Final construction/demolition plans and specifications need to be received and approved by the City Engineer in form and format as determined by the City. The final plan must comply with the approved preliminary plan and/or as amended, as required by the City Engineer. 36.A letter of credit or a cash escrow in the amount of 100 percent of the estimated cost as determined by City staff shall be deposited with the City. 37.During construction of the site improvements and until the permanent turf and plantings are established, the developer will be required to reimburse the City for the administration and engineering inspection efforts. Please submit a deposit of $2,500 that the City can draw upon on a monthly basis. 38.A Construction Management Plan and Agreement is required that addresses general construction activities and management provisions, traffic control provisions, emergency management provisions, storm water pollution prevention plan provisions, tree protection provisions, general public welfare and safety provisions, definition of responsibility provisions, temporary parking provisions, overall site condition provisions and non-compliance provisions. A separate $5,000 deposit will be required as part of the non-compliance provision. Anticinated Permitting 39.A City Land Disturbance permit is required. 40.Watershed plan review is required. 41.A MPCA NPDES permit is required. 42.Other permits not listed may be required and is the responsibility of the developer to obtain and warrant. 43.Copies of all required permits must be provided to the City prior to issuance of applicable building and land disturbance permits. 44.A preconstruction conference must be scheduled and held with City staff and other entities designated by the City. The aforementioned comments are provided based on the information submitted by the applicant at the time of this review. Other guarantees and site development conditions may be further prescribed throughout the project as warranted and determined by the City. - 8 L) o 5O" 05 o zu- 3.C,(3 RH mi b;flH i' I1;!H1Jfr ! rn C N. : )El CO, ot 02 I I a- 4_J fl_ L1 U Ill' 93" Ig E 6Luo lH11 - —.;-'-- ,.—. 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E-- I -' L{ I \ \----; 11f J fftHIL - UJLLi L±LLL I I__1 4 3 I -Is3 88 8 6 91 9 9 ii 8 /2 0 2 - 82 -4 - - T I \ I' I -'4 I-I r'i I -Li Ji .*'-- -- I I Eii 0• 2ii"J V I L /I 8121 I I I I I - / ----- I-z k I 8 2 198 8 2 I II i_i_Ill I q z 6 92 C 44 I 52 SI An e Smith From:Andrew Hogg Sent:Friday, June 9, 2017 3:12 PM To:'Clark Lohr' Cc:Gary Eitel; Angel Smith Subject:FW: P17-033 Top Golf Attachments:P17-033 Top Golf.pdf See attached MN Dot review From: Scheffing, Karen (DOT) [mailto: karen .scheffing©statemn. us] Sent: Friday, June 9, 2017 2:58 PM To: Andrew Hogg Cc: Sherman, Tod (DOT); Muhic, P Cameron (DOT); Kelly, Brian (DOT); Craig, E (DOT); Lackey, Clare (DOT); Erickson, Chad (DOT); Jacobson, Nancy (DOT); Hoberg, Christian (DOT); Nelson, Douglas (DOT); Yankee, Jim (DOT) Subject: RE: P17-033 Top Golf Andrew Attached is MnDOT's review letter for the proposed Top Golf Development. Please contact me if you have any questions Thanks Karen RESOLUTION NO. 200625 WHEREAS, the City Council has considered this Planned Unit Development Amendment request in light of all testimony received, the guidelines for evaluating rezonings contained in Section 35-208 of the City's Zoning Ordinance, the provisions of the Planned Unit Development Ordinance in Section 35-355 of the City's Zoning Ordinance, the City's Comprehensive Plan, City Council Resolution No. 98-133 and the Planning Commission's recommendation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Application No, 2006-001 submitted by S P Brooklyn Center, LLC be approved based upon the following considerations: 1.The Planned Unit Development Amendment is compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. 2.The Planned Unit Development Amendment will allow for the utilization of the land in question in a manner which is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding land. 3.The utilization of the property as proposed under the Planned Unit Development is considered a reasonable use of the property and will conform with City Ordinance standards for the C-2 underlying zoning district. 4.The Planned Unit development proposal is considered compatible with the recommendations of the City's Comprehensive Plan for this area of the City. 5.The Planned Unit Development appears to be a good long range use of the existing land and can be considered an asset to the community. 6.In light of the above considerations, it is believed that the guidelines for evaluating rezonings as contained in Section 35-208 of the City's Zoning Ordinance are met and that the proposal is, therefore, in the best interest of the community. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that Application No. 2006-001 be approved subject to the following conditions and considerations: LI LI 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 3.A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure completion of all required site improvements. 4.B612 curb and gutter shall be provided around all parking and driving areas. 5.Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 6.The building shall be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 7.Underground irrigation shall be installed in all landscaped areas to facilitate site maintenance. 8.Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 9.An as built survey of the property, improvements and utility service lines shall be submitted to the City Engineer prior to the release of the performance guarantee. 10.The landscape plan shall be modified prior to the issuance of building permits for this project to comply with the landscape point system used for evaluating landscape plans. The landscape plan shall provide a minimum of 102 landscape points. 11.All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center Standard Specifications and Details. 12.The applicant shall obtain an NPDES permit from the Minnesota Pollution Control Agency and provide adequate erosion control as approved by the City Engineering Department and prior to disturbing the site.IT RESOLUTION NO. 200625 13.The applicant shall enter into a PUD agreement with the City of Brooklyn Center to be reviewed and approved by the City Attorney prior to the issuance of building permits. Said agreements shall acknowledge the Planned Unit Development Amendment and be filed with the title to the property prior to the issuance of building permits for this development. This agreement shall further assure compliance with the development plans submitted with this application. 14.No part of the property being considered for development under this proposal shall at any time be used as a fast food/convenience food restaurant, a gasoline service station/convenience store, car wash, pawn shop or check cashing operation and the development agreement will acknowledge this restriction or limitation on the future use of the property. The motion for the adoption of the foregoing resolution was duly seconded by memberKathleen Carmody and upon vote being taken thereon, the following voted in favor thereof: l'rna Kragness, Kathleen Carmody, Kay Lasman, Diane Niesen, and Mary O'Connor; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted. S Metropolitan District 1500 County Road B2 West Roseville, MN 55113 June 8, 2017 Andrew Hogg Assistant City Engineer City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 SUBJECT: Top Golf MuDOT Review P17-033 NW Quad 1-941694 and IviN 252 Brooklyn Center, Hennepin County Control Section 2748 Dear Mr. Hogg, The Minnesota Department of Transportation MnDOT has reviewed the above referenced plat in compliance with Minnesota Statute 505.03, subdivision 2, Plats, Before any further development, please address the following issues: Rig/it of way (R7W) Show the access control on the east property line as shown on the attached map. For quetions regarding this comment please contact Doug Nelson at 651-234-7583 or dou glas.nelson(iistate ,mn.us. Design: The cul-de-sac appears to be partly on 1-694 right of way. Revise the plans to show the cul-de-sac off of 1-694 right of way. For questions on design comments, please contact Nancy Jacobson (Nancy.LJacobson@state.mn.us or 651-234- 7647) in MnDOT's Design section. Water Resources: The site is proposed to drain to an existing pond adjacent to the west right of way line of MN 252. An accurate high water level (HWL) and freeboard above HWL to the low elevation of overflow to MN 252 is important and needs to be provided. The HydroCAD modeling provided needs to be revised to show the submerged outlet as a vertical orifice together with the overflow grate as a horizontal orifice both as primary flow connected to the 18" outlet pipe rather than routing overflow grate flow as secondary flow to accurately determine HWL. If there is less than 1' of freeboard above 100-yr HWL, then re-grading of the pond and/or a revised outlet may be appropriate. The current model shows 100-yr HWL as 832.24' in contrast with the MM 252 CB rim elevation of 832.10'. Ownership and maintenance responsibility for this existing pond should be clarified. For questions on these comments, please contact Bruce Irish (bruceirish((-]i state.mn.us or 651-234-7534) in MiiDOT' s Water Resources section. Penn/Es: Any use of or work within or affecting MuDOT right of way requires a permit. Permit forms are available from MnDOT's utility website at pwvw.dot,state.mn.us (utiflty. An equal opportunity employer Please include one plan set formatted to 11 x 17 size with each permit application. Please direct any questions regarding permit requirements to Buck Craig (651-234-7911 or of MnDOT's Metro Permits Section. Review Submittal Options: MriDOT' s goal is to complete the review of plans within 30 days. Submittals sent in electronically can usually be turned around faster. There are four submittal options. Please submit either: 1. One (1) electronic pdf. version of the plans. MiiDOT can accept the plans via e-mail at nietrodevreviews,dotstate,'iji Lis provided that each separate e-mail is under 20 megabytes. 2 Three (3) sets of full size plans. Although submitting seven sets of full size plans will expedite the review process. Plans can be sent to: MriDOT - Metro District Planning Section Development Reviews Coordinator 1500 West County Road B-2 Roseville, MN 55113 3.One (I) compact disc. 4.Plans can also be submitted to MnDOT's External FTP Site. Please send files to: Internet Explorer doesn't work using ftp so please use an FTP Client or your Windows Explorer (My Computer). Also, please send a note to nitcodlevreviews.dot@staie.flifl 11$ indicating that the plans have been submitted on the FTP site. If you have any questions concerning this review please contact me at (651) 234-7784. Sincerely,"& W, Karen Scheffing Principal Planner Copy sent via E-Mail: Aaron Tag, Area Engineer Bruce h'ish, Water Resources Nick Olson, Water Resources Nancy Jacobson, Design Buck Craig, Permits Doug Nelson, Right-of-Way Chad Erickson, Traffic Engineering Mark Larson, Hennepin County Surveys Russ Owen, Metropolitan Council 31 F F 1 !Him N 11 yal jig our,3 P53 3- F F PP 3F 33 3 b 33 53 3 23 I-- F ' r I c-' -3 '•1 H4 I I ''ji \ iijP55 Pi53 '1 Jill I i I Iiii Si F F 5 2 nil 1ifi (5 035IC.)35 FlL MUMMURR q3-5 P111llIqR S( J'IIIntqmu4[F 5 1P1Lh P CS p1) -1 13 - C) 5- .; _ljPP__ I1fl II,) J1 i iii k irnt*rT ;trT1 Purpose of the MuDOT Drainage Permit MnDOT Metro District regulates activities that impact its drainage systems and its MS4 regulated area. The purpose of the Drainage Permit is to protect State of Minnesota investment in infrastructure including but not limited to roadways, storm water treatment basins, ditches and storm sewer systems. Excess storm water and/or sediment laden storm water added to MnDOT's drainage systems leads to degradation of these assets. Negative impacts include but are not limited to: sediment deposition, loss of flood storage capacity and also loss of hydraulic conveyance capacity. These impacts may cause premature flooding of the road surface and/or erosion damage on State right-of-way. Technical Requirements of the MuDOT Drainage Permit The permit applicant shall demonstrate that offsite runoff coming to MnDOT drainage system and/or right-of-way will not increase as a result of the proposed project. This is quantified as a "no increase in discharge" criteria for the 2-year, 10-year and 100-year storm events, Compliance is demonstrated by applying hydraulic/hydrologic software models. HydroCAD and XPSWMM are the approved models to compare the pre and post project discharge values. Typically, HydroCAD is sufficient to model most proposed projects. However, )SWMM may be required if the project contains extensive storm water pipe systems connected to MuDOT storm sewer or if HydroCAD cannot in MuD OT's judgment effectively model pressure flow, complex junctions and/or backwater effects that are present. The 2-year, 10-year and 100-year storm events shall be based upon Atlas 14 runoff amounts per the NOAA website, In addition, Drainage Permit Applicants shall meet all applicable water quality treatment requirements established by the local Watershed District(s) and the MCA. Permit applicants should anticipate that specific projects that seek to divert runoff to another sub-watershed or watershed will be denied. It is MoDOT practice to avoid such watershed diversions whenever practicable. Submittal-Requirements. Readable/legible watershed maps that show pre and post project drainage conditions. These two separate contour maps shall be large enough in scale so that approximate flow paths can be determined for verifying the Time of Concentrations used in the models. The drainage/watershed maps shall include enough detail so that Curve Numbers used in the hydraulic models may be verified by MnDOT. April 2014 Surface water flow direction and storm water pipe water flow direction shall be indicated on the pre and post project watershed maps. Minimum recommended watershed map scale is 1" =100'. Project applications submitted with smaller scales (e.g., 1 "=500') may be rejected and returned to the applicant. The same would apply for project watershed maps that do not include topographic contours or basic land use information such as the location of buildings, pavement and "green space". Watershed maps submitted as pdf files or CAD files shall be readily printable at scales that allow for good readability. Pre and post project watershed maps shall be clearly linked to the drainage models such that the names of the sub-watersheds, ponds and drainage structures are the same in the models as shown on the watershed maps. In addition, watershed and sub-watershed boundaries shall be clearly shown. • Submission of the actual pre and post project HydroCAD or XPSWV4 models is required: pdf copies of the drainage model simulations are unacceptable. In the event that the models cannot be transferred readily by electronic mail or electronic repository site, a hardcopy CD shall be provided. • Curve numbers shall be determined per NRCS methodology and should be modified as needed based upon detailed knowledge of soil type and specific conditions on site. FlyclioCAD modeling software includes NRCS guidance for determining curve numbers based upon land use and condition. • Time of concentration (Tc) computations and assumptions that in MnDOT's assessment clearly overestimate or underestimate this critical runoff parameter will be rejected. Two common assumptions that lead to overestimating To include: using the "Lag/EN" method to determine peak runoff from watersheds that have a relatively long and/or diverse flow path, and assuming that sheet flow occurs for a distance exceedingi 00 feet. Conversely, pre-project To shall not be underestimated to offset post project increases in peak discharge. • Available freeboard for existing and proposed treatment ponds shall be shown on the watershed maps as well as the normal and 100-year high water levels. All proposed pond treatment systems along MnDOT right-of-way shall have a minimum freeboard of 2.0 feet between the road surface and the proposed 100-year HWL. • Infiltration basins, filtration basins and ponds adjacent to MnDOT right-of-way shall be designed to provide at least 2 feet of elevation difference between the 100-year BWL and the crest of the basin berm. The berm crest shall be at least 5 feet wide. The emergency overflow shall be lined fl'om crest to toe of slope with Turf Reinforcement mat or Category 6 or 7 Erosion Control Blanket. April 2014 o Best management practices (BIVIIP's) including infiltration/filtration sites, storm water ponds, etc. shall be clearly labeled on the pre and post project watershed maps. Plan sheets submitted as watershed maps shall be evaluated as such. They shall be readable and legible and meet all the same requirements including clear delineation of watershed boundaries, readable map scale, and land use shown by an aerial photo background map, or that is clearly depicted based on details on the plan sheet or sheets submitted. Project plan sheets relevant to the Drainage Permit are required and include: existing site conditions, the proposed grading plan as well as proposed site drainage system plans and profiles. The plans shall include applicable wetland impact/mitigation features and temporary sediment and erosion control measures for the project. In addition, erosion control blanket will be used to stabilize disturbed area on MnDOT right-of-way unless other methods such as rip-rap treatment are called for in the plans and approved by MnDOT. Pond and basin special structures including weirs and orifices shall be consistent with what is used in the HydroCAlD or XPSWIVIM models submitted and include relevant calculations/details. o A table summary of existing versus proposed site discharge to MnDOT drainage system/right-of-way is required for the 2-year, 10-year and 100-year Atlas 14 rainfall events. o Post project storm water discharge to MnDOT ditches or other open channel shall be limited to flow velocities of 6 fps or less for a 50-year Atlas 14 rainfall event. o Project discharge points that will connect to MnDOT ditch or channel shall be located such that they do not cause erosion or conflict with the grade of the existing ditch or channel. o Proposed access road culverts on MnDOT right-of-way shall be designed for the 10-year Atlas 14 rainfall event unless they are part of a significant drainage ditch along the roadway in which case a 100-year or 50-year design will apply. o Direct connections to MnDOT storm system shall be avoided. Connection to open ditch, or channel is preferred. If direct storm sewer connections cannot be avoided, it is the applicant's responsibility to provide a good connection typically via a new structure. Furthermore, MnDOT offers no warranty that there will not be a hydraulic backwater effects on the new storm line upstream that is connected to MnDOT's existing storm sewer. April 2014 o For all disturbed areas that sheet flow to MnDOT right-of-way and any disturbed areas within MnDOT right-of-way, either Erosion Control Mat or Bonded Fiber Matrix shall be used for temporary/permanent-erosion control. o Silt fence shall not be used for erosion control at the proposed project site perimeter. Rather, continuous Wood Chip or compost Sediment Control Logs shall be implemented. Permit applicants are encouraged to contact MnDOT Metro Water Resource Engineering with questions/concerns. Questions posed early in the pert -nit application process help to avoid project delays. This is particularly true for large project Drainage Permits with significant complexity. April 2014 C 9PS3 ' CONSULTING ENGINEERING TRAFFIC FORWARD IV1!*e]']I1 Traffic Study Topgolf in Brooklyn Center CONSULTING ( IkAroodvctAarb e. Proposed Development Topgolf is proposing to build a facility at the site of an existing movie theater on the northwest corner of the Interstate (I) 94/1-694/Trunk Highway (TH) 252 interchange in Brooklyn Center, Minnesota. The development site covers 13.75 acres, which would be divided amongst a 65,000 square foot building, the driving range outfield area, and a parking lot accommodating 481 parking spaces. A preliminary concept plan is attached. b. Purpose of Study Per discussions with the City, the purpose of this study is to review the anticipated traffic and parking of the proposed development. To accomplish this goal, this study examines four primary objectives: I. Compare the existing site trip generation with the proposed site tripgenerations. ii.Review Brooklyn Center City codes for parking requirements and compare those against expected parking needs. iii.Provide a review of the site plan including multi-modal facilities. iv. Develop and implement strategy measures to encourage non-single occupancy vehicle modes of transportation 2. F©ctec ifflc P'. Trip Generetion The amount of traffic forecast to be generated by the proposed development was compared to the traffic currently able to be generated by the site with the existing movie theater. For the proposed Topgo!f development, traffic forecasts are based on data collected at a similar Topgolf site in Scottsdale, Arizona as part of a traffic study for a Topgolf site in Roseville, California. The weekday Friday and weekend Saturday peak hour trips for Topgolf are shown in Table 1. The Roseville, California study that provided this data is attached. Table I Topgolf Forecast Up Generation FfiiIäy !iay. . '—'i-1iday SäturUyD, ta Source . Daily AM Peak Hour PM Peak Hour PM Peak Hour In..1. O ! .Q. ..iJp Traffic Study Top golf in Brooklyn Center 1 CONSULTINC The institute of Transportation Engineers (ITE) provides the Trip Generation Manual,9 th Edition, the standard document for determining expected traffic for proposed land uses. Using this ITE information, trip generation estimates for the existing movie theater on site can be made. The resultant trips generated by the existing movie theater are shown in Table 2. It should be noted that there is no trip generation data for the am. peak period for a movie theater, which is reasonable since movies generally do not start until around noon at this location. Also, the daily trips are based on data for a Friday while the p.m. peak hour is based on data for a general weekday. Peak hour data on a Saturday is also shown. Table 2 Existing ovie Theater Trip Generation Comparing Tables 1 and 2, the forecast trips at the proposed Topgolf development are almost all lower than what could be expected for the existing peak hour trips at the site. Although the Topgolf development would have higher traffic during the weekday a.m. peak hour (compared to none for the theater), the amount of traffic is small relatively to traffic on the surrounding roads. 1. Pakirg Section 35-704 of the Brooklyn Center City Code of Ordinances has minimum parking space requirements for different land uses. For the proposed Topgolf development, the closest land use fit for the parking ordinances would be General Commercial Use. This land use has a requirement of one vehicle parking space for every 200 square feet of gross floor area. For the proposed 65,000 square foot building this would equate to a minimum of 325 vehicle parking spaces needed on site. With 481 vehicle parking spaces planned to be provided on site, there should be adequate vehicle parking per City of Brooklyn Center requirements. As part of the data collected at the Scottsdale, Arizona Topgolf location, parking lot counts were also conducted. Comparing trip generation counts at different times, Saturday evening had the highest trip generation volumes. During that peak period of a Saturday evening, there were observed to be 397 vehicle parking spaced occupied. With the proposed 481 vehicle parking spaces in the Brooklyn Center site, adequate vehicle parking is forecast to be on site. Traffic Study 2 CONSULTINGTop golf in Brooklyn Center 3 Concept G evw The concept site plan shown in the attachments was reviewed. Following are key transportation elements of the concept site plan: i.Pedestrian access to the site is limited, including from transit stops along 661h Avenue. The addition of a sidewalk along the east side of Camden Avenue starting at least at the existing crosswalk near the northern access extending south to the building entry would greatly improve pedestrian access and safety to the site. ii.A sidewalk along the edge of the parking lot especially along the long edge between the outfield and the parking lot would improve safety for those walking to and from parked vehicles. However, this must be balanced with the site plan, particularly the parking spaces that might be reduced if a sidewalk were squeezed into the site plan. iii.With the site being located near the West River Road trail, providing bicycle parking on site will be a benefit to the site. iv.ADA accessible vehicle parking spaces are shown to be located near the entry to the building. v.With the large parking lot and walking distances to the front doors, valet service will be incorporated. The short drive aisle just in front of the building entry could be designated solely for valet, and/or as a drop-off/pick-up area. Removing this aisle from standard vehicle through movements in the lot will reduce some conflict points. vi.Truck circulation is expected to use the loading/delivery area west of the building entry. Deliveries and loading should be scheduled during non-peak times. vii. The proposed southern access point on Camden Avenue is at the location of a former cul-de-sac. A turnaround point at the far south end of Camden Avenue should be included to allow for vehicle turnaround movements outside of the parking lot. Based upon the above review of the concept site plan's transportation elements, the following changes are recommended and shown in the attachments: • Add a sidewalk along the east side of Camden Avenue between the existing crosswalk near the existing northern access extending south to the building entry. • Consider a sidewalk between the east side of the outfield and the parking lot from the north end of the outfield to the building entry, pending a review of the parking impacts. • Provide bicycle parking on site. • Designate the short drive aisle directly in front of the building entry as valet and/or drop-off/pick-up only. • Schedule truck deliveries outside of the weekday and weekend peak periods to the extent possible. Traffic Study 3 Topgolf in Brooklyn Center piwa CONSULTING 4. T& m© ft men (TD) The developer recognizes the desire for safe and convenient travel alternatives to single-occupant vehicle commuting. The objective to minimize travel demand is also understood and supported. The developer, the building owner, property manager or their successors of the site will therefore develop and implement measures to encourage non-single occupancy vehicle modes of transportation with the goal of having a significant number of its transportation trips being made by transit, bicycling, or walking. At a minimum, the following strategies will be implemented to minimize the site's impact on the area transportation system. i. Dsigwe i 1rirasportion Coorditor The developer will designate an employee or contractor to act as the Transportation Coordinator. That employee will maintain and monitor TOM. The Transportation Coordinator will serve as the conduit for providing up-to-date information on alternative commute programs and incentives to building employees. At a minimum, the Transportation Coordinator will: o Disseminate commuting information and materials for employees. This information, which can be supplied by Metro Transit, will include transit schedules, rideshare applications, bicycle information, Guaranteed Ride Home Program brochures, etc. Other information could include the Minnesota Department of Transportation's real-time traveler information program: 5-1-1 or www.511mn.org and the various bus incentive programs (e.g. Metro Transit Go- To Cards and U-Pass) as well as vanpool incentives (e.g. Metro Vanpool program). To maintain an awareness of alternative modes of transportation, information may be distributed through e-mail, flyers, posters in frequented locations, etc. o Develop a commuter information program to familiarize employees with the variety of transportation resources available. o Participate in regional training or information sessions about TDM programs. o Monitor parking lot operations, which could include but is not limited to flow patterns, vehicle behavior, and user complaints. The Transportation Coordinator will be responsible for resolving any issues with signing, parking operations, and other suitable mitigation solutions. o Monitor the implementation of the proposed TOM commitments. b. Promote Cr and Vonpoollog Car and vanpooling will be actively promoted as an alternative means of commuting among the employees and visitors. The primary means of promotion will be information dissemination to employees and discussion of parking on the Topgolf site's website. Traffic Study 4 Top golf/n Brooklyn Center CONSULTING C. Prom me Other Modes of Trans poilation With its location near the Mississippi River and its surrounding trails as well as transit stops on TH 252 and 661h Avenue, transit, bicycling and walking should account for a portion of the trips to and from the proposed site. These modes will be actively promoted as alternative means of commuting among the employees and visitors of the proposed development. The primary methods of promotion will be information dissemination, the provision of bicycle storage facilities, arid information on the Topgoif site's website. COW. IWinimie The Impact of Trucks To the extent possible, the developer or their successors will encourage truck and service vehicles to access the site outside of the weekday and weekend peakhours. Traffic Study 5 Top golf in Brooklyn Center CONSU Lit NC (7 . Ccc!r! fl© Recommtt The traffic impacts of the proposed development were studied and the principal findings are: • The proposed site re-development is expected to generate approximately 30 new trips during the am. peak hour and approximately 180 new trips during the p.m. peak hour. • The amount of trips forecast to be generated by the proposed development is less than what could be expected to be generated by the existing theater. • With approximately 480 parking spaces, the City code requirement of 325 stalls and the expected Saturday peak period parking demand of approximately 400 vehicles are accommodated. Consideration of the following is recommended to improve site safety and circulation: o Add a sidewalk along the east side of Camden Avenue between the existing crosswalk near the existing northern access extending south to the building entry. o Consider adding a sidewalk between the east side of the outfield and the parking lot from the north end of the outfield to the building entry, pending a review of the impacts to the amount of parking or other site elements. • Provide bicycle parking on site. • Designate the short drive aisle directly in front of the building entry as valet only and/or drop-off/pick-up only. • Schedule truck deliveries outside of the weekday and weekend peak periods. It is recommended the travel demand management measures documented in Section 4 of this report be implemented to encourage non-single occupancy vehicles and alternative modes of transportation for the sites employees and visitors. G. Appendix, A. P lluuiiineiIiy Cofrwpt Pllri & Sire Plan Rcommdaiori C. Rose Wile, CA Trip Generation Study Traffic Study 6 - CONSULTING Top golf in Brooklyn Centeri 'Lbb 6 b 6 Attachment B - Site Plan Recommendations ^ I ^g w " ^^I lhwlu \%IPMA I 6 6 WHIN Add bicycle parking Valet only or Drop - flC p Off/Pick- -.A- AUch.met C RoseviHe CA Trip Generation Study Draft Transportation Impact Study for the North Central Raseville Specific Plan Parcel 49 November 14, 2014 TABLE 7 TOPGOLF TRIP GENERATION Weekday Strday AM Peak Hour PM Peak How Before Service After Service Before Service After Service 7:30 AM to 8:30 AM 4:30 PM to 5:30 PM 5:15 PM to 6:15 PM 7:00 PM to 8:00 PM 10:15 AM to 11:15 AM 12:00 PM to 1:00 PM In Out Iota!In Out Total In Out Total In Out Total In Out Total In Out Total 28 4 32 91 92 183 153 109 262 161 151 312 65 33 98 107 77 184 Note: Trip generation reflects the Scottsdale Topgolf 15-minute counts for the specified analysis periods. 'Hl'l( Ill P 1.7 A[i( )ll The Topgolf facility on Parcel 49 is planned to have 439 parking spaces. Parking supply for Topgolf is expected to be adequate under near-term conditions when Topgolf is the only facility on Parcel 49; however, the City requested we estimate Topgolf's parking utilization for Saturday evening and Sunday morning church services. Therefore, we obtained parking utilization data from the Scottsdale Topgolf facility on Saturday evening at 7 PM and on Sunday morning at noon. The results showed that 397 parking spaces were occupied at 7 PM on Saturday evening and 234 parking spaces were occupied at noon on Sunday morning. IPIP DJTRTB1J110l1 The expected distribution of project trips onto the adjacent roadway network was determined based on existing traffic volumes and travel patterns, the location of complementary uses, and output from the City of Roseville CIP traffic model. Figure 10 shows that 65 percent of project traffic is expected to travel to/from the north on Washington Boulevard, with 35 percent travelling to/from the south. I I'.l !\,1(1l liLt II The trips expected to be generated by the Topgolf facility were assigned to the study intersections. Figure 11 shows the resulting weekday AM and PM peak hour traffic volumes under Baseline Plus Phase 1 (Topgoft) conditions. 19 Attachment C Roseville CA Trip , Generation Study d Draft Transportation Impact Study for the North Central Roseville Specific Plan Parcel 49 November 14, 2014 Figure 6 Friday Inbound and Outbound Trips Scottsdale Topgolf Figure 6 Friday Inbound and Outbound Trips - Scottsdale Topgolf 200 150 100 — Inbound El Outbound 50 H ti 0<< < <<< <<<< <a-a-a-- CD C) CD CD 0 CD 0 0 CD (D 0 0 CD 0 0 CD CD 0 0 CD 0 CD CD CD C 1 ri CO liD )0 N CO CD 0 r r CO Ln LO N CO CDO -1 -4 r1 Note: Count data was collected by 15-minute increments. For illustrative purposes, the counts were aggregated into 1-hour periods I 20 Figure 7 Attachment C = Rosevie CA Trip Generation Study Draft Transportation Impac' Study for the North Central Roseville Specific Plan Parcel 49 November 14, 2014 Saturday Inbound and Outbound Trips — Scottsdale Topgolt Figure 7 ct irdi Tnkrti inn 2nd (Th ri-hn'i ind Trinc - crntfcnII in Trr'rniIT' Inbound El Outbound < <<< < <<<<<<<3-3-3-3-3.3-3-3-3 -3-3-3-o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 rJ -1 r cc zt Ln to N CO m q rH C —1 rJ m sf Ln LU N CO cn 0 -1 -1 -1 '- - Note: Count data was collected by 15-minute increments. For illustrative purposes, the counts were aggregated into 1-hour periods . Analysis period for Saturday before service is from 5:15 PM to 6:15 PM based on Church peek period, which differs from Topgolf peak period. 200 150 100 50 21 Alta'chment C - Roseville, CA Trip Genevaton Study2 Draft Transportation Impact Study for the North Central Roseville Specific Plan Parcel 49 November 14, 2014 1 Figure 8 Sunday Inbound and Outbound Trips - Scottsdale Topgolf Figure 8 c,i inrIi Tnhni inH Anrl ft ithrti md Trinc crnttcdIa Tnnrmnlf 200 150 100 50 Inbound L Outbound << < < < <<< <Z< <0-0-000O 0-0-0-0-0-0- C) 0 0 0 0 0 C) 0 C) 0 C) 0 0 0 0 0 0 0 0 0 0 0 0 0 DOD GD N -1 N CO 4t Lr) Co r- co -N N CO zT LI LO N CO C 0 '- -1 - - '- Note: Count data was collected by 15-minute increments. For illustrative purposes, the counts were aggregated into 1-hour periods 22V °0)11 [1 U) ' .fr QJ 0CL 0F- U) 0 Ln 00 VOZ U) I- 0 ZIL 0 Li 0C(U LL I 0L()N INV O:Z1NON [AId 00:01 [AId 00:8 lAid oo:g [Aid OOV [Aid oo: [Aid 00:zi LAN 00:01 [AIV 00:8 IAJV 00:9 ["IV 00:v [AIV 007 Nd 00:01 Nd 00:8 [Aid 00:9 [Aid 00:v [Aid 00:z [Aid 00:zI [AiV00:o -E V008 NV 00:9 INV 00:17 [AIV Oo:z [AIV 007T IVs Aid 00:01 Aid 00:8 Aid 00:9 Aid 00:17 Aid 00: Aid 00:1 AN 0001 0JV 008 IVoo:g NV oo:v - NV 007 - 'IV 0071t ia - Nd 00:01 00 0N 0 noq 0 0QLn aed sep!qeJ IIII --------F----------.------- LA _____,___•_I-_I ["IV OOZI NflS — - ----- IIIiIiIiIiFIiIiIIiiI IiL1IIiiIII1LiiIIIIIi -.-.-....---- ....- 111111111 II .I I1IIrI iiI_1III .. 0 U)0) 00 0 C U) (U0)U) 0)0)(U U) U) U, C 0U U) U)(U00) 0 U)> (U (U 0U- Ui CU) EU) UC U) C E Lfl -D U) U(U 0U (U (U (U C 0U U) 0 z m Commissioner Rizvi introduced the following resolution and moved its adoption PLANNING COMMISSION RESOLUTION NO. 2017-04 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2017-003 SUBMITTED BY TOPGOLF USA BROOKLYN CENTER, LLC. FOR A PLANNED UNIT DEVELOPMENT AMENDMENT (No. 3) TO THE REGAL ROAD DEVELOPMENT ADDITION PLANNED UNIT DEVELOPMENT OF 1998 (LOCATED 6330 AND 6420 CAMDEN AVENUE NORTH) WHEREAS, on July 27, 1998, the City Council of Brooklyn Center adopted Resolution No. 98-133, which approved and accepted the Regal Road Development Addition Planned Unit Development (PUD) of 1998, which comprehended the rezoning approval of 16.76 acre area of land bounded on the north by 66th Avenue, TH252 on the east, Interstate 694 to the south, and Camden Avenue to the west, from C-2 (Commerce) to PUD/C-2 (Planned Unit Development/Commerce) District; and WHEREAS, the PUD proposal comprehended the development of a new site and building plan approval of an 85,240 sq. ft., 4,592 seat, 20 screen theater on 13.09 acres of the rezoned subject PUD site, along with the creation of two future development pad sites consisting of 88,186 sq. ft. (Pad Site No. 2 - to the north) and 71,693 sq. ft. (Pad Site No. 3 - to the south), respectively, for future commercial development, with each pad site identified as potential restaurant uses; and WHEREAS, on September 28, 1998, the City Council approved Planning Application No. 98-19, which comprehended the First Amendment to the approved Regal Road Development Addition Planned Unit Development, which included an alternate storm water management system including a ponding area and a reduction in the lot size of Pad Site No.3 from 2.02 acres to 0.96 acres, in the event the original designed storm systems were not accepted by the local watershed; and WHEREAS, on February 27, 2006, the City Council adopted Resolution No. 2006-25 approving a PUD amendment and site plan approval to allow the construction of a 10,000 sf. multi-tenant building on Pad Site 3. WHEREAS, on November 9, 2015, the City Council approved a PUD amendment relating to the development of Pad Site 2 for a 4 story 80,000 sf. commercial self-storage facility; however, the PUD agreement was not revised or amended when the developer decided not to proceed with the project. WHEREAS, the recorded Declaration of Covenants and Restrictions for the Regal Road Development (PUD Agreement) restricts the use of Lot 1, Block 1 (Pad Site No. 1) for only a twenty screen movie theater of approximately 85,240 sf. with approximately 4592 seats; unless the owner first secures approval by City Council of an amendment to the planned unit development plan or a rezoning to a classification which permits such other development and use PC RESOLUTION NO. 2017-04 and allows the owners of Lots 2 and 3 (Pad Sites No. 2 & 3) to apply for an amendment to the planned unit development for said lots to allow another use which is compatible with surrounding and nearby properties; consistent with the City's comprehensive plan; and in the interests of public health, safety and welfare; and WHEREAS, TOPGOLF USA Brooklyn Center, LLC have submitted Planning Application No. 201-003, which is considered the Third Amendment to the Regal Road Development Addition Planned Unit Development of 1998, by allowing certain changes to the approved PUD for this development area; and WHEREAS, Planning Application 2017-003 presents an official request to allow a specific commercial use not identified under City Zoning Code Section 35-322, C2 (Commerce) District standards under the original Regal Road Development Addition PUD, to facilitate the redevelopment of Pad Site No. 1 and its consolidation with Pad Site No. 2 for the Topgolf commercial recreational/entertainment use consisting of a 65,000 square foot, three level facility with 102 hitting bays, a 50 table restaurant & lounge, a 3,000 square foot roof terrace, a 3,000 square foot event area and a 220 yard driving range with 11 outfield targets; and WHEREAS, on June 15, 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 received and considered by the Planning Commission; the Planning Commission considered the Planned Unit Development Amendment request in light of all testimony received, including the guidelines for evaluating such amendments as contained in Section 35-355 of the City's Zoning Ordinance and the City's Comprehensive Plan; and WHEREAS; in light of all testimony received, the Planning Advisory Commission of the City of Brooklyn Center confirmed that Planning Application No. 2017-003, submitted by TOPGOLF USA Brooklyn Center was consistent with the finding and consideration which supported the 1998 PUD rezoning and may be approved based upon the following additional considerations: a)This regional commercial recreational use will continue to promote and enhance the identify and location of Brooklyn Center and keeps the redevelopment of this site active and ongoing, b)This development site and overall PUD site will have adequate measures in place to maintain and provide suitable access to the site. c) The development plans by Topgolf appears to be a reasonable and effective means of adding additional commercial tax base to the community; and will be a good fit overall Regal Road Development Planned Unit Development project area, and is supported and approved by the Planning Commission. d) City will require an amended declaration of covenants and restrictions for this PC RESOLUTION NO. 2017-04 commercial PUD that will include the interim use of the northern parking area as Metropolitan Transit Park and Ride site and address the future use / redevelopment of this Outlot to complement the Hwy 252 freeway conversion improvements. AND WHEREAS, the Planning Advisory Commission of the City of Brooklyn Center did determine that Planning Application No. 2017-003, submitted by TOPGOLF USA Brooklyn Center, may be approved based on the belief that the guidelines for evaluating Planned Unit Development Amendment as contained in Section 35- 355 of the City's Zoning Ordinance have been met, and the proposal is, therefore, in the best interest of the community. NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission for the City of Brooklyn Center, Minnesota, that Planning Application No. 2017-003 submitted by TOPGOLF USA Brooklyn Center, LLC. requesting approval of a 3rd Amendment to the Regal Road Development Addition Planned Unit Development of 1998 may be approved subject to the following conditions: 1)Developer is allowed to develop this Pad Site No. 1 and 3, as identified under the original Regal Road (Regal Theatre) Planned Unit Development of 1998, 1998 to allow the demolition of the existing 85,240 sf. Regal Theater and the redevelopment of a commercial recreational/entertainment use consisting of a 65,000 square foot, three level facility with 102 hitting bays, a 50 table restaurant & lounge, a 3,000 square foot roof terrace, a 3,000 square foot event area and a 220 yard driving range with 11 outfield targets. 2)Developer is allowed to consolidate Pad Sites No. 1 and 3 into a new plat to create a lot for the Topgolf Facility and a 1.62 acre commercial outlot for the interim use as a park and ride site. 3)City will require execution of an amended PUD agreement/Declaration of Easements and Covenants consistent with the approved site development plans submitted by Topgolf, USA Brooklyn Center LLC. 4)The commercial development plan submitted for approval under Planning Application No. 2017-004 (pursuant to City Zoning Code Section 35-230), shall be in substantial compliance with the approved development plan. Substantial compliance shall mean that buildings, parking areas and roads are in essentially the same location as previously approved; the floor area of nonresidential areas has not been increased or decreased by more than 5 percent; no building has been increased in the number of floors; open space has not been decreased or altered from its original design or use, and lot coverage of any individual building has not been increased or decreased by more than 10 percent. 5) If within 12 months following approval by the City Council of the development plan, no building permits have been obtained or, if within 12 months after the issuance of building permits no construction has commenced on the area PC RESOLUTION NO. 2017-04 approved for the PUD area, the City Council reserves the right to recall or cancel this development plan proposed for the subject property. 6)Any major amendment to the development plan may be approved by the City Council following the same notice and hearing procedures specified in this section. An amendment shall be considered major if it involves any change greater than that permitted by Subdivision Sd of this section. Changes which are determined by the City Council to be minor may be made if approved by the Planning Commission after such notice and hearing as may be deemed appropriate by the Planning Commission. 7)After approval of the development plan and the plan approval required by Section 35 230, nothing shall be constructed on the site and no building permits shall be issued except in conformity with the approved plans. 8) Unless amended otherwise or under separate agreement, all existing provisions, standards and variations provided under the Regal Road Development Planned Unit Development of 1998, and any subsequent amendments, shall remain in effect. June 15, 2017 Date Chair ATTEST: Secretary The motion for the adoption of the foregoing resolution was duly seconded by member Koenig; and upon vote being taken thereon, the following voted in favor thereof: Chair Christensen, Commissioners Koenig, Schonning, Sweeney, Tade, MacMillan and Rizvi; and the following voted against the same: None; whereupon said resolution was declared duly passed and adopted. Commissioner Tade introduced the following resolution and moved its adoption PLANNING COMMISSION RESOLUTION NO. 2017-05 RESOLUTION REGARDING RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2017-003 SUBMITTED BY TOPGOLF USA BROOKLYN CENTER, LLC. REQUESTING APPROVAL OF THE PRELIMINARY PLAT OF REGAL ROAD DEVELOPMENT 3 ADDTION (LOCATED AT 6330 AND 6420 CAMDEN AVENUE NORTH) WHEREAS, Planning Commission Application No. 2017-003 was submitted by Topgolf USA Brooklyn Center, LLC, requesting approval of a Preliminary Plat of a new subdivision to be titled Regal Road Development 3 Addition which facilitates the following lot reconfigurations within the Regal Road Development PUD: A.the consolidation of Lot 2, Block 1 Regal Road Development Addition, the 1.62 acre vacant lot at 6330 Camden Ave. N., referred to as PUD Site No. 2 with Lot 3, Block 1, Regal Road Development 2m1 Addition, the 14.15 acre Regal Theater site at 6420 Camden Ave. N., referred to as PUD Site 1; B.the dedication of additional right of way for the extension of Camden Ave. N. and relocation of the existing cul-de-sac to facilitate the placement of the Topgolf building; C.the vacation and rededications of the necessary utility easements; and D.the creation of a new lot for the development of Topgolf USA Brooklyn Center, LLC and a 1.62 acre commercial outlot; and WHEREAS, on June 15, 2017 the Planning Commission held a duly called public hearing, whereby this item was given due consideration, a staff report was presented, and a public hearing was opened to allow for public testimony regarding the preliminary plat of Regal Road Development 3rd Addition, which were received and noted for the record; and WHEREAS, the Planning Commission has determined during its review of the preliminary plat materials submitted with Planning Application No. 2017-003 , that said plat is in general conformance with City of Brooklyn Center's City Code Chapter 15 Platting; and NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center does hereby recommend to the City Council, that Application No. 2017-003 as submitted by TOPGOLF USA Brooklyn Center, LLC. requesting Preliminary Plat consideration of a new subdivision to be titled Regal Road Development 3' Addition may be approved based upon the following conditions: 1. All recommendations and conditions as noted in the City Engineer's review memorandum, dated June 8, 2017 shall be complied with or completed as part of any final plat approvals. PC RESOLUTION NO. 2017-05 2.Approval of this plat will be subject to the approval of the separate Regal Road Development Planned Unit Development Amendment No. 3, as filed under Planning Application no. 2017-003. 3.Any easements that need to be vacated under this platting process as determined by the City Engineer must be considered under separate and formal City easement vacation process, with all documentations, descriptions, and exhibits singed by a licensed surveyor. 4.The final plat shall be subject to review and final approvals by the City Engineer, prior to release by the City for recording purposes. 5.The final plat shall be subject to the provisions of Chapter 15 of the City Ordinances. 6. An updated certified abstract of title or registered property report must be provided to the City Attorney and City Engineer for review at the time of the final plat application (within 30 days of release of the final plat). June 15, 2017 Date Chair ATTEST: Secretary The motion for the adoption of the foregoing resolution was duly seconded by member Sweeny; and upon vote being taken thereon, the following voted in favor thereof: Chair Christensen, Commissioners Koenig, Schonning, Sweeney, Tade, MacMillan and Rizvi and the following voted against the same: None; whereupon said resolution was declared duly passed and adopted. Commissioner Koenig introduced the following resolution and moved its adoption PLANNING COMMISSION RESOLUTION NO. 2017-06 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2010-003 SUBMITTED BY TOPGOLF USA BROOKLYN CENTER, LLC., APPROVING THE SITE AND BUILDING PLAN (DEVELOPMENT PLAN) FOR THE PROPOSED TOPGOLF COMMERCIAL RECREATION/ENTERTIANMENT BUILDING AND GOLF DRIVNG WITHIN THE REGAL ROAD DEVELOPMENT 3'° ADDITION PLANNED UNIT DEVELOPMENT (LOCATED AT 6330 AND 6420 CAMDEN AVENUE NORTH) WHEREAS, Planning Commission Application No. 2017-003, submitted by TOPGOLF USA Brooklyn Center, LLC Buhl Investors (the "Developer") is requesting approval of a new Site and Building Plan of a commercial recreational/entertainment use consisting of a 65,000 square foot, three level facility with 102 hitting bays, a 50 table restaurant & lounge, a 3,000 square foot roof terrace, a 3,000 square foot event area and a 220 yard driving range with 11 outfield targets; and WHEREAS, this proposed Site and Building Plan comprehended under Planning Application No. 2017-03 shall serve as the new Development Plan in conjunction with the proposed Third Amendment to the Regal Road Development Addition Planned Unit Development of 1998; and WHEREAS, on June 15, 2017, the Planning Commission held a public hearing and meeting to frilly consider Planning Commission Application No. 2017-003, and reviewed and received a planning report on the proposed new Site and Building Plans for the proposed Topgolf facility development, and other related improvements in conjunction with this specific development; and WHEREAS, in light of all testimony received, and utilizing the guidelines and standards for evaluating site and building plans, as contained in Section 35-230 (Plan Approval) of the City's Zoning Ordinance, along with consideration of the goals and objectives of the City's Comprehensive Plan, the Planning Commission considers this site and building plan an appropriate and reasonable development of the subject property; and WHEREAS, the Planning Commission finds that the Site and Building plans for this Brooklyn Center Self-Storage facility is consistent with the amended Development Plans of the Regal Road Development Addition Planned Unit Development of 1998. NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that the Site and Building Plan of proposed Topgolf commercial recreational/entertainment facility, as comprehended under Planning Application No. 2017-003, may be approved based upon the following considerations: PC RESOLUTION NO. 2017-06 A.The Site and Building Plan is compatible with the standards, purposes and intent of the City's Zoning Ordinance; B.The Site and Building Plan, in relation to the Planned Unit Development proposed on the Subject Site, will facilitate the redevelopment and improvement of this site, will allow for the utilization of the land in question in a manner which is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding land; C.The improvements and utilization of the property as proposed under the planned redevelopment of this site is considered a reasonable use of the property and will conform with ordinance standards; D.The Site and Building Plan proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area; E.The Site and Building Plan proposal appears to be a good long range use of the existing land and this proposed development can be considered an asset to the community; and F.Based upon the above considerations, it is believed that the guidelines for evaluating and approving a Site and Building Plan as contained in Section 35-230 (Plan Approval) of the City's Zoning Ordinance are met and the site proposal is, therefore, in the best interest of the community. BE IT FURTHER RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center does hereby recommend to the City Council that Planning Application No. 2017-03 may be approved, subject to the following conditions and considerations: 1)Developer agrees to comply with all conditions or provisions noted in the City Engineer's Review memo, June 8, 2017. 2)Final drainage and utility plans and specifications are approved by the City Engineer. 3) Final grading, drainage, utility and erosion control plans and any other site engineering related issues are subject to review and approval by the City Engineer prior to the issuance of permits. A Storm water Pollution Prevention Plan (SWPPP) must be provided for review and approval. 4) The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. PC RESOLUTION NO. 2017-06 5)All landscaped areas, including street boulevards, shall include approved irrigation systems to facilitate site maintenance. 6)Any major changes or modifications made to this Site and Building Plan can only be made by amendment to the approved Site and Building Plan as approved by the City. 7) Developer must submit an as-built survey of the property, improvements and utility service lines and structures; and provide certified record drawings of all project plan sheets depicting any associated private and/or public improvements, revisions and adjustments prior to issuance of the certificate of occupancy. The as-built survey must verify that all property corners have been established and are in place at the completion of the project as determined and directed by the City Engineer. June 15, Date Chair ATTEST: Secretary The motion for the adoption of the foregoing resolution was duly seconded by member MacMillan; Chair Christensen, Commissioners Koenig, Schonning, Sweeney, Tade, MacMillan and Rizvi upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: None; whereupon said resolution was declared duly passed and adopted. Topgolf Commercial Recreation Entertainment Center 6330 & 6420 Camden Avenue N. (TOPGOLF USA Brooklyn Center, LLC) Planning Application No. 2017-003 Planned Unit Development Amendment w/ Site Plan Review & Preliminary Plat City Council Meeting June 26, 2017 Agenda Item No. 9.a Introduction •TOPGOLF USA Brooklyn Center, LLC. requesting Planned Unit Development (PUD) Amendment to the Regal Road Addition (Regal Theatre) PUD of 1998 with approval of a Site Development Plan and Preliminary Plat. •Amendment allows redevelopment of the Regal Theater Site and vacant lot to the south for a commercial recreation entertainment center including a 65,000 sf., three level facility with 102 hitting bays, a 50 table restaurant & lounge, a 3,000 sf. event area and a 220 yard driving range with 11 outfield targets. •Additionally, the applicant is requesting preliminary plat approval of Regal Road Development 3rd Addition. •City Code allows Applicants to combine development plan approval with the PUD plan approval as per Zoning Code Section 35-230. Background •The subject site is currently zoned PUD/C2 (Planned Unit Development/Commerce). The original Regal Road Development PUD plan was approved on July 27, 1998; and the new zoning for this area, from C2 (Commerce) to PUD/C2, was approved by Ordinance No. 98-10, adopted September 14, 1998. •The 1998 PUD provides an approved development plan of three parcels: •Pad Site No. 1 a 13.09 acre lot for the proposed Regal Theatre, an 85,250 sq. ft., 20-screen movie theatre with 4,592 seats and 1,148 parking stalls. •Pad Sites No. 2 and 3 have lot areas of 1.65 and 2.02 respectively and were identified as future “restaurant uses” and were specifically precluded as a fast food / convenience food restaurant, gas station/convenience store, car wash, pawn shop or check cashing operation. Open Pond Underground Storm Water Chamber System Regal Cinema Pad Site 2 Location & Aerial Map Pad Site 3 •On February 27, 2006, the City Council adopted Resolution No. 2006-25 approving a PUD amendment and site plan approval to allow the construction of a 10,000 sf. multi-tenant building on Pad Site 3. •In 2007, the City obtained a drainage & utility easement and developed an underground storm water treatment facility south of the existing ponding area. The system consisted of two large concrete chambers (64’ x 52’ x 16’) that were connected to the existing 72” area storm sewer and provide treatment prior to discharging into the Mississippi River. •On November 9, 2015, the City Council approved a PUD amendment relating to the development of Pad Site 2 for a 4 story 80,000 sf. commercial self-storage facility. The PUD agreement was not revised or amended when the developer decided not to proceed with the project . PUD Amendment Analysis •The recorded Declaration of Covenants and Restrictions for the Regal Road Development (PUD Agreement) restricts the use of Lot 1, Block 1 (Pad Site No. 1) for only a twenty screen movie theater of approximately 85,240 sf. with approximately 4592 seats ; unless the owner first secures approval by City Council of an amendment to the planned unit development plan or a rezoning to a classification which permits such other development and use. •The Declaration also allows the owners of Lots 2 and 3 (Pad Sites No. 2 & 3) to apply for an amendment to the planned unit development for said lots to allow another compatible use consistent with the City’s comprehensive plan. The PUD restricts fast food or convenience food restaurant, gasoline service station, convenience store, car wash, pawn shop or check cashing operation use. •PUD Amendment No. 3, provides for the changes necessary to facilitate the redevelopment of Pad Site No. 1 and Pad Site No. 2 for the Topgolf commercial recreational/entertainment use consisting of a 65,000 square foot, three level facility with 102 hitting bays, a 50 table restaurant & lounge, a 3,000 square foot roof terrace, a 3,000 square foot event area and a 220 yard driving range with 11 outfield targets . •Additionally, the amendment will enable the creation of a 1.62 acre commercial outlot with an interim use as a Park & Ride site. PUD Amendment Analysis Continued… Site Plan Preliminary Plat or Regal Road Development 3rd Addition •This application includes the consolidation of Lot 2, Block 1 Regal Road Development Addition, the 1.62 acre vacant lot at 6330 Camden Ave . N., referred to as PUD Site with Lot 3, Block 1, Regal Road Development 2nd Addition, the 14.15 acre Regal Theater site at 6420 Camden Ave . N., referred to as PUD Site 1. •The replat includes the dedication of additional right of way for the extension of Camden Ave . N. and relocation of the existing cul-de-sac to facilitate the placement of the Topgolf building; vacates and rededicates the necessary utility easements; and creates a new 1.62 acre commercial •Remnant service/access road within MnDOT R-O-W area •MnDOT indicated willingness to transfer excess land to Owners if requested Site & Building Plan Improvements To the north of the building is the 220 yd. driving range with 10 in ground lighted target areas that are enclosed within a polyester barrier netting system that varies in height from 90 feet to 170 feet. The netting system includes a total of 27 steel poles (42” diameter in width) that are off-set approximately 55 feet apart Landscaping The landscape plan identifies the location of 46 deciduous trees planted with the Regal Theater site development, 6 conifer trees and 5 ornamental trees that will be maintained and the additional landscaping with the new parking islands developed as part of the access drive serving the eastern parking lot. Additionally, the plan includes the landscaping within the new southern parking area; the boulevard area of the Camden Ave. extension and new entrance; screening of the service entry; and significant plantings to accent the elevated entry. •Landscape Improvements along Camden Ave (to remain) •Landscape Improvements along Hwy 252 (to remain) Parking & Access •The site plan illustrates a total of 513 parking stalls for Topgolf and 222 parking stalls for the commercial outlot. The primary entrance continues to be in the vicinity of the current entrance point (approximately 150 feet to the north). Internal circulation is provided by an access lane that parallels the driving range/target field and connects to the northern parking area and southern entrance onto Camden Ave . •The Zoning Code Sect. 35-700 – Off Street Parking Requirements, provides for uses that are not covered by the code shall be determined by the City Council using a similar use. •The traffic study prepared by Spack Consulting comments on the City’s parking ordinance and provides a recommendation that the 481 stalls used in their site analysis provided sufficient parking for this use. The report references the peak period for the Scottsdale, Arizona Topgolf location occurring on Saturday evening with 397 parking stalls occupied. •Proposed Entering 150’ North of existing Entrance. •Existing Entrance from Camden. Grading/Drainage/Utilities •The additional storm sewer improvements identified on the above plan illustrates the location of 2,927 feet of new perforated storm sewer piping that will provide for infiltration into to the sandy soils of the site and 926 feet of regular storm sewer improvements. •View looking Northeast toward Hwy 252/66th intersection •View looking North Lighting Signage Review •The sign standards for this commercial development include the following maximum allowances: •Wall signage: a maximum of 15% of the wall area. •Freestanding Signage: a maximum of 250 sf. and maximum sign height (above the 1st floor elevation of 32 feet . •A second freestanding sign is allow in the event the business abuts two or more streets which are at least collector of arterial in character and if the abutment on each street exceeds 400 feet, one freestanding sign may be erected along each such street. The freestanding sign on 1-694 is located in the South west corner of the site. The sign has an area of approximately 110 sf. and a sign height of 42 feet (site elevation at the sign 937’) compared to the main floor elevation at 953. The monument sign at the primary entrance on Camden Ave. has a sign area of approximately 90 sf. and a sign height of 9.5 feet . Recommended Council Actions PUD: Adopt the Resolution Regarding the Recommended Disposition of Planning Commission Application No. 2017-003 Submitted by TOPGOLF USA Brooklyn Center, LLC for Planned Unit Development Amendment No. 3 to the Regal Road Development Addition Planned Unit Development of 1998 (Located at 6330 and 6420 Camden Avenue North) PRE. PLAT : Adopt the Resolution Regarding the Recommended Disposition of Planning Commission Application No. 2017- 003 Submitted by TOPGOLF USA Brooklyn Center, LLC Requesting Approval of the Preliminary Plat of Regal Road Development 3rd Addition SITE/DEVELOPMENT PLAN: Adopt the Resolution Regarding the Recommended Disposition of Planning Commission Application No. 2017-003 Submitted by TOPGOLF USA Brooklyn Center, LLC. Approving the Site and Building Plan (Development Plan) for the Proposed Topgolf Commercial Recreation/Entertainment Building and Golf Driving Field Within the Regal Road Development 3rd Addition Planned Unit Development (Located at 6330 and 6420 Camden Avenue North) Questions? TOPGOLF LET’S PLAY! TOPGOLF DEFINED • • • FREE PRACTICE FOR HIGH SCHOOL GOLFERS • • • LOCAL ECONOMY • • JOB CREATION • • • RECENT AWARDS LOCAL COMMUNITY OFFICIALS: Oty C©d Agenda fl©m N©0 1a #1I i[I1IJ[iJ I fl N N M'A U I D [I) 1I 1IJYA I DATE: June 26,2017 TO: Curt Boganey, City Manag23 FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 5439 Camden 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 5439 Camden 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 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: 12-13-2016 The Owner, Noell McPheeters, applied for renewal of the rental dwelling license for 5439 Camden Ave N, a single family dwelling. 01-18-2017 An initial rental license inspection was conducted. 14 property code violations were cited, see attached rental criteria. 03-10-2017 A second rental inspection was conducted and failed. A $100 reinspection fee was charged to the property. 03-21-2017 The $100 reinspection fees were paid. 03-31-2017 The previous rental license expired. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [iII1BJ[iJ I N N N 31'A U I 3J 0)III 1WI I1,JA I 04-04-2017 A third inspection was conducted and failed. A $100 reinspection fee was charged to the property. 04-04-2017 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 04-04-2017 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. 04-11-2017 A Mitigation Plan was submitted. 04-20-2017 A fourth inspection was not conducted; no access was provided at the time of inspection. A $100 reinspection fee was charged to the property. 05-12-2017 A fifth inspection was conducted and corrections complete; however, the $200 reinspection fees remain unpaid. 05-16-2017 The Mitigation Plan was finalized. 05-23-2017 The $100 reinspection fee was paid; $100 remains unpaid. 06-12-2017 The $100 reinspection fee was paid and the rental license passed. 06-19-2017 A letter was sent to the owner notifying that the hearing before the Council will be held June 26, 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. 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. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust S1lJ(iJ I N U I *'A Uh'A I M'4 (I] 11 PIIJhYA 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 life for all people and preserves the public trust [t1U[.J I N N kTA VA I MLTA (II) 1I t]PJh'A I Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust S[ILIMSJINU Type III - 1 Year 1-2 units I Greater than 4 but not more than 8 Greater than 1.5 Type IV —6 Months 1-2 units Greater than 8 3+ units Greater than 3 -I 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 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust ES1IJ(i1 I U N N k'A U I k'A (I] 1WI WIA I Budget Issues: There are no budget issues to consider. Strategic Priorities: Enhanced Community Image Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust BUILDING AND COMMUNITY STANDARDS XERCCOMLYNNTER Rental Lcnse Mitigation Plan Type IV License Handwrfttwi M/tigtion Plans will not be accepted A fillable form can be found on the City's website at muw.cityoffirooklyncenter.org or cell (763) 5E3330 to have an electronic copy sent to you via email. Property Address 543 Camden Ave - N Brooklyn Center. MN 55430 Owners Nêrne(s) Noell Mc.Piieeter /Jeff Beiwenite Local Agent(s): Rentorswarahouse Owner's Address: SC NoawçiçI Lano N Agent's Add russ: 13200 Pioneer Trail Plymouth, M E442 Eden Pirie, MN 55347 Owner Phne: 612)1$44 .Aent's Phone (B2) 470-aB8 Owner's Email: Je_Benvenisteiiotmeii.com Aent Email: Current Expiration Date 1f 17 Pending Epiratron Date 130117 (Sixrnnihftcni vueryteira1cn Based on property conditions arid/or validated police nuisance incidents, the above referenced property qualifies for a Type IV6 Month Rental License. Prior to application approval by the City Council a fully completed Mi4ation Plan must be completed and approved by City staff, A Mitigation Plan must be completed immediately in order to ensure timely completion of the license application process. The Mitigation Plan should indicate the steps being taken to correct Identified violations and the measures that will be taken to ensure ongoing compliance with City Ordinances and applicable codes. A Mitigation Plan allows the owner and the City to review concerns and Identify possible solutions to Improve overall conditions of the property. If the Mitigation Plan is not submitted, and all items are not completed within the pendinj license period, or the above property operates beyond the license expiration date, enforcement actions sucli as citation, formal complaint, or license review may result. Bnfora submitting, fill-out Sections A, B , and C located on pages 2, 3, 4 and 5. Page Yi - Typo fVRnJ Lkewa Wigefian Man, Rev. 4444 CtyofBroklyn Certie—*d1d1ng and V*iiin1ty Standa-vds DepxIrne1 wIwdLyotbroynenlerurg 6301 Shine Creek Pi1wy, Brooklyn eerner, MM 554X2199 1 Phone -33O I 7TY,714 1 Fa (7 -3BO BUILDING AND COMMUNITY STANDARDS B t&u.yN 543 CamdenAve N E BfooFIyn Crter, MN 5543 Rental License Mitigation Plan Type IV License Sections A--Cdrne Free Hous/ng Progrn Requsnent -: -:- Phase I 1) Use a written lease agrepment. The tease agreement shall include the Crime Free Housing Lease Addendum. A copy of the Ease agreement and Crime Free Housing Lease Addendum must be attached to the Mitigation Plan when submittedFvf 2) Agree to pursue the termination or lease agreement or eviction of tenants who violate the terms of the lea or any addendums, 3)Conduct criminal background check for all new prospective tenants. if It Is a current tenant a new background -check is not required. Must be able to provide documentation to City if requested. 4)Attend a City approved eighthour Crime Free Housing training course, information for approved courses can be found at w'rnncpanet under the Trinixig and Evefs tab, A copy of the Crime Free Housing Cwtiticato must be attaowd to the Mitigation Plan when subrnittød, Crime Free Housing training was completed onus scheduled forRente Owner or agent attended/is planning to attend training at city of; 5) Submit Monthly Update by the 10 day of each month. Phase II [ 1) Complete a Security Assessment and implement improvements requested by the Brooklyn Center Police Department. To schedule an initial or follow-up Security Assessment, call (783) 59-3344. A follow-up assessment must be completed before the Hcense expiration date to verify the security improvements have been inplemented. If a Security Assessment has been previously completed, write the completion date. f Security Assessment was completed on/Is scheduled I Security Assessment follow-up was completed onis scheduled for 45' i-(i1)i-j 41 Continue Sections A Phase lii on page Page 215 v, 4444 Cfty o fkly cee BU4n a4 nuruity St andErds Department w.Jtyoornuktj'naEnter.cfg 6O1 Shiril Cfek Prhwy Bryn Certer MN 5541 9 Phone: {73 -3330 1 TrY: 711 1 Fc (76) 5G9-336C BUILDING AND COMMUNM STANDARDS X-B bKLYN 5439 Camden Av N NTER Broo3c1yr Center, MN 55430 Rental License Mitigation Plan Type IV License Sections A=Cdme Free Housing Program Requirements (continuec) Phe Ill 1) Owner or agent will attend at minimum 0% 2) of the ARK meetings. The A.R.M neetings must be conipleted within the rental license period and before the pending Type IV License expiration d2t. Registration is not ruired, however you must s1gn-n during the meeting. Write two meeting dates an owner or agent plan to attend, Owner or agent will attend ARM. meetings scheduled on; cifi fri and 1)I)J [ZI 2) Have no repeat code violations previously documented with the pest year. The following aclions are required for properti with four (4) or mioriD iiniiS EZI 1) Conduct resident training annually that includes crime prevention techniques J 2) Conduct regular resident meetings. IV Lice M)itiori Plan, Re 444-1 city 1d Cent t1U Cô.rtturi1ty Standard Eeaimen1 wcitimbrnncanter.cf 6301 Shingle Crook PrkWy, r1cIyi Cri1er, MN W30 ,2199 I Phone; 33O 1 TTY: 711 1 Fc (7) 59-3360 RUING AND COMMUNITY STANDARDSCityo!BROOKLYN 5439 Camden Ave. N CENTER Broc1clyr Center, MN 55430 Renta' License Mitigation Plan Type IV License sections BLng Torn] CipffiI Improve ment Plan Based on condition and age, estimated replacement dates need to be provided for common capita items. Funding should be considered accordingly. Items that are btoken, worn, or otherwise in Violation prior to the estimated replacement date need to be replaced sooner, All items must have a date for Es timated epIaernent bate. Dates such aa: "unsure", don't know", or "When broken" will not be accepted. If you are unsure of when an item will need to be replaced, you can make a prediction based on the age, appearance, condition, or manufctureIindustry recommendations. Additional information on Expected Useful Life can be found at www.hud.ov, Item Date Last Replaced Condiflon Expected Replacement Date ExrnpFe:WtcrHeaier.My2O2O':' Furnace 2010 G 2025 Water Heater 2000 C 2020 Kitchen Appliances 20043 C 2025 Laundry Appliances Smoke Alarmst Carbon Monoxide Alarms 2015 N 2025 Exterior Ite ms Paint/Siding 2015 F 2020 Wcows 2005 2030 Roof 2035 Fence Shed ____________ Garage Driveway 2000 F 2030 - Other:___________ 'Condiflon Abbroviabonv.11 Fair--F Needs Rp1acemiR Page 415 Type IV RentaWkem-1 MoVan PYFi Rev. 44445 City of oodyacen!-iIJtht ai Ct uthy uds D-*nn1 w cthjk1nror 31 Shingle Creek Prkway rcIyn Center, Mt4 64O21 I Phn (76.3) 53-333 I TM 711 I F (7) .335i BUILD ING ZXD COMMUNITY STANDARDSCity of -BROOXLYN 49 Canideri Ave NrkIyn Center, MN 5540 Rental License Mitigation Plan Type IV Lkenso Sections C—Steps to Improve Management mid Conditions of Properly: The items in this secti1on have been proven to assist with property management and property image, The following actions are required: 7J 1) Check-in with tenants every 30-days. 21 2) Drive by property to check for possible code violations. J3)Evict tenants in violation of the lease or any addendum, [} 4) Remain current on all utility foes. taxes. assessments, fines, penaliis, and other financial claimsfpayments due to the City. J 5) Other: The following actions are optional unless required by the Ci1y, , 1) Provide lawn/snow service.E 2) Provide garbage service, [] 3) Install security system. J4)Provide maintenance service plan for appUnces. Name of service cornpany Other: If the Type IV Month Renta' License is approved by the City Council, the licensee iiust comply with the approved Mitigation Plan and all applicable City Codes, A written report must be submitted by the 10th day of each month with an update of actions being taken by the owner and/or agent to comply with this Mitigation Plan. A copy of the Monthly Update can be found on page 7. A fiUable form can be found on the City's websRe at wwc1tyo1brookiyr10eRter,Qrg or call (763) 594330 to have an electronic copy sent to you via email. Please attach additional information If necessary. Pa ge 5'6 Type IV RentBt Vcse Mtk R 444-IS City Of Center--Building and Community Sianctard tnat - 6301 Shin CrF< Prc;vy. Ercoklyn Citr, MF'i 5430.2?99 I Phone: (73)3-333o I flY: 7t1 I Fay, {735-33CO EUIUMNG AND COMMiJNIE: STANDARDS 545 Camden Ave NX ENTER BrkIyrL citr, Rental License Mitigation Plan TypG IV License Sign and Verify I verify that all information provided i true and accurate. I understand that ill do not comply with the approved Miiiation Plan, compty with all items within the license period, or operate beyond the license expiralion date, enforcement actions such as citafis, formal ccrnp1airiLs or license review may result, Jeff Benvenlste (Rantervarehouse Is my Agent Gwrw iY Agent Name and Tifa (P1aae Fdnt) J tJ1 4r4Jeff Benveniste = OwnrcrAnr kjn.atir AkwrerQr4JentName an TWe (ffbe Fese *) Mthsorw; OLVnrr naum i Da ta Cfty staff only Pc1jc D&partr1Tci]t 41ry S/12/r7 Cwntnvni St&ixi&ds Dep&imert / Date, Ty (Ve1 ne N rl RV 4441 CftyBiok1yn Center—SnUdIng and CcnmunJy Standad Departmt 6301 S&,iIa Crc Parkway, Brooklyn Center. M -2tE) Phone: 763) 663-22&) TW: 711 1 F: {30-O Oity C©mi©ll Agenda- Rem N©0 ll #2 I[O1BJ[SJ I fl N N ak'4 LA I øk'A 0) 1I gUk I DATE: June 26, 2017 TO: Curt Boganey, City Manag- FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 5201 Winchester La Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan and issuance of a Type IV 6-Month Provisional Rental License for 5201 Winchester La. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family dwelling. The previous rental license was a Type II Rental License. This property qualifies for a Type IV Rental License based on nine (9) property code violations found during the initial rental license inspection and zero (0) validated police nuisance incidents for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 02-16-2017 The Owner, Yolanda Michelle Jackson, applied for renewal of the rental dwelling license for 5201 Winchester La, a single family dwelling. 03-15-2017 An initial rental license inspection was conducted. 9 property code violations were cited, see attached rental criteria. 03-31-2017 The previous rental license expired. 04-17-2017 A second rental inspection was conducted and passed. 05-02-2017 City records indicate zero validated police nuisance incidents occurred in the past twelve months. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves time public trust [ES1IJ(SJ I I I aIhVA LA I k'À 0] t1'WI IlJJh'À I 05-02-2017 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. 05-18-2017 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. 06-05-2017 A Mitigation Plan was submitted. 06-09-2017 The Mitigation Plan was finalized. 06-19-2017 A letter was sent to the owner notifying that the hearing before the Council will be held June 26, 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 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust SIJA[IJ I fl a N MYA U'A I 3k'A 0] 1I I1IJ'A I consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people andpreserves the public trust [i[O1IJSJ I fl U V I'A L'A I Dk"A (0) 1I OUhYkl 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: e At least 75% of units will be inspected for properties with 15 or less units. o At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust EI1PJ[iJ I M M1 L!'4 I k'A (I) 1I I1lI0 I 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 0-0.3 5 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 T'Iission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [I$1lJ[iJ IU I V IYA UhYA I k'A [I] 1I WJ I Budget Issues: There are no budget issues to consider. Strategic Priorities: Enhanced Community Image Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust City of BUILDING AND COMMUNY STANDARDS OKJYN Rental License Mitigation Plan Type IV License Handwritten Mitigation Plans will not be accepted. A tillable form can be found on the City's website at www.ckofbrooklyncenter.org or call (763) 569-3330 to have an electronic copy sent to you via email. Property Address: 5201 Wincl'ies1r Lens Brooklyn Center MN 55430 Owners Name(s): Yolanda Michelle. Jackson Local Agent(s): Victci Elisison REI Property Management Owner's Address: 6333 Foggy Oak Drive Fairbvm, GA 30213 OwneFs Phone: (952) 210-8699 Owners Email: yrajackl@IlQtrnalLcQm Current Expiration Date; 3131/17 Agent's Address: 7900 International Drive, #300 Bloomington MN 55425 Agent's Phone: (512)250-3014 Agent's Email: vckle@reccm Pending Expiration Date: 9130117 (SIx months from *urrent efra1Ix) Based on property conditions andfor validated police nuisance incidents, the above referenced property qualifies for a Type IV-6 Month Rental License. Prior to application approval by the City Council a fully completed Mitigation Plan EnList be completed and approved by City staff. A Mitigation Plan must be completed immediately In order to ensure timely completion of the license application process. The Mitigation Plan should indicate the steps being taken to correct identified violations and the measures that will be taken to ensure ongoing compliance with City Ordinances and applicable codes. A Mitigation Plan allows the owner and the City to review concerns and identify possible solutions to Improve overall conditions of the property. If the Migation Plan is not submitted, and all Items are not completed within the pending license periodjI)bQye property operates beyond the license expiration date, enforcement actions such a pmplain or license review may result. 1/11)1 Before submItting, flit-out Sections A, B and C located Page 116 Type IV Rental LIcensx M4e ó?ujp, Re City of 13xook2yi Caular—BuRding and C irndly Studards Dop.rttnoet 5301 Shingle Cre&c Ferkwy, Broo'1yn Center, MM 55430-2199 I PIoe: (73i 53A) 1 TTY: 711 I Fac (75) SB9335O BUILDING A1 COPIFNITY STANDARDS BRObKLYN 201 WiitheLer Lane of CENTER 8roodyri Center MN 55430 Rental License Mitigation Plan Type IV License Sections A-Cr!me ee Ho using Progiarn Requirements - Phase I 1) Use a written lease agreement. The lease agreement shall include the Crime Free Housing Lease Addendum, A copy of the lease agreement and Crime Free Housing Lease Addendum must be attached to the Mitigation Plan when submitted. J 2) Agree to pursue the termination or lease agreement or eviction of tenants who violate the terms of the lease or any addendums. 3)Conduct criminal background check for all new prospective tenants, if it is a current tenant a new background check is not required. Must he able to provide documentation to City if requested. 4)Attend a City approved eight-hour Clime Free Housing training course. Information for approved courses can be found at wew.rnncpa.net under the Train/rig and Events tab, A copy of the Crime Free Housing Certificate must be attached to the Mitigation Plan when submitted. Crime Free Housing training was completed onris scheduled for: 12110103 Owner or agent attended/is planning to attend training at city of' B rooklyn Park J 5) Submit Monthly Update by the 1gth day of each month. Phase U 1) Complete a Security Assessment and implement improvements requested by the Brooklyn Center Police Department To sthedute an initial or follow-up Security Assessment, cull (763) 569-3344. A follow-up assessment must be completed before the license expiration date to verify the security improvements have been Implemented. If a Security Assessment has been previously completed, write the completion date. Security Assessment was completed on/is scheduled for 1114114 Security Assessment follow-up was completed on/is scheduled for: Continue Sections A. Phase Ill On page 3. Fe 218 Te Rf Rental Ucse hv ffgaU Plan. Rev. 4-14-5 City eZEteeklyn Cenie Bvilding and Community 5tand5 DeparIxnot www otyookIynritergr 501 5hirle Creek k'way, roklyn Ceitei-, MI'l 5543O21e9 1 Pi'iree: (753) S63-3330 I TTY: 711 I Fax: (753) 5ee-s0 j 1) Owner or agent wU attend at min [mum 0% (2) of the AR+M. meetings. The AR.M. meetings must be completed within the rental license period and before the pending Type IV License expiration date. Registration is not required, however you must sign-in during the meeting. Write two meeting dates an owner or agent plan t attend. Owner or agent will attend A.R.M. meetings scheduled on: 7113117 and14117 2) Have no repeat code violations previously documented with the past year. The following actions are required for properties with four (4) or more units. LI 1) Conduct resident training annually that includes crime prevention techniques. ] 2) Conduct regular resident meetings. Page 31 Type W Rental Lk&?$ Wg0on Fdr, Re 444-45 Cu7 of Th 1ynCier—fluUt1iuj and CoLnntuniky Stnd Department vwwcftyoThraotyJrtierrg 6801 $hiria Creek Parkway, arooklyr, CilE MN 543Q2199 I Pbn (73) S63-3330 I TTY 711 I Fax: (763) 569-6O B1]ThDIWG AND COMMUNITY STANDARDSCit f3BROKL 5201 WinchBter Lris - - CENTER Brooklyn Center KIN 55430 Rental License Mitigation Plan Type IV License Sections B—Long Term Capital Improvement Plan Based on condition and age, estimated replacement dates need to be provided for common capital Items, Funding should be considered accordingly. Items that are broken, worn, or otherwise in vio1aon prior to the estimated replacement date need to be replaced sooner. All Items must have a date for Estimated Rp!acernent Date. Dates such as; 'unsure', "don't know", or when broken" will not be accepted. If you are unsure of when an item will need to be replaced, you can make a prediction based on the age, appearance, condition, or nianufacturerindustry recommendations. Additional information on Expected Useful Life can b. found at wwwhud.gov . Condition Expected Replacement Date F L May 2020/V24 Item Date Last Replaced Ecamp!e Water I-loafer May 2010 Furnace Water Heater (WUV Kitchen Appflarices Laundry Appliances Smoke Alarms! Carbon Monoxide Alarms Exterior Items Paint/Siding Windows Roof Fence Shed Garage Driveway Sidewalks Other: Condition Abbavltlons: NewzN GoodG Fair--F Needs RepIacsretR Pe 4/ Type V PeN61 LkerrwMiigifFe Pla n, Rev, 44445 C1y fBeok1y Center-.-.DuUdlng And Coniumnity $tandaidr Deyairnent Viraoyncerlt9Ler9 5301 Shnte Creek Parkway, erook!yr, eiter, MN 55430-21 rie: (763) 66-533O I TM 711 I Fac(76)5936O The following actions are required [J 1)Check-in wIth tenants every 30-days, []2)Drive by property to check for possible code violations, 3)Evict tenants in violation of the lease or any addendums,!ZJ 4)Remain current on all utility fees, taxes, assessments, fines, penalties, and other financial claima!payments due to the City.El 5 Other. Tho following actions aro optional unless requited by the Clty. W1 1) Provide fawn/snow service. JJ 2) Provide garbage service. 3) Install security system, J 4) Provide maintenance service plan for appliances. Name of service company: fl 5) Other: If the Type IV-15 Month Rental License is approved by the City Council, the licensee must comply with the approved Mitigation Plan and all applicable City Codes. A written report must be submitted by the IO h day of each month with an update of actions being taken by the owner and/or agent to comply with this Mitigation Plan. A copy of the Monthly Update can be found on page 7. A fillable form can be found on the City's web site at www.cIlyofbrookIyncenter.org or call (763) 569-3330 to have an electronic copy Sent to you via email. Please attach additional information If necessary. Pope 5013 rype IVReitaHicese MWg&IOM Pn. Rv 444-u (sty ufarooklyxt Cant er—ThiThthg and CannnwilIy Stit4ats Dpartmant LdyfbkIyrenterorg6O1 5I CekFrkway, Brooktyn Conir, UN 5430-2189 I Pti (73)5G33&3O I TTY: 711 I F8x:(73-EO BUILDING AND COMMuNITY STANDARDS 501 Winchester Lane CENTER Brooklyn Center MN 543O Rental License Mitigation Plan Typo IV License Sign and Verify I verify that all Information provided is true and accurate, I understand that if I do not comply with the approved Mitigation. Plan, comply wllh all items within the license period, or operate beyond the license expiration date, enforcement actions such as citations, formal complaints, or license review may result. OwnorQrAgeft Name and 7711e Please Fth Owner orAnt Signature Dale Addithnsi thvmrorAgent Name and Tide (UAppllca1I Please PrinQ Additional OwnerrAgrt Signature (If Applicable) Date City $ff Only (Z 'Q C t 6 Po!k'e Depaxfnw,nt tDate 4ft c c74 IdI Community Stn1eids Depathnent Date Page 6M Type IV Rn!! Lkense Miggagan Plan, Am 4-14--15 City offteoulyn center-.BuildJtg and Ca-m-mmultyslaindards Department N1dyncentew 6301 Shingle Creak Pakay, eroklyn Center, MN 65430-21 j Ph'xne: (763) 66&3530 I TTY: 711 I Fax: (76) -380 City C©udli Agendla kern N©0 An #3 DATE: June 26, 2017 TO: Curt Boganey, City Mana FROM: Sharon Knutson, City Clerk V^-- SUBJECT: Type IV 6-Month Provisional Rental License for 5444 Dupont 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 5444 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 license was a Type IV Rental License issued on October 10, 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 ten (10) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. Therefore, according to City Ordinance, based on the number of property code violations, the license category remains a Type IV. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental License to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. The following is a brief history of the license process actions. Current rental license approval activities: 01-31-2017 The previous Type IV Rental License expired. 03-03-2017 The property was posted as unlicensed. 03-22-2017 The owner, Willie Lee Young, applied for renewal of the rental dwelling license for 5444 Dupont Ave N, a single family dwelling. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust i[$1PJ[* I fl N N Dk'A UhYA I IA [I) 1I 1BIYA I 04-11-2017 An initial rental license inspection was conducted. Ten property code violations were cited, see attached rental criteria. 05-11-2017 A $300 Administrative Citation was issued for renting without a license. 05-30-2017 The mitigation plan was submitted. 05-31-2017 A second inspection was conducted and failed. A permit was not pulled for the required work to finish the basement bathroom. License will not be passed until permit has been issued. A $100 reinspection fee was charged to the property. 06-02-2017 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 06-09-2017 The Mitigation Plan was finalized. 06-13-2017 A permit was pulled and issued for basement bathroom and $100 reinspection fees were paid. The rental license passed. 06-19-2017 A letter was sent to the owner notifying that the hearing before the Council will be held June 26, 2017 Prior Type IV Rental License approval activities: 05-18-2016 A Mitigation Plan was submitted. 05-24-2016 The Mitigation Plan was finalized. 06-20-2016 The owner, Willie Young, applied for renewal of the rental dwelling license for 5444 Dupont Ave N, a single family dwelling. 07-06-2016 An initial rental license inspection was conducted. Two property code violations were cited, see attached rental criteria. 07-06-2016 A second inspection was conducted and passed. 07-31-2016 The previous Type IV Rental License expired. 08-16-2016 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 08-16-2016 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. 08-19-2016 A $125 Administrative Citation was issued for not meeting mitigation plan requirements. 10-03-2016 A letter was sent to the owner notifying that the hearing before the Council will be held October 10, 2016. Prior Type IV Rental License approval activities: 01-31-2016 The previous Type IV Rental License expired. 02-19-2016 The owner, Willie Young, applied for renewal of the rental dwelling license for 5444 Dupont Ave N, a single family dwelling. 03-14-2016 An initial rental license inspection was conducted. Five property code violations were cited, see attached rental criteria. The property was posted as unlicensed. A $300 Administrative Citation was issued for renting without a license. 04-14-2016 A second inspection was conducted and passed with weather deferral. 04-15-2016 City records indicate one validated police nuisance incidents occurred in the past twelve months. Incidents were 10-25-2015, theft. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust IEI1IJ[ii I fl U IYA U I 3k'A (I) 11I IlIJh'A I 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 rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 05-18-2016 A Mitigation Plan was submitted. 05-24-2016 The Mitigation Plan was finalized. 05-27-2016 A letter was sent to the owner notifying that the hearing before the Council will be held June 13, 2016. Prior Type IV Rental License approval activities: 07-31-2015 The previous Type IV Rental License expired. 08-03-2015 The owner, Willie Lee Young, applied for renewal of the rental dwelling license for 5444 Dupont Ave N, a single family dwelling. 08-27-2015 An initial rental license inspection was conducted. Eleven property code violations were cited, see attached rental criteria. 09-04-2015 A $600 Administrative Citation was issued for renting without a license. 09-27-2015 A second inspection was conducted and passed. 10-07-2015 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 10-07-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 02-01-2016 A $125 Administrative Citation was issued for submitting a Mitigation plan. 02-08-2016 A $1200 Administrative Citation was issued for renting without a license. 02-12-2016 A Mitigation Plan was submitted. 02-22-2016 The Mitigation Plan was finalized. 03-04-2016 A letter was sent to the owner notifying that the hearing before the Council will be held March 14, 2016. Previous Tve IV Rental License annroval activities (Valid 02/01/2015 to 07/31/2015): 03-05-2015 The owner, Willie Young, applied for renewal of the rental dwelling license for 5444 Dupont Ave N, a single family dwelling. 03-30-2015 An initial rental license inspection was conducted. One property code violation was cited, see attached rental criteria. 04-28-2015 A second inspection was conducted and passed. 05-06-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 05-06-2015 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust [i[I1Ii[iJ Iflhl 1k'A U I M'A [I) t11I R1IJh'A I license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 05-01-2015 A Mitigation Plan was submitted. 05-15-2015 The Mitigation Plan was finalized. 05-18-2015 A letter was sent to the owner notifying that the hearing before the Council will be held May 26, 2015. Prior Type IV Rental License annroval activities (Valid 08/01/2014 to 01/31/2015: 09-11-2014 The owner, Willie Young, applied for renewal of the rental dwelling license for 5444 Dupont Ave N, a single family dwelling. 10-02-2014 An initial rental license inspection was conducted. Twenty four property code violations were cited, see attached rental criteria. 11-14-2014 A second inspection was conducted and failed. A $100 reinspection fee was charged to the property. 12-17-2014 A third inspection was conducted and failed. A $100 reinspection fee was charged to the property 01-21-2015 A $300 Administrative Citation was issued for renting without a license based on the 07/31/2014. 01-31-2015 The previous Type IV Rental License expired. 02-03-2015 A fourth inspection was conducted and failed. A $100 reinspection fee was charged to the property. 02-17-2015 A fifth inspection was conducted and failed. 03-05-2015 The $300 in reinspection fees was paid. 03-18-2015 A $125 Administrative Citation was issued for not meeting mitigation plan requirements. 03-23-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 03-23-2015 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 04-09-2015 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 05-01-2015 A Mitigation Plan was submitted. 05-15-2015 The Mitigation Plan was finalized. 05-18-2015 A letter was sent to the owner notifying that the hearing before the Council will be held May 26, 2015 Prior Type IV Rental License approval activities: 05-17-2013 The Owner, Willie Young, applied for an initial rental dwelling license for 5444 Dupont Ave N, a single-family residential property. 06-10-2013 An initial rental inspection was conducted. (14 property code violations were cited, see attached rental criteria) 08-15-2013 A follow up inspection was conducted and failed. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [i[I1IJ[iJ I I k'A U'A I ak'A (I) 11I IJ'A I 11-04-2013 A follow-up inspection was conducted and passed. 11-06-2013 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. 11-18-2013 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. 12-17-2013 A $125 Administrative Citation was issued for not submitting a mitigation plan. 12-30-2013 The property was posted as unlicensed. 01-09-2014 A Mitigation Plan was submitted. 01-17-2014 The Mitigation Plan was finalized. 01-17-2014 A letter was sent to the owner notifying that the hearing before the Council will be held January 27, 2014. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, Ii, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust [i[ILIMIII opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust i1PJ[J I N N I1 L'iI M"4 ES] UIWJ I 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, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [i[I1U[iJ I U I N ak' U I Mk' [I) lIJk'A I Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type 1-3 Year 1-2 units 0-1 3+ units 0-0.75 Type 11-2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust I[O1IJ[1 I V I DIL'A UYA I DI'4 (I) t11I 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 5444 Dupont Ave N Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 5444 DUPONT AVE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 5444 Dupont Ave N, was issued a Type IV Rental License on October 10, 2016; and WHEREAS, the property qualifies for a Type IV Rental License based on the number of property code violations (ten) 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 5444 Dupont Ave N, Brooklyn Center, MN. 26, 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 AND COM2TYSTAM>ARDScity CI RnLI MltIn Ra n - TVLIris ndwrttn tfon' IWM W11 nof tiep A fbI& irfl fir4 on the Cftf a v crir,prg or rAill I?i O-2.33O to hr.- EA eIe1iini nL1t ProperlyAWFen , 5411 CIi*i1 A. N 6rtin OTr Maniift Wia ibir Qkaq d f)2 Md r;; fT P. B--,, zi M Sn Pøi1, VIIN MA4] Ciir' Ptic'rie; ir, i a . Frniil; wThcuri1 '±mr4Lco, CuriSit E.çira1ii DI1: I 5.1 LtF Ari{* Fr4r W-i 'eril IrEE-_ 1zii1 P.i:iii.iUi 1r.I SU49 100Eriu Pr.rivr, M1 !47 !i1; Phcwir; u:401-w.'L'u )gerTh Euriafl. nin E IrIIon D.ai I!;i) rIIf rrrLI.,. bn .LT.TTi I! r L., Rird.rn prcpr't' cJrdi.cri5 ar 1'.&"VEIliJE1 ,1 crI iuiafuc iriddi-iI;, r9k'r.ri'?.•J prierIy quIir. foe o Typ NG ?:nlh P..cril I.iozin. Prr ic .E:apllE1Ic1 2prc'aI by IFie CiIi MilIg.fl:ci rlai ri:us! be riiItd ned itppTowd L' Cit,.tif, A rh1liqal,rl Plan rni.;i hi cxsTpluM immEdiallOy in crdEF• r1Ufe 1iiiI IIIrlpIiDrl4f t:-Io Ii.insa EipplIC.lictn prccess. Tr M1iit?un PIri Maidd iriiik! L?c p!!belre. in W c.'Tet '1E•fl;:iiiiJ r z!$ur.I!!.1h51 cilli be taken 10 EivJr&c(I!:4rI1 irin.ilh CiIyQrnirc. .E.i'l '.11ctJ.e ci.. A MffipUan Plan lhi nd lti C11, to r'! 1':p.c'1crrr fLrJ ide n16,r -'hIr. ts ohWons M I ^Urimle Envurali1 'riluii 01 the prL_LrIr If r 4iIia1r, Pla n V r OF L.SI I kJ ..sid ..Y iii r flL1 rrJrrl1IL'd 'ilhir thE 'HrIJlm l'En pri rcirLhi u.i p. priy4.clp e ra tas L'1' urd Ifte licarrseexrks Elon ni mrafteffriewto rrcr r• ritji 'p 11411 il i pl. ri o f i Hay rL..ulL t 1 \. .' ,.. 64L brnL11Ir q fit aw StIDn Ii', F and ( lGc aUd on p es.' , LJ ri' gn1! LIcL pj: CEiy otEr aa kJym Ctu uEli" &nd CouiILy su ma sS4DR,tr Ft -z1u J - IIX Th COMMUNITY ST1DADS rtrit BkpiCnIr, M4 U1tt LIeft Mti$iqii Plpf Type FV Umise Seinfibms A-Crnre Fred Ips Ing Prgxzn qp PFJ 1) Mm a wntlen Wase reiprit. The lease agrEementtl lttdwa lhe rrirn Fiij Houirg Lwea PAkridum- A copy of t1i iltd GHmE From uhi Lamie .d 1thmifi mu at b 1h t* th MiigI Pz w1in uwiIt4 X 2) Ar to pie the tirmiIitjjn c e Efr ennE evictfrri oF r4 'l-w dvj LE rra P1!h5 r nthirrt I Z odut na1bmLrnd kkciII IMISSCurrEnt b3ri.nta rwwbEkrour1 hth nr'i r&qurd. Mtlb to City A1IerI a!y pr' 4 i4f Cri- F Hui bir,!n cur. Inorn9E1n kr prc#d wumss mn b nil a w.rum.n.&I untlee 1h A c-qpy cf the CrImQ Free HousIng CorlIftcate must be attached to lhe Mitin Kan awbtmiff d.1?Criirr2 Fie HouIn9 Iralning was owyVielel Oih&JLJd fce.If i I 1rir c izigum Blbandedris4innir o attend Irainlrig atcLy a li?II 51 Sul!fffit MofiffilyJdIl! 4v the jJrirth niomih, Phase II jJ 1) Corn3b url Ae9Errnl ri vipI ntfrirn.ernnk by1I aicikIyn ri PciIi rrnr'1, To sr an IrittlEii or follow up Securily Arii&1, AIwip nitnu1 be completedi before thm Itcemse. eprtOn delato FIPJ1h ctity iMpAwd mftmW t-twc Implemented. Ifs Erii h ri i-iMrju* ptedmite tile don date- Sacudty,Awessmenlihas OflpIE1Ei1 anAsscredwedfor UmirilYAssessmunt FiIkw,-jp was mmpinEd ciriiI hEiJuid J 47 ) CDLtrnUD SaWons A. Phme MI on page 3. Typ c, (V Ha rUliltm-o All:jui:Ai P-6 ii, P-44 MeyCJArvf3 tl5 yU—dJn iiCPimiTlVdwst1aktm'Iit 1kFiui u E21J1 P E1iJi I I Tn: TM I Fc I]]& BUILDING AND COMMtNtTt ThDARDS - Rental L1CrI Milhoh Flri A—thrrn Free ipu qir hi Phme 101 ft t rrThiinium 5 The ARM -MOIA-1-PBs munk he cirnpfrjtd Itfln the rental Ncemse period artd beft3ra $h pUbding Type DV Lift iniOñ 'dm1. Ri*in is noE required, h#'ier you mjjj.i irn duing thr. mwOng, Write toD ma Uh g dekes aii cwne n l Nner at1etid. .' or giii will BThr1 A- R. lir h±,.ilcJ 2 1i-ra'ia no rpa cd v1L1or 1ouj JrnI '.iMli 111P, Thg fbwng are rqirired fair properiles '11'áth th'u {4) ot moit unit. fl i CUUt ffesidesit lri(iiñ irilI' tbot iindVts crime -ibn technques. 2) Coridut regular rk1erit riiee1ir p'PIkjFAWU, AYN. 4-$.i cw' ir]dy ior—uLaL n G ntuxilEy w.' PIN TTY ; T 1 L BUILDING AND COM4TU IT? TARDS Rental Lime Mltfffi P]ai Ucensa ctri :N1 if'iLiE'i aild IirmIrIl t.pLc rnmi dofts LPead to b? pc'o!.ddd for o warflan capI itrn. Fund-ng BhJId be Ides'd Ermordingly. I l ems Lhalare. brnhrn, wwn i in iIiii ric.0r) lhmesil irromd r'ip'nisn cWte need to tie repracedcner. 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Name of sjarilce onipr CDfl&f PI24!YIii']jDA 5 Mhijr, if Ito Typa IV-6 Mün1I ReflI LIn is biii- CliyCurll ale Iii rtij1•yiti 1 he ap pTo1jr-o-d M 11 tn P1ei and La WaffIR-'i' Gor. Awritlri rt tnt Ubrniod b4thçVV'daych in wltl'i an update f .1cIq being tkri byMe awner &dMr agent to CbMiply wiEb thN Mitigadign Plan. A ccipy of 1te flthIyJ1..1dii cn b found on page 7. A fllibl&l rniti 1cund on ihe1t"s webHi 81 WA it rgcicIyqc.rit9r,or or call{7) 569-333D lo hawa nU 4rnsiL Pe1ih jnzi inf witIon 'naaaaiy. 7 iv P.arLilJ Lnm OATV,fkc' Mn '4$-i VLW!1 flÜ1y x—I]dn !4 tY1I7 flft1nLL1W1 ih C P,irkvr,i. Edii COV EW, 4-2i I P4- i rrr 7HE Fkti&i M ING AND COMMUN1ffSTANDARDS O OTYN I Du- M NCENT=ImnCr, PAH 554i Ritn Lljige Mifig afi*h Plan Type IV Lleie iyn nriVrIf' I Yeift Thl all ii prd'zd is true and scour I LiJ rir.i that If 'do ni1 crnp1' itFi [hoppxwoM Plan, ciply iLi i!P kni -Aithin tie IIsntperd, biyondihIicneiIir 1fCITCETTI3flt 3Cfli1. stjth a fjrrrt npIn1.. r lin n1/ MJJIL Al Be I", u aj- E2thfl17 R e nl e rs Wamh o u ro ?t'' rrnti'a ?TØi 1A fflJ &1R ffti7 / —.- Pu L C.L' rirn ----;- --- 1ril-- - '] .. [L.LqXl C11nhluIAry NrA V^^ Jj iw []ya 001 I P I rr7ii Work Sssm Agriiithii AGENDA CITY OF BROOKLYN CENTER CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION June 26, 2017 Immediately Following Regular City Council and FDA Meetings Which Start at 7:00 P.M. City Hall Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the podium. ACTIVE DISCUSSION ITEMS 1.Brooklyn Center Housing Commission New Neighbor Program Coupon Policy 2.Water Treatment Plant Project Finalization Update 3. Community Dialogue PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1.Water Meter Failure Update 2.South Opportunity Site Development 3.Conducting City Council Business Electronically 4.Panhandling Regulations 5.Food Trucks Update 6.Branding & Identity Update 7.Liquor Licensing Update 8.Policy regarding Commercial Filming within the City limits W©k S©sskrn Agend2i ll©rn N©0 1 k'A I MA (I) t1II I1II S1II[J I !,LI) ti I *fJ (0)l DATE: June 26, 2017 TO: Curt Boganey, City lr^^ FROM: Jesse Anderson, Deputy Director of Building and Community Standards Department/HRA Specialist .0^ SUBJECT: Brooklyn Center Housing Commission New Neighbor Program Coupon Policy Recommendation: It is recommended that the City Council consider providing direction to staff and the Housing Commission regarding a New Neighbor Coupon Policy. Background: The New Neighbor Program was established by the Housing Commission in 2010. The Housing Commission assembles and delivers welcome bags to new Brooklyn Center residents. Over the past 7 years of the program the Housing Commission has received multiple requests from local businesses to provide promotional items in the new neighbor bags. It is the opinion of the Commission that adding free promotional items would help to promote local businesses as well as improve the contents of the New Neighbor Bag. The Housing Commission has discussed this issue and is requesting approval from the City Council on the following policy. In an effort to encourage new residents to shop within the Brooklyn Center community and become loyal customers, coupons would be welcome from any business or service provider in Brooklyn Center (or who provides that service in Brooklyn Center) subject to the following terms: 1.Coupon must be for a completely free item or service. There cannot be strings attached nor contract for service required for a resident to obtain the free item. For example, "Come in for a free cup of coffee at Business X" would be acceptable; an unacceptable offer would be "Buy one entrée, get one free entrée." Coupon may specify, "One free item per household" or other quantity limits as business deems appropriate. 2.Coupons will be of uniform size. The cost for placing the coupons, design and printing will be at no cost to the businesses. Coupons cannot have an expiration date. 3.No other forms of advertisement or independent marketing materials will be accepted for the new neighbor bags. 4.The Housing Commission reserves the right to refuse any offers that does not meet the intent of the New Neighbor Bag Program. Mission: Ensuring an ailmdilve, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust k"A I 3k'A (I] t1I P1IJ I1IK'[* I !i'LI] 1 J aE1I1 (I)I The following motion was passed by the Brooklyn Center Housing Commission on February 21, 2017: The Brooklyn Center Housing Commission recommends that the City of Brooklyn Center initiates a New Neighbor Coupon Policy and recommends the City Council review the program. The Brooklyn Center Housing Commission supports this program and believes it would be valuable to Brooklyn Center Residents. Policy Issues: During a Council Worksession discussion on April 26, 2010 it was stated by the City Council that the Housing Commission should not solicit funds for the city. Strategic Priorities: Inclusive Community Engagement Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust Letter from Housing Commission rn cirv orBROOKLYN CENTER ea A GREAT PLACE TO START, A GREAT PLACE TO STAY May 15, 2017 Brooklyn Center City Council 6301 Shingle Creek Pkwy N Brooklyn Center MN 55430 Dear Council: www.cityofbrooklyn center.orçj The Brooklyn Center Housing Commission would like to request that the City Council consider the proposed policy relating to the new neighbor program. The Housing Commission has received many requests from local businesses to include items in the new neighbor bag. It is the opinion of the Commission that adding free promotional items would help to promote local businesses as well as improve the contents of the New Neighbor Bag. The Housing Commission has discussed this issue and is requesting approval from the City Council on the following policy. In an effort to encourage new residents to shop within the Brooklyn Center community and become loyal customers, coupons would be welcome from any business or service provider in Brooklyn Center (or who provides that service in Brooklyn Center) subject to the following terms: I. Coupon must be for a completely free item or service. There cannot be strings attached nor contract for service required for a resident to obtain the free item. For example, "come in for a free cup of coffee at Business X" would he acceptable; an unacceptable offer would be "Buy one entrée, get one free entrée." Coupon may specify, "One free item per household" or other quantity limits as business deems appropriate. 2.Coupons will be of uniform size. The cost for placing the coupons, design and printing will be at no cost to the businesses. Coupons cannot have an expiration date. 3.No other forms of advertisement or independent marketing materials will be accepted for the new neighbor bags. 4. The Housing Commission reserves the right to refuse any offers that does not meet the intent of the New Neighbor Bag Program. The following motion was passed by the Brooklyn Center Housing Commission on February 21, 2017: The Brooklyn Center Housing commission recommends that the City of Brooklyn Center initiates a New Neighbor coupon Policy and recommends the City council review the program. The Brooklyn Center Housing Commission supports this program and believes it would be valuable to Brooklyn Center Residents. Thank you for your time and consideration. Sincerely, Mark Housing Commission Chair City Hall Community Center Police & Fire Departments 6301 SinTe Creek Pukway 6301 Shingle Creek Parkway 6645 Humbcldl Avenue Nnh cekiyn Center, MN 55430.219 Brco!dn Ceter. MN 55430-2199 Brooklyn Center, MN 65430-19537635533300 Fax: 763.5832494 763850.3100 -Fax: 763.5692434 763.569.3333 Fax: 763.531.0717 Current New Neighbor Bag Content &fLIL t•? Welcome to the City of Brooklyn Center! This totewith community materials has been providedto you bythe Brooklyn Center Housing Commission and local partners. We hope this information is useful as you settle into the community. Residents highly rate our quiet neighborhoods, excellent parks and trails system, and convenient location with easy access to important places. Check outthe new resident coupons forthe Community Center andthe Golf Course. For more information about Brooklyn Center orif you have questions aboutthe New Neighbor Welcome Program, please call City Hall at (763) 569-3300 orvisit thewebsite at www.cityofbrooklyncenter.org . What's J.aiJ;l: New Neighbor Welcome Letter > QuickReferenceGuide > Current City Watch Newsletter MN Voter Reg istrationApplication > Brooklyn Center Shop, Eat, & Meet Volunteerto Serve Brochure > 12 Ways to lmproveYour Neighborhood Brochure - NeighborhoodWatchlOnline Services Card > Home Improvement Programs Card Hiring a Residential Contractor Brochure > Permit Information for Home Improvements Brochure Recycling Guide and Recycling Pick-up Schedule > Centerbrook Golf Course Coupon -Community Center Coupon > Guideto Good Neighborhoods Brochure > Brooklyn Center Health Resource Center Brochure Community Corner(BC School District)Brochure Parks & Schools Map >School District Boundary Map > It's the Law Curfew Information Card > View & Pay your Bills Online Disclaimer: Information in this tote is provided as a courtesy and some materials were not created by the City. For the most up-to-date materials and information, please contact the authors of the materials. Brooklyn Center City Hall 8301 Shingle Creek Parkway, Brooklyn Center, MN 55430 Ph: (783) 569-3300 gjç (763) 56934ww.',cyoforoncenter.c Sample Coupon Suzie's Coffee Emporium 55 JavaTrail, Brooklyn Center • open 6-4 daily Welcome to the Neighborhood Suzie's Coffee Emporium would like to welcome you to Brooklyn Center and in you to come in and enjoy a free cup of coffee on us! One free cup per coupon • No expiration Presented by: Jesse Anderson, Deputy Director of Building and Community Standards Background New Neighbor Program started in 2010 Bags are delivered to new residents who own a home in Brooklyn Center The bags contain brochures and handouts with helpful information. Council Consideration The Housing Commission would like to requests approval from the City Council to include Business Coupons in the New Neighbor bags. Completely free item Uniform size No expiration Must provide service to Brooklyn Center Residents Sample Coupon Housing Commission Recommendation The following motion was passed by the Brooklyn Center Housing Commission: The Brooklyn Center Housing Commission recommends that the City of Brooklyn Center initiates a New Neighbor Coupon Policy and recommends the City Council review the program. The Brooklyn Center Housing Commission supports this program and believes it would be valuable to Brooklyn Center Residents. New Neighbor Program Coupon Policy Questions? Work kn gendn I[tm N©0 2 PhYA I ci) 1I PIUh"A i1i1IJ[iJ I i'LS] 1 W1 FI'J (ik'I DATE: June 2O,2017 TO: Curt Boganey, City Maria g FROM: Steve Lillehaug, Director of Public Works/City Engineer '_ SUBJECT: Water Treatment Plant Project Finalization Update Recommendation: It is recommended that the City Council consider providing direction to staff regarding the upcoming final project close-out for the 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. In preparation of the final completion and closing out the project, the following draft summary of the project finances is provided: Project Costs: COSTS As Original Award Contract $18,066,120.50 Change Order 1 (approved) Change Order 2 (pending) Total Revised Contract $18,066,120.50 DRAFT As Final $18,066,120.50 $ 114,727.00 $ 203,509.80 $18,384,357.30 Contingency $500,000.00 $206,120.63 Engineering (Bolton & Menk) (pending)$1,131,500.00 $1,263,090.08 MCES SAC $132,732.00 $141,645.00 Other Admin/Legal/Engr.$150,000.00 $140,631.71 Total Estimated Project Cost $19,980,352.50 $20,135,844.72 The project is expected to slightly exceed the estimated budget amount by approximately 0.79 percent. Notable remarks and explanations pertaining to the project costs are as follows: Change Order 1 was approved by the City Council on February 13, 2017, to add an air pressure relief system, chamber overflow, bypass piping and valves within the observation chamber in the lobby to address the experienced flooding issue and to provide additional safeguards from potential flooding and maintenance issues. Change Order 2 is currently pending, awaiting confirmation of final project contract costs. Change Order 2 is a final contract change order that adjusts the final project contact amount to reflect all change orders, work orders and contract allowances, estimated to be a net additional amount of $203,509.80 (in addition to the amount of Change Order 1 above). This Change Order has not yet been formally approved but is expected to be presented to the City Council for final consideration in July 2017. Mission: Ensuring an attractive, clean, safe, inclusive corn/nun/ti , that enhancesances the quality of life for al/people and preserves the public trust Ih'A I ak'A 0] 1II iIJ'A EI1IJ[i1 I !YLI] 1 rj 1*f1 (I]I o Engineering performed by Bolton & Menk, Inc., (BMI) exceeded the budgeted amount by $131,590.08. The City Council is considering the amendment to the BMI Professional Services Agreement for the additional fees under separate action item on June 26, 2017. Of further note, an allowance of $30,000 was included in the contract to modify the chemical feed equipment system to feed ammonium sulfate, should it become warranted. This is the system that would switch the drinking water disinfection methodology from "break-point chlorination" to a "chloramination" process. Currently, this determination has yet to be made dependent on the continued evaluation of the drinking water system that is expected to be completed within the next couple of months. At this point, it is recommended to proceed with closing out the project without using this allowance, and should it become warranted in the future, proceed with adding the additional chemical feed equipment by funding it directly out of the water fund budget. Additionally, BMI and City staff is continuing to work on addressing some humidity and radon gas issues within the facility that may warrant further improvements. Similar to above, it is recommended to proceed with closing out the project, and should further investment become needed, proceed with funding any needed improvements directly out of the water fund. Project Revenues: REVENUES PFA Loan Water Fund Operating Budget (SCADA) San. Fund Operating Budget (SCADA) Sales Tax Capital Refund CenterPoint Energy Rebates Xcel Energy Rebates Miscellaneous Reimbursements Total Estimated Revenues DRAFT As Original Award As Final $19,662,352.50 $19,619,883.10 $ 34,000.00 $ 39,163.40 $ 34,000.00 $ 34,000.00 $ 250,000.00 $ 243,160.70 $ 2,500.00 $ 51,485.00 $ 145,652.52 $19,980,352.50 $20,135,844.72 Summarizing the revenues, the noted rebates from both CenterPoint Energy and Xcel Energy were obtained and were not part of the original project budgeting. Miscellaneous reimbursements for project expenses were either received or are expected to be received from the following: the chemical supplier who agreed to pay for damage that occurred to some chemical feed lines; from Knutson Construction Services for damage to City signs that were repaired by the City; and from BMI for their negotiated responsibilities of certain work orders and/or other work items as explained in the Amendment to the BMI Professional Services Agreement consideration item under separate action item by the City Council on June 26, 2017. It should be noted that while the project cost as a whole is slightly over budget, the City revenues and needed PFA reimbursements are slightly under budget due to the additional non-City revenue sources. Policy Issues: Does the City Council support the final close-out work plan for the Water Treatment Plant project? 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 th'A[I] lWI IlPJh'A I1IJ[iI I 1ALI] 1 ) EfI (IAI Strategic Priorities: Key Infrastructure Investments 7VJission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust W©rrk Sss©Irll Agenda I[tm N©0 3 MEMORANDUM COUNCTh WORff( SISSON ( DATE: June 26, 2017 TO: Curt Boganey, City Mana FROM: Reggie Edwards, Deputy City Manager SUBJECT: BC Community Dialogue Recommendation: It is recommended that the City Council consider directing staff regarding conducting initial "Community Dialogue" sessions. Background: Historically, the City Council has structured council meetings in a manner that permitted residents to speak on various issues during the start of the City Council's meetings. This structure was created as a means to provide opportunities for citizens to communicate directly with the City Council. In 2012, the City Council established the City six strategic priorities of which the following two were included: • Citizen engagement • Improving the Image of the City On January 22, 2017, the City Council and City Manager received an email from a citizen expressing her desire to partner with the Council to affect change in the City and improve its reputation. On February 13, 2017, the City Council expanded the time and structure for residents to discuss current issues. The Council discussed the need and desire to create a method for ongoing dialogue with residents outside of the City Council regular meeting structure. On February 27 t" attachment E), the Council discussed their desire to engage citizens in a dialogue process. Council directed staff to develop a recommendation for moving forward with regard to a community dialogue process. On April 10"', staff presented a community dialogue concept including: values, desired outcomes, and various methods and approaches to the Council. The Council reached consensus and directed staff to move forward with looking into options to hold listening sessions with the public using the values and desired outcomes presented by staff. Attached for the Council's review and consideration is an outline for an initial Community Dialogue (Listening) process that includes three optional days for participation by residence. Residents may participate in one of the three optional sessions. The dialogue sessions will be the same or follow the same format. Council may choose to attend all three sessions or any number of sessions at the Council's discretion. 4Iission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and piesen'es the public trust IkYA I DIhY'A (I) t1i1hI OPJ'A ic(O1IJ[iJ I!ALI) E1 (I)I The sessions will be facilitated by an external facilitator and staff. Food and child activities/childcare will also be provided to participants. The optional days, central location, food, and childcare are all strategies to help with the sessions in being inclusive, encouraging greater participation and mitigating barriers that may cause residents not to participate. Policy Issues: 1.Is there a consensus of the Council regarding the community dialogue process 2.Is there a consensus of the Council regarding the dates and times of the community dialogue sessions? 3. Is there a consensus of the Council regarding moving forward with the proposed process? 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