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HomeMy WebLinkAbout2017 09-11 CCP Regular SessionAGENDA CITY COUNCIL STUDY SESSION September 11, 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 Media Training (6:00 p.m.) 2.City Council Discussion of Agenda Items and Questions 3.Miscellaneous 4.Adjourn CITY COUNCIL MEETING City of Brooklyn Center September 11, 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 podium. 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.August 21, 2017— Joint Work Session with Financial Commission 2.August 28, 2017 - Study/Work Session 3.August 28, 2017 - Regular Session 4.August 28, 2017 - Work Session b. Licenses C. Resolution Adopting a "Request for Proposals; Safety Program Support Services and Training" d. Resolution Authorizing Advance from the Municipal State Aid (MSA) Street Fund to Supplement State Aid Construction Account Funds CITY COUNCIL AGENDA -2- September 11, 2017 e.Resolution Adopting Amendments to the Fund Balance Policy of the Brooklyn Center City Code of Policies f.Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees g.Application and Permit for Temporary On-Sale Liquor License Submitted by The Loppet Foundation for an Event to be Held at Surly Brewing Company, 4811 Dusharme Drive, Brooklyn Center, on October 21, 2017 h.Resolution Accepting Bid and Awarding a Contract, Community Center Mechanical System Improvements Project 7.Presentations/Proclamations/Recognitions/Donations —None. 8.Public Hearings a.Proposed Special Assessments for Delinquent Nuisance Abatement Costs and Delinquent Administrative Fines/Citations —On August 14 2017, the City Council called for a Public Hearing to be held September 11, 2017; notice was published in the official newspaper on August 24, 2017. Resolution Certifying Special Assessments for Nuisance Abatement Costs to the Hennepin County Tax Rolls Requested Council Action: —Motion to open Public Hearing. —Take public input. —Motion to close Public Hearing. —Motion to adopt resolution. 2. Resolution Certifying Special Assessments for Administrative Fines/Citation Costs to the Hennepin County Tax Rolls Requested Council Action: —Motion to open Public Hearing. —Take public input. —Motion to close Public Hearing. —Motion to adopt resolution. b.Proposed Special Assessments for Delinquent Public Utility Service Accounts —On August 11, 2017, the City Council called for a Public Hearing to be held September 11, 2017; notice was published in the official newspaper on August 24, 2017. Resolution Certifying Special Assessments for Delinquent Public Utility Service Accounts to the Hennepin County Tax Rolls Requested Council Action: —Motion to open Public Hearing. CITY COUNCIL AGENDA -3- September 11, 2017 • —Take public input. —Motion to close Public Hearing. —Motion to adopt resolution. 9.Planning Commission Items a. Planning Commission Application No. 2017-008 Submitted by Mike Seery, on Behalf of SP Brooklyn Center, LLC Requesting Approval of the 4th Amendment to the 1998 Planned Unit Development for the Regal Road Development Relating to Business Uses Allowed at the Regal Retail Building Located at 615 66th Avenue North —The Planning Commission recommended unanimous approval of this Application at the August 31, 2017, meeting. 1. Resolution Regarding the Disposition of Planning Commission Application No. 2017-008 Submitted by SP Brooklyn Center, LLC for Amendment No. 4 to the Regal Road Development 2nd Addition Planned Unit Development Requested Council Action: —Motion to adopt resolution 10.Council Consideration Items a. Consideration of Type IV 6-Month Provisional Rental Licenses 1.5325 70th Cir 2.6014 Girard Ave N 3.5600 Judy La 4.Resolution Approving a Type IV 6-Month Provisional Rental License for 904 53rd Ave N 5.Resolution Approving a Type IV 6-Month Provisional Rental License for 6718 Colfax Ave N 6.Resolution Approving a Type IV 6-Month Provisional Rental License for 6765 Humboldt 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 EDA MEETING City of Brooklyn Center September 11, 2017 AGENDA 1.Call to Order —The EDA requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet, including EDA (Economic Development Authority), is available to the public. The packet ring binder is located at the podium. 2.Roll Call 3.Approval of Agenda and Consent Agenda —The following items are considered to be routine by the Economic Development Authority (EDA) and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which event the item will be removed from the consent agenda and considered at the end of Commission Consideration Items. a. Approval of Minutes 1. August 28, 2017 - Regular Session 4.Public Hearings a.Resolution Approving Purchase and Redevelopment Agreement and Conveyance of Certain Property Located at 5315 James Avenue North —Oh August 14, 2017, the EDA called for a Public Hearing to be held September 11, 2017; notice was published in the official newspaper on August 24, 2017, Requested Commission Action: —Motion to open Public Hearing. —Take public input. —Motion to close Public Hearing. —Motion to adopt resolution. b.Resolution Approving Purchase and Redevelopment Agreement and Conveyance of Certain Property Located at 5301 James Avenue North —On August 14, 2017, the EDA called for a Public Hearing to be held September 11, 2017; notice was published in the official newspaper on August 24, 201:7 . Requested Commission Action: —Motion to open Public Hearing. —Take public input. —Motion to close Public Hearing. —Motion to adopt resolution. EDA AGENDA September 11, 2017 5. Commission Consideration Items a.Resolution Approving and Authorizing the Execution of a Letter of Intent to Sell the -Properties Located at 6101 and 6107 Brooklyn Boulevard Requested Commission Action: —Motion to adopt resolution. b.Resolution Approving a Fourth Amendment to Development Agreement (Shingle Creek Crossing Project) Requested Commission Action: —Motion to adopt resolution. 6. Adjournment AGENDA CITY OF BROOKLYN CENTER CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION September 11, 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 —None. I1ihIIi I S [IVLiJUIJ U fll'i'L$) UCI (I)I Later/Ongoing 1.Liquor Licensing Update - September 2.Everybody In Update - September 3.Affordable Housing Policies - September 4.Conducting City Council Business Electronically - October 5.Policy Regarding Commercial Filming within the City Limits - October 6.Legislative Agenda - November 7.Food Trucks Update - November 8.South Opportunity Site Development 9.Community Dialogue Follow-up 10.Brooklyn Boulevard Corridor Update City C©miinil Agenda ]Item 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 AUGUST 21, 2017 CITY HALL - COUNCIL CHAMBERS I.CALL TO ORDER The Brooklyn Center City Council met in Joint Work Session with the Financial Commission and the session was called to order by Mayor Tim Willson at 6:31 p.m. Mayor Tim Willson and Councilmembers Marquita Butler, April Graves, and Dan Ryan. Also present: City Manager Curt Boganey, Finance Director Nate Reinhardt, Fire Chief Jeremy Hulke, Police Chief Tim Gannon, Business and Development Director Gary Eitel, Deputy Director of Building and Community Standards Jesse Anderson, and Deputy City Clerk Rozlyn Tousignant. Councilmember Kris Lawrence-Anderson was absent and excused. Others present were Financial Commissioners Jeffrey Dobbs and Dean Van Der Werf. Commissioners Rex Newman, Anna Burke, Tia Hedenland, Teneshia Kragness, Abate Terefe were absent. II.APPROVAL OF AGENDA Councilmember Ryan moved and Commissioner Van Der Werf seconded to approve the agenda. Motion passed unanimously. III. 2017 GENERAL FUND DEPARTMENT BUDGET REQUESTS a. FIRE Mr. Hulke provided an overview of the Fire Department and the requested budget for 2018. Mayor Willson inquired about the Fire Department's hiring push. Mr. Hulke stated that it has been one of the most successful hiring initiatives the Department has had to date. Councilmember Ryan inquired about the vehicle replacement and the funding schedule. Mr. Hulke explained that by doing this, the City will have money set aside to plan for repair/replacement of Fire vehicles. Mr. Boganey illustrated how other Departments have in the past evaluated the need for a vehicle designed for the use of the Department and/or position. Commissioner Dobbs inquired if the Department is looking into any technology to advance response time. Mr. Hulke explained that the response time lags are typically due to the need and 08/21/17 -1- DRAFT speed of on call firefighters. Mayor Willson followed up by asking if Mr. Hulke or Mr. Gannon have seen any issues with first responder times. Mr. Hulke responded that when firefighters are not on shift, they don't respond to medical calls. Mr. Gannon responded that the Police Department hasn't seen any negative impact. Commissioner Van Der Werf inquired where the day-time staff is located. Mr. Hulke responded that the four staff members are stationed at the West Fire Station. IL. Mr. Gannon provided a presentation on the Police Department, its mission statement, and the proposed budget request for 2018. Councilmember Graves inquired about police reports and whether or not the Council would have access to. Mr. Gannon stated that at certain times, with particular cases, the information would be provided to Council. Councilmember Graves clarified that the interest was more in comprehensive numbers. Mr. Gannon stated that it is important to consider context along with numerical reports. Mayor Willson inquired about body-worn-cameras and recording devices attached to guns, which would automatically start recording. Mr. Gannon replied that at this time the City of Brooklyn Center Police Department wants to perfect the use of body worn cameras and wants to minimize failure on body worn cameras before moving on to new technology. Councilmember Butler asked about holding MAC meetings outside of the Police Station. Mr. Gannon responded that the Department is looking forward to doing that and shared several more ideas to further engage the community. C. COMMUNITY DEVELOPMENT (formerly Business & Development/Building & Community Standards Mr. Boganey presented the 2018 Community Development proposed budget to the Council. Mayor Willson asked if the City has contacted the owner of the Jerry's Food site regarding the City's potential to market the site. Mr. Eitel stated that conversations should start with the broker to bridge a partnership with the owner. Mayor Willson inquired if there are any initiatives that the City can take to motivate a sale or development with the Jerry's Food site. A discussion was held regarding the location. Councilmember Graves expressed an interest in seeing more mom and pop shop developments as opposed to more "big-box" developments, especially in regards to the Strategic Priority of Resident Economic Stability. Mr. Boganey responded that an obstacle for smaller developments is that developing something new on vacant land typically is not affordable for smaller/local businesses. 08/21/17 -2- DRAFT Mayor Willson addressed residents' concerns regarding a particular apartment building within the City. Councilmember Ryan congratulated the City Staff's method of handling code violations and rentals, and stated that residents seem to not be as negatively emotionally charged regarding these issues. I Lt_ iIIIII 1 IU 1U iIifli flI[uIKI)F1 IL I1 - I I MEETING)IJ I c. OCTOBER 2, 2017 - SPECIAL REVENUE/DEBT SERVICE/INTERNAL SERVICE FUNDS II I i'i III II Iii iiei 31 'LS)1 r i$'f.i (I]i II] m i1'aYAuJ a. ENVISIO SOFTWARE Mr. Reinhardt gave a brief follow-up of the Envisio discussion that took place at the previous Joint Work Session meeting. V. ADJOURNMENT Councilmember Graves moved and Councilmember Graves seconded to adjourn the Work Session at 8:53 p.m. Motion passed unanimously. 08/21/17 -3 DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPfN AND THE STATE OF MINNESOTA STUDY SESSION AUGUST 28, 2017 CITY HALL - COUNCIL CHAMBERS RtIii]IH]1tt1 The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:00 p.m. Mayor Tim Willson and Councilmembers Marquita Butler, Kris Lawrence-Anderson, and Dan Ryan. Councilmember April Graves was absent and excused. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Finance Director Nate Reinhardt, Acting Director of Public Works Mike Marsh, Director of Business and Development Gary Eitel, Director of Community Activities, Recreation and Services Jim Glasoe, City Attorney Troy Gilchrist, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. I1l*!LEIiIJ[I1 City Manager Curt Boganey announced that CCX was not available tonight so media training will be deferred to the next Council meeting. I(S]1I Councilmember Ryan requested discussion on Item 6c, a Resolution Authorizing the Issuance of Special Permits for Extended Sales Hours for the 2018 Super Bowl. He noted staff recommends the adoption of this resolution and asked where the request comes from. Councilmember Ryan stated his concern is the recommendation to extend sale hours until 4 am. City Manager Curt Boganey stated an Earle Brown Heritage Center (EBHC) user would like to host a Super Bowl party and made the request. Councilmember Ryan asked if another user comes forward with a similar request, would the City Council have to consider approval. Mr. Boganey answered in the affirmative if it is a qualified applicant. Councilmember Ryan asked if the Police Department had reviewed this request or had concerns. Mr. Boganey stated the Police Department reviewed this request and had no objections. I I] K!UII) [IJI1iXff .11] MISCELLANEOUS m hiI,] 1 ] I hSi Mayor Willson referenced his e-mail dated August 18, 2017, related to a Wikipedia definition of 08/28/17 -1- DRAFT aggressive panhandling, noting he had not found similar panhandling ordinance language in the City's ordinance. He noted the Police Department considers it to be a nuisance and he thinks this language would provide a guideline of sorts. Mayor Willson stated he supports direction to the City Attorney to review this language to determine whether it is applicable, would hold up in court, and render a legal opinion. Councilmember Butler stated the City Council had discussed signs and asked if that will be pursued. Mayor Willson stated the signs are being manufactured but not yet installed and he does not yet know whether the State and County will allow signs to be posted along their roadways. Councilmember Butler raised the issue of a bicycle and other items sitting within the median and asked if police officers can address that issue since it may be considered littering or a nuisance. Mayor Willson explained the thinking was that those items may be a safety issue but the signage would not remove the person. He commented on a woman's picture that had been posted to Facebook this week showing her one lane into traffic soliciting money, which is a clear violation. Councilmember Butler stated her support for a panhandling ordinance. Mr. Boganey stated the Police Chief is researching how to address items within the median that may fall into the roadway, creating a traffic hazard, and a recommendation will be presented to the Council at a future date. He advised the next step, if there is City Council consensus to consider an ordinance to address aggressive panhandling, would be to direct the City Attorney to review this language and other ordinances that address the issue of aggressive panhandling and provide the City Council with a report or ordinance draft he determines to be supportable by court decisions that have been approved. Councilmember Ryan stated his support for that recommendation. Councilmember Lawrence-Anderson stated she also supports moving the item to City Attorney review, noting it is the prerogative of people to give panhandlers money but it is quite dangerous. Councilmember Lawrence-Anderson asked, with regard to the woman shown on Facebook, whether she can be ticketed. Mayor Willson answered that is a clear violation and the woman can be ticketed if witnessed by a police officer. Mr. Boganey agreed that is correct or there would have to be a person who observed the action and was willing to testify in court. Councilmember Lawrence-Anderson asked whether officers could patrol the corner of Brooklyn Boulevard and Bass Lake Road a little more frequently without spending too much money. Mr. Boganey explained that officers have defined areas of patrol so it is difficult to concentrate on a given area without neglecting the areas they are to be patrolling. He stated they do concentrate patrolling when a systemic issue is identified that needs to be addressed that has immediate benefit but that camot be sustained for weeks or months at a time. Mr. Boganey noted in some cases, the issue returns when the patrol officers leave the area. The City Council reached consensus to direct staff to further research ordinance language and return with a recommendation. 08/28/17 -2- DRAFT Mayor Willson stated he did an interview with local cable about the bus hub and heard back from the police union president that they would need seven more officers to do a 24/7 rotation to address issues with the busses. Mayor Willson stated if there are that many officers at the bus hub, the intersection mentioned by Councilmember Lawrence-Anderson is not too far from the bus hub so maybe it can be patrolled more often. Mayor Willson stated he and City Manager Boganey met with mayors that have stops on the Blue Line along with Commissioner Opat and the prevailing thinking is rather than having the same lobbyist as the Southwest rail line, we should consider our own lobbyists and pay the dollars from each city along the line. If supported by the City Council, Brooklyn Center's portion would be about $500 per month to support this lobbyist. He stated if the Blue Line comes to Brooklyn Center at a cost of $500 per month for ten months, that would be a good deal to get the needed transportation to jobs. In addition, it will bring more businesses and jobs to Brooklyn Center. Mayor Willson recommended placing this topic on a future agenda if City Council action is needed. The City Council voiced no objection to the Mayor's recommendation. Mr. Boganey stated he, as the City Manager, has the authority to expend that level of funds if there is no City Council objection. Mayor Willson stated if the City Council does take formal action, that may be of benefit as well, Mr. Boganey stated he will place this topic on a future agenda. Mayor Willson announced Commissioner Opat has asked mayors to present thoughts on the Blue Line during his meeting tomorrow. Mayor Willson explained that Councilmember Ryan will be attending tomorrow's presentation on the Legacy Award through the National Football League associated with next year's Super Bowl to eligible recipients. He invited all Councilmembers to attend that meeting. Councilmember Butler explained that the only date for the CEAP food distribution, other than this Friday, would be Friday, September 15, from 3:30 p.m. to 6:30 p.m. Mayor Willson and Councilmembers Ryan and Lawrence-Anderson stated that date works for them as well. Councilmember Ryan referenced a letter from Karen Anderson of Emerson Avenue, relating to issues with the City sanitary sewer lines. He thanked Interim Director of Public Works Mike Marsh for visiting with those residents and agreeing to notify them the next time that type of work is done so they don't suffer any consequences. Mr. Boganey stated his appreciation for the letter and indicated in the past, the City has always notified those residents. Councilmember Ryan thanked staff for being focused on customer service. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to close the Study Session at 6:24 p.m. Motion passed unanimously. 08/28/17 -3- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION AUGUST 28, 2017 CITY HALL - COUNCIL CHAMBERS 1101 1 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, Kris Lawrence-Anderson, and Dan Ryan. Councilmember April Graves was absent and excused. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Finance Director Nate Reinhardt, Acting Director of Public Works Mike Marsh, Director of Business and Development Gary Eitel, Director of Community Activities, Recreation and Services Jim Glasoe, City Attorney Troy Gilchrist, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Elizabeth Rose, 6121 Brooklyn Boulevard, introduced the Sanctuary at Brooklyn Center, a senior housing project. She stated she will visit the Vo-tech and community college and encouraged the City Council to send applicants their way. They want to partner with the City and hire from Brooklyn Center. She stated the investors are local and it is a tax credit community so residents need to make no more than $37,980 per year. Ms. Rose stated they do welcome private pay and will be working with Hennepin County for those with waivers including CADI, for people not yet 65 years old. She invited the City Council to visit and attend the grand opening this fall. Mayor Willson asked if there is an age limit for those paying the full rent. Ms. Rose stated residents have to be 55 years or older. She stated this will be a beautiful building with good- sized event spaces available for rent. Councilmember Lawrence-Anderson moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:50 p.m. Motion passed unanimously. Ia!Ls1W1iS)I 08/28/17 -1- DRAFT As the invocation, Councilmember Lawrence-Anderson requested support and prayers for those impacted by Hurricane Harvey. The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:03 p.m. Mayor Tim Willson and Councilmembers Marquita Butler, Kris Lawrence-Anderson, and Dan Ryan. Councilinember April Graves was absent and excused. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Finance Director Nate Reinhardt, Acting Director of Public Works Mike Marsh, Director of Business and Development Gary Eitel, Director of Community Activities, Recreation and Services Jim Glasoe, City Attorney Troy Gilchrist, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. The Pledge of Allegiance was recited. 11111] IWXII I P7 Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1.August 2, 2017 - Joint Work Session with Financial Commission 2.August 7, 2017 - Joint Work Session with Financial Commission 3.August 14, 2017 - Study/Work Session 4.August 14, 2017 - Regular Session 5. August 14, 2017 - Work Session 6b. LICENSES MECHANICAL Aerotek Heating & Air Conditioning The Fireplace Guys Heating & Cooling Consultants Henderson Heating and AC K.B. Service Company Master Mechanical McChesney Heating and Air St. Paul Plumbing & Heating Co. 34345 Quinton Avenue, Center City 680 Hale Ave. N., Suite 110, Oakdale 10181 3O5 th Street West, Northfield 3515 Dakota Ave., Woodbury 430 Cty. Rd. D East, Little Canada 1027 Gemini Rd. Eagan 8201 175th Ave. SE, Becker 640 Grand Ave., St. Paul 08/28/17 -2- DRAFT RENEWAL (TYPE III— one-year license) 4908 Abbott Ave. N. 6712 Beard Ave. N. 5214 Drew Ave. N. 5315 Fremont Ave. N. Aaron Burmeister Missing 1 ARM, and cpted follow-up Morris Matthews Missing 1 ARM meeting Paris and Nicole Fadden Missing 1 ARM meeting David Barnhart RENEWAL (TYPE H— two-year license) 133967 th Ln. N.Norma Simmonds 5818 Admiral La.Michael Kozicky 4201 Lakeside Ave. #215 Donna Kabanuk 4714 Wingard La.Heeyoon Kimrn RENEWAL (TYPE I - three-year license) 200154" Ave. N. 833 57th Ave. N. 1605 68th Ln. N. 5348 70th Cir.70th Cir. 6701 Bryant Ave. N. 6670 Xerxes P1. N. SIGNHANGER All Cities Sign, Inc. Apparently Graphic LTD Sign Source VEO Sign LLC Ying Que Bruce Alan Goldberg Pervej Alam Xin Zhou Xin Zhou Invitation Homes Dolores Ann Fischer 7619 161st Ave. NE, Forest Lake 8870 Zealand Ave. N., Brooklyn Park 7660 Quantro Dr., Chanhassen 6353 Martin Ave. NE, Otsego 6c. RESOLUTION NO. 2017-131 SPECIAL PERMITS FOR EXTENDED SALES SUPER BOWL - Lir1IEiI AVi1 COUNCIL CODE OF POLICIES 1____HffSISC1WdItEI1SiJ t Ut'iiLUR43IDIkU Dh%I 08/28/17 -3- DRAFT I1ff I 252 AND INTERCHANGEii I tsfl aN AT TRUNK 2. RESOLUTION NO. 2017-134 AUTHORIZING APPLICATION FOR 2017 TRANSPORTATION ECONOMIC DEVELOPMENT INFRASTRUCTURE (TEDI) PROGRAM GRANT FOR NTERCHANGE PROJECT AT TRUNK HIGHWAY 252 AND 66 TH AVENUEi Motion passed unanimously. None. IJBIiSJIHffAt4kE$1 None. IFItS)U V None. IlL EIiLkEIJIKEI]KI)]iI None. iL____S[I1JE*IWtiUI1SMU Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: August 15-20, 2017: Out of town on vacation August 21, 2017: Joint City Council Financial Commission Work Session on 2018 City Budget August 22, 2017: Third Community Engagement Session Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: August 15, 2017: Missed the Housing Commission delivery of bags so she listened to the End of the Summer Bash, Salsa del Soul r August 21, 2017: Viewed the Eclipse in Nebraska August 22, 2017: Third Community Engagement Session August 29, 2017: Dollar Tree Parking Lot Clean up 08/28/17 -4- DRAFT Councilmember Lawrence-Anderson noted on August 28, 1963, Martin Luther King stood on the Lincoln Memorial and delivered the famous "I have A Dream" speech, which took place during the march On Washington where he called for an end to racism. She stated she hopes we can see that one day. Councilmember Butler reported on her attendance at the following and provided information on the following upcoming events: August 15-20, 2017: On vacation o August 21, 2017: Joint City Council Financial Commission Work Session on 2018 City Budget o August 22, 2017: Third Community Engagement Session Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: o August 15, 2017: Rotary Luncheon August 16, 2017: Brooklyn Bridge Alliance for Youth Board Meeting o August 17, 2017: City Safety Academy hosted by the Police Department o August 18, 2017: Met with Mr. Boganey o August 21, 2017: Joint City Council Financial Commission Work Session on 2018 City Budget o August 22, 2017: Interview with CCX regarding Metro Transit bus hub; Rotary Luncheon; and, Third Community Engagement Session o August 24, 2017: Mayor's Minute and meeting with Pack 252 to discuss the 252 highway corridor o August 25, 2017: Met with Mr. Boganey o August 28, 2017: Met with Mr. Boganey and Mayors along the Blue Line to look into a lobbying effort FP_ )MhilH1hIk'4 I k1l Councilmember Ryan moved and Councilmember Butler seconded adjournment of the City Council meeting at 7:13 p.m. Motion passed unanimously. 08/28/17 -5- 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 AUGUST 28, 2017 CITY HALL - COUNCIL CHAMBERS DXI] iflDI il The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session called to order by Mayor/President Tim Willson at 7:22 p.m. Mayor/President Tim Willson and Councilmembers/Commissioners Marquita Butler, Kris Lawrence-Anderson, and Dan Ryan. Councilmember/Commissioner April Graves was absent and excused. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Finance Director Nate Reinhardt, Acting Director of Public Works Mike Marsh, Director of Business and Development Gary Eitel, City Attorney Troy Gilchrist, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. REGARDINGDISCUSSION (DEVELOPER OF THE AND 6007 BROOKLYN '4 1 CENTER) TO ACQUIRE 60 DAY Director of Business and Development Gary Eitel introduced the item, explaining SCA Properties LLC, the developer of the Sanctuary at Brooklyn Center, a 158-unit affordable assisted care senior housing apartment project at 6121 Brooklyn Boulevard, has expressed interest in developing the adjacent two commercial lots for a 5,200-sq. ft. commercial building for an adult day care. Mr. Eitel summarized past EDA consideration of this property and presented the concept designs and building rendering. He stated Mr. Aulde, on behalf of SCA Properties LLC, has provided a draft Letter of Intent that establishes the purchase price of $500,000; the similar use of a Purchase Money Mortgage that would provide for principal repayment of 50% of any profit in the event of a sale or refinancing during the first 25 years; and, a forgiveness clause should the property not be sold or refinanced within the first 25 years. Mr. Aulde has indicated that similar to the Sanctuary at Brooklyn Center senior project, this proposal is subject to securing the necessary mortgage approvals. Mr. Eitel displayed a site plan, noting the location of the proposed building that would contain a peaked roof line similar to the Sanctuary at Brooklyn Center. He also displayed the floor plan and explained if approved, these two lots would be removed from the Tax Increment Financing 08/28/17 -1- DRAFT (TIF) 6 Housing District and the reimbursement of the TIF 3 Housing Funds used for acquisition of 6101 and 6107 Brooklyn Boulevard. That is where the use of the $300,000 deposited in the EDA fund from the 6121 Brooklyn Boulevard closing is a potential option that could be used to reimburse the TIF 3 Housing Fund and provide the future funding source for the future acquisition of the two adjacent residential properties. Mr. Eitel asked whether the EDA finds this to be a complimentary land use and in keeping with the redevelopment vision for Brooklyn Boulevard and if it wishes to proceed with the potential sale of 6101 and 6107 Brooklyn Boulevard as outlined in the Letter of Intent by SCA Properties, LLC. Councilmember/Commissioner Lawrence-Anderson asked about the capacity of this facility. Melody Bridgeman, 4922 Aldrich Avenue 5, representing SCA Properties, stated they think this will be a great complimentary use to the Sanctuary at Brooklyn Center. She stated the capacity would be 55 persons; however, there will be a range, and it will be geared towards affordable with 70% using the elderly waivers, though there are no restrictions. Councilmember/Commissioner Butler asked if there is another adult day care facility in Brooklyn Center and whether SCA Properties had done a similar building and use. Ms. Bridgeman stated they did a preliminary market study and found demand for 55 persons but she does not know if there is another such facility in Brooklyn Center. She stated they have not done a similar adult day care facility but have several under construction. Ms. Bridgeman stated they are contracting with SarahCare, a premiere company that has done projects in 13 other states, to determine how to configure and use the space. In addition, they are using the same architect as used with the Sanctuary at Brooklyn Center. Mayor/President Willson stated it seems to be a very good and complimentary use. The consensus of the City Council/FDA was to direct staff to move this project forward. DISCUSSION REGARDING ACCEPTING THE WESTERN VEHICULAR AND PEDESTRIAN ACCESS IMPROVEMENTS FROM XERXES AVENUE & 55TH AVENUE INTERSECTION AS AN ELIGIBLE REIMBURSABLE IMPROVEMENT TO THE SHINGLE CREEK CROSSING DEVELOPMENT (TAX INCREMENT FINANCING DISTRICT NO. 5) Director of Business and Development Gary Eitel introduced the item and reviewed past City Council and EDA action to create Tax Increment No. 5, a 16-year Renewal and Renovation Tax Increment District, which included the Brookdale Mall properties with the exception of the EDA parcel, Kohl's, Applebees, former Midas Muffler site, and Sears. He displayed an aerial map of the subject site, noting the areas of development, and explaining that when the master plan was developed, there was a lot of interest on the 56th Avenue entrance but not as much on the 55t1 Avenue (Sears) entrance location. 08/28/17 -2- DRAFT Mr. Eitel reviewed the consideration of the City Council on September 26, 2016, on the structuring of a TIF 5 bond issue to repay $1.7 million of the $2.4 million TIF 2 Inter-Fund Loan and the balance of the PAYG Note, a budget strategy to maximize investment opportunities within the Shingle Creek Crossing Development. The 2017 tax increment revenue has been identified at $570,000. Mr. Eitel noted the TIF 5 fund balance project at the end of 2017 is $742,838, of which approximately $249,000 has been identified by the City's financial consultant as funds eligible for out of district expenditures. Beginning in 2017, 80% of the tax increment generated from TIF 5 is limited to paying debt with 20% annually available for out of district expenditures. Mr. Eitel displayed the Shingle Creek Crossing PUD plan that illustrated the western access improvement across the former food court parking lot to improve pedestrian accessibility from the Xerxes Avenue sidewalk and Twin Lakes Regional Trail and define an access drive to control vehicular movement through the existing parking lot. If approved, the estimated cost is $167,718 for the improvements, approximately $30,000 for lighting, and $9,000 as an interim screening fence on pad sites 9 and 10. The budget proposed for these improvements is $210,000. Mr. Eitel indicated the City has sufficient funds to invest in improvements into the site and still maintain a balance of about $500,000. Mr. Eitel asked whether the EDA wished to invest the eligible TIF 5 out of district fund balance into vehicular and pedestrian access improvements across the western parking lot to Xerxes Avenue. He stated he has always looked at how to invest dollars to improve the site but the funds can be used out of district for other improvements the City Council/EDA supports. The consensus of the City Council/EDA was to support and move forward with staffs recommendation. )isiBJ 1hU DhI I Councilmember/Commissioner Ryan moved and Councilmember/Commissioner Lawrence- Anderson seconded adjournment of the City Council/Economic Development Authority Work Session at 7:41 p.m. Motion passed unanimously. 08/28/17 -3 DRAFT Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to convene the Work Session at 6:50 p.m. Motion passed unanimously. DISCUSSION O 1fA TIMEII1 J 31 I U 1 Mr. Boganey stated this topic was considered by the City Council several months ago and now staff has conducted further analysis and negotiated with the vendor. Finance Director Nate Reinhardt introduced the item, explaining there have been 3,688 Meter Interface Unit (MIU) failures to date out of approximately 9,000 total MIUs. The current water meter system has an outstanding bond payment of $1,488,062 over the next eight years on the original investment of current water meters, or average annual payment of $186,000. Mr. Reinhardt described the four primary challenges and concerns with these failed MIUs as detailed in the staff report. Mr. Reinhardt stated the City's consultant, TKDA, completed a water meter feasibility study to evaluate different scenarios, multiple solutions, and iterations of those options. He presented the three primary options to replace MIUs as they fail, replace the remaining MIUs with newer version MIUs ($880,000), or competitively bid 9,000 new meters for a complete new system ($1,935,000). Mr. Reinhardt explained that since then, Ferguson/Neptune met with staff in an effort to address these issues and return to a positive working relationship. He described those discussion points and stated during those meetings, challenges and potential solutions to overcome those challenges were identified including: 1. Ferguson providing the labor to schedule/replace defective meters through the end of the current full meter replacement coverage period through 2019 at no cost to the City). The transmitter will be wall mounted to provide better transmission and a 2020 and 2021 contracted rate will be provided to the City for consideration. The estimated cost savings to the City is $130,000 over a two-year period. 2. Neptune will extend the full meter replacement warranty for a period of two years from 2019 to 2021. The estimated cost savings to the City is $150,000. 3. Ferguson/Neptune will install three gateways at no charge, which would be placed on City water towers that would allow for the capture of meter readings. It is estimated that about 60% of the meter reads could be captured through these three gateways. The estimated cost savings would be $20,000 per gateway or $60,000 total. The digital meters would be wall mounted to assist with meter reads. Mr. Reinhardt stated the City would purchase and install the new software necessary to obtain fixed reads at an estimated cost of $5,000. This would allow Public Works and Utility Billing staff access to real time data on usage for meters read by the fixed system. In addition, remote access of the software would be provided to Ferguson to allow quicker response time for the replacement of failed meters. 08/28/17 -4- DRAFT Mr. Reinhardt stated staff recommends the City formalize and agree to these proposals as it will reduce the amount of staff time currently dedicated to meter replacements, reduce the potential exposure with defective meters by extending the warranty, and provide significant benefits by moving the City in the direction of a fixed read system. Mr. Reinhardt asked whether the City Council deems the planned approach to be acceptable or if the City needs a change in direction. Councilmember Butler asked whether Ferguson would cover the cost of the gateway at $60,000. Mr. Reinhardt answered in the affirmative and reviewed the anticipated timing to install the three gateways. Councilmember Ryan asked whether the City would pay for the remote units on the water towers. Mr. Reinhardt stated that would also be covered by the vendor, both equipment and installation. The City would pay for the software and maintenance. Councilmember Lawrence-Anderson asked for an explanation of how a gateway reads individual property meters. Mr. Reinhardt stated currently, staff drives through each neighborhood and reads the meter through software in the truck. With the gateway, most of the reading will go directly to the water tower. He explained that if this was a new system, the wire would be run to the outside of the house but Ferguson is confident that most of the readings will be captured with the gateway. Staff will then map the areas where readings are not captured and those areas will be driven. Mayor Willson stated in his opinion, he thinks given the current meter situation, work with the vendor, and high cost to replace the entire system, the best solution is to replace failed meters and eventually the system will have new meters. He voiced support for staffs recommendation, noting it is the best financially for the City. Councilmember Ryan agreed and stated it is making the best of a bad situation. Councilmembers Lawrence-Anderson and Butler concurred. The City Council reached consensus to direct staff to formalize and agree to these proposals as it will reduce the amount of staff time currently dedicated to meter replacements, reduce the potential exposure with defective meters by extending the warranty, and provide significant benefits by moving the City in direction of a fixed read system. IiDifltihYIIIU Mayor Willson adjourned the meeting at 7:00 p.m. 08/28/17 -5- DRAFT Olty C©imll Agenda I[itrn N©0 61b [EI]JI[S1 I I I 3k'A LA I k'4 CI) 1I SA'A1 DATE: September 5, 2017 TO: Curt Boganey, City Manager FROM: Rozlyn Tousignant, Deputy City Clerk( SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses on September 11, 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. MECHANICAL Alliance Heating & Cooling Inc. Blue Ox Heating & Air, LLC BNC Heating & Cooling LLC Kraemer Heating, Inc. Silver Tree Plumbing & Heating, LLC Westair Inc. Wilson HVAC Company RENTAL See attached report. SIGN HANGER Leroy Signs, Inc. New Century Systems, Inc. Resolution Graphics, Inc. 2934 Colfax Ave N, Minneapolis 5720 International Pkwy, New Hope 22600 Cty Rd 30, Rogers 7441 Dallas Court North, Maple Grove 1335 Mendota Height Road, Mendota Heights 11184 River Road NE, Hanover 15284117 1h St., Becker 6325 Welcome Ave N, Brooklyn Park 2015075 th Ave N, Hamel 3255 Spring St. NE #100, Minneapolis Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [Ei1lJ[iJ 1 I MkU I D1h74 0) 1IIWJ!kl Rental License Category Crit ri mN'Adopted1IJZiJWLCoun ci l1IfII LI] Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 374 units Greater than 0.25 but lot more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 34 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Mission: Ensuring on attractive, clean, safe, inclusive coinnuinity that enhances the quality of life for al/people and preserves the public trust aV 1) a)0 'V'a >- -- 0 a)>0_ ) cu > 0 a)" ,aO aD.- a)co CLa)"' a)- ** ** * U)a) a)4-,>ta)0.0 0. C a) (I)a) 4-' 4-, 0 C 0 4-'Ca) Li a) a)'aa) a)0.0 0 Cilty C©nidll Anda I[tm No. 6 a[I1uJ(iJ I I U alh'A Uh'A I 3k'A (I] t1WI I]JI I DATE: September 11, 2017 TO: Curt Boganey, City Manager FROM: Nathan Reinhardt, Finance Director tVY( SUBJECT: Resolution Adopting a "Request for Proposals; Safety Program Support Services and Training" Recommendation: It is recommended that the City Council consider approval of a Resolution Adopting a "Request for Proposals; Safety Program Support Services and Training". Background: City Council Code of Policies Section 2.80 requires that certain financial services be periodically subjected to the Request for Proposal (RFP) process. The goal of this process is to maintain a proper balance between cost and quality of service. The proposed RFP is for a risk management consultant to provide the following services: 1.Development of written safety programs 2.Written safety program review and update 3.Safety training program review and update 4.Safety training presentations 5.Annual facility inspections 6.On-call safety consultation 7. Access to an online material data sheet database for employees The City has contracted with Safe Assure Consultants since 2003 to provide these services, staff has generally been happy with the services provided, however agree that it may be beneficial to have a fresh perspective on our safety programs. The amount paid to Safe Assure for these programs totaled $11,400 in 2016. The term of a proposed agreement will be three years with the option of an additional three one- year renewals. As per the Policy, staff will distribute, collect and evaluate the RFP materials with a final recommendation being made to the City Council at the November 13, 2017 regular meeting. Strategic Priorities: . Safe, Secure, Stable Community Mission: Ensuring an attractive, clean, safe, inclusive community that enhances time quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO.___________ RESOLUTION ADOPTING A "REQUEST FOR PROPOSALS; SAFETY PROGRAM SUPPORT SERVICES AND TRAINING" WHEREAS, the City of Brooklyn Center is required by its City Council Code of Polices to solicit proposals for a risk management consultant to provide safety program support services and training; and WHEREAS, a set of specifications for obtaining those proposals, the "Request for Proposals; Safety Program Support Services and Training" has been developed and reviewed, by City staff; and WHEREAS, the City Council desires to contract with a firm to review and update safety programs, provide safety training, conduct annual facility inspections and provide on-call safety consultation to ensure City activities are carried out in as safe and effective means as possible. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the "Request for Proposals; Safety Program Support Services and Training", dated September 15, 2017, is approved and should be distributed to firms wishing to prepare proposals. September 11, 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. Clo-V ity oj'Brooklyn Center Pr4JItitilAY7Jtl September 15, 2017 I.Introduction and General Information The City of Brooklyn Center has safety programs developed for employees to address situations encountered during routine operations that may be otherwise unsafe if not properly trained. Various federal, state, local laws and Federal and State OSHA regulations also mandate or recommend that certain personnel be adequately trained in a variety of areas. There are separate safety programs for various groups of City employees. City employees fall into the following groups: o Administration • Public Works personnel • Fire personnel Each group has unique safety programs and each group will have different training requirements. There will be occasions when trainings for these groups are combined. II.Background Information The City of Brooklyn Center is a north metropolitan area suburb community located in Hennepin County, Minnesota. The City encompasses an area of approximately 8.5 square miles, with the most recent population estimate to be 30,569 by Metropolitan Council. The City was established as a village in 1911 and incorporated as a charter city 1966 by referendum vote of its citizens. The City operates with a Council-Manager form of government. A full range of public services is provided, including police and fire protection, construction and maintenance of streets and infrastructure, cultural and recreational activities and general administration. The City's Public Utility activities include water, sanitary sewer, street lighting, storm drainage and recycling. The City also operates two liquor stores, an executive golf course, and the Earle Brown Heritage Center, a meeting and conference facility. The City is organized into the following departments accounted for in the General Fund: Mayor and City Council, Administration, Police, Fire and Emergency Services, Building and Community Standards, Business and Development, Community Activities, Recreation and Services (CARS) and Public Works (Engineering, Streets, Central Garage and Parks). III. Scope of Services The scope of work for this contract will vary as the need arises and will be at the discretion of the City. The main categories of work will include: i.Development of Written Safety Programs ii.Written Safety Program Review and Update iii.Safety Training Program Review and Update iv.Assist Public Works Safety Committee v.Safety Training Presentations vi.Annual Facility Inspections vii.On-Call Safety Consultation viii.On-Line MSDS Database The safety program should remain compliant with current and changing regulations. The City reserves the right to discontinue or postpone services at any time. Development of Written Safety Programs Any written programs required to be developed should follow the same format as existing written programs. Consultant shall periodically review safety programs to ensure compliance with all federal, state and local laws and regulations. Safety Program Review and Update Consultant will be provided copies of all written programs and shall review the City's written safety programs and identify any item that will require updates due to changes in regulation or any missing elements of a successful, sustainable safety program. Assist Public Works Safety Committee The Public Works Safety Committee meetings monthly, the consultant would be asked to attend quarterly to provide input. Public Works reviews accidents and discusses issues and related to safety on the job. Training All training shall meet all of the applicable requirements of the laws, rules, and Federal and MN OSHA regulations or guidelines. This includes requirements for the training professional to be licensed and/or certified to provide specific training, if applicable. Training subject matter may include but is not limited to: AWAIR!General Safety Emergency Action Plan (EAP) Ergonomics/Proper Lifting Ladders Trenching Skid Steers Employee Right to Know Bloodborne Pathogens Fire Extinguisher Workplace Violence Earth/Moving Equipment Severe Weather Tree Trimming Operations/Chippers Traffic Control Personal Protection Equipment (PPE) Cranes/Chains/Slings OSHA Inspections Lockout Tagout (LOTO) Drivers Safety Basic Electrical Safety Aerial Lifts Cutting/Welding Portable Power Tools Machine Guarding Summer Related Injuries Hearing Conservation Confined Space Defensive Driving Winter Injuries CPR/First Aid/AED Fall Protection Rim Wheels Highway Work Zone The City has on site locations that the Consultant can use for trainings, typically these trainings will be held at the City's West Fire Station or at the City Hall Council Chambers. Trainings shall be coordinated with the City to create a one year training schedule. To accommodate work shifts trainings are often scheduled beginning at 7am. An approximate schedule of required trainings is provided in the table below: Training Target Attending Groups Administration Public Works FireSchedule AWAIR/General Safety January, Employee Right to Know April, July, Emergency Action Plan September Bloodborne Pathogens (quarterly) Ergonomics/Proper Lifting Fire Extinguishers First Aid/CPR Training March X Trenching April Earthmoving Equipment Skid Steers Severe Weather Tree Trimming Operations/Chippers May Traffic Control X Summer Related Illness Personal Protection Equipment June Hearing xConfined Space Cranes/Chains/Slings (Inspections) Trenching September Competent Person Training Defensive Driving Review (Plowing)October X OSHA Inspections November Winter Injuries X Lockout Tagout Annual Facility Inspections Annual inspections will be conducted at the City Hall, Community Center, Centerbrook Golf Course, BC Liquor Stores (2), Earle Brown Heritage Center, Water Treatment Plant, Central Garage, Fire Stations (2), and Police Building. The inspection results will be photo documented and submitted as a report to the City's Safety Coordinator. On-Call Safety Consultation The Consultant will provide consultation by meeting or teleconference to the City on an as needed basis. Provide representation to the City in the case of a major accident where OSHA would be involved or during OSHA inspections. On-Line MSDS Database The Consultant will provide access to an on-line MSDS Database for employee use. IV. Proposal requirements The City requests that the Consultant submit a concise proposal clearly addressing all of the requirements outlined in the RFP. The intent of the RFP is to encourage responses that clearly communicate the Consultant's understanding of the City's requirements and its approach to successfully provide the products and/or services on time and within budget. Consultant shall submit three (3) hard copies and one (1) electronic (PDF) version of its proposal to the Finance Department of the City no later than 3:00pm on Friday, October 13, 2017. The proposal must include, at a minimum, the following information: 1.A summary of the Consultant's understanding of the contract requirements as a whole and the unique capabilities to perform the services required 2.The Consultant's experience and history in providing safety consulting services and trainings, or other relevant or similar projects/programs. Include references of persons or organizations that the City may contact to verify the experience of the consultant. 3.A brief description of the Consultant's firm (firm size, financial stability, capacity and resources) as well as the proposed local organization structure shall be included. Key team members shall be identified by name, title and specific responsibilities. 4.A statement of qualifications and experience for each licenses or certified individual proposed to perform work on this contract. 5. Consultant fee schedule for the duration of the project, including rates for key staff, proposed level of effort (in hours and cost) for each major task and total cost. The fee schedule will also contain an example of the Consultants billing structure with information including training rate schedules, fixed rate training, reimbursable expenses, mileage rates, stand by rates, telephone conference rates, etc. 6.Proposals shall remain effective for ninety (90) days beyond the submittal date. Submittals shall be addressed to: Nathan Reinhardt, Finance Director City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Nathan Reinhardt, Finance Director nreinhardt@ci.brooklyn-center.mn.us All responses, questions, and correspondence should be directed to Nathan Reinhardt, Finance Director at nreinhardt@ci.brooklyn-center.mn.us or (763) 569-3345. Terms of Engagement A three-year contract is contemplated with an additional three one-year options to renew, subject to review by the Brooklyn Center City Council and the annual availability of an appropriation. Subcontracting No subcontracting will be allowed without the express prior written consent of the City. Rights of Review The City of Brooklyn Center reserves the right to reject any or all proposals, to request additional information from any or all applicants as determined to be in the best interest of the City. V. Evaluation Criteria Proposals received by the City will be reviewed by the Selection Committee, which will make the final selection based on the following factors: 1. Quality of Proposal; Proposal is concise, well written, and organized. The proposal addresses the items specified in Section IV, "Proposal Requirements". 2.Firm Qualifications: Technical experience in performing work of a close similar nature, experience working with public agencies, record of completing work on schedule, strength and stability of the firm, and assessment by client references. 3.Staff and Project Organization: Qualifications of project staff, key personnel's level of involvement in performing related work, logic of project organization, adequacy of labor commitment; concurrence in restriction on changes in key personnel. VI. Evaluation Procedure An oral interview with one or more firms submitting proposals may be requested after written proposals have been received by the City if deemed necessary to clarify proposal or qualifications. The City will schedule the time and place for the interview if determined necessary. The selection committee may include, but not limited to the City Manager, Finance Director, Public Works Director and Fire Chief. The selection committee will review the proposals submitted, interview the finalists as needed, and provide a recommendation to City Council. A. Schedule The City has developed the following schedule of events for this process: City Council authorizes Request for Proposal...................September 11, 2017 2.Request for Proposals issued.............................................September 15, 2017 3.Proposal due 13, 2017 5.Selection of 20, 2017 6.Interviews (as necessary) completed by -October 27, 2017 7.Final decision/contract negotiation completed by -November 3, 2017 8.Contract consideration by the City CouncilNovember 13, 2017 VII. Contract Execution The City reserves the right to negotiate the final terms and conditions of the contract to be executed. Should the City and Consultant be unable to agree upon the entire contract, the City reserves the right to discontinue negotiations, select another Consultant, or reject all of the proposals. Upon completion of negotiations agreeable to the City and the Consultant a contract shall be executed. Oty C©1uifrll Agda ]Ifrm N0 6d COUNCIIL ]ITEM MEMORANDUM DATE: September 11, 2017 TO: Curt Boganey, City Manager FROM: Nathan Reinhardt, Finance Director SUBJECT: Resolution Authorizing Advance from the Municipal State Aid (MSA) Street Fund to Supplement State Aid Construction Account Funds Recommendation: It is recommended that the City Council consider approval/adoption of a resolution authorizing an advance from the Municipal State Aid (MSA) Street Fund to supplement state aid construction funds. Background: In 1957 the Minnesota legislature authorized the establishment of a Municipal State Aid Streets system in all Minnesota cities with a population of 5,000 or greater not to exceed 20 percent of the City's improved local mileage. The City receives an annual allocation of State Aid for streets in two pieces: 1.Annual Maintenance Allocation - may be spent on crack sealing, seal coating, signs, and striping on streets within the designated MSA system. This annual allocations is approximately $160,000. 2.Annual Construction Allocation - these funds are tied to specific projects that are approved by MNDOT which are then reimbursed over time via an annual allocation. Depending on need and availability of reimbursement funds, the construction funding can lag several years behind the completion of eligible projects in this fund. This annual allocation is approximately $885,000. At the end of last year, the City's MSA Capital Project fund had a deficit cash balance of $15,659, which is projected to grow to a $1.4 million deficit at the end of this year. The receivable balance, which accounts for the future MSA Construction disbursements for completed eligible projects is $3,307,860 with an additional $2,035,000 in estimated projects to be completed this year. In total, this amounts to $5,342,860 in estimated disbursements to be received from the MSA Construction Account funds. The request for the advance provides the City with funding to continue to complete projects as scheduled in the City's 15-year Capital Improvement Plan. Advance funding is not guaranteed, however there are currently remaining funds available for the program. The advance is limited to a $4 million allotment, which is approximately five years of MSA Construction Allocations. The City has been in contact with staff from MNDOT, who consider the City a good candidate for the program because of the size of the projects completed last year and this year. iVlission: Eiisiii'iiig an attractive, clean, safe, inclusive co,nii,unitr that enhances the qualiti' of life for al/people and preserves the public trust [EI1IIIXJ I I øIA LU1 [SI UiI I1IJkAI Attachments: 1.MSA construction account advance guidelines 2.Current 15-year cash flow projections for the MSA fund (without advance) 3. Current 15-year cash flow projections for the MSA fund (with advance) Budget Issues: There are no additional fees or interest charged on the advance. Strategic Priorities: Key Infrastructure Investments j1Iission: E;isiiiiizg an attractive, clean, saft, inclusive community that enhances the quality of//fe for all people and preserves the public trust MUNICIPAL STATE AID CONSTUCTIION ACCOUNT ADVANCE GUIDELINES DVANCF STATUS IS CURRENTLY CODE GREEN State Aid Advances M.S. 162.14, Subd 6 provides for municipalities to make advances from future year's allocations for the purpose of expediting construction. This process not only helps reduce the construction cash balance, but also allows municipalities to fund projects that may have been delayed due to funding shortages. The formula used to determine if advances will be available is based on the current construction cash balance, expenditures trends, repayments and the $20,000,000 recommended threshold in MSAS construction. The threshold can be administratively adjusted by the Chief Financial Officer and reported to the Screening Board at the next Screening Board meeting. The process used for advancing is dependent on the code levels which are listed below. Code levels for the current year can be obtained from the SAF website - http ://ww -\v.dot.state.nui.us/safinance/advances.html. State Aid Advance Code Levels Guidelines for advances are determined by the following codes. SEVERE Code RED SEVERE - Construction cash balance too low. NO MORE ADVANCES - NO EXCEPTIONS - Construction cash balance low; balances GUARDED reviewed monthly. Advancing money may not meet the anticipated needs. Priority system will be used. Resolution required. Reserve option is available only prior to bid advertisement. Code GREEN LOW - Construction cash balance at acceptable level to LOW approve anticipated advances. Advances approved on first-come, first- serve basis while funds are available. Resolution required. High priority projects are reserved; others optional. General Guidelines for State Aid & Federal Aid Advance Construction If a City requests an advance on future allotments they need to submit an Advance Resolution authorizing the advance by the board. This will "earmark" the funding for that City, but it will 8/28/2014 NOT hold the funds. Advanced funds will be paid out on a first come first serve basis as the construction accounts are spent down to zero. The correct resolution must be used for each advance type and there is a sample resolution for each on the State Aid Finance webpage. cjuests are good only for the year requested (cannot be summited for multiple years) and void at 12/31 of that year. Advances are not limited to the projects listed on the resolution. Project payments are processed in the order received by SAF until the maximum advance amount is reached. Advances are repaid from next year's allocation until frilly repaid. Advance funding is not guaranteed. If the City finds they need a guarantee that the thuds will be held specifically for them they can submit a "Request to Reserve Funds" to ensure funds will be available for their project. Once approved, a signed copy will be returned to the County. çquests are good only for the year requested (cannot be summited for multiple years) and void at 12/31 of that year. Sample Advance Resolutions and a - Request to Reserve Funds can be obtained from SAF website - http :/Iwww. dot. state.mn.us/safinance/formsandresolutions .html. E-mail completed forms to Sandra Martinez in State Aid Finance and your DSAE for review. Priority System A Priority System will be required if the construction cash balances drop below an acceptable level which is Code Yellow. This process starts in early October proceeding the advance year. Each city will be required to submit projects to their DSAE for prioritization within the district. The DSAE will submit the prioritized list to SALT for final prioritization. Requests should include a negative impact statement if project had to be delayed or advance funding was not available. In addition, include the significance of the project. Priority projects include, but are not limited to projects where agreements have mandated the city's participation, or projects with advanced federal aid. Small over-runs and funding shortfalls may be funded, but require State Aid approval. Advance Limitations Statutory - None Ref. M.S.162.14, Subd 6. State Aid Rules - None Ref. State Aid Rules 8820.1500, Subp lO& lob. State Aid Guidelines Advance is limited to five times the municipalities' last construction allotment or $4,000,000, whichever is less. Advance amount will be reduced by any similar outstanding obligations and/or bond principle payments due. The limit can be administratively adjusted by the Chief Financial Officer. 8/28/2014 2 Limitation may be exceeded due to federal aid advance construction projects programmed by the ATP in the STIP where State Aid funds are used in lieu of federal funds. Repayment will be made at the time federal funds are converted. Should federal funds fail to be programmed, or the project (or a portion of the project) be declared federally ineligible, the local agency is required to pay back the advance under a payment plan mutually agreed to between State Aid and the Municipality. 8/28/2014 o o o o o o LL o o o I o lo o - 0 a- a- a CL a a a a 0)' a a a a OC a a a 0 0 To a C C-) C '-C)) 00 0 0000 N 0 ó N 0 0 0 0 0 0 0 C') 0 0 C, R Om Om CD 0 lziNOLL 0))) 0) N 00) N- St StU) e -0 C eCU0) 0') 00)0 C) C, 00 • 0 0000 N os, 00 0 0000 (5 00 (0 ON N: ood e-') 0)))) 0) N 0) C') 0 0) C) N- e0 )' rO)r N C") C') (-=04 00 ' 0 0000 N 00 N 00 0 0000 C') 00)5 dN: R m - ,-i- 0 C 10 0) N C) C') 0) 0) (N )0 rO C') 0 0 11) C') 0 N 00 • 0 00 0 N oS N 00 0 00 0 C') 000) dN: N: 6n o 0 0) 0) N- 0) N St 00) CC St 00 0 000 0 N 0 a N 00 0 0000 (N 000) 00 0 0000 cC' 000) 0 N N )0 0) 00 0 N ON 0 U) St N- 10 St N- 0) 0) N )') (-0)0) CD C4St 00 ' 0 0000 N 0 a N 00 0 0000 C') 000) 00 0 0000 0) Om 00) ON N © 0) 00 0) N 00 00) 0) N 00 0 0) 0))'- (O '° © 00 0 0000 N 000) 0 N N 0 0) 00 0)0 (0 No C, 0))) 0) N 0) (COO o C') 0 C') 0) (0 00 0 0000 N 00 N ON N 00)00 0 N 0 C, 0(0 0) N N CD (N St 0) 0 e0 C' C1 0) C'))') 00) 0) 00 00 R (CO C, 00 0 0000 )O 00 N 0)) U') 0000 N- U)O(- 0CC C') 00)00 C) 0)00 0)') 5 NeC'J St )N'C, 0 (N 5-0)0 0) 0)0)0 00) ' 0) 0000 C C) N 00) 0 0000 0) 00)0 O 0) )') 0) 0 0 C') )') CO C') 0) CC N 0 N C') 000 0 C' U)0 00)00 C'))') rC')( 00) ' 0) 0000 1) 0) Or 00) U) 0000 0 U) 0 C, CC) )') C') 0 00 0) C') 0 C, 0 0) CC N 0)00) U) C') 0) N -0 )') (-(-C) 0 )'CC)r 0 ' 0) 0000 0 0 a a 00) 0 0000 0) 000 0) U) 000 U) CO 00) COO )') 000)) 0) 0)100) N St CU N 000) CC C') COLO -0 C') U)N U) 0)0-0 CC') • C') 0000 NC a 0 O '- C- 0000 0 '- 0 (0 00) U) 0000 0 U) 0)) 0 N N 00)00 Cl N 0 (0 N C) 0 000 0 0 010 (-1 )-'0 C') ,-'N-0) N- 0)0(0 00 • 0 0000 C- 00r O N N 0000 C) N OLD )0 )0 0)00)0 0) 00(0 00 0) )D 00) C) 0 0) 0)0 0 0)0 C') (ON 00) ' 0) 0000 a St acooOC' CC 0000 000) 00) C) 0) 00 U) N C) LI) U) 0)') 0 0000) Cl 000 0) 0 00 0) 000) O 0 0 0 0 © © a 0 00 0 00 N N 0 00 0 000)0) (C) OStr = 0(0 U) 0000 CC) 00 N 00) 0) N 000 0) COO) 00 0 COSt 00)0) 000 0 0) 0)0 0) N 0) 0) ONON 0NC'C0 StONOLO 0500) 0010C- C'CCUSts0 o C) 000NU)C)C'CNU) )'Cs 0) 0)0(00 1000(Dr U C- C') )'))') CON C') C) 0 0 = 0.0) C 0 0)0 B Lj Lu o _oU)_ O.- > OS-' O 00)00-C wO0 oa-w IL) () () 00 L 0 0000 N- 00 F-.00 000 0 0 00000 0 0 0 Cl 000 CL) 0 00CI oCL 0 oN0 LU N- LU 000 N- LU 0 CXL F- 00 N- 0 0 CCLCC •SCO 0 CO 00 CL) 000 00 0 0000 N- 0 S N0CL000 0 0 00000 0 0 0 CI 000 CD 0 003XLI oCL 0 ON-CCLO N- LU 0 0 0 N- 0 0 N- 0LI LU 0 CONCC DLI '-UI CI OL N 0' Cl 00 L Q 0000 N- oS o00000CL0 00000 0 0 0 CI 000 03 0 003Cl o COCL 0 N-03 LU N- LU 0 0 S N- CO 0 0 N- 0CI CO 0 0CCo.O LI 0O LU III ON CO Cl 00 L 000 L 0 N- 0 ON noCL 0 0 0 0 CD 0 00oCL o 0 N-CL LU N- LU 0 S N-0 N- N- 00CL N- S CL C)5 '-UI CC S LOC3 03 'A 00 0 0000 N- 0 EN CL 00 0 0 0 0 0 CD c0 .0 CI CNS LU 000 CL 00 0 00000CL000 0 0 00000on 0 CI 000 CL 0 003Cl oCL 0 6 N:CL LU N: LU 0 0 S C-. OF 0 CO N- 00CD 0 5 CON5UIUI 0 LU UI 0 00 •0 0000 CO 0 SN0CL000 0 0 00000 0 00 N- 0 SF- N- 000 0 0CCCI CL 0 oCL LU N: 0000S N-Cl N-CC)0 5 5 00o'UI UI 0-. 00 L 0 0000 CO 00 CCL 0CL 0000 0 00000 no..N- 00 0 0 N 'UI UI '-'--S OS •5 0000 R oS ClOCLa.0 LU CC 0000LU 0 0 0 LU 000 N- LU 0 N .a o6CL CO 6 6666LI N- CI Lo 000S C'I C')o '-UI UI C3LU UI N 0' 0 OS •5 0000 5 SN0CL0CC0 LU CL 0000LU 0 0 0 LU GLOW0 CO LU ON o CoCL 0 LU 030 CD CCL 5 0LI N-LU CI CD CCC)CL N- CI CL 05'UI N UIUI° LULl '0 05 L 5 0000 LU 000DL0000C) 0000CD 0 0 0 LU 0000 0) LU 00oCL 0 00105 LI Cl CD 0Cl N- 0 CD 0 LU CO 0S LU CI SN.Cl 'UI N '-00 UI UIS 00 •0 0000 LU COCA000CD 0000Ci CO CLOUD nqoLU CU 0 LU 0 LU CI LU C)Wo N-OOLU CU 00)1)o 0 L L 0 0000 LU 00)1)0CL 00 0 00000 0 0 0 CD 000)0 CC 0 0o00 CC CI 0 0 N- 0 OIlCLN-N- LU 0 CCN-O LU N- DCCLS OLU 0 o o 0000 LU oSU,OCL 00 0 00000 0 0 0 LU 0000 CC 0 00oCL o LUCU LU LU CL LULU 0 0) CU 0 CI LU 0CO LU LU CO N 50 5CC 0 00 0-. O L L 0 0000 LU oSo-CCL 00 0 00000 UIUIUIUI 0 000UI UIUIo0 0 5 LU LU LUN- 0 LU 01 -- LUCL 00 0 0000 5 oSu,CC 0 anUIUI 0 0 0 N-UI UIUI°°N- LU 0 N-LU UI'F-0 o 0 0CL o- CCCL 50 anLU 00 0 0 0 LULU N- CL CLCl LU LU 0 FUNLU LU LU 5 0003 5 '1 4 CCL CD O 00CC 550)CON- SO)=O —0 N- CL0 5 CCL N- CL N- C')5 0 LU LU 0 5 0 N- CC- C') CO 'C '-C)0CLO6N:L-06OLL5N:)N:C)OLCLULU CULUSLU C-CD C—CCL CC) o : ha! .SSH DLC000H O5UJ S 03 LU 0 0 N I LI• Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING ADVANCE FROM THE MUNICIPAL STATE AID (MSA) STREET FUND TO SUPPLEMENT STATE AID CONSTRUCTION ACCOUNT FUNDS WHEREAS, the City of Brooklyn Center is planning to implement Municipal State Aid Street Project(s) in 2017 which will require State Aid funds in excess of those available in its State Aid Construction Account; and WHEREAS, said municipality is prepared to proceed with the construction of said project(s) through the use of an advance from the Municipal State Aid Street Fund to supplement the available funds in their State Aid Construction Account ; and WHEREAS, the advance is based on the following determination of estimated expenditures: Account Balance as of 8/31/17 $101,224 Less estimated disbursements: Project: 109101-005 63' Ave (2,583,849) Project: 109-102-002 Wangstad (465,487) Project: 106-121-066 Freeway Blvd (258,524) Project: Evergreen Park Area (680,000) Project: 57th Ave Pavement Rehab (330,000) Project: 69th Ave Mill & Overlay (640,000) Project: France Ave Mill and Overlay (230.000) Project: Traffic Signal 69th and France (155,000) Total Estimated Disbursements (5,342,860) Amount in excess of account balance (5,241,636) Advance requested (maximum)$4,000,000 and WHEREAS, repayment of the funds so advanced will be made in accordance with the provisions of Minnesota Statutes 162.14, Subd. 6 and Minnesota Rules, Chapter 8820.1500, Subp. lOb.; and WHEREAS, the Municipality acknowledges advance funds are released on a first-come-first-serve basis and this resolution does not guarantee the availability of funds. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that That the Commissioner of Transportation be and is hereby requested to approve this advance for financing approved Municipal State Aid Street Project(s) of the Municipality of City of Brooklyn Center in an amount up to $4,000,000. 1 hereby RESOLUTION NO. authorize repayments from subsequent accruals to the Municipal State Aid Street Construction Account of said Municipality from future year allocations until fully repaid. September 1,20 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 C©iril AgP,-,,irqda Jitern N0 COUNC]IL IITEM MEMORANDUM DATE: September 11, 2017 TO: Curt Boganey, City Manager FROM: Nathan Reinhardt, Finance Director SUBJECT: Resolution Adopting Amendments to the Fund Balance Policy of the Brooklyn Center City Council Code of Policies Recommendation: It is recommended that the City Council consider adoption of amendments to the City's Fund Balance policy. Background: Staff has reviewed the City's Fund Balance Policy, which was last updated by City Council on December 12, 2011. If the resolution is approved it would provide amendments to the existing Fund Balance Policy and establish it as a standalone policy; Section 2.23 Fund Balance and Classification Policy. The policy provides a definition of the various City funds and provides direction for classifying the various components of fund balance to indicate the extent to which the City is bound to honor constraints on the specific purposes for which amounts in the fund can be spent. These additional definitions provide clarification on the types of activities that are accounted for in each of the funds. The finance division is working on a policy that will pull together current fund balance and capital project policies into one single policy. To simplify the process the policies will be updated and presented to City Council for consideration in four different resolutions over the next few months. If all four separate resolutions are approved by the City Council, the City Council will then be asked to consider an action to combine the previously amended policies into a single, "Fund Balance and Classification Policy". This is the second of those four resolutions for City Council consideration. Attached is the redlined policy with deletions in strikethrough and additions underlined, and a resolution adopting the proposed revisions to the fund balance policy. Budget Issues: The policy does not have an impact on the budget. Strategic Priorities: o Safe, Secure, Stable Community jl'Iissioii: Ensuring an attractive, clean, safe, inclusive cO/nfluiJiit3' that enhances the qua/in' of life for all people and preserves 1/ic pu b/ic trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING AMENDMENTS TO THE FUND BALANCE POLICY OF THE BROOKLYN CENTER CITY COUNCIL CODE OF POLICIES WHEREAS, the City Council of the City of Brooklyn Center adopted an amended Fund Balance Policy on December 12, 2011 included in the City Council Code of Policies; and WHEREAS, revisions to the Fund Balance Policy have been reviewed by the City Council; and WHEREAS, the Fund Balance Policy should be removed from Section 2.21 Financial Polices and incorporated into a new Section 2.23 Fund Balance and Classification Policy; and WHEREAS, the Fund Balance and Classification Policy provides a definition of City funds and components of fund balance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that Section 2.23 Fund Balance and Classification Policy attached hereto as Exhibit 1 be incorporated into the Code of Policies and hereby adopted. September 11, 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. D. 2.23 Fund Balance and Classification Policy Policy Objective: To provide a definition of the various City funds and to provide direction for classifying the various components of fund balance to indicate the extent to which the City is bound to honor constraints on the specific purposes for which amounts in the fund can be spent. Governmental Funds Governmental Accounting Standards Board (GASB) Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions provide categories and terminology used to describe the components of fund balance in the governmental funds (but it does not apply to the proprietary or fiduciary funds). The City's governmental ftinds include General Fund, Special Revenue Funds, Debt Service Funds and Capital Projects Funds. Definitions (as they apply to Governmental Funds under GASB 54): Fund balance - the difference between assets and liabilities reported in a governmental fund. Nonspendable fund balance - amounts that are not in a spendable form (e.g.. prepaid items and inventories of supplies). Resources that must be maintained intact pursuant to legal or contractual requirements are also considered nonspendable. Restricted fund balance - amounts subject to externally enforceable legal restrictions (creditors. grantors, contributors, and by law through constitutional provisions or enabling regulations). Unrestricted fund balance - the total of committed fund balance, assigned fund balance, and unassigned fund balance, as described below. Committed fund balance - amounts that can be used only for the specific purposes determined by _a formal action of the government's highest level of decision-making authority (City Council). Commitments may be changed or lifted only by the City Council taking the same formal action that imposed the constraint originally. The City Council must take action on these commitments before year end. Assigned fund balance -amounts a government intends to use for a specific purpose intent can be expressed by the government body or by an official or body to which the governing body delegates the authority. Unassigned fund balance - amounts that are available for any purpose in the general fund. Only the General Fund can report a positive amount of unassigned fund balance. The City shall manage its cash flow needs by having a target unrestricted and unassigned General Fund balance at the close of each fiscal year of 50 to 52% of the next year's General Fund operating budget. 2. Unassigned General Fund monies that are not required for cash flow purposes may be transferred into other funds as may be appropriate or needed during the fiscal year. It is specifically anticipated that transfers will be made to the Street Reconstruction Fund, Capital Improvements Fund, and the Teclmology Fund when operating results generate a surplus of actual revenues over actual expenditures to serve as a recurring source of funding for those three funds. 3.The City Council authorizes the City Manager or the €4ty—Mnnager's designee City Finance Director to assign fund balance that reflects the City's intended use of those funds for the purposes of reporting the City's financial position. 4.When both restricted and unrestricted resources are available for use, it is the City's policy to first use restricted resources and then use unrestricted resources as they are needed, unless otherwise required by the restricting authority. When unrestricted resources are available for use, it is the City's policy to use resources in the following order: 1) committed 2) assigned 3) unassigned. General Fund The General Fund is established to account for all revenues and expenditures which are not required to be accounted for in other funds. Revenue sources include property taxes, license and permit fees. fines and forfeits, charges for services, intergovernmental revenues, investment interest earnings, and transfers. The General Fund's resources finance a wide range of functions including the operations of general government, public safety, and public works. Special Revenue Funds Special revenue funds are used to account for and report the proceeds of specific revenue sources that are restricted or committed to expenditures for specified purposes other than debt service or capital projects. Governmental accounting standards require that substantial inflows of revenues into a special revenue fund be either restricted or committed in order for the fund to be considered a special revenue fund. a.Housing and Redevelopment Authority (HRA) Fund - This fund was established to account for housing and redevelopment projects within the City of Brooklyn Center. The HRA has the authority to levy an ad-valorem property tax levy, which is the primary funding source for the Economic Development Authority b.Economic Development Authority (EDA) Fund - This fund was established to account for the development related activities in the City of Brooklyn Center. The EDA generates the funding to accomplish the development projects from grants, HRA property tax levy, or transfer from other funds of the City. c.Community Development Block Grant (CDBG) Fund - This fund was established to account for the collection of CDBG grant funding for related projects within the City. d.Police Forfeitures Fund - This fund was established to account for the proceeds from property seized by Police Department personnel. i.The City receives property and money through law enforcement seizures under Federal Law 21USCS Section 881(e) and Minnesota Statutes, Sections 609.53 1- 609.5317. 169A.63 ii.The City will use proceeds from these seizures as defined in State law and Department of Justice guidelines. Forfeited property and cash will be used: I. Only for law enforcement purposes, or: 2.Only as a supplement to budgeted funds, or: 3.Not as a source to supplant ordinary operating expenditures iii. The City will establish procedures to ensure the safekeeping of forfeited property and funds until such time as they are used for approved purposes. e.Tax Increment Funds - These funds were established to account for the collection of tax increment generated revenues for parcels within the districts. These funds are used to finance various redevelopment activities within the Districts. f.City Initiatives Grant Fund - Revenues and expenditures from recurring grants or donations received from outside entities (federal, state, local) are accounted for in the fund. Debt Service Funds Debt service funds account for payments of principal and interest on City debt issuances. Fund balances are considered restricted as they are resources accumulated for principal and interest payments maturing in future years. Capital Project Funds Capital project funds are used to account for and report financial resources that are restricted, committed, or assigned to expenditure for capital outlays, including the acquisition or construction of capital facilities and other capital assets. Subledger codes are used to differentiate spending on multiple projects within individual capital project funds. Capital improvements should be included in the City's 15 year Capital Improvement Plan which is adopted by City Council at a public hearing on an annual basis. a.Capital Improvements Fund - Large capital expenditures for municipal buildings, furnishings, equipment, computer/radio systems, park and trail improvements, and capital projects made possible through outside funding sources, are accounted for in the Capital Improvements Fund. b.Municinal State Aid Construction Fund - In 1957 the Minnesota legislature authorized the establishment of a Municipal State Aid Streets system in all Minnesota cities with a population of 5,000 or greater not to exceed 20 percent of the city's improved local mileage. The City receives an annual allocation of State Aid for streets in two pieces: i.Annual Maintenance Allocation - may be spent on crack sealing, seal coating, signs, and striping on streets within the designated MSA system. ii.Annual Construction Allocation - these funds are tied to specific projects that are approved by MNDOT which are then reimbursed over time via an annual allocation. Depending on need and availability of reimbursement funds, the construction funding can lag several years behind the completion of eligible projects in this fund. Capital Reserve Emergency Fund - While the City carries property and casualty insurance, the City may need additional funds beyond insurance proceeds in the event of natural or other disaster impacting its buildings and their contents, as well as other improvements to real property. Also, unanticipated failure of buildings or improvements to buildings may require immediate expenditure of funds for repair or replacement that are not covered by insurance. The funds placed in the Capital Expenditure Reserve Fund are not to be considered a source for planned or recurring capital needs, but only to deal with emergency needs as described due to damage, loss, or failure of existing buildings and other improvements to real property. d. Special Assessments Construction Fund - The special assessments construction fund accounts for the resources and expenditures required for the acquisition and construction of infrastructure improvements that are financed wholly or in part by special assessments levied against benefited properties. Only those expenses that will be reimbursed via special assessment revenues or paid for from bond proceeds of which the underlying bonds will be repaid solely from special assessments qualify for reporting in the special assessments construction fund. e. Street Reconstruction - This fund was established to provide funds and to account for the expenditure of such funds, for major street infrastructure improvements. The accumulation of funds to provide for such improvements is an attempt to reduce future debt issuance. i.Sources of Funds I. Franchise fees collected from CenterPoint Energy and Xcel Energy 2. Bond proceeds to be repaid with property tax levies ii.Uses of Funds 1. Street reconstruction projects performed in accordance with the City's 15 year capital improvement plan, specifically neighborhood reconstruction projects and mill and overlay projects as necessary. Technolouv Fund - The Technology Fund accounts for new technology improvements and the replacement of existing technology and capital items necessary to increase productivity and operating efficiencies. The majority of expenditures in this fund relate to technology infrastructure maintenance and expansion such as servers, switches, wireless access points, surveillance and audio visual technology. Minor technology purchases such as desktop and laptop replacements, monitors, etc. are not permitted in this fund; rather they are coded to the fund and department that utilizes them. g. Additional Capital Project Funds -New capital project funds will be created as necessary for projects that warrant separate presentation due to their scope or complexity of funding sources. Enterprise Funds Enternrise Funds are those oro grams provided by the City which generate their own revenues for operations and capital maintenance. In some cases these funds are expected to generate enough revenue to support capital projects in other funds. thereby reducing the need for use of the property tax levy. The City of Brooklyn Center operates three Enterprise Funds: a.Brooklyn Center Liquor b.Centerbrook Golf Course c. Earle Brown Heritage Center Capital improvement projects in these enterprise funds that exceed a total anticipated cost of $25.000 should be included in a Capital Improvement Plan which is annually adopted by City Council in conjunction with the budget process. Public Utility Funds The Public Utility Funds track the revenues and expenditures for fee based public utility services provided by the City. These funds operate on their own ability to generate revenues and receive no property tax support. Each year the City Council reviews the operations of these funds and sets rates for each service based on the needs for general operations, capital spending and debt service payments. The public utilities include: a.Water Utility Fund b.Sanitary Sewer Fund c.Storm Sewer Fund d.Streetlight Utility Fund e. Recycling Utility Fund Capital improvement projects in these public utility funds that exceed a total anticipated cost of $50,000 should be included in the City's 15-year Capital Improvement Plan which is annually adopted by City Council in conjunction with the budget process. Internal Service Funds Internal Service funds exist to centralize certain services and then allocate the cost of those services within the government. The City of Brooklyn Center internal services funds include: a.Central Garage - The Central Garage is used to fund replacement, maintenance, fueling, and insurance of the City's fleet of vehicles through inter-fund charges to departments. Vehicle replacement costs are updated each year to ensure replacement costs being charged to departments are sufficient to purchase a new vehicle when the useful life has been reached. Replacement equipment and new equipment should be identified and approved by council during the budget process. If new or replacement equipment is needed unexpectedly subsequent to the budget process for that year, the items should be presented to and approved by council prior to purchase. b.Employee Retirement Benefit - This fund accounts for certain health care insurance benefits for City employees who retire before age 65. Substantially all of the City's full-time police and fire employees and all other full-time employees hired before July 1, 1989 may be eligible for those benefits from the time they qualify for an unreduced PERA pension, until they reach age 65 or become eligible for Medicare. In the event that future costs would exceed funds available, other funds would be charged for the costs associated with their employees. Em ployee Compensated Absences - This fund accounts for payment of unused vacation and vested sick leave benefits, and the allocation of such costs to the respective departments and funds of the City. d. Pension - GERF/PEPFF - These funds were established to account for the net pension liability and related expense recorded with the adoption of GASB 68 related to the PERA Coordinated plan (GERF) and the PERA Police and Fire plan (PEPFF), respectively and the allocation of such costs to the respective departments and funds of the City. City C©m©il Agenda Item No. 6f COUNCW IITEM MEMORANDUM DATE: September 11, 2017 TO: Curt Boganey, City Manager FROM: Jesse Anderson, Deputy Director of Building and Community Standards/HRA 0AL-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 2017 budget under the Public Works Forestry operating budget. The cost of removal for diseased trees located on private property is the responsibility of the Mission: Ensuring an a/true/he, clean, safe, inclusive community that enhances the quality of life Rn all people filld preserves the Public trust [i1PJ[iJ IUI I DkYA U I EA 0] 1I 1BJi'i respective property owner, and if unpaid, is specially assessed to the property. Strategic Priorities: Safe, Secure, Stable Community Mission: Ensu;ing an atiracuve, clean, sq/e, inclusive coinInunhtj' that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES AT CERTAIN PROPERTIES IN BROOKLYN CENTER, MINNESOTA WHEREAS, Brooklyn Center City Code Section 20-301 declares any diseased tree a public nuisance and provides for abatement by the City if not corrected by the property owner; and; WHEREAS, removal of diseased trees and abatement of the public nuisances is necessary to prevent the spread of tree diseases and to protect the environmental quality and desirability of neighborhoods; and WHEREAS, a Notice to Abate Nuisance and a Diseased Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center allowing the owners twenty (20) days to remove diseased trees on the owners' property; and WHEREAS, the City can expedite the removal of these diseased trees by declaring them a public nuisance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The diseased tree at the following address is hereby declared to be a public nuisance. Property Address Tree Type Tree Number 4810 63rd AveN Elm 89 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. September 11, 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©iuiin©ll Agendne, Item N©0 6g COUNCII IITEM MEMORANDUM DATE: August 30, 2017 TO: Curt Boganey, City FROM: Sharon Knutson, City Clerk J^WA4"- SUBJECT: Application and Permit for Temporary On-Sale Liquor License Submitted by The Loppet Foundation for an Event to be Held at Surly Brewing Company, 4811 Dusharme Drive, Brooklyn Center, on October 21, 2017 Recommendation: It is recommended that the City Council consider approval of the application and permit for temporary on-sale liquor license submitted by The Loppet Foundation for an event to be held at Surly Brewing Company, 4811 Dusharme Drive, on October 21, 2017. Background: The Loppet Foundation has submitted an application and permit for temporary on-sale liquor license for an event to be held at Surly Brewing Company, 4811 Dusharme Drive, on October 21, 2017. The applicant has satisfied the City's requirements, submitted the $25 fee for each day of the license, along with a certificate of coverage for liquor liability insurance, and has existed as a non-profit organization for at least three years. The applicant will meet with the Police Department to review and discuss parking, safety, and security issues. After Council review, the application and permit will be forwarded to the Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division for approval. City Ordinance Section 11-1OjJ Temporary On-Sale Intoxicating Liquor License. This license may be issued only upon receiving the approval from the Commissioner of Public Safety. The license may be issued only in connection with a social event within the city that is sponsored by a club or charitable, religious, or other nonprofit organization that has existed for at least three years or to a brewer who manufactures fewer than 3,500 barrels of malt liquor in a year. The license may authorize the sale of intoxicating liquor to be consumed on the Premises for not more than three consecutive days, and the City shall issue no more than twelve days' worth of temporary licenses to any one organization or for any one location within a 12-month period. The temporary license may authorize the sale of intoxicating liquor to be consumed on Premises other than Premises the licensee owns or permanently occupies. The temporary license may provide that the licensee may contract for intoxicating liquor catering services with the holder of an On-Sale Intoxicating Liquor License issued by any municipality. Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life fbi all people an ilpreseui'es the public (just OF PU 0 Will Minnesota Department of Public Safety ALCOHOL AND GAMBLING ENFORCEMENT DIVISION 444 Cedar Street Suite 222, St. Paul MN 55101-5133 (651) 201-7507 Fax (651) 297-5259 TY (651) 282-6555 WWW.DPS.STATE.MN.US iM I APPLICATION AND PERMIT FOR A 1 TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE TVDI? riD DDTNTT T?.Jur1p1rATTr1\T NAME OF ORGANIZATION( DATE ORGANIZED TAX EXEMPT NUMBER 0 t CITY STATE ZIP CODE N ME OF PE SON MAKING AP LICATIO - - BUSINESS PHONE () ( HOME PHONE 2) DATES LIQUOR WI BE SOLD /TYPE OF ORGAN TION CLUB CHARTABLE RELIGIOUS OTHER NONPROFIT ORGANIZATION OFFICERS NAME ADDRESS ORGANIZATION OFFICER'S NAME ^Cu^_ ^^ [OLSM ADDRESS 2- o ORGANIZATION OFFICERS NAME ADDRESS4m 3+.1( Location license will be used. If an ou door area descri ( OtTh Will the applicant contract for intoxicating liqu i servce? so, give the name a i address ft ie li ior licensee providing the seivice. Will the applicant carry liquor liability insurance? If so, please provide the carrier 's name and amount of coverage. APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL & GAMBLING ENFORCEMENT L(CI Y/OUNTY DATE APPROVED_________________ CITY FEE AMOUNT 5 DD LICENSE DATES DEP SIGNATURE CITY CLERK OR COUNTY OFFICIAL APPROVED DIRECTOR ALCOHOL AND GAMBLING ENFORCEMENT NOTE: Submit this form to the city or county 30 days prior to event Forward application signed by city and/or county to me anuress above. If the application is approved the Alcohol and Gambling Enforcement DMsio wilt rehire this application to be used as the License for the event PS-09079 (12/09) City C©iuinili Ageirdi Hem N0 61i [1S1BJ[* I fl I I DkYA IhYA I Dk ES) 1aIh1 flhJ I DATE: August 22, 2017 TO: Curt Boganey, City Manager FROM: Jim Glasoe, Director of Community Activities, Recreation and Services SUBJECT: Resolution Accepting Bid and Awarding a Contract, Community Center Mechanical System Improvements Project Recommendation: It is recommended that the City Council consider approval of the lowest responsible bidder and award a contract to Sheehy Construction for the completion of the Community Center Mechanical System Improvements Project. Background: Bids for the Community Center Mechanical System Improvements Project were received and opened on August 17, 2017. This project includes the supplemental dehumidification unit and associated work for the Community Center pool area. The architect's estimate for the project was $800,000. The bidding results including all approved alternates are tabulated below. BIDDER TOTAL Morcon Construction $774,000.00 Sheehy Construction $753,300.00 Of the bids received, the lowest bid of $753,300.00 was submitted by Sheehy Construction of St. Paul, Minnesota. Per a due diligence check (information enclosed) conducted by City staff and Stantec, Inc., Sheehy Construction has the experience, equipment and capacity to qualify as the lowest responsible bidder on the project. Per their bid, Sheehy Construction proposes to complete the construction prior to January 25, 2018. Budget Issues: There are adequate funds in the Capital Improvements Fund to cover the cost of the improvements, including contingencies and administrative costs. Costs Project Contract Contingency AdminlLegal/Engr. Total Estimated Project Cost Amended as ocr Low Bid $753,300.00 $ 90,396.00 $ 60,264.00 $903,950.00 IItssjo,z: Eiisiiiiiig an attractive, clean, safe, inclusive coinawnhty that enhances the quality a/life for all people and preserves the public trust [EO1IJ[i1 I R I I 1k"A UhYA I DIk 0] 1iI IlIJk'A I Revenues Amended as per Low Bid CIP Fund $903,950.00 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 ACCEPTING BID AND AWARDING A CONTRACT, COMMUNITY CENTER MECHANICAL SYSTEM IMPROVEMENTS PROJECT WHEREAS, Pursuant to an advertisement for bids for the Brooklyn Center Community Center Mechanical System Improvements Project, bids were received, opened and tabulated by the City Clerk and CARS Director on August 17, 2017. Said bids were as follows: BIDDER TOTAL Morcon Construction $774,000.00 Sheehy Construction $753,300.00 WHEREAS, it appears that Sheehy Construction, of St. Paul, Minnesota, is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1.The Mayor and City Manager are hereby authorized and directed to enter into a contract with Sheehy Construction of St. Paul, Minnesota, in the name of the City of Brooklyn Center for the Community Center Mechanical System Improvements Project, according to the plans and specifications therefore approved by the City Council and on file in the office of the CARS Director. 2.The estimated project costs and revenues are as follows: Costs Project Contract Contingency AdminlLegal/Engr. Total Estimated Project Cost Revenues CIP Fund Amended as per Low Bid $753,300.00 $ 90,396.00 $ 60,264.00 $903,950.00 Amended as per Low Bid $903,950.00 August 28, 2017 Date Mayor RESOLUTION NO. ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Oty C©iiLr&ll Agenda flrn N©0 COUNCIL ITEM MEMORANDUM DATE: September 11, 2017 TO: Curt Boganey, City Manager FROM: Jesse Anderson, Deputy Director of Building and Community Standards/HRA Specialist yz^_ SUBJECT: Public Hearings on Proposed Special Assessments for Nuisance Abatement Costs, and Administrative Fines/Citations Recommendation: It is recommended that the City Council conduct the subject Public Hearings and consider approval of the attached resolutions certifying special assessments for Nuisance Abatement Costs and Administrative Fines/Citations. Background: Two Public Hearings are scheduled for September 11, 2017 to consider certification of proposed special assessments. The City Council called for a Public Hearing for September 11, 2017 at its August 14, 2017 meeting. The Notice of Public Hearing was posted in the City's official newspaper, Sun Post, on August 24, 2017. All potentially affected property owners have been notified by certified mail of the date of the Public Hearing and the amount of the proposed special assessments. As of September 5, 2017, a formal appeal has not been made to City staff since the August 14, 2017 Council meeting. The following is a brief summary of the minimum process involved in City-facilitated abatements. o A written compliance notice is provided to the owner of record. In addition to notifying the owner of record, in certain cases, properties may be posted or other responsible parties may be notified. A follow up inspection is conducted to verify compliance. If compliance is not achieved, the City will take corrective actions to remove the public nuisance or hazard. o The City bills the owner of record for the portion of costs the City has incurred directly related to the abatement action. A service charge is applied to help recover city costs associated with the entire abatement process- inspections, notifications, invoicing, administrative systems, etc. o The costs of the abatements are recorded as pending special assessments and this information is available to the public. When a property is sold, title companies, real estate agents, or other parties often conduct property searches to determine the pending and levied special assessment amounts. iWission: Ensuring an altractive, clean, ,caJ?, inclusive coiflinuflilj' that enhances the quality oJljfe fior all people and preserves the public trust ES1Iki(i1 I U I I k'A L'A U DI (I]1WI WJAI Payments of any pending or levied special assessment should be determined by the sellers and buyers as part of the sales transactions. For administrative citations/fines, an appeal process is prescribed by City Ordinance Chapter 18. Information about the appeal process and timeframes is provided with the citation. Recommended Council Procedure Staff recommends that the City Council conduct the hearings concurrently. The attached resolutions certifying the assessments to the Hennepin County tax rolls are provided for Council consideration upon closing of the Public Hearings. If any additional property owner files an appeal with the City Clerk prior to the Public Hearing, or should any person appear at the hearing and object to an assessment, staff recommends that the Council refer any substantive objections to staff for a report back to the Council at a continued hearing. An example might be an issue whereby staff would need to research the history of a particular complaint and assemble documentation. The Council should consider removing the objection related assessment from the proposed levy roll and adopting the remaining proposed assessments. If an appeal for a specific property is filed within district court, the City Attorney will advise the Council of options for handling the dispute and potential litigation issues. Payment Options available to Property Owners Once an assessment roll is adopted by the Council, the owner of each property has the following options: Pay the entire amount of the special assessment, without interest, between September 12, 2017 and October 11, 2017. After October 11, 2017 through November 22, 2017, the property owner may pay the total special assessment plus accumulated interest (3.5 percent) through the date of payment. 3. If payments are made with property taxes, the first payment will be due with taxes in 2018. The total principal will be payable in annual installments for the period stated on the levy roll and as indicated below. Interest of 3.5 percent is accrued on the unpaid balance. Nuisance Abatement Costs One Year Administrative Vacant Building Registration One Year Administrative Fines/Citations One Year Partial prepayments (such as paying half now and certifying the balance) are not allowed under current assessment policy. z1i,siini: Ensuring un atmicuve, clean, safr, inclusive cojnnuuutj' that enhances the quality n/life fi,r all people and preserves the public trust [i[I1IJ[i1 I I Dk!4 Uk'A I kA 0) 1AI IIIJk'AI Budget Issues: These fees help recover some costs the City incurs related to services provided to specific properties. For accounting purposes, special assessments fees are included in the general fund as revenue. It is anticipated that these costs recovered through special assessments will be received in 2018, and are therefore included in the 2018 budget. The levy roll for nuisance abatement costs totals $14,015. The levy roll for administrative fines/citation costs $36,855. An updated list will be provided at the Council Meeting reflecting payments made by September 8, 2017. Attachment: Resolutions- Nuisance Abatements Administrative Fines/Citations List of Levied Properties- The updated list will be provided at the Council Meeting based on payments made by September 9, 2016. Strategic Priorities: Safe, Secure, Stable Community IIlissiinz: Ensuring an attractive, clean, safr, inclusive community that enhances the qzmaIitv q f We for all people anti preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR NUISANCE ABATEMENT COSTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the City of Brooklyn Center has caused abatement removal on certain properties within the City from July 1, 2016 thin June 30, 2017 under the authority of City Ordinance Section 12-1504 and Minnesota Statutes, Section 429 and/or by written agreement with the owners of such property; and WHEREAS, on September 11, 2017, certain abatement accounts remained unpaid; and WHEREAS, an assessment roll for unpaid accounts from July 1, 2016 thru June 30, 2017, a copy of which is attached hereto and made part hereof by reference, has been prepared by the City Clerk, tabulating those properties where abatement costs are to be assessed, together with the amounts proposed to be assessed to each property; and WHEREAS, Minnesota State Statute authorizes the certification of delinquent abatement accounts to the County tax rolls for collection; and WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for abatement costs. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1.The special assessment roll of abatement costs incurred from July 1, 2016 thru June 30, 2017 is hereby adopted and certified as Levy No. 19599. 2.The special assessments as adopted and confirmed shall be payable with ad valorem taxes in 2018, in one annual installment with interest thereon at three and a half (3.5) percent per annum and shall bear interest on the entire assessment from October 1, 2017 through December 31, 2018. 3. The owner of any property so assessed may at any time prior to the certification of the assessment to the County Auditor pay the whole of the assessment, to the City Treasurer, without interest, if the entire assessment is paid on or before October 12, 2017. After October 12, 2017, he or she may pay the total special assessment, plus interest. Interest will accumulate from October 1, 2017 through the date of payment. Such payment must be made by the close of business November 22, 2017 or interest will be charged through December 31 of the succeeding year. RESOLUTION NO. 4. The City Clerk shall forthwith transmit a certified duplication of this assessment to the County Auditor to be extended on the proper tax lists of the county and such assessments shall be collected and paid over in the same manner as other municipal taxes. September 11, 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: whereon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR ADMINISTRATIVE FINES/CITATION COSTS TO THE HENINEPIN COUNTY TAX ROLLS WHEREAS, the City of Brooklyn Center has caused Administrative Fines/Citation costs for certain properties within the City from July 1, 2016 thru June 30, 2017 under the authority of City Ordinance Section 18-204 and Minnesota Statutes, Section 429; and WHEREAS, on September 11, 2017, certain Administrative Fines/Citation costs remained unpaid; and WHEREAS, an assessment roll for unpaid accounts from July 1, 2016 thru June 30, 2017, a copy of which is attached hereto and made part hereof by reference, has been prepared by the City Clerk, tabulating those properties where Administrative Fines/Citation costs are to be assessed to each property; and WHEREAS, City Ordinance Section 18-210 and Minnesota State Statute authorizes the certification of certain delinquent Administrative Fines/Citation accounts to the County tax rolls for collection; and WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for Administrative Fines/Citation costs. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1.The special assessment roll of Administrative Fines/Citation costs incurred from July 1, 2016 thru June 30, 2017 is hereby adopted and certified as Levy No. 19601. 2.The special assessments as adopted and confirmed shall be payable with ad valorem taxes in 2018, in one annual installment with interest thereon at three and a half (3.5) percent per annum and shall bear interest on the entire assessment from October 1, 2017 through December 31, 2018. RESOLUTION NO. 3.The owner of any property so assessed may at any time prior to the certification of the assessment to the County Auditor pay the whole of the assessment, to the City Treasurer, without interest, if the entire assessment is paid on or before October 12, 2017. After October 12, 2017, he or she may pay the total special assessment, plus interest. Interest will accumulate from October 1, 2017 through the date of payment. Such payment must be made by the close of business November 22, 2017 or interest will be charged through December 31 of the succeeding year. 4.The City Clerk shall forthwith transmit a certified duplication of this assessment to the County Auditor to be extended on the proper tax lists of the county and such assessments shall be collected and paid over in the same manner as other municipal taxes. September 11, 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: whereon said resolution was declared duly passed and adopted. U1ViItI]1MI1PWUtII1I STATE OF MINNESOTA )ss COUNTY OF HENNEPIN Charlene Void being duly sworn on an oath, states or affirms that he/she is the Publishers Designated Agent of the newspaper(s) known as: SP Brooklyn Ctr/Brooklyn Park with the known office of issue being located in the county of: HENNEPIN with additional circulation in the counties of: HENNEPIN and has full': knowledge of the facts stated below: (A)The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B)This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 08/24/2017 and the last insertion being on 08/24/2017. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relatingto the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. By: QX9Lb Designated Agent Subscribed and sworn to or affirmed before me on 08/24/2017 by Charlene Void. Notary Public Notary Pubic-Minnesota My Commission Expires Jan 31 2019 li wvvVAAW,VVWVWVVWW%4W Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $46.90 per column inch Ad ID 723294 CITY OF BROOKLYN CENTER NOTICE OF PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS Notice is hereby given that the City Council of the City of Brook- lyn Center, Minnesota, will meet in the Council Chambers of Brooklyn Center City Hall at 6301 Shingle Creek Parkway, on Monday, Sep- tember 11, 2017 at 7 p.m. or as soon thereafter as the matter may be heard, to hear and pass upon any objections to the proposed as- sessments for the following: DELINQUENT PUBLIC UTILITY ACCOUNTS Special Assessments are pro- posed for public utility charges to those tracts or parcels where such charges were delinquent as of June 30, 2017, and, after due notice to the property owner, remain unpaid, pursuant to City Ordinances, Sec- tion 4105 and Section 4-201. DELINQUENT NUISANCE ABATEMENT ACCOUNTS It is proposed to assess the costs of delinquent abatement costs to those tracts or parcels where, pursuant to City Ordinance Section 12-1101, 12-1206, 12- 1504 and in accordance with MS 429 and 463.251, abatement pro- cedures were performed by order of City Inspectors and the cost for such abatement remains unpaid. DELINQUENT ADMINISTRATIVE FINES/CITATIONS It is proposed to assess the costs of delinquent administrative fines/citations to those tracts or parcels where, pursuant to City Ordinance Section 18-204, 18-210 and in accordance with MS 429, delinquent administrative fines/ citations were issued and the cost for such fines remains unpaid. PROCEDURAL INFORMATION FOR OBJECTIONS TO SPECIAL ASSESSMENTS An owner may appeal an as- sessment to district court pursu- .,ant to Minnesota Statutes, Sec- tion 429.081 by serving notice of the appeal upon the Mayor or City Clerk within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the Mayor or City Clerk. No such appeal as to the amount of an assessment for a specific parcel of land may be made unless the own- er has filed a written objection to that objection to that assessment, signed by the affected property owner, with the City Clerk prior to the hearing or has presented such a written objection to the presiding officer at the hearing. These assessments are now on tile at City Hall and open to public inspection. Written or oral objec- tions to the proposed assessments will be considered at this meeting, but the City Council may consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected prop- erty owners as it deems advisable. AUXILIARY AIDS AVAILABLE UPON REQUEST Auxiliary aids for persons with disabilities are available upon re- quest at least 96 hours (4 days) in advance of the hearing. Please contact the City Clerk at 763-569- 3300 to make arrangements. Sharon Knutson City Clerk Published in the Brooklyn Center Sun Post August 24, 2017 723294 Amended Special Assessment Certified Roll (Admin Fines/Citations) July 1, 2016 to June 30, 2017 Administrative Penalty/Citation Printed August 30, 2017 Municipal Code No. 22 Levy Runs One Year Capita Special Pending Interest Assessment Amount Levy No.Property Address Property ID Amount Charge Charge Certified 19601 6007 Lyndale Ave N 01-118-21-12-0033 250.00 10.00 30.00 290.00 19601 6OlS Aldrich Ave N 01-118-21-21-0082 300.00 10.00 30.00 340,00 19601 6029 Bryant Ave N 01-118-21-21-0094 125.00 10.00 30.00 165.00 19601 6021 Bryant Ave N 01-118-21-21-0097 250.00 10.00 30.00 290.00 19601 6035 Dupont Ave N 01-118-21-22-0032 125.00 10.00 30.00 165.00 19601 602O Emerson Ave N 01-118-21-22-0041 125.00 10.00 30.00 165.00 19601 6001 Emerson AveN 01-118-21-22-0053 375.00 10.00 30.00 415.00 19601 6Ol4 Girard Ave N 01-118-21-22-0071 300.00 10.00 30.00 340.00 19601 5817 Colfax Ave N 01-118-21-24-0022 125.00 10.00 30.00 165.00 19601 5848 Aldrich Ave N 01-118-21-24-0072 125.00 10.00 30.00 165.00 19601 SSOO Bryant Ave N 01-118-21-31-0061 300.00 10.00 30.00 340.00 19601 S556 Emerson Ave N 01-118-21-32-0010 125.00 10.00 30.00 165.00 19601 5625 Fremont Ave N 01-118-21-32-0022 375.00 10.00 30.00 415.00 19601 1424 5 5th Ave N 01-118-21-32-0059 125.00 10.00 30.00 165.00 19601 5636 Humboldt Ave N 01-118-21-32-0077 725.00 10.00 30.00 765.00 19601 5637 Girard Ave N 01-118-21-32-0078 125.00 10.00 30.00 165.00 19601 5333 Girard Ave N 01-118-21-33-0022 125.00 10.00 30.00 165.00 19601 5337 Girard Ave N 01-118-21-33-0023 900.00 10.00 30.00 940.00 19601 5455 Fremont Ave N 01-118-21-33-0033 125.00 10.00 30.00 165.00 19601 1425 55th Ave N 01-118-21-33-0072 425.00 10.00 30.00 465.00 19601 5415 Dupont Ave N 01-118-21-33-0080 1,250.00 10.00 30.00 1,290.00 19601 5309 Emerson Ave N 01-118-21-33-0120 875.00 10.00 30.00 915.00 19601 5302 Fremont Ave N 01-118-21-33-0125 125.00 10.00 30.00 165.00 19601 5320 Colfax Ave N 01-118-21-34-0076 875.00 10.00 30.00 915.00 19601 5444 Dupont Ave N 01-118-21-34-0115 425.00 10.00 30.00 465.00 19601 5614 Camden AveN 01-118-21-42-0032 125.00 10.00 30.00 165.00 19601 5445 Lyndale Ave N 01-118-21-43-0093 125.00 10.00 30.00 165.00 19601 5912 Xerxes Ave N 02-118-21-22-0028 2,750.00 10.00 30.00 2,790.00 19601 5631 HillsviewRd 02-118-21-31-0002 125.00 10.00 30.00 165.00 19601 5301 Russell AveN 02-118-21-34-0002 1,200.00 10.00 30.00 1,240,00 19601 54O2 Russell Ave N 02-118-21-34-0053 300.00 10.00 30.00 340.00 19601 5524 Knox Ave N 02-118-21-41-0111 125.00 10.00 30.00 165.00 19601 5520 James Ave N 02-118-21-41-0119 375.00 10.00 30.00 415.00 19601 2006 Brookview Dr 02-118-21-42-0106 2,100.00 10.00 30.00 2,140.00 19601 5601 Logan AveN 02-118-21-42-0120 125.00 10.00 30.00 165.00 19601 2113 5 5th Ave N 02-118-21-43-0117 125.00 10.00 30.00 165.00 19601 6019 Brooklyn Blvd 03-118-21-12-0017 125.00 10.00 30.00 165.00 19601 5806 Drew AveN 03-118-21-13-0020 250.00 10.00 30.00 290.00 19601 5801 Halifax AveN 03-118-21-24-0104 125.00 10.00 30.00 165.00 19601 4012 5 8th Ave N 03-118-21-24-0106 250.00 10.00 30.00 290.00 19601 3819 Burquest La 03-118-21-31-0039 125.00 10.00 30.00 165.00 19601 5101 Xerxes Ave N 10-118-21-11-0021 900.00 10.00 30.00 940.00 19601 3321 5Oth Ave N 10-118-21-13-0013 250.00 10.00 30.00 290.00 19601 4819 Lakeview Ave 10-118-21-32-0056 125.00 10.00 30.00 165.00 City of Brooklyn Center - 6301 Shingle Creek Parkway - Brooklyn Center MN 55430 Page 1 of 2 Amended Special Assessment Certified Roll (Admin Fines/Citations) July 1, 2016 to June 30, 2017 Administrative Penalty/Citation Printed August 30, 2017 Municipal Code No. 22 Levy Runs One Year Capital Special Isitai Peuidllng Interest Assessment Amount Levy No.Property Address Property ID Amount Charge Charge Certified 19601 4207 Lakeside Ave 00221 10-118-21-32-0133 750.00 10.00 30.00 790.00 19601 7241 Fremont Ave N 25-119-21-32-0011 125.00 10.00 30.00 165.00 19601 l30072nd Ave N 25-119-21-32-0021 300.00 10.00 30.00 340.00 19601 7049 Emerson Ave N 25-119-21-32-0088 250.00 10.00 30.00 290.00 19601 7243 Morgan AveN 26-119-21-42-0053 375.00 10.00 30.00 415.00 19601 7018 Irving AveN 26-119-21-44-0056 2,000.00 10.00 30.00 2,040.00 19601 7ll8 Major Ave N 27-119-21-32-0035 125.00 10.00 30.00 165.00 19601 7207 Kyle AveN 27-119-21-32-0081 125.00 10.00 30.00 165.00 19601 44017 1 st Ave N 27-119-21-32-0123 250.00 10.00 30.00 290.00 19601 7O48 France Ave N 27-119-21-42-0021 300.00 10.00 30,00 340.00 19601 7Ol8 France Ave N 27-119-21-43-0057 600.00 10.00 30.00 640,00 19601 3606 Urban Ave 27-119-21-43-0096 375.00 10.00 30.00 415.00 19601 5200 7Oth Ave N 28-119-21-43-0035 600.00 10.00 30.00 640.00 19601 7033 Unity AveN 28-119-21-43-0118 1,800.00 10.00 30.00 1,840.00 19601 7O24 Regent Ave N 28-119-21-44-0058 500.00 10.00 30.00 540.00 19601 6812 Scott Ave N 33-119-21-12-0062 300.00 10.00 30.00 340.00 19601 6843 Regent AveN 33-119-21-12-0089 125,00 10.00 30.00 165.00 19601 6601 Unity AveN 33-119-21-13-0077 300.00 10.00 30.00 340.00 19601 6324 Scott Ave N 33-119-21-42-0024 125.00 10.00 30.00 165.00 19601 3300 67th Ave N 34-119-21-11-0113 125.00 10,00 30.00 165.00 19601 683O Ewing Ave N 34-119-21-12-0053 375.00 10.00 30.00 415.00 19601 66I2 Ewing Ave N 34-119-21-13-0085 1,000.00 10.00 30.00 1,040.00 19601 3025 Quarles Rd 34-119-21-14-0084 125.00 10.00 30.00 165.00 19601 4501 Winchester La 34-119-21-23-0067 900.00 10.00 30.00 940.00 19601 4207 Winchester La 34-119-21-24-0043 0.00 10.00 30.00 40.00 19601 6407 Marlin Dr 34-119-21-31-0072 125.00 10.00 30.00 165.00 19601 4013 65th Ave N 34-119-21-31-0085 125.00 10.00 30.00 165.00 19601 4530KathreneDr 34-119-21-32-0044 125.00 10.00 30.00 165.00 19601 6753 Humboldt Ave N 35-119-21-11-0017 125,00 10.00 30.00 165.00 19601 6765 Humboldt Ave N 35-119-21-11-0022 300.00 10.00 30.00 340.00 19601 6501 Brooklyn Di'35-119-21-31-0009 300.00 10.00 30.00 340.00 19601 6648 West River Rd 36-119-21-13-0002 375.00 10.00 30.00 415.00 19601 6628 Camden Dr 36-119-21-13-0093 125.00 10.00 30.00 165.00 19601 68l7 Bryant Ave N 36-119-21-21-0031 125.00 10.00 30.00 165.00 19601 672S Aldrich Ave N 36-119-21-21-0087 125.00 10.00 30.00 165.00 19601 6642 Dupont AveN 36-119-21-24-0045 750.00 10.00 30.00 790.00 19601 6400 Fremont Ave N 36-119-21-32-0028 375.00 10.00 30.00 415.00 19601 6llS Aldrich Ave N 36-119-21-34-0008 125.00 10.00 30.00 165.00 Total:36,855.00 City of Brooklyn Center -6301 Shingle Creek Parkway - Brooklyn Center MN 55430 Page 2 of 2 Amended Special Assessment Certified Roll (Abatement) July 1, 2016 to June 30, 2017 Abatement Printed August 30, 2017 /Iunicipal Code No. 22 Levy Runs One Year pjtiij Special Pending Interest Assessment Amount Levy No.Property Address PropertyID Amount Charg_e Charge Certified 19599 3613 54th Ave N 03-118-21-43-0029 375.00 10.00 30.00 415.00 19599 5127 Twin Lake Blvd E 10-118-21-21-0004 550.00 10.00 30.00 590.00 19599 7241 Fremont Ave N 25-119-21-32-0011 8,295.00 10.00 30.00 8,335.00 19599 7000 Oliver Ave N 26-119-21-43-0087 3,165.00 10.00 30.00 3,205.00 19599 723 6 Noble Ave N 27-119-21-32-0052 425.00 10.00 30.00 465.00 19599 6842 Regent Ave N 33-119-21-11-0088 650.00 10.00 30.00 690.00 19599 4007 Janet La 34-119-21-34-0027 275.00 10.00 30.00 315.00 Total:14,015.00 City of Brooklyn Center -6301 Shingle Creek Parkway - Brooklyn Center MN 55430 Page 1 of 1 Special Assessment Public Hearings Public Nuisance Abatement Costs Administrative Vacant Building Registrations Administrative Citations/Fines Presented by: Jesse Anderson, Deputy Director of Building and Community Standards City of Brooklyn Center City Council Meeting September 11, 2017 Special Assessment Background •Minnesota State law allows cities to recover costs of certain types of services through special assessment to the property •City incurs costs associated with these public service programs and activities. If unpaid, these costs may be specially assessed to the property. •Public Hearing required 09/11/2017 2 City Council Meeting Special Assessment Background cont… •Pending special assessments made available to public, including Title Companies, when a property sale takes place o Buyer responsible for negotiating any outstanding fees with previous owner. •New owner may contact the realtor and/or Title Company to see if there was error with Title Company search or with the payment. Very few cases in which timing an issue 09/11/2017 3 City Council Meeting Special Assessment Background cont… •Property owners of record notified of Public Hearing for special assessments, meeting legal notification requirements. •Two Public Hearings are being held specific to this Council Item o Public nuisance abatement costs (junk, securing) o Administrative fines/citations •As of today o Revised proposed levy rolls provided to City Council o Reflects payments made and adjustments based on any previous communication with staff 09/11/2017 4 City Council Meeting Public Nuisance Notification Procedures •Legal processes followed •Compliance Notice mailed regarding violations and abatement 1) To owner of record- homeowner, bank, attorney, etc. 2) In addition, routinely posted at properties •City facilitates abatements (removal of violations) o Where owners do not comply, or o Where owners agree to have the abatement performed by the City •The direct costs of abatement plus administrative charges apply 09/11/2017 5 City Council Meeting Recommended Procedure for Public Hearings •Conduct all Public Hearings •Appellants state basis for their appeal at front podium during Public Hearing •Council may remove any reasonable appeal from proposed levy roll and adopt remaining proposed assessments •Appellants provide contact information to staff •Public Hearing continued for those properties •Staff will review and provide report for appeals at upcoming City Council Meeting for review by City Council o Tentative September 25, 2017 City Council Meeting (next meeting) depending on number of appeals 09/11/2017 6 City Council Meeting Guidelines for Appellants •People wishing to appeal should: 1.Use the center podium in front of Council 2.State their full name and their current address 3.Provide the address of the property with the pending special assessment (if different) 4.State the reason they think they should not have to pay the pending assessment costs 5.Then appellants should provide contact information on the signup sheet 09/11/2017 7 City Council Meeting Questions? Thank you 09/11/2017 8 City Council Meeting Cty Con-fl Agenda Hem No. blb COUNCI{L ]ITEM MEMORANDUM DATE: September 11, 2017 TO: Curt Boganey, City Manager FROM: Nathan Reinhardt, Finance Director SUBJECT: Resolution Certifying Special Assessments for Delinquent Public Utility Service Accounts to the Hennepin County Property Tax Rolls Recommendation: It is recommended that the City Council consider approval of a resolution assessing the attached list of properties with unpaid bills for utility services provided to those properties. Background: The City of Brooklyn Center annually certifies delinquent utility bills to Hennepin County. The certified bills become assessments on the property owner's following year's property tax bill. This process starts with a letter to the customer notifying them that their account is past due and that the amount will be certified against their property taxes. This first letter details the process and the legal authority for certification. Accounts that continue to remain unpaid receive a second letter indicating that their account will be certified for collection with property taxes following a public hearing. The date, time and location for the public hearing are included in this notice. Customers that do not pay after the second letter are included in the final assessment roll. The City has approximately 8,900 total utility accounts. Comparative number of accounts and dollars certified are as follows: # of Accounts Dollar Assessed Value 2013 663 $381,716.72 2014 664 $400,605.55 2015 641 $389,828.35 2016 630 $418,176.96 2017 718 $509,735.25 Budget Issues: These delinquent utility billings recorded as receivables and recognized as revenues in the current budget year. However, the actual collections of these accounts will likely occur in future years. Strategic Priorities: Safe, Secure, and Stable Community iJission: Ensuring an attractive, clean, safe, inclusive coInnullut that enhances the quality of//fe for all people a;ulpresei'ves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE HEI'ThIEPIN COUNTY PROPERTY TAX ROLLS WHEREAS, the records of the Utility Billing Division list certain accounts as delinquent as of June 30, 2017; and WHEREAS, the owners of the properties served by each delinquent account have been notified of the delinquency according to legal requirements; and WHEREAS, Minnesota Statutes 444.075 and City Ordinances, Sections 4-105 and 4201 authorize certification of such delinquent accounts to the County property tax rolls for collection; and WHEREAS, a special assessment roll, a copy of which is attached hereto and made part hereof by reference, has been prepared by the City Clerk, tabulating those properties where a delinquent public utility account is to be assessed with the amount, including interest and service charges, to be assessed; and WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessments for delinquent utility service accounts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1.The special assessment roll of delinquent public utility accounts is hereby adopted and certified as Assessment Roll No. 19595. 2.The special assessments as adopted and confirmed shall be payable with ad valorem taxes levied in 2017, in one installment with interest thereon at four (4.0) percent per annum, and shall bear interest on the entire assessment from October 1, 2017 through December 31, 2017. 3. The owner of any property so assessed may at any time prior to the certification of the assessments to the Hennepin County Auditor pay the entire assessment to the City, without interest, if the entire assessment is paid on or before October 12, 2017. From October 13, 2017, the owner may pay the entire assessment plus interest accumulated from October 1, 2017 through the date of payment. Such payments must be made by the close of business on November 22, 2017 or interest will be charged through December 31 of the succeeding year. RESOLUTION NO. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the Hennepin County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. September 11, 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. OEOU(L) 4J iL 1Ly It 11 .' 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Background: On July 27, 1998, the City Council adopted Resolution No. 98-133, approving the Regal Road Development Addition Planned Unit Development of 1998 ("PUD"), which comprehended the rezoning approval of 16.76 acre area of land bounded on the north by 66th Avenue, TB 252 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 identified the following approved uses: Pad Site No. 1 a 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 were identified as future "restaurant uses". This Resolution included a condition that the development agreement would acknowledge the follow restriction or limitation on the future use of Pad Sites 2 and 3: • 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 wash, pawn shop, or check cashing operation.. The Declaration of Covenants and Restrictions for this PUD, recorded with Hennepin County on April 30, 1999, included the following option for future amendment and restricted uses: • Owners of Lots 2 and 3, Block 1, Regal Road Development Addition may apply for amendment of the planned unit development for said lots to allow another use which is compatible with surrounding and nearby properties and consistent with the City's Comprehensive Plan and the 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 JI4issioiz: Ensuring an IIIITIZCIVe clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust EI1IJ[iJ I N I I Mh'A U'A I 0) 1WI 1IJ I check- cashing operation. 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. A review of this application indicates that the a finding was made that the proposed use of a Starbuck' s Coffee shop with a drive-thru window and a potential restaurant - sandwich shop were a good use of the property in context with the overall development of the area; a good long range use; and in the best interests of the community. However, Resolution No. 2006-25 and the Amended Declaration of Covenants and Restrictions, recorded with Hennepin County on August 10, 2006 included the same limitation and restrictions on the commercial usage of the property. The Regal Retail Building currently includes Checkers Restaurant (formerly occupied by Starbuck's Coffee), Pappy's Restaurant (formerly Jimmy Johns sandwich shop), and Regal Foods, a small neighborhood convenience store. On August 31, 2017, the Planning Commission considered Application No. 2017-008, a request by the property owner of the Regal Retail Building, that the PUD restrictions of a fast food or convenience food restaurant and convenience be removed to allow the current business uses within the existing multi-tenant commercial building at 615 66th Avenue North. A public hearing was duly noticed for the August 31 " meeting, at which time a Planning Staff Report was provided; a presentation was made that highlighted the proposed PUD changes; and comments were received from the public. Upon closing the hearing and final comments, the Planning Commission made a motion to accept and adopt Planning Commission Resolution No. 2017-009, which provided a unanimous recommendation of approval of the PUD Amendment No. 4 to the Regal Road Development 2'' Addition Planned Unit Development Budget Issues: There are no budget issues. Strategic Priorities: Targeted Redevelopment Attachments: 1998 City Council Resolution 98-133 and recorded PUD agreement 2006 City Council Resolution 2006-25 and recorded amendment to PUD agreement i1Jissio,i: 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 REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2017-008 SUBMITTED BY SP BROOKLYN CENTER, LLC FOR AMENDMENT NO. 4 TO THE REGAL ROAD DEVELOPMENT 2 " ADDITION PLANNED UNIT DEVELOPMENT WHEREAS, Planning Commission Application No. 2017-008 submitted by SP Brooklyn Center, LLC ("Applicant") proposed to amend the Regal Road Development PUD with respect to the property located at the intersection of 66th Avenue North and Camden Avenue North, and legally described as Lot 2, Block 1, Regal Road Development 2nd Addition, Hennepin County, Minnesota ("Subject Property"); and 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 of 1998 ("PUD"), 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, which includes the Subject Property, from C-2 (Commerce) to PUD/C-2 (Planned Unit Development/Commerce) District; and WHEREAS, the original Declaration of Covenants and Restrictions developed for the PUD are dated April 13, 1999 and were recorded in the office of the Hennepin County Recorder on April 30, 1999 as document number 7103844 ("1999 Declaration"); WHEREAS, the 1999 Declaration includes a restriction on the uses allowed on the Subject Property which indicates "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."; and WHEREAS, Section 8 of the 1999 Declaration indicates that it "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; and WHEREAS, the 1999 Declaration was amended by an Amendment to Declaration of Covenants and Restrictions dated December 17, 1999, filed for record on December 20, 1999, as Document No. 7231144 in the office of the Hennepin County Recorder and amended again by an Amendment Declaration of Covenants and Restrictions dated May 18, 2006, filed for record on August 10, 2006, as Document No. 8843712 in the office of the Hennepin County Recorder (collectively referred to as the "Amended Declaration"); and WHEREAS, the amendment recorded in 2006 included a restatement of the same restriction on uses applicable to the Subject Property; and 506787v2 TJG BR291-272 1 RESOLUTION NO. WHEREAS, the Subject Property has been developed as a multi-use facility and has housed a number of business uses; and WHEREAS, the Applicant is requesting the City amend the PUD to remove fast food restaurant, convenience food restaurant, and convenience store (collectively, the "Identified Uses") from the list of prohibited uses applicable to the PUD; and WHEREAS, the Planning Commission held a duly called public hearing on August 31, 2017 when a staff report and public testimony regarding the requested amendment to the PUD were received; and WHEREAS, the Planning Commission recommended approval of Application No. 2017-008 by adopting Planning Commission Resolution No. 2017- on August 31, 2017; and WHEREAS, the City Council considered Application No. 2017-008 at its September 11, 2017 meeting; and WHEREAS, the City Council has considered the Applicant's PUD amendment request in light of all testimony received, the guidelines for evaluating planned unit developments in Section 35-355 of the City's Zoning Ordinance, the City's Comprehensive Plan and the Planning Commission's recommendations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Application No. 2017-008 submitted by the SP Brooklyn Center, LLC be approved based upon the following considerations: 1.The concerns that resulted in prohibiting the Identified Uses are no longer present. 2.Some of the Identified Uses have already occurred on the Subject Property without creating any concerns for the neighboring owners or the City. 3.The Identified Uses, as current and potential businesses on the Subject Property, are reasonable uses within the PUD and are compatible with the adjacent properties. 4.Removing the Identified Uses from the list of prohibited uses within the PUD and the Amended Declaration is appropriate under the facts of this situation. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that Application No. 2017-008 be approved subject to the following conditions and considerations: 1.The amendment applies only to Lot 2, Block 1, Regal Road Development 2' Addition. 2.The Applicant must execute an amendment to the Amended Declaration to remove 506787v2 TJG BR291-272 2 RESOLUTION NO. the Identified Uses, said amendment must be in a form acceptable to the City. 3. 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 the Amended Declaration shall remain in effect and are binding on the Subject Property. BE IT FINALLY RESOLVED that the attached form of the proposed amendment to the Amended Declaration is hereby approved and the Mayor and the City Manager are authorized to execute the amendment on behalf of the City once it is in final form. September 11, 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. 506787v2 TJG BR291-272 DRAFT 8-31-17 -' •II ,1I %YI ") 'I " S I,) K181 I WIN Is Ie MENNERVIN171 IN W1 N IN [a THIS THIRD AMENDMENT is made as of this day of , 2017, by SP Brooklyn Center, LLC, a Michigan limited liability company ( "Declarant"); WHEREAS, Declarant is the owner of the real property located in the City of Brooklyn Center, Minnesota, legally described as Lot 2, Block 1, Regal Road Development 2'd Addition ("Subject Property"); and WHEREAS, the Subject Property is subject to that certain Declaration of Covenants and Restrictions dated April 13, 1999, filed for record on April 30, 1999, as Document No. 7103844 in the office of the Hennepin County Recorder, as amended by that certain Amendment to Declaration of Covenants and Restrictions dated December 17, 1999, filed for record on December 20, 1999, as Document No. 7231144 in the office of the Hennepin County Recorder, and further amended by that certain Amendment to Declaration of Covenants and Restrictions dated May 18, 2006 filed for record on August 10, 2006, as Document No. 8843712 in the office of the Hennepin County Recorder (collectively referred to as the "Amended Declaration"); and WHEREAS, the Declaration provides that use and development of the Subject Property 506769v2 TJG BR291-272 1 DRAFT 8-31-17 requires site plan approval and amendment to the planned unit development for the Subject Property; and WHEREAS, Declarant has applied to the City for an amendment to the Planned Unit Development ("PUD") for the Subject Property to remove the prohibition placed in the City's PUD approvals and the Amended Declaration as to certain uses; and WHEREAS, approval of the planned unit development for the Subject Property included as a condition of approval that Declarant enter into a PUD Agreement that would acknowledge amendments to the planned unit development and be filed with the title to the Subject Property; and WHEREAS, the City has approved the requested amendment to the PUD on the basis of the determination of the City Council of the City as being consistent with the purpose of the PUD and not interfering with the surrounding uses; and WHEREAS, as a condition of approval of the PUD amendment, the City has required the execution and filing of this Third Amendment to Declaration of Covenants and Restrictions (hereinafter the "This Declaration"); and WHEREAS, to secure the benefits and advantages of such PUD amendment, Declarant desires to subject the Subject Property to the terms hereof. NOW, THEREFORE, the Declarant declares that the Subject Property is, and shall be, held, transferred, sold, conveyed and occupied subject to the covenants, conditions, and restrictions, hereinafter set forth. 1. The Subject Property shall remain subject to, and may only be developed and used in accordance with, the requirements and restrictions of the Amended Declaration, except that the following uses are allowed to occur on the Subject Property in addition to all other uses allowed to 506769v2 TJG BR291-272 2 DRAFT 8-31-17 occur on the Subject Property under the PUD and the Amended Declaration: fast food restaurants, convenience food restaurants, and convenience stores. 2.The use of the Subject Property shall conform to the zoning regulations of the City of Brooldyn Center applicable to C-2 Districts and to all other applicable federal, state, and local laws, rules, regulations, and ordinances. 3.This Declaration supersedes the Amended Declaration as it relates to the Subject Property. 4. This Declaration run with the land of the Subject Property and shall be enforceable against the Declarant, its 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 Declarant have hereunto set their hands and seals as of the day and year first above written. (Signature pages follow) 506769v2 TJG BR291-272 3 DRAFT 8-31-17 DECLARANT SP BROOKLYN CENTER, LLC By: Its: STATE OF MICHIGAN ) ) ss COUNTY OF___________ ) The foregoing instrument was executed this ____ day of , 2017, by a chief manager of SP Brooklyn Center, LLC, a Michigan limited liability company, on behalf of the limited liability company. Notary Public 506769v2 TJG BR291-272 4 DRAFT 8-31-17 APPROVED BY THE CITY OF BROOKLYN CENTER By Its Mayor By Its City Manager STATE OF MINNESOTA ) ) SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2017, by Tim Willson and Cornelius L. Boganey, the Mayor and Manager, respectively, of the City of Brooklyn Center, a municipal corporation under the laws of Minnesota, on behalf of the City. Notary Public 506769v2 TJG BR291-272 Commissioner Schonning introduced the following resolution and moved its adoption PLANNING COMMISSION RESOLUTION NO. 2017-009 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2017-005 SUBMITTED BY SP BROOKLYN CENTER, LLC FOR A PLANNED UNIT DEVELOPMENT AMENDMENT (No. 4) TO THE REGAL ROAD DEVELOPMENT ADDITION PLANNED UNIT DEVELOPMENT OF 1998 (LOCATED 615 66TH 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 of 1998 ("PUD"), 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, the approved PUD applies to Lots 1, 2, & 3, Block 1, Regal Road Development Addition, Hennepin County, Minnesota ("Property"); and WHEREAS, on September 28, 1998, the City Council approved Planning Application No. 98-19, which comprehended the First Amendment to the PUD, 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, a Declaration of Covenants and Restrictions dated April 13, 1999 that applies to the lots within the PUD was recorded in the office of the Hennepin County Recorder on April 30, 1999 as document number 7103844 ("1999 Declaration"); 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 on the Property, and said amendment was memorialized in an amendment dated May 18, 2006 to the 1999 Declaration ("2006 Declaration Amendment"); and 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; 506748v1 TJG BR291-272 PC RESOLUTION NO. 2017- 009 however, the 1999 Declaration was not revised or amended when the developer decided not to proceed with the project; and WHEREAS, on June 26, 2017, the City Council adopted Resolution No. 2017- 100 approving a PUD amendment (Amendment No. 3) for Lot 1, Block 1 (Pad Site No. 1) and Lot 2, Block 1 (Pad Site No. 2) with several conditions to allow the redevelopment of the site from a twenty screen movie theater of approximately 85,240 sf1 with approximately 4592 seats to a 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, the 1999 Declaration restricts the use of Lots 2 and 3, Block 1 (Pad Sites No. 2 & 3), including Paragraph 3 which states "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."; and WHEREAS, SP Brooklyn Center, LLC has applied to the City of Brooklyn Center to amend the PUD and the 1999 Declaration to remove fast food restaurant, convenience food restaurant, and convenience store (collectively, the "Identified Uses") from among the prohibited uses within the PUD; and WHERAS, the prohibition on the Identified Uses was restated in the 2006 Declaration Amendment; and WHEREAS, on August 31, 2017, the Planning Commission held a duly called public hearing, whereby a staff report and public testimony regarding the requested amendment to the PUD Agreement were received and considered by the Planning Commission; the Planning Commission considered the requested amendment to the PUD 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 determine that Planning Application No. 2017-005, submitted by SP Brooklyn Center, LLC was consistent with the findings and considerations which supported the 1998 PUD rezoning and may be approved based upon the following additional considerations: a)The concerns that resulted in prohibiting the Identified Uses are no longer present, b)Some of the Identified Uses have already occurred on the property without creating any concerns for the neighboring owners or the City. c) The Identified Uses, as current and potential businesses on Pad Site No. 3, are appropriate uses within the PUD and are compatible with the adjacent properties. 2 PC RESOLUTION NO. 2017- 009 d)Approving the requested amendment will not be contrary to the goals of the City or the purpose in establishing the PUD. e)The proposed amendment to the PUD, and the additional uses it would allow to occur on the property, is supported and approved by the Planning Commission. f City will require an amendment to the 1999 Declaration and 2006 Declaration Amendment be developed and executed. AND WHEREAS, the Planning Advisory Commission of the City of Brooklyn Center did determine that Planning Application No. 2017-005, submitted by SP Brooklyn Center, LLC, 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. 2017-005 submitted by SP Brooklyn Center, LLC requesting approval of an amendment (No. 4) to the Regal Road Development Addition Planned Unit Development of 1998 and the 2006 Declaration Amendment to remove the prohibition on fast food restaurants, convenience food restaurants, and convenience stores may be approved subject to the following conditions: 1)The Identified Uses are only allowed on Lot 3, Block 1 (Pad Site No. 3) of the Property. 2)SP Brooklyn Center, LLC must execute an amendment to the 1999 Declaration and the 2006 Declaration Amendment to remove the Identified Uses, said amendment must be in a form acceptable to the City. 3) 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. August 31, 2017 Date Chair ATTEST: Secretary 3 PC RESOLUTION NO. 2017- 009 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, MacMillan, Schonning, Sweeney, and Tade; and the following voted against the same: None; whereupon said resolution was declared duly passed and adopted. MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA AUGUST 31, 2017 WU(SZIMiO1 The Planning Commission meeting was called to order by Chair Christensen at 7:00 p.m. 1tsJmK.,'mJ Chair Randall Christensen, Commissioners Alexander Koenig (arrived at 7:04 p.m.), Jack MacMillan, Stephen Schonning, Rochelle Sweeney, and Susan Tade, were present. Commissioner Abraham Rizvi was absent and excused. Director of Business & Development Gary Eitel, City Planner/Zoning Administrator Ginny McIntosh, Interim Planning Assistant Angel Smith, and Carla Wirth of TimeSaver Off Site Secretarial, Inc., were also present. 3.APPROVAL OF AGENDA - AUGUST 31, 2017 There was a motion by Commissioner Tade, seconded by Commissioner Sweeney, to approve the agenda for the August 31, 2017, meeting as submitted. The motion passed unanimously. 4.APPROVAL OF MINUTES - AUGUST 17, 2017 Chair Christensen stated the August 17, 2017, meeting minutes will be tabled to the September 14, 2017, meeting. 5.CHAIR'S EXPLANATION Chair Christensen explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. 6.PLANNING APPLICATION ITEMS 6a) APPLICATION NO. 2017-008, A REQUEST BY MIKE SEERY, ON BEHALF OF SP BROOKLYN CENTER, LLC. PROPERTY ADDRESS: 61566th AVENUE NORTH Chair Christensen introduced Application No. 2017-008, consideration of a Planned Unit Development (PUD) Amendment for the expressed purpose of amending the original PUD of the Regal Theater Development Plans of 1998 by removing from the list of restricted or prohibited uses the following: "fast food restaurant," "convenience food restaurant," and "convenience PC Minutes 08-31-17 -1- DRAFT store." The amendment will allow the present business uses in this multi-tenant commercial building to comply with the provision. (See Planning Commission Reports dated 08-31-201 7for Application No. 2017-008.) Mr. Eitel provided a presentation and background on this item. He stated Planning Staff recommends the Planning Commission provide a recommendation to the City Council to approve Planning Application No. 2017-008, a Planned Unit Development (PUD) Amendment for the expressed purpose of amending the original PUD of the Regal Theater Development Plans of 1998 and the 2006 PUD Amendment, by removing from the list of restricted or prohibited uses the following: "fast food restaurant," "convenience food restaurant," and "convenience store" (collectively, the "Identified Uses"). The amendment will allow the present business uses in this multi-tenant commercial building to comply with the provisions of the Code. Mr. Eitel reviewed the past consideration of the subject site when the PUD/C2 was originally approved in 1998. He noted that this 1998 PUD had provided an approved development for three parcels. Mr. Bitel displayed a colored rendering of the Regal Theater, and announced the Theater would be closing tonight. He reviewed action taken in 2006 to approve a site plan for the construction of a 10,000-square foot multi-tenant building on Pad Site 3. The site plan included an architectural elevation illustrating seven tenant bays, one of which was specifically identified as a coffee shop with a drive-up window and less than 40 seats. Mr. Eitel noted the 2006 project review included findings that the proposed application for PUD amendment and site and building plan approval appeared to be a good use of the property, a good long-range use, and in the best interest of the community. Staff understands the initial business uses that occupied this multi-tenant commercial building included a Starbucks, Jimmy John's Sandwich Shop, and Regal Foods. He stated that, from the beginning, these three uses were approved for this site. Mr. Eitel displayed colored photos of the building and identified each use. Mr. Eitel stated the aforementioned Identified Uses were known when the PUD amendment was approved and the City Attorney and staff were consistent in their drafting of the amendment. He stated the action tonight is to hold a public hearing and determine the following findings: a)The concerns that resulted in prohibiting the Identified Uses are no longer present. b)Some of the Identified Uses have already occurred on the property without creating any concerns for the neighboring owners or the City. c)The Identified Uses, as current and potential businesses on Pad Site No. 3, are appropriate uses within the PUD and are compatible with the adjacent properties. d)Approving the requested amendment will not be contrary to the goals of the City or the purpose in establishing the PUD. e) The proposed amendment to the PUD, and the additional uses it would allow to occur on the property, is supported and approved by the Planning Commission. if) City will require an amendment to the 1999 Declaration and 2006 Declaration Amendment to be established and executed. PC Minutes 08-31-17 -2- DRAFT Chair Christensen asked if execution of the amendment is still pending. Mr. Bitel stated the amendment has been drafted by the City Attorney and removes the uses of "fast food restaurants," "convenience food restaurant," and "convenience store," from the prohibited uses list for this lot. This action will correct the action taken in 1989 and 2006. Mr. Eitel explained the City Council will consider the Planning Commission's recommendation, and if approved, staff will be directed to execute those documents. Chair Christensen asked whether the property owner has to come before the City Council if additional changes are made. Mr. Bitel stated they are free to act within the C2 Zoning District and explained that when considered previously, the City did not want another convenience/gas station or a corporate fast food restaurant on this corner property. It was noted that legal notice was published in the local Sun-Post and notice letters were delivered to all neighboring properties within 350 feet of the subject site. OPEN TO PUBLIC COMMENTS - APPLICATION NO. 2017-008 Chair Christensen recognized residents in the audience who wished to speak on this matter, and called for comments from the public. There was a motion by Commissioner MacMillan, seconded by Commissioner Sweeney, to open the public hearing on Application No. 2017-008, at 7:22 p.m. The motion passed unanimously. Brian Alton, the applicant's legal representative, thanked Mr. Eitel for clearing this confusion and stated his appreciation to the Planning Commission for considering the draft resolution. MOTION TO CLOSE PUBLIC COMMENTS (HEAPING) There was a motion by Commissioner Sweeney, seconded by Commissioner Schonning, to close the public hearing on Application No. 2017-008. The motion passed unanimously. Chair Christensen called for questions and comments from Commissioners. Commissioner Schonning stated his support to resolve this conflict. Chair Christensen stated staff had mentioned some uses are not allowed adjacent to a particular zoning and asked whether that is the case with this property. Mr. Bitel explained the findings were part of the 2006 PUD approval. He noted there is a multiple-family residence (Melrose Gates) to the west that is not a problem and the neighboring townhouses are at a distance across 66 Ih Avenue North. He stated the findings referenced the issue as well as the PUD allowing flexibility and that the uses do not create a conflict. Chair Christensen asked whether the townhouse residents were notified. Mr. Bitel answered in the affirmative, advising everyone within 350 feet was notified. He reported Holiday is happy with the current uses and just did not want a similar use to be approved in that location. PC Minutes 08-31-17 -3- DRAFT The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2017-008 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2017-008 SUBMITTED BY MIKE SEERY ON BEHLF OF SP BROOKLYN CENTER, LLC There was a motion by Commissioner Schonning, seconded by Commissioner Koenig, to approve Planning Commission Resolution No. 2017-009. Voting in favor: Chair Christensen, Commissioners Koenig, MacMillan, Schonning, Sweeney, and Tade. And the following voted against the same: None The motion passed unanimously. The Council will consider the application at its September 11, 2017, meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. 7. DISCUSSION ITEMS 7a) HUMBOLDT SHOPPING CENTER AND CURRENT SIGN REGULATIONS Mr. Eitel referenced ordinance language provided for the Planning Commission's review related to prohibited signage, noting an administrative permit can be obtained to temporarily allow a prohibited sign. He explained the administrative use permit provisions can be adjusted or the ordinance can be amended. Mr. Eitel displayed photographs of the Humboldt Shopping Center as viewed from Humboldt Avenue, noting you would not be able to see many of the business signs. He explained that Staff looked at all of the signs and found there was not much consistency as this is an older shopping center. He displayed photos of the front building elevations, explaining some businesses, such as Scoreboard Pizza, would like to be able to post a sign advertising lunch specials. Mr. Eitel stated the Planning Commission may wish to consider the subject of signage to give the business community its best chance to succeed with better looking and more readable signs. He presented a picture of the larger Humboldt Shopping Center boulevard pylon sign, noting it lists the uses in the shopping center, although some are small and difficult to read. He suggested there could be ways to incorporate a temporary sign, such as "Pizza by the Slice." Mr. Eitel stated some of these businesses would like to improve their signage, but in some cases, don't have the financial means to do so. He stated in 2012 he prepared a report relating to sandwich board and sign violations, and while it was not presented at that time, it did ask policy PC Minutes 08-31-17 -4- DRAFT questions. He inquired as to whether it is something worthy of review. Mr. Eitel asked what can be done to help the business community, and to look at the overall inventory of signs, business advertisements, and overgrown landscaping that blocks the view of a business and/or sign. There may be solutions that would leverage a more creative flair. Commissioner MacMillan asked whether sandwich signs are prohibited. Mr. Eitel stated they are prohibited unless an administrative sign permit is issued for a 10-day period. He acknowledged that many businesses do use sandwich signs and if they do not have an administrative sign permit, they are prohibited. Mr. Eitel explained if the sandwich sign is on the sidewalk in front of a restaurant saying they are open, it may not be enforced. In the case of Five Below, a sandwich sign is set out while they are open. Mr. Eitel stated there may be some ways to consider such signage if tastefully designed. He noted that Luther Chevrolet requested an administrative use permit to install special signs for their Labor Day sale. There is a $50 application fee for the private sector and a $20 application fee for non-profits. Chair Christensen referenced Sign Code Section 34-140 language relating to permitted signs. Mr. Eitel referenced the section that relates to rummage sale types of signs. Mr. Eitel noted when the Planning Commission looked at liquor licensing, they considered it from the planning standpoint and determined whether the ordinance being more lenient or more reflective of today's business activity would be in the best interest of Brooklyn Center. He suggested that same stance be taken when considering signage. Chair Christensen stated if the City wants buildings closer to the sidewalk with parking in back, then the businesses will want a sandwich-type of sign to let those driving by know what is going on in their place of business. He agreed that successful signage is difficult when the parking separates the business from the roadway and understands why businesses want additional signage. Mr. Bitel agreed that was the style for developing commercial businesses in the 1960s, with parking in front, and noted there is a need for balance. Chair Christensen asked if businesses should be allowed a certain square footage of temporary signage on the boulevard if the building was designed with parking between the business and roadway. Businesses in older buildings need to be able to compete with businesses in newer- style buildings. Commissioner Schonning agreed that is a 'vintage' design for configuring business areas. Chair Christensen commented on restaurants that want to advertise their lunch specials or new items on their menu and stated he would like an option that does not cost a large expense. Commissioner Koenig asked if the principle issue is aesthetics as well as hazard liabilities if signage is placed on the sidewalk. He noted that in the City's climate, where aesthetic appeal may be less important with a plethora of empty business locations, some may think there is no need for signage to look terrific. Commissioner Koenig stated that it sounds like the Chair supports boulevard signage of a limited size and asked if that would also create a certain level of vitality or motivation for the public to stop in and buy a sandwich. Commissioner Koenig stated he favors that though cautioned it could become extreme in some cases with too many signs.. PC Minutes 08-3117 -5- DRAFT Mr. Eitel stated it may have been an aesthetic consideration. Commissioner Koenig asked whether allowing these signs would make the strip mall look less aesthetically pleasing, noting this particular parking lot has unfilled cracks. Mr. Eitel stated at the time the ordinance was drafted, Brooklyn Center had a regional shopping mall and many large retailers. Chair Christensen asked whether the City is a bit behind the process. Mr. Eitel explained you need to look at the intent of the Code and commercial areas. He stated at one time, he was looking at this parking lot for a farmer's market with the hope that the building owner would use the funds to improve the building. He stated the City could consider whether it was worth investing dollars provided the desired result is gained. The Planning Commission and Mr. Eitel discussed how the Commission's recommendation on the liquor license was processed and provided to the City Council, noting a similar consideration could be used to consider business signage. Chair Christensen raised the option of using a community partner to gather input on the design trends of current and future signage, and learn what other communities are considering. As the City has limited staff to take on this type of study, Mr. Eitel stated the City could potentially retain a sign consultant to engage the public and business community and bring forward a reasonably balanced solution. Chair Christensen stated that, from the standpoint of making minor corrections to the sign code, he would encourage better-looking, better thought with regard to business signage. He noted that Brooklyn Center has a lot of car sales lots and that type of business usually wants to have a lot of signs to gain the attention of drive-by traffic. Mr. Eitel stated spinners and flags are currently not allowed, and on Brooklyn Boulevard it would be difficult to read a sandwich sign. Chair Christensen polled the members and stated the Planning Commission has reached consensus to review the Code language related to signs and consider, perhaps, a minor amendment. He would, however, like to see some consistency in the enforcement of the sign code. Mi. Eitel stated staff will bring forward additional information at a future meeting, with plans to take a holistic approach in addressing business signage. There were no other discussion items. 8. OTHER BUSINESS 8a) SEPTEMBER 15TH LOCAL COMPREHENSIVE PLANNING FORUM, ROSE VILLE SKATING CENTER Mr. Eitel advised of items on the September 14, 2017, Planning Commission agenda. PC Minutes 08-31-17 -6- DRAFT Mr. Bitel announced the September 15, 2017, Metro Cities Forum on local comprehensive plans. He stated the City Planner will attend and asked Commissioners to inform him if they would also like to attend. Mr. Eitel introduced City Planner/Zoning Administrator Giriny McIntosh, who has a Master's Degree in Planning and a lot of GIS experience. The Planning Commission welcomed Ms. McIntosh. Mr. Bitel extended his appreciation to Interim Planning Assistant Angel Smith and City Planner! Zoning Administrator Ginny McIntosh for their assistance and help with operating the new audio-visual equipment. There were no other business items. IL )MUhJe1k!1I Wi There was a motion by Commissioner Sweeney, seconded by Commissioner Koenig, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:09 P.M. Chair PC Minutes 08-31-17 -7- DRAFT BR00KL ) ,J3 CENTER Planning Commission Report Meeting Date: August 31, 2017 • Application Filed: 07/26/17 • Application Deemed Complete: 07/28/17 • Review Period (60-day) Deadline: 09/27/17 • Extended Review Period Deadline: N/A Application No. 2017-008 Applicant: Mike Seery, on behalf of SP Brooklyn Center, LLC Location: 61566 th Avenue North Request: Planned Unit Development Amendment (No. 4) to the Regal Road Development Addition Planned Unit Development of 1998 kllt(S] )1UIa1i[I]I SP Brooklyn Center, LLC is requesting a Planned Unit Development (PUD) Amendment to the previously approved Regal Road (Regal Theatre) Development Addition PUD development plans. This 4th amendment addresses the business use restriction of the Regal Road Development PUD and the site plan approval of Pad Site 3, as approved by the City Council on February 27, 2006 with the adoption of Resolution No. 2006-25. 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 by removing from the list of restricted or prohibited uses the following: "fast food restaurants", "convenience food restaurant" and "convenience store". The amendment will allow the present business uses in this multi- tenant commercial building to comply with the provision. This matter is being presented as a public hearing item; and notices have been mailed to all surrounding property owners within 350-feet of the affected site. COMPREHENSIVE PLAN AND ZONING STANDARDS Land Use Plan: RB - Retail Business Current Zoning: PUD/C2 (Planned Unit Development/Commerce) Surrounding Zoning: North: R-3 Residential (Riverwood Townhome Association) and C2 (Dental Office and Holiday Gas-Convenience) East: C2 (Super America Gas - Convenience) South: C2/PUD Regal Theater (future site of Top Golf) West: R-5 Multiple Family Residence - Melrose Gates Neighborhood. Firehouse Site Area: 0.96 acres Setback Standards: Building: Front Yard (corner lot) 35ft. 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 2006 Amendment with site plan approval granted with the adoption of Resolution 2006-025 Subdivision Ord.: Yes Sign Ord.: Yes - site plan illustrates signage consistent with the C-2 standards Variance Needed for Request: N/A (previous site plan approval - Res. No. 2006-025) 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". Pad Site 3, was reconfigured to 0.96 acres to facilitate surface ponding and theater parking with the Final Plat of Regal Road Addition. Resolution 98-133, adopted by the City Council on July 27, 1998 provided for the disposition of the Planning Commission Application No. 98015 Submitted by Centres Group Brooklyn Center, LTD. Attached is a copy of the resolution, condition no. 16 prohibited the following uses: 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 wash, pawn shop, or check cashing operation and the development agreement will acknowledge this restriction or limitation on the future use of the property. On April 30, 1999, the Declaration of Covenants and Restrictions for this PUD was recorded with Hennepin County. This PUD agreement identified the following option for future amendment and restricted uses: Owners of Lots 2 and 3, Block 1, Regal Road Development Addition may apply for amendment of the planned unit development for said lots to allow another use which is compatible with surrounding and nearby properties and consistent with the City's Comprehensive Plan and the 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. 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. The planning review on this application included the following: - The site plan included an architectural elevation illustrating 7 tenant bays, one which was specifically identified as a coffee shop with a drive up window that had less than 40 seats. - The parking analysis applied the parking criteria that allows 15% of a multi-tenant commercial building to meet the standard commercial ratio of 5.5 per 1,000 sf. and referenced that 9 additional parking stalls were being developed. - The site review referenced the restriction of fast food / convenience restaurants to R-1, R- 2, R-3 zoned property, and that a R-3 District was on the opposite side of the 66th Ave. North. - The staff memorandum referenced the purpose and intent of the PUD district, noting that regulations governing uses and structures may be modified by conditions ultimately imposed by the City Council on the development plans. - Additionally, the memorandum indicated that the amendment was in keeping with the findings and considerations associated with the original PUD approval; that the amendment was considered consistent and compatible with the surrounding uses in the area, and that no modifications from the underlying zoning requirements were being sought. - The findings that the proposed application for PUD amendment and Site & Building Plan approval appears to be a good use of the property in the context of overall development in this area and will be a good long range use and can be considered in the best interest of the community. Condition # 14 reaffirmed the restricted uses: 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. Attached is a copy of the Amendment to Declaration of Covenants and Restrictions (PUD amendment) which was recorded with Hennepin County on August 10, 2006 included a copy of Resolution 2006-25 and the site plan exhibits. The PUD amendment included Condition # 3: o The use of the Subject property shall conform to the zoning regulations of the City of Brooklyn Center applicable to the C-2 District; provided, however, that no part of the Subject Property may be developed or used for a fast food restaurant, convenience food restaurants, gasoline service station, gasoline station/convenience store, car wash, pawn ship, or checking cashing operation. Business Uses with the Regal Retail Center It is my understanding that the initial business uses that occupied this multi-tenant commercial building were anchored by Starbuck's Coffee Shop on the east end which included a drive up window and Jimmy John's Sandwich shop on the west end. Within the central portion was Regal Foods, a convenience food store. It is staffs opinion that the Planning report prepared for the site plan and PUD amendment (use other than a restaurant) recognized these potential businesses as an appropriate use within the PUD and compatible with adjacent properties. Additionally, the Planning report describes the restricted uses different than the declaration of covenants and referenced the definition for convenience food restaurant an operation of 40 or more seats, with comment on operations with less than 40 seats or any interpretation of fast food restaurants. While it is not clear on the rationale of maintaining a condition on these restrictive restaurant uses in the 2006 planning recommendation and resolution; I believe it was the intent of the site plan approval to allow these types of business allowed in the underlying C-2 District to occur within this multi-tenant retail building. I also understand that the rezoning process and preparation of the Declaration of Covenants and Restrictions is prepared by the City Attorney's office which would account for the difference in the wordings and punctuations in the restrictive language. The Starbuck' s Coffee shop is now Checkers Restaurant and Jimmy Johns sandwich shop is now Pappy' s restaurant and the Regal Foods is a small neighborhood convenience store. The corrective zoning action to address the 2006 PUD amendment which approved the site and building plans would be to amend the PUD by removing from the list of restricted or prohibited uses the following: "fast food restaurants", "convenience food restaurant", and "convenience store". Recommendation: I will be working with the City Attorney on the language to process this PUD amendment for City Council's consideration, which includes the following consideration and findings by the Planning Commission: That the Planning Commission confirms that determine that Planning Application No. 2017-008, submitted by SP Brooklyn Center, LLC is consistent with the findings and considerations which supported the 1998 PUD rezoning, the 2006 PUD amendment associated with the site and building plans for the Regal Retail Building and may be approved based upon the following additional considerations: a) The concerns that resulted in prohibiting the Identified Uses are no longer present, b Some of the Identified Uses have already occurred on the property without creating any concerns for the neighboring owners or the City. c)The Identified Uses, as current and potential businesses on Pad Site No. 3, are appropriate uses within the PUD and are compatible with the adjacent properties. d)Approving the requested amendment will not be contrary to the goals of the City or the purpose in establishing the PUD. e) The proposed amendment to the PUD, and the additional uses it would allow to occur on the property, is supported and approved by the Planning Commission. J City will require an amendment to the 1999 Declaration and 2006 Declaration Amendment be developed and executed. Attached for your consideration is a Resolution Regarding the Recommended Disposition of Planning Commission Application No. 2017-008 Submitted by SP Brooklyn Center LLC for a Planned Unit Development (No. 4) to the Regal Road Development Addition Planned Unit Development of 1998 (Located at 615 66th Avenue North) LLIP - 6. • ;:. i'\ J'I - - • - - --' 1-• •. , "I McCLAY ALTON, RL.LP ATFORNEYS ROBERT M. Mf CLAY 951 GRAND AVENUE BRIAN D. ALTON* ST. PAUL, MN 55105 FAX: 651-290-2502 *Also Licensed in Wisconsin 651-290-0301 July 26, 2017 HAND DELIVERED City of Brooklyn Center Department of Business & Development 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 RE: 61566 th Avenue North Dear Madam or Sir: On behalf of SP Brooklyn Center, LLC, please find enclosed a Planning Application for minor amendment to PUD to clarify restrictions related to use of the above referenced property, along with attachment. Also enclosed please find a check in the amount of $200.00 for the filing fee. Please contact me if you need anything further to process this Application. Thank you. Very truly yours, 'tic lton brianmcclay-alton.com II7wiaiaii Enc. cc: Mike Seery, SP Brooklyn Center, LLC www.mcclayalton.com ATTACHMENT TO PLANNING APPLICATION Applicant: SP BROOKLYN CENTER, LLC Property address: 615 66TH AVE NORTH INTRODUCTION: This PUD Amendment is for the purpose of making a minor amendment to the Planned Unit Development of SP Brooklyn Center, LLC to clarify the commercial uses that are permitted. The property owner is not planning on any changes to the property or the existing uses. The property is part of the PUD which includes the new Top Golf re-development of the Regal Theaters site. If amended, the PUD will allow the present uses of the property to continue BACKGROUND: The Property is currently zoned PUD/C2 (Planned Unit Development! Commerce). Council Resolution No, 2006-25 (dated Feb. 27, 2006) approved a PUD amendment application by SP Brooklyn Center, LLC for a 10,000 s.f. multi tenant retail building at the Southeast corner of 66th and Camden Ave. North (pad site 2). Condition 14 of the Resolution provided that: "No part of the property ... 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..." Two of the original tenants approved for the property were a Jimmy John's restaurant and a Starbucks restaurant/coffee shop (with a drive through window). These uses, originally approved in 2006, would arguably be "fast food". The zoning code defines a Convenience-Food Restaurant as one with over 40 seats. Neither of the restaurants at the 66th and Camdendevelopment has over 40 seats. SP Brooklyn Center, LLC is requesting that certain use restrictions be deleted to make it clear that the existing uses are permitted and may continue. Specifically the request is to delete "fast food" or "convenience food restaurant" and "convenience store" from the list of restricted uses. The deletion of these restrictions would clarify that current tenants, including Checkers restaurant, Pappy's restaurant and Regal Foods, and any successors, are permitted uses. It would eliminate confusion over the allowed uses. It would also ensure that the uses are in compliance with the zoning if the definition of fast food or convenience food restaurant was to be amended in the future. Any different uses of the property in the future would be controlled by the underlying C2 (Commerce) District zoning. The proposed PUD amendment will help promote and enhance the general welfare of the overall PUD, including the new Top Golf, and help to maintain and keep the redevelopment of this site active and ongoing; and reflects a reasonable need or benefit to the PUD site. If the PUD Amendment is approved, the Amendment to Declaration of Covenants and Restrictions dated May 18, 2006 should be further amended to provide that "fast food restaurant", "convenience food restaurant" and "convenience store" are removed from the list of restricted or prohibited uses for the SP Brooklyn Center, LLC PUD. Member Debra Biistrom introduced the following resolution and movedE its adoption: CITY COUNCIL RESOLUTION NO. 98433 RESOLUTION REGARDING RECOMMENDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO, 98015 SUBMITTED BY CENTRES GROUP BROOKLYN CENTER, LTD. WHEREAS, Planning Commission Application No. 98015 submitted by Centres Group Brooklyn Center, LTD. proposes rezoning from C-2 (Commerce) to PUD/C-2 of 730,192 sq. ft. (16.76 acres) area of land that is bounded on the north by 66th Avenue and the Super America site; on the east by TH252; on the south by Interstate 694; and on the west by Camden Avenue; and 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. 98-3 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 • Section 35-208 of the City's Zoning Ordinance, the provisions of the Planned Unit Development • . 1 City Council Resolution No. 98433 ordinance contained in Section 35355, 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. 1. City Council Resolution No. 98-133 6. In light of the above considerations, it is believed that the guidelines for evaluating • rezonings and contained in Section 35-208 of the City's Zoning Ordinance are met and that the proposal is, therefore, in the best interests of the áonununity. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center to approve Application No. 98015 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. 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. • 5. The buildings are to 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. 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.B612 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. 98-133 12.Approval of this application is subject to the appicant 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 thisUplanned 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/c9nvenience 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. 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.E 4 The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmodnd upon vote being taken thereon, the following voted in favor thereof: Myrna Kragness, Kathleen Carmody, Debra Htlstrôrn, Kay Lasman, and &bert Peppe; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. U 5 Centres Group Brooklyn Center Umited Partnership, a Florida limited partnership the general partner of which is Centres Group Brooklyn Center GP, Inc., a Florida corporation (hereinafter "Centres") and Crown Brawley L.L,C., a Minnesota limited liability company (hereinafter "Crown Brawley") (hereinafterollectively referred to as the 'Declarants"); WHEREAS, Declarant Centres is the owner of the real property described as Lot 1, Block 1, Regal Road Development Addition, according to the recorded plat thereof on file or of record in Hennepin County, Minnesota, and Declarant Crown Brawley is the owner of real property described as Lot 2 and 3, Block 1, Regal Road Development Addition, according EO the recorded plat thereof on file and of record in Hennepin County Minnesota, (hereinafter collectively referred to as the "Subjeqt Properties"); and WHEREAS, the Subject Properties are subject to certain zoning and land use restriction 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 PUD/C2 as provided in City Resolution No. 98-133 adopted on July 27, 1998 to permit construction of a multiscreen movie theater with a panting 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 laud use characteristics of the proposed use of CLL460492 flR291I53 j 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 approved; and 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 WHEREAS, to . secure the benefits and advantages of such rezoning, Declarants desire to subject the Subject Properties to the terms hereof. NOW, THEREFORE the Declarants declare that the Subject Properties are, and shall be, held, transferred, sold, óonveyed and occupied subject to the covenants, conditions, and restrictions, hereinafter set forth. I - The use and development of the Subject Properties, shall conform to the Sit/Signage 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 asAttachnient Six, all of which are made a part hereof. No buildings or structures other tluni those shown on Attachments One through Six may be erected or maintained on the Stibject Properties. 2. The Subject Properties shall be limited to the following uses: a. The properly legally described as Lot 1, Block 1, REGAL ROAD DEVELOPMENT ADDITION, according to the recorded plat !hereof, Hennepin County, Minnesota, shall be used only for a twenty screen movie theater of approximately 85,240 square feet with DRZ9I.183 2 approximately 4592 seats: b. The property legally described as Lots 2 and 3, Block. 1, REGAL ROAD DEVELOPMENT ADDITION shall be. cleared of all buildings and graded in accordance with Attachment Two; a grass turf shall be established and maintained on such Lots 2 and 3; and said lots shall be put to no other use without first securing Approval therefor.in 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 classification which permits such other development and use. Owners of Lots 2 and 3, Block I, REGAL ROAD DEVELOPMENT ADDITION may apply for amendtnent of the planned unit development for said lots to allow, another use which is compatible with surrounding and nearby properties and consistent with the City's comprehensive plan and the 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 statioii, convenience store, car 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) District. 5. The Declarants acknowledge that it is a condition of the zoning and land use approvals that all buildings on the Subject Properties which am not permitted by the approved planned unit development plan as shown on Attachments One through Six be U - 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 "Cutside Removal Dare"). For purposes of this paragraph 5, the Lot 2 Bulding shall be deemed razed and removed at such time as the structure and Its foundation located within the boundaries of Lot 2 and all of the Paved surface of Lot 2 except for th 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 grass 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 Dale, Crown. Brawley herewith posts cash security with the City in the amount of $5000.0 (the "Cash Security) whicb 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 iind 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 toga ont Lot 2 at any time following the Outside Rem&,al 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 a removing the Lot 2 Building should the City elect to engai Centres for such purpose or Centres may act independently to raze and remove the Lot 2 Building, Centres specifically, CLt460492 4129J-13 - agrees with the City that it will cause the razing and removal of the Lot 2 Building - to be accomplished at a cost of $45,000 should the City request that it do so or if the City receives notice from Centres aftef the Outside Removal Date and fails to notify Centres within ten (10) days thereafter that the City will independenily cause the Lot 2 Building to be razed and removed. Further, in th6 event the City is required to effect the removal of the Lot 2 Building as a result of Crown Braw1eys failure to do so on or before the Outside Removal Date or if Centres effects the removal as aforesaid, 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 pay liquidated damages to the City in the amount of Five Hundred Dollars ($500) per day for each day the Lot 2 Building is notrazed and removed as required in this paragraph commencing on the day after the Outside Removal Date until the Lot 2 Building is razed and removed. Any unused portion of the Cash Security shall be returned to Crown Brawley within thirty (30) days after the Lot 2 Building is razed and removed. The irrevocable license granted the City and Centres by Crown Brawley shall terminate and be of no further 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 removesame independent of Centres. 6. A physical barrier, the design of which shall first be approved by the City cwi 60492 B5291483 east of Lot 3, being the property occupied by a SuperAmerica store. 7.Access shall be preserved and maintained over Lot 2, Blo& 1, REGAL ROAD DEVELOPMENT ADDITION between Camden Avenue North and Lot l Block I,, NO1DL3NG WELTER ADDITION, according to the recorded plat thereof on file or of record in Hennepin County, Minnesota. 8.The obligations 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 theirhands and seals as of the day and year first above written. PublicEoleyP101,1 ry ONLIA GAFFNEY I MOO 23 IQIKt I l MAR. 10 1 2.003 1 CLL-1604n 13R291-183 7 STATE OF MjNNEsoTA COUNTY OF HENNEPIN ) TMS INSTRUMENT DRAFTED BY: Kennedy & Graven, Chartered 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 (612) 337-9300 60492 BR291-383 8 II{ IN 8) 0 00• 585 0 0 I 1• IN 8 8 S 8 2 !1: : iJdv 8 88 8S 20; 85 L HWAY NO. 69 INTER STAT H I G -- S !L ( .'5 Os 6.5 8 4 ..-... .-_ 8. h L!I! [NN 5 6 8 / 585 an,I F. \I (j S5 '-'5 S 8t58"8-' .5.5 s -'8 §5 vin9, H5"ZHV HR 2y EM 48 5 2 I s I § 005111 0j114 - b SS vg 5si 55 s58 IS) sd 05151 66-0-8 0s.1jossSce tkAMENDMENT TO DECLARATION OF COVENANTS IJF 14(Si WXf THIS AMENDMENT is made as of this jay of . 2006, by SP Brooklyn Centers LLC, a Michigan limited liability company ("Declarant'); WHEREAS, Declarant is the owner of the real property located in the City of Brooklyn Center, Minnesota, legally described as Lot 2, Block 1, Regal Road Development 2 d Addition ("Subject Property"); and WHEREAS, the Subject Property is subject to that certain Declaration of Covenants and Restrictions dated April 13, 1999, filed for record on April 30, 1999, as Document No. 7103844 in the office of the Hennepin County Recorder, as amended by that certain Amendment to Declaration of Covenants and Restrictions dated December 17, 1999, filed for record on December 20, 1999, as Document No. 7231144 in the office of the Hennepin County Recorder (collectively referred to as the "Amended Declaration"); and WHEREAS, the Declaration provides that use and development of the Subject Property requires site plan approval and amendment to the planned unit development for the Subject Property, and WHEREAS, Declarant has applied to the City for an amendment to the Planned Unit Development (PUD) for the Subject Property to allow construction and maintenance of a 10,000 square foot, multi-tenant retail building on the Subject Property; and WHEREAS, approval of the planned unit development for the Subject Property included as a condition of apprpval that Declarant enter into a PUD Agreement that would acknowledge amendments to the planned unit development and be filed with the title to the Subject Property; and 284870v1 CLLBR29I-272 I WHEREAS, the City has approved such PUD amendment on the basis of the determination of the City Council of the City that such amendment is acceptable only by reason of the details of the development proposed and the unique land use characteristics of the proposed use of the Subject Property; and that but for the details of the development proposed and the unique land use characteristics of such proposed use, the PUD amendment would not have been approved; and WHEREAS, as a condition of approval of the PUD amendment, the City has required the execution and filing of this Amendment to Declaration of Covenants and Restrictions (hereinafter the "This Declaratiozf); and WHEREAS, to secure the benefits and advantages of such PUD amendment, Declarant desires to subject the Subject Property to the terms hereof. NOW, THEREFORE, the Declarant declares that the Subject Property is, and shall be, held, transferred, sold, conveyed and occupied subject to the covenants, conditions, and restrictions, hereinafter set forth. 1. The use and development of the Subject Property shall conform to all of the following: a.All conditions of approval specified by the City Council in Resolution No. 2006-25 adopted on February 27, 2006, attached hereto as Attachment One; b.Proposed Site Plan and Site Details, attached as Attachment Two; C. Grading Plan, attached as Attachment Three; d.SWPP Plan, attached as Attachment Four; e.Utility Plan and Detail Sheet, attached as Attachment Five; f Preliminary Landscape Plan, attached as Attachment Six; g.Site Lighting Photometrics Plan, attached as Attachment Seven; h.Proposed Exterior Elevations, attached as Attachment Eight. I 2. No buildings or structures other than those shown on Attachments One through Eight may be erected or maintained on the Subject Property, 3. The use of the Subject Property shall conform to the zoning regulations of the City 248700 CLLBR291272 2 - -- - - -- of Brooklyn Center applicable to C-2 Districts; provided, however, that no part of the Subject Property may be developed or used for a fast food restaurant, convenience food restaurant, gasoline service station, gasoline station/convenience store, car wash, pawn shop or check cashing operation provided further that the parties agree that the granting of the easement at the request of the City in connection with obtaining the above referenced approval shall not cause the Property to be in violation of the City's toning regulations. 4, The Subject Property may be developed and used only in accordance with paragraphs I through 3 of this Declaration unless the owner first secures approval by the Brooklyn Center City Council of an amendment to the Planned Unit Development Plan for the Subject Property and to this Declaration or a rezoning to a zoning classification that permits such other development and use. 5.This Declaration supersedes the Amended Declaration as it relates to the Subject Property. 6.This Declaration run with the land of the Subject Property and shall be enforceable against the Declarant, its 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 Declarant have hereunto set their hands and seals as of the day and year first above written. H 284870v1 CLLBR29I-272 3 DECLARANT SP BROOKLYN CENTER, LLC STATE OF MICHIGAN ) )ss COUNTY OF AML ) The foregoing instrument was executed this day of 200 by T gg^nj, a cihief manager .of SP Brooklyn Center, LLC, a Michigan limited liability company, on behalf othe limited liabihty company . My n7 234810v CLLRP.291.272 4 APPROVED BY TRE CITY OF BROOKLYN CENTER By By STATE OF MINNESOTA )ss COUNTY OF HP.NNEPJN ) The foregoing instrument was acowledged. before nap this Jayof1.L2006, by Myrna Kragness and Michael McCauley, the Mayor and Manager, respectively, ofity of Brooklyn Center, a public body corporate and politic under the laws of Minnesota, on behalf of the City. NotaryPublic [I 2848700 CLLRR291-272 5 Attachment One 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. 98433 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 she 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 o f 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 RESOLUTION NO.2006-25 Attachment One 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 [and 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 rezonirigs 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, 200625 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. S. 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. L 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. IL. All work performed and materials used for construction of utilities shall conform to the City of Brooldyn Center Standard Specifications and Details. 12. The applicant shall obtain anNPDES 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. RESOLUTION NO. 2006-25 Attachment One 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 Thisagreement shall ftiriher 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 cheek 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. 16, The applicant shall provide a street and sidewalk easement in a form and manner approved by the City Engineer for portions of Camden and 66th Avenues that currently encroach into the proposed site. February 27. 2006 Date ATFEST;'d4Z City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen CthIüdy and upon vote being taken .therebn thó following voted in favor thereof t'rna Kragness, Kathieen Qauqody, Kay Làaan, 1>iana NiEt J and Nary O'Connor; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted 0 I a t J I ii 4II jo r 1ii - 1)4 •I 01 i - I \\\ cs ..' \ .\\-r\\ \\\\ \ ....c. H ! Ii lIt li 1. p j a z El ii ti * flo II (' iiIiiIl I ji! - iii J•Iii j I'i' LIll1 I I I I I I I I - III - 1 Iiib1thj I ' •' I1 '}i I' I ij. IqIIt 1!i I1 it1 i 1JJ h{ I ! 1 :}1 i ø IijJi'I 1" 1 d it g1 b 1'11! 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No 1.1 MIT I I IIC) I j - JO I11!'i 1JFi ft[i <1 flithJII 1Uifi1t. fl iiLILiij + 41 Wi 4J Application Filed on 1-19-06 City Council Action Should Be Taken By 3-20-06 (60 Days) Planning Commission Information Sheet Application No. 2006-001 Applicant: S P Brooklyn Center, LLC Location: Southeast Corner of 66th and Camden Avenues North (615 66th Avenue North) Request: Planned Unit Development Amendment The applicant, Mr. Jim LaValle on behalf of S P Brooklyn Center, LLC, is seeking a Planned Unit Development Amendment and building plan approval for a 10,000 sq. ft. multi tenant retail building at the southeast corner of 66th and Camden Avenues North on a 1.284 acre parcel of land addressed as 615 66 t11 Avenue North. The property in question is zoned PTJD/C-2 (Planned Unit Development/Commerce) and is bounded on the north by Avenue with R-3 (Multiple Family Residence - Townhomes) zoned property and C-2 (Commerce) zoned property on the opposite side of the street; on the east by C-2 zoned property containing a SuperAmerica station; on the south by PUD/C-2 zoned property containing the Regal Theatre; and on the west by Camden Avenue with R-5 (Multiple Family Residence) zoned property containing the Melrose Gates Apartments on the opposite side of the street. A Planned Unit Development Rezoning from C-2 to PUD/C-2 and development plan approval for a 20 screen, 85, 240 sq. ft. Regal Theatre was approved by the City Council under Resolution N. 98-133 on July 27, 1998. Attached for the Commission's review is a copy of that resolution containing various findings, considerations and conditions of approval for that proposal. The land rezoned at that time consisted of the Regal Theatre site and two other sites along Camden Avenue, one to the north of the theatre, the other to the south of the theatre, which were identified and referred to during this process as "pad site 2" and "pad site 3". Pad site 2 is the parcel currently under consideration in this application (615 66 th Avenue North). Condition No. 15 of the City Council's Resolution regarding these sites states in part that "future development of this area is subject to amendment to this Planned Unit Development". Condition No. 16 of the same resolution prohibits future development of pad site 2 and 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." At the time of the theatre development, the owner anticipated development on these sites of sit down restaurants, however, future development was not restricted to that. Other uses allowed in the underlying C-2 zoning district, other than those excluded from consideration by the approving resolution, can be considered for development of these sites. This application is in response to those conditions relating to development of this portion of the PUD. As the Commission is aware, the PUD process involves a rezoning of land to the PUD designation followed by an Alpha Numeric designation of the underlying zoning designation. This underlying zoning district provides the regulations governing uses and structures within the Planned Unit Development. The rules and regulations governing that district (in this case C-2) 2306 ;-)b -'0 Page 1 would apply to the development proposal unless the City were to determine that another standard or use would be appropriate given mitigating circumstances that are offset by the plans submitted by the developer. One of the purposes bf the PUD district is to give the City Council the needed flexibility in addressing development and redevelopment problems. Regulations governing uses and structures maybe modified by conditions ultimately imposed by the City Council on the development plans. The PhD process involves a rezoning of land and, therefore, is subject to meeting the City's Rezoning Evaluation Policy and Review Guidelines that are contained in Section 35-208 of the City's Zoning Ordinance. Also, proposals must be consistent with Section 35-355 of the City's Zoning Ordinance, which addresses Planned Unit Developments. Attached for the Commission's review are copies of Section 35-208 and 35-355 of the City's Zoning Ordinance. As mentioned previously, the City Council adopted a resolution approving the overall PUD for this area of the city. That resolution contained the various findings and considerations necessary for approving the PUD. These findings and considerations were made given the applicant's use and this amendment is to acknowledge the building details and location for another development within the PUD zoning district through an amendment process. Approval of this Planned Unit Development should acknowledge compatibility with the Policy and Review Guidelines of the previously mentioned Section 35-208 and also the provisions of Section 35-355 of the Zoning Ordinance. It is believed that the proposed amendment submitted by the applicant is in keeping with the findings and considerations associated with the original approval. The proposed amendment can be considered consistent and compatible with surrounding land uses in the area. The development plan amendment being submitted will bear fully the ordinance development restrictions for the proposed development as provided for in the underlying zoning district. No modifications from the underlying zoning requirements are being sought. It is believed that the proposed use of the property will be, as shown in the site and building plan portion of this report, consistent and compatible with the immediate area surrounding the property as well as uses in the general vicinity. The proposal appears to be a good use of the property in the context of overall development in this area and will be a good long range use and can be considered to be in the best interest of the community. SITE AND BUILDING PLAN PROPOSAL The proposed PhD Amendment calls for a 10,000 sq. ft. multi tenant retail building to be located in the approximate center of a 1.284 acre site adjacent to, and west of, the SuperAmerica gas station/convenience store located on 66th Avenue North in the vicinity of T.H. 252. ACCESS/PARKING Access to the site is off 66th Avenue North at a shared access with the Sup erAmerica property. The property line separating the sites is in the approximate center of this access. No other access is being considered. It should be noted that no cross access is being proposed between this site and the Regal Theatre site to the south. Such cross access would be discouraged to prevent cut 2-13-06 Page 2 through traffic from the theatre to 66th Avenue North. A signalized intersection exists at 66th and Camden to handle theatre traffic. Parking for this 10,000 sq. ft. multi tenant retail space is based on the retail parking formula which required 5.5 parking spaces per 1,000 sq. ft. of gross floor area. This results in a requirement of 55 parking spaces. In multi tenant retail centers, no additional parking spaces beyond those required by the retail parking formula are required of restaurant uses which occupy not more than 15 percent of the gross floor area of the building. This means that up to 1,500 sq. ft. of the center can be occupied by restaurant uses without adding additional parking for restaurant seats and employees. As noted previously, fast food/convenience food restaurants are not allowed to be located within the PUD based on the Condition No. 16 of Resolution No. 98433. Also, per the requirements of the Zoning Ordinance, fast food/ convenience food restaurants are not allowed to abut R4, R-2 or R-3 zoned property including abutment at .a street line. This property abuts R-3 zoned property on the opposite side of 66 th Avenue North. A convenience food restaurant is defined in the Zoning Ordinance as "an establishment with over 40 dining seats or in a separate building, whose principal business is the sale of foods, frozen desserts, or beverages to the customer in aready to eat state for consumption either within the premises or for carry out with consumption either on or off the premises, and whose design or principal method of operation includes both of the following characteristics: 1.Foods, frozen desserts or beverages are usually served in edible containers or in paper, plastic, or other disposable containers. 2.Customer is not served food at his/her table by an employee but receives it at a counter, window, or similar facility for carrying to another location on or off the premises for consumption." The applicant plans to have a coffee shop occupy the east end of the building with a drive up window. If the facility has less than 40 seats it is not considered a "convenience food restaurant". Such a use occupying over 1,500 sq. ft. will, however, require parking based on the seat/employee ratio for over 1,500 sq. ft. There are 64 parking spaces on the site, nine more than required by the ordinance. Three handicap spaces are to be provided. Access to the proposed drive up window will generally be counter clock wise around a trash enclosure. Angle parking is provided to the east of the drive land to accommodate this traffic flow. It is recommended that a directional sign or signs, be provided to prohibit south bound traffic between the building and the parking area on the east side of the site. The ability to stack vehicles leading up to the drive up window is sufficient to handle the expected volume. GRADIING/DRAThTAGE/UTILITmS The applicant has provided grading, drainage, utility and erosion control plans which are being reviewed by the Director of Public Works/City Engineer who will be providing written comments for these proposals. Parking and driving areas on the site are required to be bound by 243-06 Page 3 a minimum of B-612 curb and gutter. This includes driving and parking areas and concrete delineator areas proposed for the site. Storm sewer will serve the site and tie into existing storm sewer connected to a retention pond located on the Regal Theatre site. This pond was sized to handle development within the area and was part of the Regal Theatre grading plan. Water and sanitary sewer mains are located in a 40 ft. wide public easement, 20 ft. of which are on the east end of the proposed site and 20 ft. of which are on the west end of the SuperAmerica site. Water will be tied into that main and service the south side of the building. Sanitary sewer will be connected to the east end of the proposed building. LANDSCAPING The applicant has submitted a landscape plan in response to the landscape point system used to evaluation such plans. This 1.28 acres site requires 102.4 landscape points. The applicant's plan indicates that their proposal has 168.5 landscape points, however, they have not calculated correctly. They provide four shade trees at ten points each, three coniferous trees at ten points each (rather than six points each); five decorative trees at six points each (rather than 1.5 points each); and 137 shrubs at .5 points each (only 25 percent of the total required points, or 25.6 points, can be for shrubs). Given the current plan they would have 91.1 points, 11.3 point short of the minimum. An additional coniferous tree and a few decorative trees or some other combination, should be added to the landscape plan in order to meet our point system requirements. The plan otherwise appears to be appropriate as for location and types of plantings. Proposed shade trees include Northwood Red Maple, Little Leaf Linden, Red Oak or Marshall's Seedless Ash; coniferous trees would be Scotch Pine, Colorado Green Spruce, Black Hills Spruce, or arborvitae; decorative trees would be Service Berry, Thornless Cockspur Hawthorne, Amir Choke Cherry, Flowering Crab Apple or Japanese Lilac; shrubs would be Bush Honeysuckle, Red Twig Dogwood, Compact American Vibertum, Alpine Currant, Spirea, Dwarf Korean Lilac, Shrub Roses, Sea Green Juniper, Savin Juniper or Tawnton Spreading Yew. All appear to be appropriate mixes of landscaping for the site. Amendment to the plan so that the point system is met should be a condition of the approval of this application. BUILDING The applicant has submitted building elevations showing the proposed multi tenant building. The building exterior would be primarily a prefinished split face block with a contrasting single score smooth face concrete block accent. A decorative drive-it cornice crown in an off white color would skirt the top of the building. A drive-it exterior finish on rigid insulation would be located above the display windows for each of the proposed tenant spaces. A canopy awning over the drive thru window would be located at the east end of the building. LIGHTING/TRASH The applicant has submitted a lighting plan indicating the location of various exterior lighting and the photo metrics indicating foot candles throughout the site. Six freestanding lights are located around the perimeter of the site and ten wall mounted lights, five on the north elevation, 2-13-06 Page 4 three on the south elevation and one each on the east and west elevations. All lights are to be a cut off type fixture directing light down on the site. The lighting plan appears to be consistent with city ordinances with respect to foot candles and concern that light be directed down on the site and not create glare. The trash container will be located at the southeast corner of the site and is to be a prefinished concrete block to match the building. The height of the structure is 6 ft. and it contains a solid opaque gate. PROCEDURE As pointed out previously, this proposal is an amendment to the Planned Unit Development approval granted at the time of the Regal Theatre Planned Unit Development proposal. As a Planned Unit Development, the proposal is required to follow the procedures followed for the original Planned Unit Development. This requires a public hearing, which has been scheduled. Notices of the Planning Commission's consideration have been sent and a notice has also been published in the Brooklyn Center Sun/Post. All in all, we believe the plan is in order and consistent with the original development plan approval and, therefore, we would recommend approval of the amendment. Approval of this application should acknowledge the findings, considerations and conditions that are comparable to those made at the time the City Council approved the original Planned Unit Development. A draft Planning Commission Resolution is offered for the Commission's consideration. This resolution outlines the Commission's consideration of the matter and also recommended considerations and conditions for approval. 2-13-06 Page 5 Request by Mike Seery, on behalf of SP Brooklyn Center, LLC to allow fast food restaurants, convenience food restaurants, and convenience store business uses within the Regal Shops Retail Center 615 66th Avenue North Planning Application No. 2017-008 Amendment No. 4 to the Regal Road Development Addition Planned Unit Development Agreement City Council Meeting September 11, 2017 Agenda Item No. 9.a Introduction •This PUD Amendment is for the expressed purpose of amending the original Planned Unit Development of the Regal Theater Development Plans of 1998 and the 2006 PUD amendment and conditions within the site plan approval by removing from the list of restricted or prohibited uses the following: “fast food restaurants”, “convenience food restaurant” and “convenience store”. •The amendment will allow the present business uses in this multi-tenant commercial building to comply with the provision. 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 were identified as future “restaurant uses” •The PUD allowed the future Owners of Lots 2 and 3, Block 1, Regal Road Development Addition 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 and consistent with the City’s Comprehensive Plan and the 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. 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. •The site plan included an architectural elevation illustrating 7 tenant bays, one which was specifically identified as a coffee shop with a drive up window that had less than 40 seats. •The site review referenced the restriction of fast food / convenience restaurants to R-1, R-2, R-3 zoned property, and that a R-3 District was on the opposite side of the 66th Ave. North. •Additionally, the staff memorandum referenced the purpose and intent of the PUD district, noting that regulations governing uses and structures may be modified by conditions ultimately imposed by the City Council on the development plans. The 2006 Project review included: •The findings that the proposed application for PUD amendment and Site & Building Plan approval appears to be a good use of the property in the context of overall development in this area and will be a good long range use and can be considered in the best interest of the community. •It is staff’s understanding that the initial business uses that occupied this multi-tenant commercial building included Starbuck’s Coffee Shop on the east end with a drive up window and Jimmy John’s Sandwich shop on the west end. Within the central portion was Regal Foods, a convenience food store. •Photographs of the current Regal Retail Businesses. Approved Site Plan A public hearing was duly noticed for an August 31st Planning Commission consideration of this request. Upon closing the hearing and final comments, the Planning Commission made a motion to accept and adopt Planning Commission Resolution No. 2017-009, which provided a unanimous recommendation of approval of the PUD Amendment No. 4 to the Regal Road Development 2nd Addition Planned Unit Development based upon the following findings: a) The concerns that resulted in prohibiting the Identified Uses are no longer present. b) Some of the Identified Uses have already occurred on the property without creating any concerns for the neighboring owners or the City. c)The Identified Uses, as current and potential businesses on Pad Site No. 3, are appropriate uses within the PUD and are compatible with the adjacent properties. d) Approving the requested amendment will not be contrary to the goals of the City or the purpose in establishing the PUD. e) The proposed amendment to the PUD, and the additional uses it would allow to occur on the property, is supported and approved by the Planning Commission. f) City will require an amendment to the 1999 Declaration and 2006 Declaration Amendment to be established and executed. Recommendation: Motion to Adopt a Resolution •Resolution Regarding the Disposition of Planning Commission Application No. 2017-008 Submitted by SP Brooklyn Center, LLC for Amendment No. 4 to the Regal Road Development 2nd Addition Planned Unit Development City Cllllri©ll Agdi lIfrm N©0 An City Cll Agenda' I[teirfi N©0 i©i #1 [EI1IJ(iJ IU I ak'A U I DWA (I] t1I I1IJIYA I DATE: September 11, 2017 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk )^Mk" SUBJECT: Type IV 6-Month Provisional Rental License for 5325 70th Cir Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan and issuance of a Type IV 6-Month Provisional Rental License for 5325 70th Cir. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family dwelling. The previous rental license was a Type I Rental License. This property qualifies for a Type IV Rental License based on ten (10) property code violations found during the initial rental license inspection and zero (0) validated police nuisance incidents for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 12-20-2016 The Owner, Douglas Allen Wahl, applied for renewal of the rental dwelling license for 5325 70th Cir, a single family dwelling. 01-31-2017 An initial rental license inspection was conducted and failed. 10 property code violations were cited, see attached rental criteria. 02-28-2017 The previous rental license expired. 05-16-2017 A second rental inspection was conducted and failed. A $100 reinspection fee was charged to the property. 06-07-2017 A third inspection was conducted and failed. A $100 reinspection fee was charged to the property. 06-23-2017 The $200 reinspection fees were paid. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [U1Sk[SJ I V M'A L I ah'A (I) t1I IIIA!A1 07-17-2017 The fourth inspection was conducted and the rental license passed. 07-21-2017 A $300 Administrative Citation was issued for operating without a license. 08-07-2017 City records indicate 0 validated police nuisance incidents occurred in the past twelve months. 08-07-2017 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. 08-14-2017 A Mitigation Plan was submitted. 08-21-2017 The Mitigation Plan was finalized. 09-01-2017 A letter was sent to the owner notifying that the hearing before the Council will beheld September 11, 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. 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 LIII attractive, clean, safe, inclusive community that enhances the quality of lift for till people and preserves the public (rust I]JJhESJ I N I U Dk'2 UhYA I k' (I] 1I IUJI 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 on attractive, cleon, soft, inclusive coFnJnunhlV that enhances the qualityof life for all people and preserves the public least [S1S1(iI I fl N N MhY4 L'A I k'4 0) UI I1SJ'A 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. 3J!ssion: Ensuring an attractive, clean, saft, inclusive conunliflhty that enhances the quality t1.fr for all people and preserves the public trust i[I1uJI.1 I U DIY4 U I Mh1'4 [I] 1I IJJJhYA I Type III - 1 Year I 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type `17 '7 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 34 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Mission: Ensuring an attractive, clean, safe, inclusive conununit that enhances the quality of lift' for all people and preserves the public trust [I[I1SJh(iJ I fl I IIk'A L I Dk'A Li) t1I 1IJ'A I Budget Issues: There are no budget issues to consider. Strategic Priorities: o Safe, Secure, Stable Community Attachment - Mitigation Plan 1Iissio,i: Ensuring an aUracth', clean, safe, inclusive conzinuniy that enhances the qualify of left' for all people and preserves the public trust BUILDING AND COMMUNITY STANDARDS r City ofBROOKLYN Rental License Mitigation Plan CENTER AUG 1 ' 2017 Type IV License handwritten Mitigation Plans will not be accoplccL A tillable form cm' be found on the City's website at vwvi tyofbrooclynCeflteLOrl or cull (763)!)-69-3330 to have an electronic copy sent to you via email, CwccProperty Address 70th: MN 5K29 e1Cv.iitr; t'lti(a): I 'VaIit :nCrS Address: th45 tcn pwy 0?2 EMN 55418 Owner's Phone: (612) 7326888 Owner's Email: (kv 111sn,cOM Current Expiration Dato: -ell Local Agent(s): Mmze Pwpon Magirmn Agent's Address: I Cwdaf POfl Menthta Heit, MN 65120 Agent's Phone: (012) 7218BBB Agent's Email: Pending Expiration Date: ,t :&n 9O'dm) Posed on property conditions and/or validated police nuisance incidents, the above referenced property qualities for a iype IV-6 Month Rental License, Nor to application approval by the City Council a fully completed Mtgation Plan must be competed and approved by City staff. A Mitigation Plan must be completed immediately in order to onsuro timely completion of the license application, process. The Mitigation Plan should indicate the steps being taken to correct identified viotatiotis nd the measures that will be taken to ensure ongoing compliance with City Ordinances and applicable codos A Mitigation Plan allows the owner and the City to review concerns and identify possible solutions to improve overall conditions of the property. II the Mitigation Plan is not submitted, and all items are not completed within (he pending license period, or the above property operates beyond the license expiration date, enforcement actions such as citation, formal complaint or license review may result. Before submitting, fill-out Sections A, B, and C located on pages 2, 3, 4, and 5 US o1V Nc JLice,o M!ra Thai', Ito v.444 ' f6 City of D xooldp Ceitr—BiIdi ng and Ouxntnudty Standardst>par tnut I $hi' Creek RrSwi'y. Uooi'y (i'i't MN I t'ni'c (783) 33O flY: 711 I P: (163) 5G33360 BUILDING AND COMMUNITY STANDARDS V City of 5325 70th We -$f BR00X1LYN k3rookytu C(,Ml Rental License Mitigation Plan 4\CENTzL Type IV License Sections A—Crime Free Housing Program RoqufremeflS Phase I [J ) Use a written ease agreenenL The lease agreement shallincftide the Crime Proc Housing Leasu Addendum. A copy at the lease agreement and Crime Free Housing Lease Addendum must be attached to the Mitigation Plan when submitted. I'1 2) A'jree to puruui the tomnation or leasencjreetnent or eviction of teunts who vIolate - the terms of the lease or any addondums . 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 nbk to provide documentation to City U requested. lvJ 4) Attend a City approved eight-hour Crime Proc Housing training course. Information for approved courses can be found at www.mncpatiot under the Training and FvonU tab. A copy of the Crime Free Housing Certificate must be attached to the Mitigation Plan when submitted. Crime Free Housing training was completed on/is scheduled for: Owner or agent attended/is planning to attend training at city of: - ti Submit Monthly Update by the jgth day of each month. P hase/11 LAI 1) Complete a Security Assessment and implement improvements requested by the Brooklyn Center Police tDeparhnont To schedulo an initial or foHowup Security Assessment, esfl (763) 5693344. A follow-up assessment must be completed before the license expiration date to veily the soculity improvements have been irnpkimeracd. It a Security Assessment has been previously completed, writO the completion date. Security Assessment was completed onus scheduled for: Security Assessment folbowup was complotco on/is scheduled for: I/,/II,, Continue Sections A Phase III on page 3. Pop 215 5! Refl.I Ike Ms:5(!cOn PJn, Rev, 4 - M- J5 City of Bruwdyn C itr—BuUding and Commuitfty Standards Diputhnt Ww,v.civo11ouyncct,5 6301 Swu Cluck FAjKwoyjPoQjnQW,MN i0210 1 ('/63)t 1 1 1Y, 750 1 Fax (iuS) IMI IQ BtJIL1DING AND COMMUNITY STANDARDS City ofI EROOILYN > Ccrr f Ronal License Mitigation Plan Type IV LicansoCENTER Sections A—Crime Free Hotising Program Pequiromcns (cotlltid Phase Ill v'} 1) Owner or agent Will attend at minimum 50% (2) of the A,RM. moetings The ARM meetings must be compIotd within the rental license period and before the pending Type IV License expiration date. Registration is not required, however you nuit signir1 during the minq Write two meeting dates an owner or agent plan to aetenri. i/(3// ç Owner or agent wfl attend ARM. meetings scheduled on: ¶' [j 2) 1 lave no repeat code vklahons prcvously documented with the past. year, The following actions are required for properties with four (4) or more units. 1J 1) Conduct resident training annually that includes crime prevention techniquos 2) Conduct rcgutai resident nieotings T )pu O vPoolol n 1)zükJr P1m. R' 4 Cfty of Brooklyn CynIc.—Euik1hij C,xur%uflhty StnidftX1n Deparintent 31t 5IrcIc nv,'y, [eoo:a1n Cam MN O219 Penm (763 5CD33D 1iY: 711 Ix: (76) $tm515O BUILDING AND COMMUNITY STANDARDS )7 City of rs22s7orh C1BROOTCLYN y1 I Rental License Mitigation PlanCENTER Typo IV License Sections E3-Loiiçj Term Capital Improvement Plan Based on condition and ape, eslimatrid replacement dates need to be provided for common capilPI itorn, Funcflnq should be considered accordingty, Items that are broken, worn, or otherwise in votaion prior to the esllnmted replacement date need to be replaced sooner. All hems must have a date for EIirnofel Repiecomenl Oato, Dates such as: "unsure "dont know" or "when broken" will not be acceptech If you are unsure of when an item will need to be replaced you can make a pi ediction based On the one, appearance, condition, or rnanufactur&industty recomrnendatio;is, Additional intern mtion on Npcctcd IJsfui Life can be found at wwwhud.gov Item Date Last Replaced Example: Water healer May 2010 Furnace 201 Water Heater 1 Kitchen Appliances 2 12 Laundry Appliances 2012 Smoke Alarms/ Carbon Monoxide Alarms 2015 Exterior Items Paint/Sidinj 4016 Windows 13 Hoot 2012a8rochthoi Fence Shed wg1.crctd l)iivovay Sidewalks 2013 Other: Condition Expected Replacement Date F May 2020 El GB 2025 El 2026 2023 202S Cj tj 2023 E 2023 ethit Ropcemi n Pobro 41/6 ryp? JViO( jt Rov, 404. , City of BoolIyn Cni o —)3t 1 Id ing awl Commmiity Sthidrd Dopa (niont ww/cayon4 Olr ) (13t r;.dv ('i. ru'wy. C oh1yn cnn, \1N b54301,2 Plwso: (763) 5693330 1 TTY 711 1 Fne (763 iO3O BUILDING AND COMMUNITY STANDARDS City of W MM BROOXLYN BoiOnt '2O Rental License Mihgatlon PlanCENTER Typo IV License Sections C*Sfeps to improve Management and Conditions of Property 'me items in this section have been proven to assist with property management and property image. The following actions are required: Chock-In with tenants every 30dnys. Exi 2) Drive by property to chock for possible coda violations. V 3) l:viCt tntrit in violation of the lease or any riddendurna. Remain curont on all utility tees, ta>os, fino, penalti arid other financial (,,laims/payments due to the City. Li The following actions are optional unless required by the City. F] 1) Provide Iawnfsnow service. ['] Proirtc garbage service. U 3) Install security system. j 4) Provide maintenance service plan for appliances. Name at service company: Li 5) Other: lIthe Type IV-6 Month Rental License is approved by the City Council, the Iiemrsoe must comply with the approved Mitigation Plan and all applicable City CarIes. 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 IiUable form can be found on the City's website at w\vw,cityofbrooklyncenter.org or call (7631569-33,30 to hvo an electronic copy sent to you via email. Please attach additional Information if necessary. 7//w !V 14)1 i;tnJ j41wi P/4n, Nov, 4-14. (5 City of Brooklyn Cent —lluildin0 zmd Community Stndathi Di'ptmont wrofbrocncnnr.r5 S4i cr Paiwy, flx f Ccr(t, MN 554tr2 rse l ('t3) vri543o l I 1Y 711 I (() 564336O BUILDING AND COWLMW'1TY STANDARDSIPCity oEROOCLJN M4 il29 Rtal L'iconso Mitigt1on Plan — Type IV Licne Sign dVOVi(Y ;. vtfy that all i orahon looMed is tikjQ and acto understand that if I do not comply wiTh tho prvtd Mitigation Plan, omr,ly wah all itn. within (h u 11oonst porod, of opwate boyond the lnono xpIrahon data ergot eonunt aniona wch as dtaIions foonal complaints, or ilnense teview may rosuih an! t1a( an Tth PSn; Cno o f AgWH Sg;Ln ia:ilan& cnr tr 1ttna jnj tk (II Pw Fndt) QI q/ .jpab4 Ciy Stat! Only RA !ao .nial Oat1 I /1 j1 1 SUP fllli commummmuMs pU/tUt fh? 'iA,n lOrt. ti 44 lS -14' oiyn tt4tifldhin and runttlty tand.udn DtpalitnO sn vammy. um%QA coom MN 50301191 ri? n City C©uiumd Agirftd ]Itm N©0 ]Hi)i #2 [S[I1Ik'[SI I V Mk' I I Dh'A 0] 1I )1IJtI DATE: September 11, 2017 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 6014 Girard Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan and issuance of a Type IV 6-Month Provisional Rental License for 6014 Girard Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a new rental license. This is a single family dwelling. This property qualifies for a Type IV Rental License based on eleven (11) property code violations found during the initial rental license inspection. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 03-03-2017 The Owner, Douglas Wahl, applied for an initial rental dwelling license for 6014 Girard Ave N, a single family dwelling. 05-10-2017 An initial rental license inspection was conducted. 11 property code violations were cited, see attached rental criteria. 05-11-2017 A $300 Administrative Citation was issued for operating without a license. 06-08-2017 A second inspection was conducted and passed. 06-26-2017 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public (rust S1i1Ik'LSJ I R I I k'A L'A I DW'4 0] 1I iiIJ1 07-07-2017 A Mitigation Plan was submitted. 08-03-2017 The Mitigation Plan was finalized. 09-01-2017 A letter was sent to the owner notifying that the hearing before the Council will be held September 11, 2017. If approved, after six months, a new rental license is required. The license process will begin in approximately four months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Exce!pt from Chaj$er 12 of ci tV of Or di nan c es : Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation mission: Ensuring on attractive, clean, safe, inclusive conununity that enhances the quality of life for all people and preserves the public trust [S[S1Sk[ I fl M WJ U'A I [I] 1I 1IJi 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: Ensurin 6a an attractive, clean, s(ife, inchisive c ollianinity that enhances the quality of life for all people and preserves the public trust [S[I1lih[iJ I I I k'A I'A I K'A 0) 1IJi 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 Es1HJ I R øk'A U I I'4 [I) 1I )1IJ!kI F(Bas ed ertY Code and Nuisance Violations Criteria nse Category Number of Units Property Code Violations per on Property Inspected Unit e Only) Type I - 3 Year I 1-2 units 0-1 3+ units 0-0.75 Type 11-2 Year 1-2 units Greater than 1but 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 Greater than 3 Categories 3-4 units 1 Greater than 1 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust [EI1II[J IU V I WA U I DIk"A (I]11, II I1SI'A1 I 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Strategic Priorities: Safe, Secure, Stable Community Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Handwritten Mitigation Plans will not be accepted. A tillable form can be found on the City's website at www.cityofbrooklyflceflter.Org or call (763) 569-3330 to have an electronic copy sent to you via email. 6014 Girard Ave N Brooklyn Center, MN 55430 Douglas Wahl 1845 Stinson Parkway NE Minneapolis, MN 55418 (612) 782.8888 dwasters@rnsn.com Date Local Agent(s): Maximize Property Managinehr' Agent's Address: 1200 Center Point Curve Mendota Heights, MN 55120 Agent's Phone: (612) 721.8888 Agent's Email: Pending Expiration Datef (Six months Porn current oxpratfon)J( I' Based on property conditions and/or validated police nuisance incidents, the above referenced property qualifies for a Type IV-6 Month Rental License. Prior to application approval by the City Council a fully completed Mitigation Plan must be completed and approved by City staff. A Mitigation Plan must be completed immediately In order to ensure timely completion of the license application process. The Mitigation Plan should indicate the steps being taken to correct identified violations and the measures that will be taken to ensure ongoing compliance with City Ordinances and applicable codes. A Mitigation Plan allows the owner and the City to review concerns and identify possible solutions to improve overall conditions of the property. If the Mitigation Plan is not submitted, and all items are not completed within the pending license period, or the above property operates beyond the license expiration date, enforcement actions such as citation, formal complaint, or license review may result. Before submitting, fill-out Sections A, B, and C located on pages 2, 3, 4, and 5. POQO 116 Typo IV Rental License Mitigation P/on, Rev, 4-14-15 City of Brooklyn Center—Building and Community Standards Department www.cityofbrooklyncentet.Otg 6301 Shingle Crook Parkway, Brooklyn Center, MN 55430.2199 1 Phone: (763) 569-3330 1 TTY: 711 1 Fax (763) 569-3360 SectionsA—Crime Free Housing Program Requirements Phase I Plan when submitted. Crime Free Housing training was completed on/is scheduled for: 2110116 Owner or agent attended/is planning to attend training at city of: 5) Submit Monthly Update by the 10 0' day of each month. Pha el Complete a Security Assessment and implement improvements requested by the Brooklyn Center Police Department. To schedule an initial or follow-up Security Assessment, call (763) 569-3344. A follow-up assessment must be completed before the license expiration date to verify the security improvements have been implemented. If a Security Assessment has been previously completed, write the completion date. Security Assessment was completed on/is scheduled for: Security Assessment follow-up was completed on/is scheduled for: 6(6117 Continue Sections A, Phase III on page 3. Page 2/6 Type IV Rental License Mitigation Plan, Rev. 4-14-15 City of Brooklyn Center—Building and Community Standards Department %mw.0yothrooklyncenter.org 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430-2199 1 Phone: (763) 5694330 1 TTY: 711 1 Fax: (763) 569-3360 Sections A-Crime Free Housing Program Requirements (continued) Phase III j1) Owner or agent will attend at minimum 50% (2) of the A.R.M. meetings. The A.R.M. meetings must be completed within the rental license period and before the pending Type IV License expiration date. Registration is not required, however you must sign-in during the meeting. Write two meeting dates an owner or agent plan to attend. Owner or agent will attend A.R.M. meetings scheduled on: 114117 andillgW 2) Have no repeat code violations previously documented with the past year. The following actions are required for properties with four (4) or more units. 1) Conduct resident training annually that Includes crime prevention techniques. LII 2) Conduct regular resident meetings. Page 316 Typo IV Rental License Mitigation Plan, Rev. 4-14-15 ............Stand. .City of Brooklyn Coutor—Building and Community axde Depxtment www.cityolbrooklyncenter.org 6301 Shngie Creak Parkway. Brooklyn Center, MN 55430-2199 1 Phone: (763) 569-3330 1 TTY: 711 1 Fax: (763) 5693360 Sectsons B—Long Term Capita! improvement Plan Based on condition and age, estimated replacement dates need to be provided for common capital items. Funding should be considered accordingly. Items that are broken, worn, or otherwise In violation prior to the estimated replacement date need to be replaced sooner. All items must have a date for Estimated Replacement Dale. Dates such as: "unsure", "don't know", or "when broken" will not be accepted. If you are unsure of when an item will need to be replaced, you can make a prediction based on the age, appearance, condition, or manufacture/industry recommendations. Additional information on Expected Useful Life can be found at www.hud.gov . Item Date Last Replaced Condition*Expected Replacement Date Example: Water Heater May 2010 F May 2020 Furnace 2012 2022 Water Heater 2012 2020 Kitchen Appliances 2013 2020 Laundry Appliances 2013 2022 Smoke Alarms! 2017 2027Carbon Monoxide Alarms Exterior Items Paint/Siding 2017 Jj 2023 Windows 2013 -2023 Roof 2005 2020 - Fence - Shed - Garage Jj 2021 Driveway 2008 .9E1 Sidewalks 2008 G 2019 Other: Condition Abbreviations: NewN GoothG FairF Needs ReplacementR Page 416 Typo IV Rental license Mitigation Plan, Rev. 4-14-15 City of Brooklyn Center—Building and Community Standards Department www.cityofbooktyncente(.Org 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430-2199 1 Phone: (763) 569-3330 1 ITY: 711 I Fax: (763) 569-3360 Sections C—Steps to Improve Management and Conditions of Property The items in this section have been proven to assist with property management and property image. The following actions are optional unless required by the City. jJ 1) Provide lawn/snow service. [II 2) Provide garbage service. 0 3) Install security system. LIII 4) Provide maintenance service plan for appliances. Name of service company: 111111 5) Other: If the Type IV-6 Month Rental License is approved by the City Council, the licensee must comply with the approved Mitigation Plan and all applicable City Codes. A written report must be submitted by the 10 th day of each month with an update of actions being taken by the owner and/or agent to comply with this Mitigation Plan, A copy of the Monthly Update can be found on page 7. A tillable form can be found on the City's website at www.cityofbrooklyncenter.org or call (763) 569-3330 to have an electronic copy sent to you via email. Please attach additional information if necessary. Page 516 Typo IV Rental License Mitigation Plan, Rev. 44445 City of Brooklyn Center—Building and Community Standards Department www.cityofbrooklyncenter.org 6301 Shlnjlo Creek Parkway. Brooklyn center, MN 554302199 1 Phone: (763) 569-3330 1 TTY: 711 I Fax: (163) 5694360 pa11n*v •• Phow,I • •. •. ?•s L4 • City C©iuiim©il Agiida, ]Item N© IL Oz #3 I1SI[iJ I fl 3h'A Uh'A I Ik'4 0) iI )1SJ I DATE: September 11, 2017 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 5600 Judy 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 5600 Judy 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 I Rental License. This property qualifies for a Type IV Rental License based on thirteen (13) property code violations found during the initial rental license inspection and zero (0) validated police nuisance incidents for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 04-13-2017 The Owner, Nita Morlock, applied for renewal of the rental dwelling license for 5600 Judy La, a single family dwelling. 06-20-2017 An initial rental license inspection was conducted and failed. 13 property code violations were cited, see attached rental criteria. 07-20-2017 A second rental inspection was conducted and failed. A $100 reinspection fee was charged to the property. 07-26-2017 The $100 reinspection fee was paid. 07-28-2017 A third inspection was conducted and the rental license passed. 07-31-2017 The previous rental license expired. Mission: Ensuring an attractive, clean, safi', inclusive conunuinty that enhances the quality of llfr for all people and preserves the public trust [EI1IIcIJ I fl N M"4 U'A I II'4 (I) 1'WI WJh7A I 07-31-2017 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 07-31-2017 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. 08-03-2017 A Mitigation Plan was submitted. 08-30-2017 The Mitigation Plan was finalized. 09-01-2017 A letter was sent to the owner notifying that the hearing before the Council will be held September 11, 2017. If approved, after six months, a new rental license is required. The license process will begin approximately three months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913, TYPE IV PROVISIONAL LICENSES. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall 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 !ktissio,,: Ensuring an attractive, clean, saft, inclusive conununhty that enhances the quality of liJi for all people and preserves the public trust [EI]J1(iJI N I kA L I M [I] eii WJk1 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. AJLcsion: Ensuring an attractive, clean saft, inclusive comnnuhi/V that enhances the quality of 1if for all people and preserves the public trust i1IJLSJ I fl U S MhY4 Uh!A I DhYA (IIR1IiIIJk'A1 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. o At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Mission: Eirmri;ig an attractive, clean, sqie, inclusive conuiwnkv that enhances the quality of lift for all people (Indpresen'es the public trust II1IJ[i1 I U V V MhYA I I kA 0) 1I WJk I Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only)_________________ Type 1 - 3 Year 1-2 units 0-1 3+ units 0-0.75 Type II —2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 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 Atission: Ensuring an attractive, clean, soft, inclusive corninemity that enhances the quality of liie for all people and preseraes the public trust [EI1IJ[iJ I RI I ahYA UhYA I Dk'A (I) 1II I1IJ I Budget Issues: There are no budget issues to consider. Strategic Priorities: • Safe, Secure, Stable Community Attachment - Mitigation Plan Mission: Ensuring an aftractive, clean, safe, inclusive conununhty that enhances the quality qj'1/fr for all people and preserves the public trust BUILDING AND COMMUNITY STANDARDS lAy' City of I Rental License Mitigation PlanCENTERType IV License Handwritten Mitigation Plans will not be accepted. A fillable form can be found on the City's website at www.cityofbrooklyncenter.org or call (763) 5693330 to have an electronic copy sent to you via email. Property Address: 5600 Jdy LJO Owner's l'iauie(s): Owner's Address: 5020 Rv,)o Ave t'JL St. MichL MN 55576 Owner's Phone: (612) 743 -34 10 Owner's Email: nitansmofc.emn Current Expiration Date: 7/51/17 Local Agent(s): Agent's Address: Agent's Phone: Agent Email: Pending Expiration Date: 11/18 ,(Si inth frm ult,U eyptak'n) Based on property conditions and/or valIdated police nuisance incidents, the above referenced property qualifies fora Type IV-6 Month Rental License. Prior to application approval by the City Council a fully completed Mitigation Plan must be completed and approved by City staff. A Mitigation Plan must be completed immediately in order to ensure timely completion of the license application process. The Mitigation Plan should indicate the steps being taken to correct identified violations and the measures that will be taken to ensure ongoing compliance with City Ordinances and applicable codes, A Mitigation Plan allows the owner and the City to review concerns and identify possible solutions to improve overall conditions of the property. If the Mitigation Plan is not submitted, and all items are not completed within the pending license period, or the above property operates beyond the license expiration date, enforcomon actions such as citation, formal complaint, or license review may result. Before submitting, fill-out Sections A, B, and C located on pages 2, 3, 4, and 5 p/ij(, Re v. .14-f 5 City of Brooklyn Ccitir—Bti i idlig an1 Community Staudards Department ww,J,citiobrocktyncenlr.or9 5301 Sli LCk Pnrwiy, eok:yn M4 00430-2196 Pho'' 763) 569-3330 1 ITY: '1 I I Fac(763)681,0360 'PWILDINO AND COMM UNITY STANDARDS f ;Rcit y LYN fsoo() Rental License Mitigation PlanCENTER Type IV License Sections A-Crime Free Housing Program Requirements Phase I 17j 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, L ) Agree to pursue the termination or , lease agreement or Ovict:oo of tenants who violate toe to m of the tease o any adderidui us.[7] 3) Conduct ccmnal background chock for all new prospective tenants. If it is a curie l tenant a new background check is not iequited. Must he able to provide documentation to City it requested. 171 4) Attend a City approved nighbhour Cnn c Free I lousing training course. Information for approved courses can be found at www,mncpanet under the Training and Events tab. A copy of the Crime Free Housing Certificate must be attached to the Mitigation Plan when submitted. It)uJtiA 1JCrime Fiee Houcing training was completed on/is scheaciled for: Owner or agent attended/is planning to attend training at city of, * _____ 5) Suhuih Monthly Uodate by the day of each month. Phase 11 [j 1) Complete a Security Assessment and implement improvements requested by the Brooklyn Center Police Department To schedule an initial or follow-Lip Security Assessment, call (763) 569-3344, A follow-up assessment must be completed before the license expiration date to verify the security improvements have been implemented. If a Security Assessment has been previously completed, write the completion date, , f security Assessment was completed onhs scheduled for: 1J4/ Security Assessment follow-up was completed on/is scheduled foe, Continue Sections A Phase Ill on page 3. 5/5 !pG IV Rr 01 Ln ( 1) iiW a City of 5'ooctyn Cente—Buiidiitq and Cornnnthi(y Stidards ewent wvcoecok1yncentoetJ 0301 Sftnole Cw5 Rir ,v .Ro15rn Cn5r, Wt M502i0 Ph )Try. /1 I 765 505560 BUILDINO AND COMMUNITY STANDARDS CitofBflOhICLYN Judy Lan : Rental License Mitigation Plan Typo IV Lconso Sotlons ACrirne Free Housing Pro groin ioquironwnts continued Phase Ill [J 1) Owner or agent will attend atrnmmum 50% (2) of the A.R.M. meetings. The A.RM nnetings must be completed within the rental license period and before the pending Type IV License expiration date. Registration is not required, hovfever you must sign-in during the mecting. Write two meeting dates an owner or agent plan to atwnd. I I6A 11 IqOwner or agent will attend ARM, meetings scheduled on and 'iiI t 1 2) I lave no repeat code violations previously documented with the past year, 'I -ho following actions are required for properties with few (4) or more units. 1) Conduct resident training annually that ii cludes crime prevention techniques [j 2) Ccnthict regular resident meetings. ! V ' 1 11 lal r Ciflo /:!2r P0 15 City ot BrooSlyn C c-dd0tg and Co uxiunity Standards Deparut cr.rg $Ago (,c4 PMWMY 1eey Cm5, t.'t 53021 1 i6q4D30 I TTY 711 1 FaK 7r3) 5613360 r; L BUILDING AND COMMUNITY STANDARDS/City of ROOICLYN 15000 Judy Lane CENTER Rental License Mitigation Plan Type IV License Sections s—Long Term Capital Improvement Plan Based on condition and ago, estimated replacement dales need to be provided for common capital hems, Funding should be considered accordingly. Items that are broken, worn, or othmwise in violation prior to the estimated replacement date need to be replaced sooner. All items must have a date for Estimated Roploconent Dab. 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 pr(,diction based on the age, appearance, condition, or manufacturelindustry recommendations. Additional information on Expected Useful Life can be found at wwwhudgov. Item Date Last Replaced Example: Wale, Heater May 2010 Furnace 2002 Water Heater 2017 Kitchen Appliances P2002 Laundry Appliances 2002 Smoke Alarms/ Carbon Monoxide Alarms 2015 Exterior Items Paint/Siding 2012 Windows 21)02 Roof 2012 Fence Shed Garage Driveway Sidewalks Condition Expected Replacement Date F May 2020 G 2030 N 2025 0 2020 2021) G 2025 0 2032 0 2032 G 2040 - F 2030 2030 0 2030 0 2030 0 20130 0lhec Cond1on Abbreviations: Ne.vN GonthO FairF Needs RepIacementR Pgo 4/0 typo (V Rn! Lk'ün M13jru P3an, ev. 4-14-15 City o )3rooklyn Center—Bui1dhig and Comxnt&nfty SIaidaz1s Department 030 I sni Crer:k 1a(<viay, Umkin Cmtr. MN hb430210a I Phbnnv, 765) 693330 I flY 7 11 1 fv. (763) 560.3350 EUILDING AND COMMUNITY STANDARDS City of i BROOIthYN :rvu - CENTER Rental License Mitigation Plan J [ Type IV License Sections C—Stej)s to Improve Mannoement and Conditions of Properly The items in this section have been proven to assist with property management and property image. The folipwing'actions are required t [(IL 1) Checkin with tenants Gmpy 3O4ays. Lj 2 1 Drive by propetty to check for possible code violations 3) Lvict tenants in viokidon of the le ase or any aLlenduma, vJ .1) Remain current on all utility foes, (axes, assessmentS, fines, penalties, end uthe - iniancial clauns/paymonts duo to the City. Lii 5) The following actions are optional unless required by the City LI 1) Provide lawnI nW service. LI 2) Provide qarba9(-, service. Li 3) Install security system. LI] 4) Provide maintenance service plan for appliances Name of service company:a 5) Other If the Typo lV63 Month Rental I bunco is approved by the City Council, the licensee must comply with the approved Mitigation Pan and all applicable City Codes. A written report must be submitted by the joth 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 Ci(ys website at wwwcityofbrooklyncentcr.Org or call (763) 5693330 to have an electronic copy soot to you via email. Please attach additional information If necessary. P iq 7 yp a!a! Lansu A4(daIIwl 14oi £OV 4-14 I City ot11oo1dyn Cont—Inii1ding and Cornrnttnfty Standards Dmartrnont Shijio Ok Paku , 5rnok1y Cen, .tI4 5 ,54 2,0 -21 P50 I Ph* PI 05350 1 flY: 1 1 Fax- (763) 50-33611 BUILDING AND COMMUNITY STANDARDS BROOTLYN Rental Licenso Mitigation Plan) CENTER I j Type IV License Sign and Verify I verify Ihet oH I torn aileD provded is true and accurate. I uiidei stand that if I do not comply with the approved Mitigation Plan, comply with all items within the license period, or operate beyond the. license oxpirotioc da(e, enlnicetnenl actions such as citations, (mmal complaints, or license review may result. ()v,u(, ai Aaat t)atao and Ti/la (Pi nsa Pal) Nita Morlock Ily )9flan by i-bIn flzaflm,% Data, 2017,0500 i5:OtuOs ntYo0 ('u,' at- 1(ta(O 4(Id:(inna/ r)'nor CrA qaa! iVaamu ni ',"Ola, (II f/anhIe, In.ea Pdnt) Add,thaa Ower or Agent S nature (fi/pp)icui!) City Staff Only PoIcn L)ap;Itim'nit On/a Cain hat. a tJn ate! Canwutnity -St mdarris Department Dote Pdnt 0/( Ty•p3 IV Cnn/nil ir:rs' ton tVon mv. 44 15 City of B'ook1yi Ce 1cn'fluitdUnj and Covormwity Slandayds Department "mvwxit ".3" di "glo Cl -ak P.nkviny, ikn Cv.nhn. i114 554 sc--2t I Phone (/c) 509-330 I TTY, 7 11 1 Fax (76) 5G9OO Ci.y C©iniidil Ae1rftdi H©m Na,lla #4 [EI1IJ[iJ I fl I ML'4 I'A I hYA £1) 1WI P1SJ I DATE: September 11, 2017 TO: Curt Boganey, City Manager FROM: Sharon Iiutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 904 53rd 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 904 53'' Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family property. The previous license was a Type IV Rental License issued on July 24, 2017, on condition of adherence to the Mitigation Plan and City Ordinances. The property qualifies for a Type IV Rental License based on eleven (11) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. Further, the owner failed to comply with the Mitigation Plan and applicable Ordinances, specifically failed to attend Owners/Managers Association Meetings and turn in monthly updates. According to City Ordinances, if the requirements of the license category and the Mitigation Plan are not met, the license renewal category remains a Type IV. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the continued Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. iIIiioii Ensuring an (UtI'UCIil'e, clean, safe, inclusive cominhinhly that enhances the quality of lift for all people and preseliJes the public trust E$1BI[iJ I fl V D4 UhYA I h'A (I) 1I P1IJYA I The following is a brief history of the license process actions. Current rental license approval activities: 06-29-2017 The owner, Moshe Vorotinov/Istoki Sources Mekorot, applied for renewal of the rental dwelling license for 904 53 td Ave N, a single family dwelling. 07-20-2017 An initial rental license inspection was conducted. Eleven property code violations were cited, see attached rental criteria. 07-31-2017 A second inspection was conducted and passed. 07-31-2017 The previous Type IV Rental License expired. 08-09-2017 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 08-09-2017 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. 08-25-2017 A Mitigation Plan was submitted. 08-30-2017 The Mitigation Plan was finalized. 09-01-2017 A letter was sent to the owner notifying that the hearing before the Council will beheld September 11, 2017. Prior Type IV Rental License approval activities: 11-04-2016 The Owner, Moshe Vorotinov/Istoki Sources Mekorot, applied for renewal of the rental dwelling license for 904 53rd Ave N, a single family dwelling. 12-29-2016 An initial rental license inspection was conducted. 11 property code violations were cited, see attached rental criteria. 01-31-2017 The previous rental license expired. 03-03-2017 A second rental inspection was conducted and failed. A $100 reinspection fee was charged to the property. 03-15-2017 A $300 Administrative Citation was issued for operating without a valid license. 03-17-2017 A third inspection was conducted and passed; however, the reinspection fees remain unpaid. 05-16-2017 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 05-16-2017 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. 05-30-2017 A Mitigation Plan was submitted. 06-06-2017 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. 06-15-2017 The Mitigation Plan was finalized. 06-19-2017 The $200 reinspection fee was paid and rental license passed. 07-03-2017 A letter was sent to the owner notifying that the hearing before the Council will be held July 24, 2017. Mission: Ensuring an altrac/ive, clean, safe, inclusive cornnnunty that enhances the quality oj'ltft' for all people and preserves the public trust 1i1IJ[i1 I I I Mk'A 'A I k'A (I) 1I I1IJL'A I If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 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, sqft, inclusive counufliflity that enhances the quality of life for all people (wdpreserves (he public (rust [EI1IJ[iJ I R S V k'A L'A I M'A 0) 1I I1II'A 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. IWissio,i: Ensuring un attractive, clean, safi, inclusive community that enhances the quality of life for all people and preserves the public trust Number of Units Property Code Violations per Inspected Unit 0-1 [III1SMSJ I U U U Mk'A U'A I *'4 [II 1I PllJk'A I Property Code and Nuisance Violations Criteria License Category (Based on Property Code Onl y) Type 1-3 Year Type 11-2 Year Type III - 1 Year Type IV —6 Months 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 I 5 or more units Greater than 0.50 3'J!ssion: Ensuring an attractive, clean, sa fe, inclusive co,ninwUIy that enhances the quality of lift' for all people and preserves the public (rust [[I1IJ[iI I U I IA U'A I I'4 (ii 1WI )lIJh!A I Budget Issues: There are no budget issues to consider. Strategic Priorities: Safe, Secure, Stable Community Attachment - Mitigation Plan - Resolution Approving a Type IV Rental License for 904 53rd Ave N P4isio,,: Enczzri:zg an oltractive, clean. safe, inclusive community that enhances the quality of lift' for all people a'ndpresen'es the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 904 53' AVEN WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 904 53rd Ave N, was issued a Type IV Rental License on July 24, 2017; and WHEREAS, City Ordinance Section 12-901.2 requires a property owner who receives a Type IV Rental License complete Phase I, II and III of the Crime Free Housing Program; and WHEREAS, City Ordinance Section 12-914.3.c establishes the requirement for Phase II of the Crime Free Housing Program including attendance at a minimum of 50 percent of Owners/Managers Association Meetings and completion of Crime Prevention Through Environmental Design Requirements; and City Ordinance Section 12-913 requires submittal of monthly updates; and WHEREAS, the property owner of 904 531(1 Ave N, Brooklyn Center failed to attend Owners/Managers Association Meetings and turn in monthly updates. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE IV Rental License is hereby approved for the property at 904 53rd Ave N, Brooklyn Center, MN. September 11, 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. BUTILDIW; AND COMMUNITY STANDARDS ity of47BR:C(OOKLYN License _________ L lUll lype iv Handwritten Mitigation Plans will not be accepted. A fihlable form can be found on the City's website at www. cityofbrooklyri center, Org or call (763) 589-3330 to have an electronic copy sent to you via email. Based on property conditions and/or validated police nuisance incidents, the above referenced property qualifies for a Type !V-6 Month Rental License. Prior to application approval by the City Council a fully: completed Mitigation Plan must be completed and approved by City staff. A Mitigation Plan must be completed immediately in order to ensure timely completion of the license application process. The Mitigation Plan should indicate the steps being taken to correct identified violations and-the measures that will be taken to ensure ongoing compliance with City Ordinances and applicable codes. A Mitigation Plan allows the owner and the City to review concerns and identify possible solutions to improve overall conditions of the property. If the Mitigation Plan is not submitted, and all items are not completed within the pending license period, or the above property operates beyond the license expiration date, enforcement actions such as citation, formal complaint, or license review may result. Before submitting, fill-out Sections A, B, and C located on pages 2, 3, 4, and 5. Pace 116 Typo IV Rental License M1t1Q&tiOfl Plan, Rev. 4-14-15 City of Brooklyn Center—Building and Community Standards Department dtyoThrooyncenter.org 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430-2199 1 Phone: (763) 569-3330 1 TTY: 711 1 Fax: (763) 569-3360 BUILDING AND COMMUNITY S TAN DEDS BLYN * 1 CENTER p p Rental License Mitigation Plan Typo 1V License Pha I 1)Use a writtcn lease agreement The lease agreenient shall include the Crime Free Housing Lease Addendum A copy of the tease agreement and Crime Free Houslfl Lease Addendum must be attached to the Mitigation Plan when submitteth 2)Agtce to pm sue the termination or lease agreement or eviction of tenants who violate the icons of the lease or any oddendums J 3) Conduct criminal hackgroutd chuck for all neviptO5Pctiv tenan(S If It is a cWThn( tonant a new background chock is. not reqnirod Must he able to provide documentation to City if rn(iuusted. [371 .4) Attend u C i ty approved eight hour Criiim Free lIoulng training course lnfmwalion for approved con ns can be found at wAemncponet undor the Tcaining and Events thh, A copy of the Crime Free Housing Certificate must be altached to the Mitigation Plan when submttted Crime Eree Housing naming was completed on/is ochcdulcd for; Owner or agent attended/is planning to attend training at city Of [j 5) Submit Monthly Update by the tO day of each month. P hase)t 1LJ 1) Complete a $ecurity AssessifiOnt and implement improven1eflt requested by the 4) Brooklyn Center Police Department. To schedule an initial or folloup $ecurity Assessment, call (763) 669334 A follow-up assessment must be completed before the licenso expiration date to verify the security improvements have boon itnplementod If a Security Assessment has boon proviouoly completed, write the completion date. Security Assessment vas completed on/is scheduled for; Security Assosnent followuii was completed on/is scheduled for: continue Sections A, Phase Ill on psg 3 Type IV !aitiI Li ru MI1jPOi PIin. Rev. 4-14-15 63 (d 5Irh <k Pkvy, D fjo^%iyn Ccnn'r, MN 54O.21.$ I Phcns ((6) I 1T' 7 11 I F. (7135) 55 Phase III j1) Owner or oent wifi attend at minimum 50% (2) of the ARM, meetings. The &R. meetings must be completed within the rental license period and before the pending Type IV License expiration date Registration is not required however you mut gn n during Inc meet i ng, meetingtwo rneaq dateii ovjnor or agent plan to nttend, '\/ // /j XT Owe or aqnl willtkud A R IA neehnqs shec5uld øt ij 2) 1 love no repeat code violationa previouIy documented with the paI year. The foHowlng actIons are required for properties with four (4) or memo unitsruCoirJuc rosdent Ionrng annually that includes crime peven1on techniques [j 2 Conduct rogular resident 'neetiflJo 7' iVR& ic 14tjtitOfl P/fl Rev. $4415 :V 1..-r#..... - -.-,--.-- .........--.-.-- ............ City o f DroolklyiiCn r-u1dLj ad tommuTthy St1d JneAt 7O1 tIirg Crck cry, Lraoidy CnIer, MW c-43C-21tX) Pha: (763) 333Q TVi i1 t (763) 5336O Soction.. 13—Long Term Cpi1! Improvement Pldn Based on corlditl1pn and age, estmaUd repla vement dates noed to he provided for common capi1l items. )-Ufldiflg shoukt b eu1deied accorcingly Ilemo that are broken, worn, or Otherwise n viutIun prior to the estirnated replacement date need to he replaced sooner. All items must have date for 1.stnnt'd lRoploccmenl i)te. Dates such as: 'unurn', "don't know", or "when broken' will not ho accepted. If you a re unsure of when an heni will need to bs replaced, you can make a orr-diction based on Iho aq, appearance. condition, or manuIacture/mduStP/ (eCOMM'ond,ations. Additional infOlm;MiOfl on Expected Useful Life can be found at www hudgOv Condition", ExpeDthd Ropthceflleflt DateIth rn t--tnpk Water Hoi(o Furnace VVider Høoter Kitchen Appliances Laundry Appliances Date Last Replaced 1j lJ J, 03/2015 06/2016 612020 2.12026 G 512020 G 512020 Smoke Alarms! Cubon Monoxide Alarn Exterior Items PaintiSklin9 712016 2. Windows Roof 7/2015 ____5(O45 renco 6/2012 C 52020 Shed _____ --., - nia Di; -Odrage Driveway Ila -... ....(11 0011 0 Sidewalks Other, __L. .... Conthlon Abeviatiofl$ WeviN Gc&G Needs epacmeit'R i1/i 7yp /t'/'eniaJ Licnso ig3on P1n, 1w. 41415 ConinjuMfy 6301 Shugo Crck Pk,klyn Cntr, MN 43D219 Pflon:(763) 6C9-33 I TTY; 71' j Fn. (763) 33& The items in this section have been proven to assist with properly managet'nent and property imarJ The following actions are required 1) Cheek-in with tenants Ovety 30-days . 2) Drive by property to check for poeibk code violations 7j 1) Evict tenants in violation of the lease or any addendUfliS. 4)Remain current on all utility lees, taxes,assessmeflt5 fi n es, penalties, and other financial claimslpayments due to the City 5)Other , The following actions um optiontd unless toquired by tho CIty LI1)Provide lawn/snow service LI2)Provide, garbage service [J 3) Install security system. 4)Provide maintenance service pn for appliances. Name of service company: 5)Other: lithe Type IV-6 Month Rental License is approved by the City Council the licensee must comply With the approved Mitigation Pan and all appilcahie City Codes A written report must be submittod by the 10th day of each month with an update of actions being taken by the owner andlor agent to comply with this Mitigation Plan. A copy of the Monthly Update can be found on pga 7 A tillable form can be found on the (itys website at ,w,dllyof)roOkiyflCefl1er0rO or call (763) 5693330 to have an electronic copy sent to you via emiil. Please attach additional information if nocestary, Type IV Ronfal UtW Mifig(in P/en, if, 44445 -.---- --City ofrooIdyit Contr_Bui1dh\j xiid Community Stad bopaet GO1 $hrb creek Bc.kiyi Cwter N 4Oi99 I P (?O) TIY: ?i1 f (76,S)6)O verify that afl information provided is true and accurate I understand that f I do not ompIy with the approved Mitigation plan, comply with all items wIthin the IICCflO period, or operato beyond Wo complaints o licanse reviewlicense expiration date, enforcement aclione such a eitstions fomat may result. '(LY Ow,er 01 Aonf (imti n(j 1 (UO (PI11e P,JnO AddifiOiinI Ow,ororArj0 Nmie rifld TIUO (If ApI/Cbfo Picn P4r Ad ,JI,cwner ot ici 3iwOJre (i(Appinhk) Dahl City staff Only DONlIK:e Dopnitinl Sondards L)Oi,iennfl ..J. //J) I / ) ()oc / 7'.t IV cn I (Mibfl Pkin .I0v. 4- j4-1 - on1 Cke Dcz1yn ct ir 554O219t1 p): (76) <3O T 71 •1 I Fa (77) (City Crdli Anda 1itm No 1©i #5 II1IJ[J I U I N MhY'A Uh'A I k'A (ii 1I flUt1 DATE: September 11, 2017 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Type IV 6-Month Provisional Rental License for 6718 Colfax Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan, Resolution and issuance of a Type IV 6-Month Provisional Rental License for 6718 Colfax Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family dwelling. The previous license was a Type IV Rental License issued on February 13, 2017, on condition of adherence to the Mitigation Plan and City Ordinances. The requirements of the Mitigation Plan were met for the previous license. However, the property qualifies for a Type IV Rental License based on eleven (11) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. Therefore, according to City Ordinance, based on the number of property code violations, the license category remains a Type IV. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental License to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. The following is a brief history of the license process actions. Mission: Ensuring an attractive, ck'un, safe, inclusive community that enhances the quality of hft' for all people iuidprcserves the public trust I1IJ[iJ I NI N UY I IIA [I) )IBJhYA I Current rental license approval activities: 02-13-2017 The previous Type IV Rental License expired. 04-11-2017 The owner, RHA 3, LLC, applied for renewal of the rental dwelling license for 6718 Colfax Ave N, a single family dwelling. 05-18-2017 An initial rental license inspection was conducted. Eleven property code violations were cited, see attached rental criteria. 06-21-2017 A second inspection was conducted and failed. A $100 reinspection fee was charged to the property. 07-05-2017 The $100 reinspection fee was paid. 07-10-2017 A third inspection was conducted and rental license passed. 07-25-2017 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 07-25-2017 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. 07-27-2017 A Mitigation Plan was submitted. 08-30-2017 The Mitigation Plan was finalized. 09-01-2017 A letter was sent to the owner notifying that the hearing before the Council will be held September 11, 2017 Prior Type IV Rental License approval activities: 10-13-2016 The Owner, RHA 3, LLC, applied for renewal of the rental dwelling license for 6718 Colfax Ave N, a single family dwelling. 11-16-2016 An initial rental license inspection was conducted. 15 property code violations were cited, see attached rental criteria. 12-20-2016 A second rental inspection was conducted and rental license passed. 01-05-2017 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 01-05-2017 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 01-11-2017 A Mitigation Plan was submitted. 01-29-2017 The Mitigation Plan was finalized. 01-31-2017 The previous rental license expired. 02-03-2017 A letter was sent to the owner notifying that the hearing before the Council will be held February 13, 2017. If approved, after six months, a new rental license is required. The license process will begin in approximately two months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Mission: Ensuring an attractive, clean, safe, inclusive conununity that eithances the quality of life for all people aizdpreseres the public trust kO1lJ(iJ I fl I I k'4 I'A I ak'4 (I) 1WI i1IAJ Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 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, sfr, inclusive community that enhances the quality q/hjfr for all people and preserves the public trust [1flIJ(IJ I fl U I MYA IhY I 3k'A (I) UhI I1lJh'A I Rental License Category Criteria Policy - Adopted by City Council 0308-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Mission: Ensuring an a1tractive clean, safe, inclusive conmiunhty that enhances the quality of lift for all people and preserves the public trust [i1II[SJ I U U M"4 U'A I 'A (I] 1I PlUh'Ai Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I 3 Year 1-2 units 0-1 3+ units 0-0.75 Type IT - 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 7t& for al/people and preserves the public frust [II1SJ[iI I fl U hI!A 7 1NI 11 ,11",YA (I] tILI IIBIhYA I Budget Issues: There are no budget issues to consider. Strategic Priorities: e Safe, Secure, Stable Community Attachment - Mitigation Plan - Resolution Approving a Type IV Rental License for 6718 Colfax Ave N Mission: Ensuring an attractive, clean, sfr, inclusive community that en/lances the quality of lift for all people and preser'es the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 6718 COLFAX AVE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 6718 Colfax Ave N, was issued a Type IV Rental License on February 13, 2017; and WHEREAS, the property qualifies for a Type IV Rental License based on the number of property code violations (11) and validated police nuisance incidents (zero); and WHEREAS, City Ordinance Section 12-901.2 requires a property owner who receives a Type IV Rental License to complete Phase I, II and III of the Crime Free Housing Program; and WHEREAS, City Ordinance Section 12-914.3.c establishes the requirement for Phase II of the Crime Free Housing Program including attendance at a minimum of 50 percent of Owners/Managers Association Meetings and complete security improvements; and City Ordinance Section 12-913 requires submittal of monthly updates. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE IV Rental License is hereby approved for the property at 6718 Colfax Ave N, Brooklyn Center, MN. September 11, 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 COMMUNITY STANDARDS Rental L icense Mitigat i on Pl a n Typo IV Lkense Hondwtiflon W dgaUon P10fl8 will not tiC CCCCpfe(i A (tk3bIeNon)) n be (otI or the Ctys vile 't /.At,(tyOft}fC} yciflIflO(Q or eat! (763) 3A) to h;e an etedrork; copy &at to YC) Vie :ropee y i\ddress 6Y IS Clum AveN ras) N Owner Addi; 0 vow 01V4 Njdo 1'I, StN OI Ants): ijents Address: Oi• OOkfl 0 WOO 'IO Ro ,,^ evillo. M5 511 ()vncr5 Phone: 07M 263t5 Agenrs Phoo: (170 2 -O8O ownerS End!. rha3hsienbrookhumes.com Agents Eriait: rdt1aventreTsoau (LOiOrd L:Xpif boo tJao: Pending Expirallon Date:I O( oto;d Ori0r1) on anrty crndtiens and/or added pice nriserme incident"', the above rdeenccid propeNv qualities for !146pn !V Mn!h Rentd ticnse. Prior to application pprovat by the Cdy CCUaSo a utIy comp!oted MWtJaIkIn Plan must he completed and approved by Cily staff. A Mdiatkm Plan must be completed i methaely in order to ensure U!y completion 01 the Ucens OPt)lk 1 LiOn pososa The Mbçjabon ton ahould indicate the steps being lakn to couecl klontilmd \JtSt on and the mCriSU CS that YdI be EIOn 10 onsuro 0rrJtii c npt ace witn City Ordinen and ;tcable f;cdns, A Mt!qedon PPm aitows the OVI or and the Chy to reviev concerns one dentify pusribto sotetions to improve oveafl condkiuu of the property, U he Mitipation Plan s not sn'hed and all ctrnns are not completed wthui the pording license poriod or th above poprnty opeones beyond the license eviration date, entoreernont SOtions nch as cithtin, formul compaint, or lk;ense ovie'' may result. Before submicithig, fifl'out Sections A 13, and C located on pages 2, 3 4, and 5. )%a ipw 1/ 0o ,wm Oremo ,.utvs COt;, 7 4-Is My of ttootdy; Contor' Huilcttoq a nd Coo.nO1y S t anda WE Cptnioi Cro; P:ttviy, !3000" Cw1wq!mq I bOuvm 1 Ch)tr (Jt) mwm I Y 711 1 pax iN; BUILDING AND COMMUNITY STAThAROSCity ofi3ROOKLYN Rental License Mitigation PlanCENTER I Type IV License Sections A Crime Frco Hoiisirtj Projratn Requirements Phase I i'j 1) Use n writen lease agreement. The tenon oçjrocmunt shall include the Crime (ren I lousing tnaao Arl:ieriduin A copy of the lease agreement and Crime We Housing Lease Addendum must be attached to the Mitigation Plan when submitted. 2) Acren to t)tOSUe Mm MWOOn Or loase syroement or evirfliun of tenants who violato the terms of the lease or any addendumn. [1 3) Cnodes;t crimnol I c3ruund chcle for all new prospective iennnts if 0 is a s:noit a now P ckjoued cheek, is not requmI. Mul be nub to pr(""/do docea entcti to City if rr:pmsterJ, v' 0) toim el a Oily approved 091*hmu Come Nec Housing trainioq course. hlrmalionfoy approved ceurces can be found at V wnccpa net under the Training end Events tab. A copy of the Crime Free Heusing Certificate must be attached to the Mitigation Plan when Submitted. Crinie Free Houini lruinhiçj was completed on/is scheduled for Owner of agent aThnrlerI/is planning to attend training at cOy of: El 5) Submil Monthly Update by thu ld h day of each month, Phase It H I : Ctupbnlu a Socority Asosament one hopieninut nrprovwnonts incuostod by the Brooklyn Center Petice Department To schedule on initia or fotbowup Securhy Aoassnient, call (763) 5693341 A follow-up assessment must be completed before the license expiration date to verify the SOcurbty iniprovemenb have been Implemented if a Secorhy AssOSamenl has been provousty camploted, write the ompbetinn date, Security As ss:nont was conipbeted on/is scheduled for: Ni/Il Security Assessment (olInwup was complotod on/is scheduled for: W4t 17 Continue Sections A, Phase Ill on page 3 i ?ye' '.' Noioi A- /licn 1,49 , : - I Oily of thoolOya c\1&r—su ilding and Community SundaWs Ocprtncnt oO-t nj C14P S o C Ok I'.t -IS', (iCi Pt Kay QQ uwaxj 1 ii Y it 7na 13uILrxNo AND COMM1JNXTY STANDARDSis ­Ciyf I NTE- R Rental License Mitigation Plan.1 Type IV License Setions A Criine Rae Jkni;ir; Program Requirements (contiitid Phase III [t/( 1) own e r or aet wU attend at mu Imum O% (2) at the ARA. iootinqs. The meetings must be completed within the rental license period and before the pending Type 1V License opiretion date. Res1relian is not required, however you must sign-in during the meeting Wdto two meeting dates an Owner or agent plan to aucad. Ctft'Owner Or agent iilt It d MM metkys ' ccucd rt and ) Iave i io repeat code violalkoms pr viousy docuriantud with the post year. tim (allowing actions are requiroct for properties with four (4) or more units. Li( duct rosidont training anurmity (kit includes au prnvartian teChktres. (3 2) Conduct resdnr esdent mootnqc, 0 IV (eJ(:3? aLi. eo City of B ro ldyo Cin i3u i idinrj and C nmuiOiy Slandsidu DepaAmul WWMADMANOWMA U11 I moo (73) I ______ rnJxJDINc AND COMMUNITY STANDARDsCity 01 i8 ABROOKLYN wt. Rental L icense Mitigation PlanCENTER Typo lv Licenso Sections 3Long Tornt Capital lmprovemenl Plan BaWd On COMM and age , etiniatod reptaconic'r.t dtc; neal to be piovdod (or cwn n wn capital itoms. Fundirq houk1 he mumWomd acodirijly, Itein; Jmt are hroko, worn, or cth iwse in Qolakn prAr to i1 he erunatcd repkicernnnt i3ao need to be rapbced noorior All items ira ist dato for [sfimatec/ Rr 1; me; Date. Dates such an "unsure", "don't know", or 'when broken" will not he accepted. If you are u nnue of when an item vail need .o be reptoced, you crn make a prodicte)n based on the aCJO, a pearance, condition., or Inaou(acluroIncJustry ieCOfl1OndaiOfl5. Mittonai onotion on EXpeCted Useful Lifü can be found at wwviiudov, Hem bate Last Replaced Condition Expected Replacement Date Exoiapie: Waior 1!oetoi May 20W l May 2020 [j 'te.)lor 0 J11 Imal Ki1cho Ap;!kiiicos (oundV i\1)Piiu1Ce5 •SfIi<c 11nOflS1 bon lvto ox(,- Alarni Ut/2020 71l QGOI,^/1/2O26 Root'G LI Fence Shod Wage G a (!)i20,1O t)riveva J1i2c20 ,;;It 12a',n Ii 02025 Other CuditOu A1o'1. 0 '00 Uao'JG Fair'F d; Rep:ocemant R io b i'p IY (?Oi At'(' POH, '. 4' 1h55 Ciry or Bro okip cc.nte .Ra1dinj a nd CQnn1unny S ta ndakdu Department vc''rcono rn Sh r; '1k 5541041M 1 1"It BUILDINO, AND COMMUNITY STANDARDS BROLYN 1ontaI License Mitigation PlanCENTER j Typo IV License Sections C Steps 10 Improve Management arid Cnd/t!ons of Properly W Roma n this section have been poven lo asst with popu ty m&iagement and property image The following actions are required: 1)(hco with lenanta every 3(hdays. J 2,1 Uiivc by property 10 check (e i bte code viotahona.E1 3, ) Evct tenants in lntioii of lht lease of an ithtCe.I t/i 4) Riah cumnt on utility 1ec bxs, asscs;monk, (non, peralhe, and nthr neina r ir/payniont due to the Chy, ) OU: The following actions are optlonni unless required by the City I l fOV kO tav'n/snovi service. 2)Povkle garbape aorvce. LI Insind security sy(em I) Povido mairRonance scrvce plan for applarices. Name of sarVm cmpanv: U the I ypo IV-6 Month Uental tJcno Is nPproved by the City Counci, the Hcenso must comply v%th the 'coed Milftintion P1mm and all applicable City Codes, A written report must be submitted by the 10 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 fommd on page 7 A filloWe, ka ni can ho found on the City's wbsite at ww.cityotbruodyneenter.org or cfl (?) J3G h) hnvo m dee,wein copy sent to you via orflal Please attach additional information if necessary I V (iiE( 1 F,V gnI , fl ', 14-165 I y of hoo lt ly n C.'ine--i3u ildtncj and Ccvu'viuiity Slanduds Dp r1i;t' nt (ythec il ( ')1 W10 CNN PMW,N, UMM10 Gelst 1U 614NA2190 l I I I\' I (/) BUILDING AND COMMUNITY 'rAI'flDARDs M' Cky&if 6' 6MONBROOICI YN ")I Ronth Licrnse Mitigation Plan Fypt. IV Sign ond verity vi1y t1 UH ink n Iirai .novidod is two and aCUt3U. 1 dIndrstaI1d that t 1 do not comply with h qgn t)'O(I M jahon Man,tOiflpiy Wth nil Rome within h( luonso pw cd or o orate beyond the license t(),-, dl ile ordcernwi actions sch an citvifiolw, fm .roM co plaints, or c:Ontc review may res]t. n -;LIU Of' 'J1 1fi(i [Uc Piano MAO owl / / •77/ ,/ I ( / 7 :'-- // / / I / :o( AARM Otfe or /000? /ntO OI nao (-II AOJ/ Jje Ad/1n-; Ch w oy rit Agual s;/)c!ff (II ApttJ) CILy St!1 Oty wfM ,aetwfa /1 flue 4_S f /• I //1f C f4Wf fOIMIOI1S L)oaeitw( 1) Pnqo IS I n Awac I 1f{ j5 L44 _11 4 '1 Owe Coy of Drooldyn Coslar- -Building and Cou unii y St ud 1)pumcnt w w i':,nf I/c SOMMAW Pakuy DWI, C010, h -I 65I21 0 jr: (?r:1) o/n3 1 City C©iuiinidli A©ffllda JItcm N0 10 #6 COUNCW ITEM MEMORANIDUM DATE: September 11, 2017 TO: Curt Boganey, City Manager FROM: Sharon K nutson, City Clerk 4&N-40^ SUBJECT: Type IV 6-Month Provisional Rental License for 6765 Humboldt 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 6765 Humboldt 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 January 09, 2017, on condition of adherence to the Mitigation Plan and City Ordinances. The property would qualify for a Type III Rental License based on seven (7) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. However, the owner failed to comply with the Mitigation Plan and applicable Ordinances, specifically failed to turn in monthly updates and attend Owners/Managers Association Meetings. According to City Ordinances, if the requirements of the license category and the Mitigation Plan are not met, the license renewal category remains a Type IV. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the continued Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. The following is a brief history of the license process actions. !Jission: Ensuring till attractive, clew,, safe, inclusive coininunily that enhances the quality of lift for all people an(lpresen)es the public frust SUk[IJ i V U MkLU Vk4 (I] t1I P]JJ'A I Current rental license approval activities: 01-31-2017 The previous Type IV Rental License expired. 02-10-2017 The owner, Moeen Ahmad Masood and Shehia Alavi, applied for renewal of the rental dwelling license for 6765 Humboldt Ave N, a single family dwelling. 03-08-2017 An initial rental license inspection was conducted. Seven property code violations were cited, see attached rental criteria. 03-08-2017 A $300 Administrative Citation was issued for operating without a license. 04-12-2017 A second inspection was conducted and passed. 04-19-2017 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 04-19-2017 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. 08-04-2017 A Mitigation Plan was submitted. 08-11-2017 The Mitigation Plan was finalized. 09-01-2017 A letter was sent to the owner notifying that the hearing before the Council will be held September 11, 2017. Prior Type IV Rental License approval activities: 07-08-2016 The owner, Moeen Ahmad Masood and Shehia Alavi, applied for renewal of the rental dwelling license for 6765 Humboldt Ave N, a single family dwelling. 07-08-2016 A Mitigation Plan was submitted. 07-13-2016 The Mitigation Plan was finalized. 08-02-2016 An initial rental license inspection was conducted. Seven property code violations were cited, see attached rental criteria. 08-31-2016 The previous Type IV Rental License expired. 09-02-2016 A second inspection was conducted and failed. A $100 reinspection fee was charged to the property. 09-21-2016 A third inspection was conducted and corrections complete; however, the $100 reinspection fee was not paid. 10-26-2016 The $100 reinspection fee was paid and rental license passed. 11-14-2016 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 11-14-2016 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 01-02-2017 A letter was sent to the owner notifying that the hearing before the Council will be held January 09, 2017. Previous Type IV Rental License approval activities: 02-12-2016 The owner, Moeen Ahmad Masood, applied for renewal of the rental dwelling license for 6765 Humboldt Ave N, a single family dwelling. 02-28-2016 The previous Type IV Rental License expired. Mission: Ensuring an attractive, clean, safe, inclusive conununiv that enhances the quality of life for all people and preserves the public trust i1lI[JIfl TW 03-01-2016 An initial rental license inspection was conducted. Nine property code violations were cited, see attached rental criteria. 04-19-2016 A second rental inspection was conducted and failed. A $100 reinspection was charged to the property. 05-03-2016 A third inspection was conducted and failed. A $100 reinspection fee was charged to the property. 05-18-2016 A fourth inspection was conducted and corrections completed. Reinspection fees have not been paid. 05-23-2016 The $200 in reinspection fees was paid. 06-03-2016 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 06-03-2016 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 07-08-2016 A Mitigation Plan was submitted. 07-13-2016 The Mitigation Plan was finalized. 07-18-2016 A letter was sent to the owner notifying that the hearing before the Council will be held July 25, 2016. Previous Type IV Rental License approval activities: 07-09-2015 The owner, Moeen Masood, applied for renewal of the rental dwelling license for 6765 Humboldt Ave N, a single family dwelling. 08-31-2015 The previous Type IV Rental License expired. 09-11-2015 An initial rental license inspection was conducted. Six property code violations were cited, see attached rental criteria. 10-16-2015 A second inspection was conducted and failed. A $100 reinspection fee was charged to the property. 11-03-2015 A third inspection was conducted and failed. A $100 reinspection fee was charged to the property. 11-18-2015 A fourth inspection was not conducted; no access at time of inspection. A $100 reinspection fee was charged to the property. 01-19-2016 The $300 reinspection fee was paid. 01-28-2016 A fifth inspection was conducted and passed. (The siding and driveway violations are deferred through a previous capital improvement plan) 01-29-2016 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 01-29-2016 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. 02-18-2016 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, TI, and III of Crime Free Housing Program, etc. 03-24-2016 A Mitigation Plan was submitted. II'Iicsion: Ensuring an altractivu, clean, saf, inclusive community that enhzancL's the quality of liti or ulipeople and preserves the public host II1IJ[J I fl I I U!A I I'A (I) 1I 1PJk I 04-01-2016 The Mitigation Plan was finalized. 04-18-2016 A letter was sent to the owner notifying that the hearing before the Council will be held April 25, 2016. Previous Type IV Rental License approval activities: 11-10-2014 The owner, Moeen Ahmad Masood, applied for renewal of the rental dwelling license for 6765 Humboldt Ave N, a single family dwelling. 12-30-2014 An initial rental license inspection was conducted. 8 property code violations were cited, see attached rental criteria. 01-30-2026 A second inspection was conducted and failed. A $100 reinspection fee was charged to the property. 02-18-2015 A third inspection was conducted and passed. 02-28-2015 The previous rental license expired. 03-02-2015 The $100 reinspection fee 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. 05-22-2015 A $125 Administrative Citation was issued for not submitting a mitigation plan. 06-18-2015 A $250 Administrative Citation was issued for not submitting a mitigation plan. 06-18-2015 A $600 Administrative Citation was issued for renting without a license. 07-21-2015 Sent mitigation plan information to complete and return. 07-22-2015 A $500 Administrative Citation was issued for not submitting a mitigation plan. Citation later dismissed. 07-22-2015 A $1200 Administrative Citation was issued for renting without a license. Citation later dismissed. 08-04-2015 A $250 Administrative Citation was issued for not meeting mitigation plan requirements. 08-15-2015 Staff met with the owner regarding requirements for mitigation plan and the ongoing enforcement such as administrative citations. 08-24-2015 A $1000 Administrative Citation was issued for not submitting a plan. Citation later dismissed. 08-24-2015 A $2000 Administrative Citation was issued for renting without a license. Citation later dismissed. 08-27-2015 Staff met with owner to discuss mitigation plan requirements. Based on the meeting with the owner and additional information, some citations were dismissed. 08-31-2015 The previous Type IV Rental License expired. 1Jisfo,,: Ensuring all attractive, clean, sq Ii', inclasive coInFIlilnity that enhances the quality oJ'lifr for till people and preserves the public trust III1SJ[iJ I V DkYA L I kA (I) 1Wl I1IWA I 09-09-2015 The mitigation plan information was sent to the owner in order to complete and return. 09-11-2015 A Mitigation Plan was submitted. 10-01-2015 The Mitigation Plan was finalized. 10-05-2015 A letter was sent to the owner notifying that the hearing before the Council will be held October 12, 2015. Previous Type IV Rental License approval activities: 07-22-2014 The Owner, Moeen Masood, applied for renewal of the rental dwelling license for 6765 Humboldt Ave N, a single family dwelling. 07-30-2014 An initial rental inspection was conducted. 16 property code violations were cited, see attached rental criteria. 08-31-2014 The previous rental license expired. 09-03-2014 A second rental inspection was conducted and failed. A $100 reinspection fee was charged to the property. 10-14-2014 A citation was issued for $300 for operating without a rental license. 10-15-2014 A third inspection was conducted and failed. All repairs were completed however broken glass pieces were not picked up and remain a safety hazard. No reinspection fee was charged. 11-05-2014 A fourth inspection was conducted and passed. All glass pieces were removed. 11-10-2014 The $100 reinspection fee was paid. 11-10-2014 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 11-10-2014 A Mitigation Plan was submitted. 11-19-2014 The Mitigation Plan was finalized. 12-01-2014 A $125 Administrative Citation was issued for failure to meet the Action Plan requirements. 12-02-2014 A letter was sent to the owner notifying that the hearing before the Council will be held December 8, 2014. If approved, after six months, a new rental license is required. The license process will begin in three months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Mission: Ensuring an attractive, clean, sit inclusive cominunhtr that enhances the qualify q/lfe jn all people, and preserves the public trust I[O]JJ[iJ I U U I ObYA UA I Bk'4 [0] 1I P1IJIJI Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5.Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Mission: Ensuring an attractive, clean, sfe, inclusive (JOmnWuhtV that enhances the quality of 1ift for all people and preserves the public trust [S1i1IJ[iJ fl I I W'4 UhYA I M1 Ci] 1I IISIIYAI Rental ULicense Category Criteria PolicyrTTi U IZ City ZCou n cil tLfuID 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: o At least 75% of units will be inspected for properties with 15 or less units. o At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Ms,s En'uriiig (ill attracth'e, clean, sak, inclusive cop unuinv that enhances the quality Of life flu all people auudpreserues the public mist II]JJEIJ IflI U DI UYA I Dk'A (0] 1IiI UIJhA I Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Onlv Type 1 -3 Year 1-2 units 0-1 3+ units 0-0.75 Type II -2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd, 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.3 5 Decrease 1 1-2 Greater than I but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than I 5 or more units Greater than 0.50 IJ,csioiz: Ensuring an alli'ucIive, clean, saf', inclusive conuminhty that enhances the quality of lift' for all people and preserves the public trust iEI1SI[iJ I ti *'A U'A I ak'A (I) 1AI flhJh'A I Budget Issues: There are no budget issues to consider. Strategic Priorities: o Safe, Secure, Stable Community Attachment - Mitigation Plan - Resolution Approving a Type IV Rental License for 6765 Humboldt Ave N Mission: Ensuring an attractive, clean, safe, inclusive COflInlUnitV that enhances the quality of liic for al/people and preserves the public teas! Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 6765 HUMBOLDT AVE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 6765 Humboldt Ave N, was issued a Type IV Rental License on January 9, 2017; and WHEREAS, City Ordinance Section 12-901.2 requires a property owner who receives a Type IV Rental License complete Phase I, II and III of the Crime Free Housing Program; and WHEREAS, City Ordinance Section 12-914.3.c establishes the requirement for Phase II of the Crime Free Housing Program including attendance at a minimum of 50 percent of Owners/Managers Association Meetings and completion of Crime Prevention Through Environmental Design Requirements; and City Ordinance Section 12-913 requires submittal of monthly updates; and WHEREAS, the property owner of 6765 Humboldt Ave N, Brooklyn Center failed to attend Owners/Managers Association Meetings and turn in monthly updates. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE IV Rental License is hereby approved for the property at 6765 Humboldt Ave N, Brooklyn Center, MN. September 11, 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. 3UILDINS AND COMMUNITY STANDARDS V City of Rental License Mitigation Plan Typo IV License Handwritten Mitigation Plans viii! not e aceptQcI A f4lable form can be found on the City's website at wwvi city brooklyneete,mq or call (763) 5693330 to have an cioctionic copy sent to you on Propoi y idoiers: A r Namc IS): R 765 HLi Ph4xOks LLC vriers i'drcss 3c c;r n P jtt, Rorr.i ?1N o6b Owner's Phone çcni ) 2 c Local Agent(s): Agents Address ,i13 Utare DamsPrniti biIB Agnts Phone. (esi) 261.303j Owner I S EmaIl io Agents Email:urt1uy:icoom Cue:at FpiraLon Date: j Pending Expiration Date: /) I y , :1 (SA 01"M4 Um ' r I t l3nsud on property conditions aria/or vadated polLu nuisance incidents, the above ieferenced property quahihes fora 1 ype tV6 Month Rental License. Pot to application approval by the City Concit a fully completed Mitigation Phii must be completed and approved by Orty staff, A Miticri Man must be completed innniedately in order to enuie timely completion of the license applcatnan process The Mitigation Plan should indicate the steps being taken to correct identited V1056oris and the ineaswes that wdl be taken to cosme ongoing compliance with City Ordinances and applicable codes. A Mitigation Pkri allows the owner iirnd the City to review concerns and duatfy possibk solutions to improve overall eundrtons of the properly. if the Mitgation Plan is not submitted ad all itunis are not compteted wtbn the penduig license period, or the above oropen I; mites beyond the license expiratmo date onforcernient actkns such as cdatiorn, formal cur ripin at of ::cc nse evw may result Before submittiny, fillout Sections A, B, and C located on pages 2, 3, 4, and 5. i ,' iv k'(uc L O;iilQ Pqa th n 74 ie City QI Itrooldyit C nl i—Bu iltling and Community Standards D& art iett ow. try c.uu1'arjA' c 141,11 io, W! AN AW2195 1 Phan;ii 5551330 1 1Y v 11 1 n s; City of BUILDING AND COMMUNITY STANDARDS BROOKLYN CENTER :1 Rental License Mitigation Plan Typo IV License Sections A-Crinie Free Housing Program Rcquire:i en (s Phase I I Use a wrttei tease agreement The tease agreement shalt inclUdO the Crime Free Houirma Lease Addencmum, A copy of the lease agreement and Crime Free Housing Lease Addendum must be attached to the Mitigation Plan when submitted, 2) Agree to pursue the tertnin.,ition or lease iqroement or evctmon of tenants who violate the terms of the lease or any adrienu ar us. % Conduct cnrruml backqtoimmd check lot all new prospenirve tenants, If it is a current tenant a new background check is not required Must be abk to provide documental on to City if requested, 4) Attend a Uty approved eignbhour (rmme Free Housing trnnuicj course, Information for approved courses can be found at wwwriwcpanet under the 71b/ny and Fvwds tab A copy of the Crime Free Housing Certificate must be attached to the Mitigation Plan when submitted. Crime Free I lousing trainin was completed on/is scheduled for i Owner or agent attended/s planning to attend training at city of [{J f) Submit Monthly Update by the 10'" day of each meets, Phase If j4 Complete a Security Assessment and implement im prove tile tits' roqueswd by the Brooklyn Conuo Police Department To smiedule an initial or foltowup Secunty Assessment call (763) 669-3344, A follow-Lip assessment must be completed before the license expiration date to verify the Seculity irnorovernonts have been trnptemcnted. If a Security Assessment has been previously completed, write the completon date Security Assessrrmont was cornet ded on/ms sciieduted for: 42211 Security Assessment follow up was camploted Onus scheduled for 4 Continue Sections P. Phase Ill on page 3 t! Lo p -No Mr II Raj 4 City Of Brooklyn Ccnt '13d1ding mid Conimunity Siutdnds Depatmortt w' cuyOokia Sj5r sKi, O WN QW0 1199 1 Plain QQ 559 oee 1 1 rv ill 1 v J Typo IV License Sections A—Cr/mo Free Hous/ng Program Requirements (con tinuocJ Phase Ill Li 1) Owner or agent will attend at Hnimum 50% (2) of the A.R.M. meetngs. The ARM, meetings must be completed within the rental license period and before the pending Type IV License expiration date. Regitratlon is not tequired, however you must ui dw mq the meeting V1,brite 1,1,7 0 meet i dates an owner or (jcnt plan to WSW / cJOwner or agent It attend R Li caNt nduted otv MAnd I 2) Have no repeat cod vk,,Aa1icj1"1; r(vn sly documented w ih the oas year The following actions are required for properties with four (4) or more units, 1,t Conduct resdent train og 0000alty tnar includes come prevenion techniques 2) Conduct reantar resident mnotmris, o typ&/y 1,e! Ynf City of Brooklyn Center—BnOdIngind Co munty Siandads Dopaximent www Ciyol% It q OU S A 15 CWA iikv:y, bwaon Csn. MN t5 e 1 r'ir tns 50n30 1 11 Y 711 1 fat ((3: 1 60'7J BUILDING AND COMMUNITY STANDAPd)S ea1W BROOKL Y N b/On N hrnuy (0 r, J!. CENTER Rental License Mitigation Plan "WE Type IV License Sections B=Long Term Capital Improvement Plan Basc2i on mrn<flI on and age, estimated replacement dates 000(1 to be provided for common capital toms Funding .'0ontd be considered accordingly, Items that are broken, worn or other/use in vmtanor poor to Uro esth rated replacemont nato need to he replaced sooner. All items must have a date for Eslima:ed Rvp1ricorioot Dale, Dates such as: "unsure, "don't know" or 'when broken" will not he accepted. It you are uriuic of when an tern wifl need to he replaced you can 'nate' a nredrctron based on the age appearance, ce'diton, or nanufanturolrndustr y recununandahon& Addhrorial irUomiat on en Expected Mehl 1, do can he 'cued at w,yw hedge', Item Date Last Replaced Lr'.aeip/n V'Uot ?crilc',)day 20W 1;0 13 I urirano Water I i&atrrr Shen Apphances tt 12 Lt,fl 'Ii j I \t)dltA ç,tj)— Snoke Alums/ Cadoii Monoxide Alarms :'o t-<turror Itcrns Parnt$ dine 20 1 1 Arndovs Roof Fence Shod NA - Garage Driveway brdevualss r'' ,)( O 0 U e 'CAMAWn Abhrcvialens Nn'. N Condition" Expected Replacement Date May 2020 C;2022 202:3 I;2025 7022 a 2025 :1 20Q 1' 2017 0 2030 7025 Weds Reo nt'rr:' R 7 3V I' 1C;n, Rei 4 $ i City of Iroo14u Contbr -Building and Community Sthnthudri D'p5ntment v'',' i'r '1 'cnkiyennr c Glut Q Oct CMU Noway tonevol Way! YN 11, ", I 11 ' 'r'n5 I T !Y :'rt in '763:5 0e SO BUILDING AND COMMUNITY STANDARDS7IIP'Cityof BROOKLYN 165430 Rental License Mitigation Planp CENTER Type IV License Sections C—Steps to Improve Management and Conditions of Property The items m this section have been proven to asks with properly management and property image. The following actions are required: [/] Check-in wh tenants every 30 days i/i 2) Drive by propmty to check for possibte code v:oiatioris, 3 Evict tenants in vinOtion of PIe ease or ire/ add idoms. [v']41 icra' currerd on all utility fees taxes, asessnIerrts, fuis, perviltes, and other -WWI ChOslaymenhdue to the Chy. [J 6)Other The following actions are optional unless required by the City 1) Provide lawn/snow service [} 2) Pmvde garbage scrvce, L] 3 Install security system. L] 4 Provrae maintenance servrcC plan for appliances, Name of seivice comoarry u) Other: If Pie Type 106 Month Rental License is nppovcd by the City Council, the licensee must comply With tine approved Mitigation Plan and aU anphcable City Codes A written report must be submitted by the 10 day of each month with an update of actions being taken by the owner mid/or agent to comply with this Mitigation Plan, A copy of the Monthly Update can be found on page 7. A fiflabfo form can be lound on the City's website at .wi'.v.cityofbrooklyncentcr,oro or calf (763) 5603330 to have an electronic copy sent to you On cmarl Please attach additional information if necessary. 04 5`6 Typ; I v iaa t amp hmpd on Po, AV 4 A I i t City of Brooklyn Center—Aididing and Community Standard-, Dpirtmexit w' 5r c' 1 '., 'w k A pam a y RMA 01Cy' AR4 MGM n 1 ww" I'liv 71 1, i, supar City BUILDING AND COMMUNITY STANDARDSI' i&YI BROOKLYN I ' eJ l(f ]& CENTER 3O Rental License Mitigation Plan Type IV License Sign and Verify veny that all ; oration orovded is Poe and accurate I understand that ifl do not cornply wRi trio appoved Motion Pian,, comply wlh aU items wtliir the hcense ponod, or operate beyond the lcunse exOual:on date, entoreument acons such as Ca1ons, formal compIarits, or license rcvow may resuR. P4 6 tax I ST A '/J(I (1 0 nor to Agunt d/i.i Sir -i' .4l,'tl 0, n A ri''it !apj - nO Or' (/! i ;jLciIA: ii;n-ii A !r-u' (_)vi;c ;' Ag"? ATiaMnQ1 A,n1;.iiili;OW City Stat! Only 2? Pi/i'O f);iintif Ay, rn:ty' 1 a'! ,Js 1)eçi!rnnnt i±7L/ j iiZ / Onto L t-r' I Ii (I' City of Brooklyn Ct's Iuildinj and Community Slaudards D1ttc1 •' oyi.f ilL c{,i Kill TWA 0. '5 4"31 2 1 09 1 l 's: irv 111 1 Fax 013, 101),