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Home My WebLink About2017 11-13 CCP Regular SessionAGENDA CITY COUNCIL STUDY SESSION November 13, 2017 6:00 p.m. City Hall Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the podium. 1. City Council Discussion of Agenda Items and Questions 2. Miscellaneous 3. Discussion of Work Session Agenda Items as Time Permits 4. Adjourn CITY COUNCIL MEETING City of Brooklyn Center November 13, 2017 AGENDA 1.Informal Open Forum with City Council - 6:45 p.m. —provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2.Invocation - 7 p.m. 3.Call to Order Regular Business Meeting —The City Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet is available to the public. The packet ring binder is located 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.October 9, 2017— Work Session 2.October 16, 2017 - Joint Budget Work Session with Financial Commission 3.October 23, 2017 - Study/Work Session 4.October 23, 2017 - Regular Session 5. October 23, 2017 - Work Session b. Licenses C. Resolution Approving the Agreement with SafeAssure Consultants to Provide Safety Program Support Services and Training d.Resolution Establishing Interest Rate for 2018 Special Assessments e.Resolution Establishing 2018 Street and Storm Drainage Special Assessment Rates CITY COUNCIL AGENDA 2- November 13, 2017 f.Resolution Accepting Feasibility Report, Declaring Costs to be Assessed and Calling for Improvement and Assessment Public Hearings for Improvement Project Nos. 2018-01, 02, 03 and 04, Firehouse Park Area Street, Storm Drainage and Utility Improvements g.Resolution Accepting Feasibility Report, Declaring Costs to be Assessed and Calling for Improvement and Assessment Public Hearing for Improvement Project No. 2018-06, 51st Avenue/Frontage Road Street, Storm Drainage and Utility Improvements h.Resolution Authorizing Acquisition of Easement for PID 34-119-21-11-0002 i.Resolution Accepting Bid and Awarding a Contract, Improvement Project No. 2017-14, 2017 Lift Station 1 Improvement Project j.An Ordinance Amending Chapter 23 of the City Code of Ordinances Regarding Filming Activities and Commercial Photography —Motion to approve first reading and set second reading and Public Hearing for December 11, 2017. k.An Ordinance Amending Chapter 11 of the City Code of Ordinances Regarding Liquor Licenses —Motion to approve first reading and set second reading and Public Hearing for December 11, 2017. 7, Presentations/Proclamations/Recognitions/Donations —None 8.Public Hearings —None 9.Planning Commission Items a. Planning Commission Application No. 2017-007, Submitted by HOM Furniture Inc. and Gatlin Development Company. Request for Approval of revisions to PUD Amendment No. 8 of the 2011 Shingle Creek Crossing Planned Unit Development to include the storm water management improvements of a bio-infiltration pond and to provide flexibility to use alternate development concepts in the future marketing and development of future commercial pad sites identified in PUD Amendment No. 8 for varying building sizes (i.e., commercial retail, bank, restaurant, and office uses) with the provision that they meet the PUD's parking standards. The Planning Commission unanimously recommended approval of this application at its October 26, 2017, meeting. Resolution Regarding the Disposition of Planning Commission Application No. 2017-007 Submitted by HOM Furniture, Inc. and Gatlin Development Company for Revisions to Planned Unit Development Amendment No. 8 to CITY COUNCIL AGENDA -3 November 13, 2017 the 2011 Shingle Creek Crossing Planned Unit Development and Site and Building Plan for Horn Furniture Store (Located At 2501 County Road 10) Requested Council Action: —Motion to adopt resolution. b. Planning Commission Application No. 2017-011, Submitted by Gatlin Development Company. Request for Approval of the Preliminary Plat for Shingle Creek Crossing 6th Addition (Located at 2545 County Road 10). The Planning Commission unanimously recommended approval of this application at its October 26, 2017, meeting. Resolution Regarding the Disposition of Planning Commission Application No. 2017-011 Submitted by Gatlin Development Company for Approval of the Preliminary Plat for Shingle Creek Crossing 6th Addition (Located at 2545 County Road 10) Requested Council Action: —Motion to adopt resolution. C. Planning Commission Application No. 2017-010, Submitted by the Luther Company, LLLP. Request for Approval of (1) the Preliminary Plat for the Northtown Plaza 4th Addition, (2) an amendment to the 2008 Luther Planned Unit Development plans and documents, and (3) the establishment of a new Planned Unit Development for a proposed Luther Mazda and Mitsubishi dealership. The Planning Commission unanimously recommended approval of the three items included with this application at its October 26, 2017, meeting. Resolution Regarding the Recommended Disposition of Planning Commission Application No. 2017-010 Submitted by the Luther Company, LLLP, Requesting Approval of the Preliminary Plat for Northtown Plaza 4th Addition (Located at 4301, 4315, 4321, and 4435 68th Avenue North, and 6701 Brooklyn Boulevard) Requested Council Action: —Motion to adopt resolution. 2. Resolution Regarding the Recommended Disposition of Planning Commission Application No. 2017-010 Submitted by the Luther Company, LLLP, Requesting an Amendment to the 2008 Luther Planned Unit Development (Located at 4301 and 4315 68th Avenue North and 6701 Brooklyn Boulevard) and Incorporation of 4321 68th Avenue North into the PUD with a New Zoning Classification of PUD/C2 (Planned United Development-Commerce) Requested Council Action: —Motion to adopt resolution. 3. Resolution Regarding the Recommended Disposition of Planning Commission Application No. 2017-010 Submitted by the Luther Company, CITY COUNCIL AGENDA -4- November 13, 2017 LLLP, for Approval of a New Planned Unit Development with New Zoning Classification of PUD/C2 (Planned Unit Development/Commerce), and Site and Building Approval for a New Luther Mazda and Mitsubishi Dealership (Located at 4435 68th Avenue North) Requested Council Action: —Motion to adopt resolution. 10. Council Consideration Items a. Consideration of Type IV 6-Month Provisional Rental Licenses 1.4450 68th Ave N, Basswood Apartments 2.1510 69th Ave N 3.6243 France Ave N 4.6413 June Ave N 5.4216 Lakebreeze Ave 6.Resolution Approving a Type IV 6-Month Provisional Rental License for 3401-3413 47th Ave N, Ryan Lake Apartments 7.Resolution Approving a Type IV 6-Month Provisional Rental License for 1425 55th Ave N 8.Resolution Approving a Type IV 6-Month Provisional Rental License for 2113 5 5th Ave N 9.Resolution Approving a Type IV 6-Month Provisional Rental License for 3000 62nd Ave N 10.Resolution Approving a Type IV 6-Month Provisional Rental License for 5350 71st Cir 11.Resolution Approving a Type IV 6-Month Provisional Rental License for 5642 Logan AveN 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 November 13, 2017 AGENDA 1.Call to Order —The EDA requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet, including EDA (Economic Development Authority), is available to the public. The packet ring binder is located 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. October 23, 2017— Regular Session 4. Public Hearings a.Resolution Approving Purchase and Redevelopment Agreement and Conveyance of Certain Property Located at 5801 Ewing Avenue North —On October 23, 2017, the EDA called for a Public Hearing to be held November 13, 2017; notice was published in the official newspaper on November 2, 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 Agreement and Conveyance of Approximately 2.5 Acre Portion of Lot 1, Block 1, Northbrook Center 2nd Addition —On August 28, 2017, the EDA approved the execution of a Letter of Intent which authorized the preparation of a Purchase Agreement and the scheduling of a Public Hearing; notice was published in the official newspaper on November 2, 2017. Requested Commission Action: —Motion to open Public Hearing. —Take public input. —Motion to close Public Hearing. —Motion to adopt resolution. 5. Commission Consideration Items 6. Adjournment AGENDA CITY OF BROOKLYN CENTER CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION November 13, 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. ti N I!i I I) [JJ (I)I V N a 1.City Council Disruptions Policy 2.Discussion on the Drafting of a Fifth Amendment to Development Agreement (Shingle Creek Crossing Project) 3. Approving Support to Hennepin County HRA for Lynwood Pointe Apartments aI I] k[I m i u s)ea tIl lifli 4'LI) 1 Ui aIfI [I]I Later/Ongoing 1.Conducting City Council Business Electronically - November 2.Legislative Agenda - November 3.Everybody In Update - November 4.Community Dialogue Follow-up —November 5.Food Trucks Update - December 6.South Opportunity Site Development 7.T.H. 252 Freeway Conversion Study Update 8.City Council Code of Policies (October 9 Study Session Discussion) a.Section 2.61 Business Subsidy Policy - December b.Section 2.70 Street and Alley Lighting Policy C. Section 2.93 Long-Term Deer Population Management Plan 9.Naturally Occurring Affordable Housing Policy - January City C©wiii©il Agenda I[tm No. 6a MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION OCTOBER 9, 2017 CITY HALL - COUNCIL CHAMBERS :wim (uS) 4P] aii The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session called to order by Mayor/President Tim Willson at 7:16 p.m. Mayor/President Tim Willson and Councilmembers/Commissioners Marquita Butler, April Graves, Kris Lawrence-Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Acting City Engineer Mike Albers, City Attorney Troy Gilchrist, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. BROOKLYN BOULEVARD CORRIDOR PROJECT PHASE I (49th AVENUE TO BASS LAKE ROAD) - PROJECT UPDATE (continued from October 9, 2017, Study Session) Councilmember/Commissioner Ryan stated most easements in Brooklyn Center are between 10- 15 feet, depending on when the property was platted. In this case, it happens that to accommodate the bike path between 49th and 51st Avenues, the City would need to purchase additional easement. Acting City Engineer Mike Albers stated the easement is currently at the back of the existing curb so the City would need to purchase an additional 15 feet of easement. With regard to a prior question about the nine-foot bike section, Mr. Albers explained that two feet is curb and gutter, five feet is bike lane, and two feet is stripped buffer that is paved, totaling nine feet. Mr. Albers presented a project overview of the proposed streetscaping improvements within the corridor, displayed slides of existing materials, and explained where each was located. Mayor/President Willson commented on how the Brooklyn Park logo was used, which may be something to consider with Brooklyn Center's new logo. Mr. Albers presented Concept A for the 49' Avenue gateway colored sign monument and described the proposed elements and construction materials. He also presented Concept B that included an angled monument inset sign and relocation of the column away from the sidewalk/trail. Concept B also did not include the metal element atop the column. The current gateway sign was then displayed. Mr. Albers asked which concept the City Council/EDA preferred. 10/09/17 -1- DRAFT Mayor/President Willson pointed out that Concept A depicts a colored sign where Concept B has no color in the sign. Councilmember/Commissioner Graves supported Concept B with the column away from the sidewalk/path as it may be safer. Councilmember/Commissioner Ryan stated support for Concept B but with the colored sign. He mentioned the scale of lettering for 'Brooklyn' should be noticeable while the word 'Center' should be the focus. Councilmember/Commissioner Lawrence-Anderson supported Concept B, which does not contain a metal structure atop the pillar, but with the colored sign, noting it is consistent with the brand. She also supported keeping landscaping consistent with Bass Lake Road to include grasses and daylilies. Mayor/President Willson stated he supports Concept B if it has a colored sign and likes the metal structure if it can be lit but agreed it may not be as easy to maintain. He also preferred LED lighting over ground mounted incandescent lighting that require additional maintenance. Councilmember/Commissioner Lawrence-Anderson stated additional maintenance is her concern with the metal structure, and how it will look over time. Councilmember/Commissioner Butler supported Concept B with a colored sign and no metal structure atop the pillar due to maintenance issues. Mayor/President Willson stated the consensus of the City Council/EDA is with Concept B, a colored sign, and no metal structure atop the pillar. Mr. Albers stated staff will review landscaping and assure it is consistent, which will also make maintenance easier. Councilmember/Commissioner Lawrence-Anderson stated she was disappointed with the landscaping at 63 rd Avenue as it was totally different and included Yarrow that is more weed-like and invasive. City Manager Curt Boganey stated one thing to consider is that the plantings along Bass Lake Road and maybe 63'' Avenue were selected based on location with traffic and road salt conditions. He noted the 49th Avenue gateway area it is more of a parklike setting that creates an environment for other choices. Mr. Albers added that on 63rd Avenue, there were also height restrictions so that is another consideration when selecting landscaping. Mr. Albers presented the Highway 100 south bridge improvements and design elements of the proposed monument. 10/09/17 -2- DRAFT Mayor/President Willson asked whether LED lighting with precast would work very well. Mr. Albers stated if the City Council/EDA supports the colored and raised surface sign, the lighting element can be changed. Mr. Albers presented the Highway 100 north bridge improvements and design elements and monument. He displayed a slide depicting different types of lettering and lighting options. Councilmember/Commissioner Graves asked whether the actual letters would be lit, or the face of the sign would be lit. John McPherson, SEH consultant, explained the plans are only at a concept level and they will look at lighting options such as LED back-lit letters so it can be seen at night. Councilmember/Commissioner Graves stated she wants to assure the lighting lights up the entire sign so it is easy to read. Mr. McPherson noted an LED bulb has a life span that lasts for years, lowering maintenance. Councilmember/Commissioner Graves stated she prefers using a variety of materials, perhaps having 'Center' standout from the sign but the other parts and logo not being exactly the same. She stated she would like to see several options. Mayor/President Willson stated he would also like to see several options. Councilmember/Commissioner Lawrence-Anderson stated she prefers consistency. Councilmember/Commissioner Ryan asked about durability of a precast sign with color and if it would be minimal maintenance and durable over 25 years. Mr. McPherson stated the standard treatment is a specially precast panel of very dense concrete so it has a longer life span and an anti-graffiti coating to ease maintenance burden. Councilmember/Commissioner Ryan supported including an anti-graffiti coating and stated he leans towards a precast sign with color. Mr. Albers presented the overall project schedule and asked whether the City Council's/EDA's expectations were being met pertaining the vision of the corridor and asked for comments pertaining to the gateway monument and streetscaping. Councilmember/Commissioner Graves stated the City Council/EDA talked before about having signs on highway exists that list the businesses and restaurants at that exit. She stated that type of signage would help market the City's businesses, attracting customers, but currently there are no such signs at exits into Brooklyn Center. Mr. Albers stated staff will research the process to get that type of signage. Mr. Boganey explained that Mn/DOT has a process and set of standards they apply relating to the number of signs and traffic volume. In addition, it may be that the applications need to come from the businesses, not necessarily the City. Mr. Boganey stated staff will look into that process with a report back to the City Council/EDA. Councilmember/Commissioner Ryan noted with the bike lane on the lower portion of 49th and 51st Avenues, only 2 of 30 properties have expressed a strong objection to the current plan. He asked if there is a possibility that the accompanying street landscaping can create a visual barrier for those property owners. Councilmember/Commissioner Ryan stated if all property owners 10/09/17 -3- DRAFT objected, maybe the additional cost of fencing would be considered but with two objections, maybe additional landscaping would help address their concerns. Mr. Albers described the boulevard trees that were planned, noting the easement purchase price could fund additional improvements the property owner would like to install. Councilmember/Commissioner Lawrence-Anderson stated the light poles will have banners but asked if they could also have hanging plants, such as used in Osseo. She asked whether that is a consideration for Brooklyn Center. Mayor/President Willson noted the City also needs consider how the light poles can accommodate cell phone service for 5g, which will be coming. Mr. Boganey stated with hanging planters, the effect in Osseo is wonderful but they have a small downtown. Councilmember/Commissioner Lawrence-Anderson suggested considering that feature just along Brooklyn Boulevard. Mr. Boganey stated staff can look at location and number of plants so it can be determined whether it would have the same desired effect as experienced in Osseo. Mayor/President Willson stated this project has been in place for quite a few years, so it is good to see this is finally moving forward. Councilmember/Commissioner Butler stated she remembers a conversation with Penn Avenue Works people and asked if staff is working with them. She stated they wanted to give money to residents on Penn Avenue for beautification of their yards since a lot was being spent to beautify Penn Avenue and they wanted people's yards to reflect the same level of beautification. Mayor/President Willson stated he has not had any communication with this group, but their website mentions Brooklyn Center and the Brooklyn Boulevard corridor. Mr. Boganey stated staff has not had any active involvement with Penn Avenue Works but will reach out to them and determine whether they have any resources available for this project. )MIiU .1hIk IDhI I Councilmember/Commissioner Lawrence-Anderson moved and Councilmember/Commissioner Butler seconded adjournment of the City Council/Economic Development Authority Work Session at 8:07 p.m. Motion passed unanimously. 10/09/17 -4- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENEPIN AND THE STATE OF MINNESOTA JOINT WORK SESSION WITH FINANCIAL COMMISSION OCTOBER 16, 2017 CITY HALL - COUNCIL CHAMBERS (Ill] iJ13U.l 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 6:35 p.m. Mayor Tim Willson and Councilmembers Marquita Butler, April Graves, Kris Lawrence- Anderson, and Dan Ryan. Also present: City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Finance Director Nate Reinhardt, CARS Director Jim Glasoe, Golf Course Superintendent Steve Makowske, Earle Brown Heritage Center Manager Bruce Ballanger, Operations Manager of Liquor Stores Tom Agnes, Acting Public Works Director Mike Marsh, and Deputy City Clerk Rozlyn Tousignant. Others present were Financial Commissioners Anna Burke, Tia Hedenland, Rex Newman, and Dean Van Der Werf. Financial Commissioners Jeffrey Dobbs, and Teneshia Kragness were absent. II. APPROVAL OF AGENDA Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to approve the agenda. Motion passed unanimously. 11:1 UI 1J1 I1DIIIJI IJ Mr. Boganey introduced the subject; Mayor Willson commented that the Financial Work Session materials have been excellent this year. a?A UUDI MtIWAI H 31 U VUi DDJ 31h1 UtI .1 Commissioner Newman inquired about the Wi-Fi capabilities at the Earle Brown Heritage Center. Mr. Ballanger stated that the free Wi-Fi and free parking is a huge selling point for potential clientele. I 31 H H (SiI1 NI'[I] I Mr. Makowske shared some of the customer service initiatives that the Golf Course has implemented, including offering "hearing-checks," modeled after rain-checks, due to the noise from the Water Tower #3 project that took place throughout the summer. 10/16/17 -1- DRAFT A discussion was held regarding Topgolf and the effects that may have on business. Mr. Makowske shared that the more people that come to Brooklyn Center with an interest in golf, the higher the potential is that more customers will take advantage of Centerbrook. Commissioner Newman shared that the numbers of rounds played is headed in the right direction. Mr. Makowske stated that the number of 'playable days' was a beneficial factor relating to the number of rounds played. !:INJoiIiSMi A discussion was held regarding retaining employees and the quality of workers among younger generations. Mr. Agnes shared that the Liquor Stores are now looking at raising the pay for employees in order to combat those issues. Mr. Boganey inquired if the 'Darkness Days' sales were only for Store 41 or both Store #1 & Store #2. Mr. Agnes responded that the sales are only for Store #1. IV. UTILITY FUNDS a.WATER UTILITY b.SANITARY SEWER UTILITY Councilmember Graves asked if other cities move their wastewater as well. Mr. Boganey confirmed that other cities do transport their waste water and that the MET Council does treatments for waste water. Councilmember Lawrence-Anderson inquired about the residents' concerns regarding the quality of their water. Mr. Marsh responded that calls regarding concern have tapered off. 5984 "A161 Councilmember Ryan shared an encounter with a resident regarding their concern over the quality of their water and a timeline for the water quality to increase. Councilmember Ryan shared that many residents don't realize their pipes and the manganese deposited in them play a role in the quality of water. Commissioner Newman thanked the staff for their work on the presentations and information provided over the course of the 2017 Financial Work Session Meetings. d.STREETLIGHT UTILITY e.RECYCLING UTILITY V. FUTURE BUDGET DISCUSSIONS/CITY COUNCIL MEETINGS 10/16/17 -2- DRAFT Work Sessions Oetober 30, 2017 City Council Meetings 1)Utility Rates Adopted November 27, 2017 2)Public Hearing & Budget Adoption December 4, 2017 Councilmember Lawrence-Anderson moved and Councilmember Ryan seconded to adjourn the Work Session at 8:36 p.m. Motion passed unanimously. 10/16/17 -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 STUDY/WORK SESSION OCTOBER 23, 2017 CITY HALL - COUNCIL CHAMBERS 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, April Graves, Kris Lawrence- Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Communications Coordinator Angel Smith, Acting City Engineer Mike Albers, Director of Business and Development Gary Eitel, Deputy Director of Building and Community Standards Jesse Anderson, City Clerk Sharon Knutson, City Attorney Troy Gilchrist, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. tI'kIlIlIJhliSlI fl 1111.1 iI]tI]I'IMI 71 UI 31K1I IIS1IiI I[IXF1 September 25, 2017 Study/Work Session Minutes City Manager Curt Boganey stated the September 25, 2017, Study/Work Session minutes had been tabled at the last meeting and staff was asked to review the audio to confirm what was written in the minutes. He explained that unfortunately, there is no audio from that meeting to confirm what was stated. Mayor Willson stated he thought about the City Manager's comments made during that discussion and how staff does its best job to do a summary in the minutes, not an exact quote. Mayor Willson stated he has found, through the years, that the recording secretary has done a good job and the summary is okay. Mr. Boganey stated staff does its best to be as accurate as possible but sometimes we miss it. Councilmember Ryan stated he doesn't make frequent changes to the minutes unless there is need for clarification and that said, wants his statements to be clearer but if a member is not comfortable with the changes, he is fine without it. He stated should staff need clarification, he is capable of restating his position to make it clear. Councilmember Ryan agreed that staff does a good job with recording discussions but this was a difficult, lengthy, and complex discussion and his requested change only intended to give greater clarity. Ik I k[IJ I UI (I1U Mayor Willson referenced a recent article on sex trafficking and stated he was glad to see the 10/23/17 -1- DRAFT article and hear from the Police Chief that they are taking action to deal with it. Ii) UJIJ II]D]I!iYLIM1i (S]W1 *I)7 U 1.13 tWA I DI1'AIMI uJSIS1 [.)EI)Ii B I] W I 1I I] m kiEliHal PIDI 11 a(et,J WI I LSXI City Manager Curt Boganey introduced the item and past City Council discussion at its September 11, 2017, Study Session regarding this item. After that discussion, the City Attorney looked further into the issue and has provided a memorandum addressing specific types of regulations to more specifically inform the City Council of available options. He asked for City Council direction whether there was a request for additional information/perspectives, support to move forward with the development of a new panhandling regulation, support to follow the six- step process to develop new panhandling regulations, or support to proceed with developing regulations following an alternative process. City Attorney Troy Gilchrist referenced his October 13, 2017, memorandum to the City Council. He explained there has been a lot of discussion on this topic because some ordinances adopted by cities have been found unconstitutional. Because of that, attorneys are struggling to determine the best way to address panhandling. Mr. Gilchrist stated he and his associates had a lengthy conversation about why these attempts failed and what is the best route if a city council does wish to regulate, and how to draft a set of regulations likely to be upheld if challenged. Otherwise, it does little good to put anything on the books if it will be challenged and fail because there are significant financial consequences if found to violate constitutional rights including attorney fees. Mr. Gilchrist stated some residents may think it is not that hard to remove panhandlers but particularly when dealing with constitutional issues, it is much more difficult as the courts have looked at it with great scrutiny. Mr. Gilchrist stated he prepared a process to move forward, though it is somewhat cumbersome, as a significant criticism by the courts is that the city has not demonstrated the ordinance adopted will fix the problem or even identified the exact problem and instead is adopting something that another entity adopted, and applying it city-wide when it in fact may be an isolated and identifiable area. In addition, not all circuit courts agree with the findings made by other circuit courts. Mr. Gilchrist recommended being more deliberative to identify the conduct (approaching aggressively, sitting/standing on medians at busy intersections), what laws already address those issues, what issues are not addressed, data to support that, and how to develop regulation that addresses those issues and would be upheld. Mr. Gilchrist stated if the City Council wants to look at such regulation, this is the most defensible way to do it. Mayor Willson stated what has swayed him at the moment is the Supreme Court ruling on the individual who stood at the back of a council chambers with a sign and the court ruled it is a freedom of speech right and impinged on that person's Constitutional right. He asked how disruptive that person can be in the chambers. Mayor Willson stated he read a number of legal opinions and along with other mayors from across the United States, has concluded the courts are going to 'hammer' the City if it puts an ordinance in place unless it is so narrowly crafted as to not do any good for the panhandling concern. Mayor Willson stated after research, he thinks the City has done what it can. 10/23/17 -2- DRAFT Councilmember Graves stated the thing most concerning to her was the safety issue and that would be the one most easy to identify and track but the question is whether the City can get the evidence. She stated she also thought about protesters and those walking down the freeway which presents a safety issue as well. Councilmember Graves stated with regard to community image, that would be more difficult to track, noting aggressive panhandling is occurring more in the area of retail shopping centers. Mayor Willson stated it has also occurred at gas stations and those owners did not like it so they worked with the Police Department to issue tickets. Councilmember Butler stated her primary concern also was safety if sitting on a median or walking two lanes over and holding up traffic while getting something from a driver. She noted someone could not be paying attention and easily hit them as they walk back. In addition, their belongings are piled up on the median and sometimes they leave behind trash (i.e., by CVS). Councilmember Butler raised the option of whether police officers at the Transit Center can be considered to monitor that area and do more enforcement. She agreed there was not much more the City can do. Mayor Willson agreed, noting that even with the safety or littering issues, the police officer would have to witness that occurring. Councilmember Ryan stated he has the same thoughts and with public safety and littering, in order to take an enforcement action appropriate under State action or ordinances, it would require a police officer to actually observe that behavior. That being so, should the Council and wisdom of the City Attorney come up with something that would stand up to strict scrutiny standards, the City would be expected to enforce it so the question is the level of resources required to enforce it. Councilmember Ryan referenced a Chapter 12 provision restricting the number of people living in a single-family dwelling, which a prior City Attorney had indicated is basically unenforceable, and stated the question is how the public interest would be served by expending City resources to come up with a regulation and then be saddled with something far too difficult to enforce. Councilmember Ryan stated the general public doesn't always understand why it is not easily remedied to remove the panhandler. Mayor Willson stated if out in the street or holding up traffic, it still needs to be witnessed by a police officer. Mr. Boganey asked whether an employee appropriately trained, delegated, and deputized with the authority to enforce violations can be used to cite a violation. Mr. Gilchrist stated he is not a prosecutor or as familiar with that process but has been told it is potentially possible to have a non-sworn officer observe and do a 'citizen's arrest' to file the complaint. In that case, the officer would issue a citation based on that complaint as long as that person followed through with the process. Mr. Boganey asked whether a Code Enforcement Officer could issue a criminal citation. Deputy Director of Building and Community Standards Jesse Anderson stated City's Code Enforcement Officers have the ability to issue a criminal citation or administrative citation in Hennepin County. Mr. Gilchrist asked whether that is done under Hennepin County ordinance or State 10/23/17 -3- DRAFT statute. Mr. Anderson answered under City ordinances for public nuisances (i.e., parking on grass), formal complaints, or criminal citations (i.e., misdemeanor requiring a court appearance). Mr. Boganey stated this allows another option without having to tie up a police officer so it seems that may be something the City can do with enforcement ability with respect to specific violations that require observation (i.e., someone in a traffic lane/holding up traffic/littering). Mayor Willson stated before authorizing staff to issue tickets, he would like the City Attorney to research that process. Mr. Gilchrist stated he would check with the prosecutor since that's the office where it would end up and he will also work with Mr. Boganey and the Police Chief. Councilmember Ryan asked whether video tape from monitoring cameras is admissible as evidence. Mr. Gilchrist answered in the affirmative. Councilmember Ryan stated that may be one means to use. He reported on his google research findings relating to investigation of panhandlers that were found to be doing it as a business, which should be brought to the attention of local news organizations as it may reveal more interesting information on who is actually doing the panhandling at our intersections. Councilmember Graves noted with the City's no smoking policy in the parks, you can get compliance by just telling people they need to leave so she wonders about the impact of citations. She thinks it may be a real deterrent if the word gets out that tickets are being issued, noting, however, it is unlikely the people will show up in court. But, perhaps, they would pick a different spot to panhandle. Councilmember Graves stated she knows that some panhandlers are not homeless or broke, but some may be looking for money because they are homeless and then giving them a ticket doesn't seem right to her. She stated if staff time is being invested, rather than issue citations, she would prefer to first give a verbal warning. Councilmember Lawrence-Anderson asked whether signage is still being pursued to educate the public. Mr. Boganey stated staff received a response from Hennepin County,-who indicated that type of signage cannot be placed on County Roads without an enforceable ordinance. Staff will continue conversations with the State about acceptable locations. Mr. Boganey stated the City has the authority to post signs on local streets and staff would like to develop one sign for all locations. Staff is also working with CEAP to present opportunities for those legitimately in need and looking for work and that may go forward in the spring. Mr. Boganey stated if approved by the City Council, they would issue warning tickets or non-warning citations for specific law violations, not tickets issued for panhandling. Mayor Willson stated he thinks it will go to impinging on rights and a he said/she said situation. He recalled the State put up cameras to cite individuals driving through red lights, tickets were issued tickets based on that, but it was thrown out. Councilmember Ryan stated that is a good point and should be something the City Attorney can further research as it may be a different situation with a motor vehicle. He stated another issue, in terms of standards to apply to the actions of persons on street corners or in protected medians acting in a certain way, is that it contributes to distracted driving or impedes traffic. Mr. Gilchrist stated one problem is that a lot of businesses have sign flippers, which he finds distracting, as their purpose is to draw attention. 10/23/17 -4- DRAFT Mr. Gilchrist stated he will prepare a memorandum on the Little Falls case for the City Council's review. It was the majority consensus of the City Council to direct staff and the City Attorney to research options including the ability of the City's Code Enforcement Officers to cite a person in travel lanes impeding traffic and/or littering violations. 11111F IIIU[SWItiD[N'I 1mE EEflklk'AU U(sJ MNiflUU Mr. Boganey introduced the item, noting the City has periodically worked with independent filming companies to shoot videos or capture picture images in the City for commercialization purposes. He explained the City needs to have a policy that is more defined so staff has conducted some research and prepared ideas and suggestions on what can be done going forward. Communications Coordinator Angel Smith reviewed research conducted on film and photography as the City does not currently have a policy in place. She stated following discussion tonight, staff would like a clear understanding of next steps in how staff should proceed in terms of policy language. Dr. Smith stated over the past four months, there have been four or five inquiries by private companies desiring to film video in Brooklyn Center that involved closing and use of parks and streets, closing and use of public space for staging upward of vehicles overnight, enactment of police crime scenes for video and/or movies, enlistment of security during filming, and enlistment of traffic and track light control during filming. Dr. Smith stated to help them have a successful project, it requires the City to provide services, labor, equipment, facilities, expertise, and public space. She stated staff has met, reviewed, and discussed policies, ordinances, and practices of other cities with filming permit processes. Dr. Smith reviewed the sample ordinances staff had examined and elements required that staff feels the City should consider if the City Council decided to move forward. Additional issues involve the application submittal and timing of that consideration, insurance requirements, permit duration, definitions, content, fees, and duties of the permit holder. In addition, one allowed for the community to work closely with schools and students who want to film or create a video, and have the option to waive the fee. Dr. Smith stated the purpose of the ordinance is to provide staff guidance so they can move forward consistently when a request is received, follow a permit process, and coordinate filming activities when requested. Discussion of this item continued and reached conclusion at the October 23, 2017, Work Session. ADJOURNMENT Councilmember Ryan moved and Councilmember Graves seconded to close the Study Session at 6:45 p.m. Motion passed unanimously. 10/23/17 -5 DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION OCTOBER 23, 2017 CITY HALL - COUNCIL CHAMBERS iI I] t1AMK,] 1 1] UIk&%UV tsJ t'iEI1U(*IP CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim Willson at 6:45 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Marquita Butler, April Graves, Kris Lawrence- Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Communications Coordinator Angel Smith, Acting City Engineer Mike Albers, Director of Business and Development Gary Eitel, Deputy Director of Building and Community Standards Jesse Anderson, City Clerk Sharon Knutson, 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. Roger Kloster, 7223 Lee Avenue N., stated he called City staff after noticing a $26 increase to his water bill the past three months and was told the City Council directs the rates to be raised every January 1. He asked why that is needed and why there is not a senior rate for water since there is a senior rate for sewer. He stated support to raise the minimum age for buying tobacco products to 21 years of age, as approved by other suburbs. Diane Sannes, 7006 Willow Lane, referred to an article indicating Minnesota is the largest producer of turkeys in the nation, noting many have been in her yard. She asked about management of these turkeys, which can be aggressive. Mayor Willson stated management of wildlife will be discussed at an upcoming Work Session. Ms. Sannes noted both the Anoka and Brooklyn Center School Districts have referendums and encouraged citizens to vote. Jennifer Sauter, 6818 Drew Avenue North, stated she has been a resident since 2010 and asked the City Council to address panhandling between traffic lanes. She stated she has experienced several times when traffic is being stopped and several times her friend has been approached and yelled at by panhandlers. Ms. Sauter asked the City Council to address this situation as it continues to get bigger and closer to her home. 10/23/17 -1- DRAFT Mayor Willson stated this topic had been discussed at tonight's Study/Work Session and staff and the City Attorney were asked to conduct additional research but it comes down to the court ruling that regulating panhandling infringes on first amendment rights. Ms. Sauter thanked the City Council for continuing to discuss this concern to determine what can be done. Mr. Boganey stated he would be happy to call Ms. Sauter to address some of the questions she has raised this evening. Mayor Willson offered to meet Ms. Sauter as well to discuss her concerns. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to close the Informal Open Forum at 6:57 p.m. Motion passed unanimously. 011115 19&LIil ,UU As the Invocation and in view of the important decisions made by the City Council, Councilmember Butler read a quote by Martin Luther King. Wi1 (IiS)i I]i 1D(e1uI W_'I i U1 IIDI'fL4I aoii[ei The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:00 p.m. Mayor Tim Willson and Councilmembers Marquita Butler, April Graves, Kris Lawrence- Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Communications Coordinator Angel Smith, Acting City Engineer Mike Albers, Director of Business and Development Gary Eitel, Deputy Director of Building and Community Standards Jesse Anderson, City Clerk Sharon Knutson, City Attorney Troy Gilchrist, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. 5.PLEDGE OF ALLEGIANCE Boy Scout Troop 299 presented the colors and led the Pledge of Allegiance, Boy Scout Pledge, and Boy Scout Oath. Mayor Willson extended the City Council's thanks to Troop 299 and commented on the importance of the Boy Scout organization. 6.APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Graves moved and Councilmember Ryann seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1.September 25, 2017— Study/Work Session 2.October 2, 2017 - Joint Budget Work Session with Financial Commission 3. October 9, 2017 - Study/Work Session 10/23/17 -2- DRAFT 2. October 9, 2017 - Regular Session 6b. LICENSES GASOLINE SERVICE STATION Brookdale Holiday Metropolitan Council MECHANICAL Boys Mechanical, Inc. Comfort Solutions Heating & Cooling Comfortech Heating & Air Friendly Home Services dba RolAir O.C. Installs, LLC Walter Mechanical, Inc. RENTAL INITIAL (TYPE III— one-year license) 6701 Scott Avenue N. INITIAL (TYPE II— two-year license) 1304 68th Lane N. 5630 Bryant Avenue N. RENEWAL (TYPE III - one-year license) Melrose Gate Apartments 6305 Camden Avenue N. 41016 1 st Avenue N. 7037 Humboldt Avenue N. 6925 Regent Avenue N. 6400 Xerxes Avenue N. RENEWAL (TYPE II— two-year license) 390652 n Avenue N. 371353 d Place N. 133967 th Lane N. 70th Circle 542872 Circle 6601 Camden Drive 5214 Ewing Avenue N. 5740 Irving Avenue N. 7041 Willow Lane N. RENEWAL (TYPE 1— three-year license) 330067 th Avenue N. 5710 Xerxes Avenue N. 6845 Shingle Creek Parkway 490 Villaume Ave. #300, South St. Paul I 't Street NW, Osseo 6018 Nicollet Avenue, Minneapolis 11792272 nd Avenue NW, Zimmerman 1061 Highway 23, Suite 101, Foley 517 W. Travelers Trail, Burnsville Olaleye Oluwabukunmi Olagbaju Crystal Dop John Bunch Soderberg Apartment Specialists Long Xiong Sam Yen Liew/Local Agent (Missing 1 ARM) Travis James Senenfelder David Wilson Randy Hammond Nazir Moghul Konrad Wagner do Phil Beaumia Gary Bistodeau Joseph Ditto Leroy Massaqoui My Truong and My Lam Sean Rahn Sandra Hansen Sergey Kunin 10/23/17 -3- DRAFT 5121 France Avenue N. 7048 France Avenue N. 3812 Janet Lane 4201 Lakeside Avenue #209 6430 Lee Avenue N. 2800 Nash Road 7156 Unity Avenue N. 6937 Unity Avenue N. TOBACCO RELATED PRODUCT Brookdale Holiday Brooklyn Center Municipal #1 Brooklyn Center Municipal #2 Invitation Homes Tai Hon, LLC Mains'! Properties Robert Morgan Infinite Property LLC Douglas Mange! Michelle Shaffer Wells Bovard 5710 Xerxes Avenue N. 5625 Xerxes Avenue N. 6930 Brooklyn Boulevard sit. SET HEARINGIS)W(IJI:U PROPOSEDI1 UTILITY RAV *U [I] NOVEMBER 27,2017 6d. REA SOLUTION NO. 2017-163 ADOPTING AMENDMENTS TO THE FINANCIAL POLICIES SECTION OF THE BROOKLYN CENTER CITY COUNCIL CODE OF POLICIES F11I1IJ Motion passed unanimously. iaiai V:[I)hY1H(SIi1 PNA PI I (I] 1i(SLIII'kI I I [I]1f.1 IIS)i(I)f - 4qy OCTOBER *LIJ (ii haulDESIGNATEDCIi'd I ai IYAS Mayor Willson read in full a Proclamation declaring October 23, 2017 as Random Acts of Kindness Day. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adopt PROCLAMATION Declaring October 23, 2017, to be Designated as Random Acts of Kindness Day. Motion passed unanimously. 7b.RANDOM ACTS OF KINDNESS PRESENTATIONI 11RECOGNITION AN:C CERTIFICATION CEREMONY Mayor Willson presented all nominees who were being recognized for their Random Acts of Kindness with their certificates. 10/23/17 -4- DRAFT Mayor Willson and Councilmembers thanked citizens for their random acts of kindness being contributed to the community and other citizens. Councilmember Ryan noted the Brooklyn Center Lions Club had provided $500 to the quilters group for purchase of supplies and repairs of their sewing machines. EL MJJH:R(NIl WR IN I[CI1 - None. IL - None. 1L'AI1 lOa. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSES Mayor Willson explained the streamlined process that will now be used to consider Type IV 6- Month Provisional Rental Licenses. Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on any of the rental licenses as listed on tonight's meeting agenda. Seeing no one coming forward, Mayor Willson called for a motion on Agenda Items 1 Oal through 1 0a6. Councilmember Lawrence-Anderson moved and Councilmember Ryan seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for the following: 5331 Camden Avenue North; 7211 Camden Avenue North; 5600 Colfax Avenue North; 5530 James Avenue North; and, adopt RESOLUTION NO. 2017-165 Approving a Type IV Rental License for 6131 Bryant Avenue North; and, RESOLUTION NO. 2017-166 Approving a Type IV Rental License For 6900 Regent Avenue North, with the requirement that the mitigation plans and all applicable ordinances must be strictly adhered to before renewal licenses would be considered. Motion passed unanimously. 10/23/17 -5- DRAFT FUNNUOL1111 ki m I flU M UI] Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: a October 11, 2017: Ribbon Cutting and Dedication of The Sanctuary o October 14, 2017: West Fire Station Annual Open House o October 16, 2017: Joint Budget Work Session with Financial Commission o October 19, 2017: Lions Club Board Meeting o October 21, 2017: Brooklyn Center Police Department's Coffee with a Cop Event o October 24, 2017: Firehouse Neighborhood Street Project Meeting October 24, 2017: MAC Meeting at the Police Station Mayor Willson asked staff to post the upcoming neighborhood street project meeting. Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: o October 11, 2017: Ribbon Cutting and Dedication of The Sanctuary October 14, 2017: West Fire Station Annual Open House October 16, 2017: Joint Budget Work Session with Financial Commission October 24, 12017: MAC Meeting at the Police Station Councilmember Graves reported on her attendance at the following events: • October 10, 2017: West Broadway Public Market Community Engagement Session • October 11, 2017: Northside Neighborhood Council Meeting • October 13, 2017: Alliance for Youth Meeting • October 16, 2017: Youth Council Meeting • October 16, 2017: Joint Budget Work Session with Financial Commission • October 17, 2017: Park and Recreation Commission Meeting Mayor Willson expressed an interest in attending the Youth Council Meeting on the third Monday to introduce himself. Councilmember Butler reported on her attendance at the following events: a October 11, 2017: Ribbon Cutting and Dedication of The Sanctuary o October 14, 2017: West Fire Station Annual Open House o October 16,2017: Joint Budget Work Session with the Financial Commission Mayor Willson reported on his attendance at the following events: • October 11, 2017, Ribbon Cutting and Dedication of The Sanctuary • October 13, 2017: Met with Mr. Boganey • October 16, 2017: Joint Budget Work Session with Financial Commission • October 17, 2017: Rotary Lunch • October 19, 2017: Interview for Mayor's Minute with CCX • October 21, 2017: Film Society of Minneapolis Festival 10/23/17 -6- DRAFT IP. _____ 1Jul11 1IU K11 Councilmember Graves moved and Councilmember Ryan seconded adjournment of the City Council meeting at 7:41 p.m. Motion passed unanimously. 10/23/17 -7- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION OCTOBER 23, 2017 CITY HALL - COUNCIL CHAMBERS The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session called to order by Mayor/President Tim Willson at 7:52 p.m. LttiIniL! Mayor/President Tim Willson and Councilmembers/Commissioners Marquita Butler, April Graves, Kris Lawrence-Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Communications Coordinator Angel Smith, Director of Business and Development Gary Eitel, City Attorney Troy Gilchrist, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. POLICY REGARDING COMMERCIAL FILMING WITHIN THE CITY LIMITS - (continued) Communications Coordinator Angel Smith concluded her presentation by stating staff wants a policy or application process in place relating to this topic because the City will be asked again. She asked for the City Council/EDA's direction in how staff should move pertaining to this issue. Councilmember/Commissioner Ryan stated it is a sound suggestion to have a fee for services and fee structure as there may be hidden costs involved with these filming activities to assure the City recovers its costs. Councilmember/Commissioner Graves suggested staff draft some language and stated support for a scholarship program for local film makers so a fee does not get in the way, and to assure the film/photograph influence the City in a positive manner. She also suggested the purpose of said film be part of the vetting process to assure it does not do the opposite. Mayor/President Willson asked whether staff can arbitrarily decide whether or not a film/photograph is in the City's best interest. City Attorney Troy Gilchrist advised that once the City opens a forum, it needs to treat all equally even if the City doesn't agree with the theme of the film/photograph so that is a consideration. However, when issuing a permit impacts public safety or traffic interference, it may be appropriate to say no. Councilmember/Commissioner Graves stated she would also not want the City charged with censorship but recalled a video filmed at a high school that included gang signs and not the 10/23/17 -1- DRAFT message the high school wanted so she would want to know the purpose of the project requesting a permit, to be intentional. Mayor/President Willson stated he has been part of videos made in the City and with those videos, the City had the ability to prescreen them. He asked whether that's an option. Mr. Gilchrist stated that would be difficult but his impression is the City would have the right to ask the applicant to describe in some detail what they are proposing to do so the scope of staff resources, impacts, and traffic is known. Councilmember/Commissioner Butler stated she would support moving forward with an ordinance and asked if the permits would be voted on by the City Council or administratively approved. City Manager Curt Boganey stated it would be at staff's discretion within the parameters established by the City Council. Mayor/President Willson requested a presentation of the policy, once drafted, before the City Council/EDA. Mr. Boganey addressed the comment made about establishing a fee for services and asked Dr. Smith to elaborate on the basis to suggest a fee for services as opposed to a permit fee. Dr. Smith stated staff looked at what eight communities had in place and found some had an application permit fee and others did not. Staff doesn't want to restrict people from doing this but to have something in place to address policy issues. Dr. Smith explained that having a fee for service instead of a permit fee structure was discussed and staff believed it was not necessary to have an application fee because at this point, the majority of individuals may need assistance from the Police Department. Instead, the City should establish the amount of time, number of employees, use of time, and provide that information so the permittee is charged accordingly. Mr. Boganey stated staff will establish hourly rates for personnel and use of certain types of equipment so a quote can be given to the permittee. He asked whether there will be a limit established on the amount that can be requested, in case it is beyond the City's ability to provide. He also asked whether there will be a provision to deny based on that type of circumstance. Dr. Smith stated staff will draft that type of provision to address whether the City has adequate resources to meet the request. Mayor/President Willson stated part of the application process is to capture data points on who they are, the company they represent, type of insurance, how the City would be held harmless, and all of those types of issues. Councilmember/Commissioner Ryan stated with still photography, it may be very nonintrusive but with other activities, such as a major film, it may be more disruptive. Dr. Smith noted the drafted application asks for name, production manager's name, duration, type of film, type and level of staff assistance requested, closing streets, and those types of details so a lot of information is gained at the start. Mayor/President Willson noted that will also allow the ability to negotiate. 10/23/17 -2 DRAFT The majority consensus of the City Council/EDA was to direct staff to prepare a draft as discussed for presentation to the City Council/EDA at a future Work Session. DISCUSSION ON AMENDING THE MINIMUM DEVELOPMENT PARAMETERS OF THE SHINGLE CREEK CROSSING PURCHASE AGREEMENT FOR THE EDA PARCEL (FORMER BOULEVARD BAR & GRILL/GROUND ROUND RESTAURANT SITE) TO INCLUDE A 4,000 SQUARE FOOT BANK Director of Business and Development Gary Eitel introduced the item and the City Council' s/EDA' s past consideration of the Shingle Creek Crossing Planned Unit Development (PUD) plans and final plat of Shingle Creek Crossing. He explained the original Midas Muffler Shop site was not part of the original Shingle Creek Crossing project so the EDA offered an incentive to include another site with the condition that it include a restaurant site. Mr. Eitel reviewed the surrounding uses and stated the HOM Furniture use will be considered in the next few weeks but they are not interested in developing the EDA parcel. Now, Told Development has a letter of intent to develop the site for a bank. Mr. Eitel asked whether the City Council/EDA believed the future development of a bank at the eastern entrance to the Shingle Creek Crossing PUD is in keeping with the vision for the redevelopment of this parcel and if it supports the addition of at least a 4,000-square foot bank to the minimum development parameters provisions of the purchase agreement for the conveyance of the EDA parcel. He stated if approved, the City will likely receive a development application before the end of the year. Mayor/President Willson stated the City Council/EDA had a list of uses they did not want to see on this site and if the local economy doesn't support a restaurant business, even with incentives, then he thinks the bank is an acceptable use on that corner. Councilmember/Commissioner Ryan agreed and stated he would favor going forward with a bank as long as it does not hinder a future restaurant use. He asked about having a medical use adjacent to the HOM Furniture development. Mr. Eitel stated the plan shows they will maintain flexibility and continue to work for a 32,000 square foot medical building on that site so that is still the intention. He explained the developer is asking for flexibility on the uses as they have more parking than needed for HOM Furniture. Councilmember/Commissioner Butler stated she would love to have a restaurant but having a national bank will bring in customers to those businesses so she supports moving forward. The majority consensus of the City Council/EDA was to direct staff to amend the minimum development parameters of the Shingle Creek Crossing purchase agreement for the EDA parcel (former Boulevard Bar & Grill/Ground Round restaurant site) to include a 4,000-square foot bank. Mayor/President Willson noted many Sears stores are closing and asked about the Brooklyn Center location. Mr. Eitel stated he has heard nothing about the Brooklyn Center site and staff continues to reach out to them. 10/23/17 -3- DRAFT I t4*'i I U U eiii 3D) II I III 3(Wi XSJ I I I 3I1 SJ U Eli I 3I Mr. Boganey introduced the item and explained staff had reviewed the draft policies as presented by the League of Minnesota Cities and request of the City Council/EDA to review the Workforce Housing Policy as it relates to the revised language that states: 'The Legislature should scale the workforce housing grant program to account for the additional cost associated with the prevailing wage requirements or eliminate prevailing wage requirements within the workforce housing grant programs.' Mr. Boganey reported there were conversations indicating at least a few members have some concerns about this specific language and comments were made as to why it would be inappropriate. He stated he expects this policy will receive a lot of discussion at their next meeting. Mr. Boganey stated the Board has asked anyone or city with interest in this or other policy to submit those comments before the October 27, 2017, deadline. He stated those comments will be given full weight should the City Council/EDA want to go on the record. Councilmember/Commissioner Ryan stated he had brought this issue forward at the October 9, 2017, Work Session because he felt this was of ultimate importance to Brooklyn Center. He noted the League of Minnesota Cities Policy Committee worked on this area in some detail but the bone of contention is the last three lines of the two pages of LE-31 Workforce Housing as read by Mr. Boganey as it results in recommending to the Legislature to overturn existing Minnesota State law that supports community's prevailing wage, which should be recognized in labor contracts for projects that are State funded. Councilmember/Commissioner Ryan explained that communities seeking these projects built with assistance of State money are concerned with the level of subsidy needed for projects to go forward. It was suggested through this Policy Committee that this burden can be more easily overcome if wages for workers hired to build those projects could be lower. Councilmember/Commissioner Ryan stated he believes this is an example of an attack on labor by political interests at the Legislature who feel more projects could be built if prevailing wage was not observed. He stated some may ask why this is of importance to Brooklyn Center, noting many labor people live in Brooklyn Center and this is only one of a whole range of policies promulgated to go after labor, the same as in Wisconsin. Councilmember/Commissioner Ryan stated one of the City Council' s/EDA' s strategic goals deals with resident economic stability and that's supported by them being members of unions. He advocated for the City Council/EDA to take a position on improving the local economy by recommending an amendment to the Policy to delete language on Page 115, Lines 27, 28, and 29. Councilmember/Commissioner Graves asked what is meant by 'account for the additional costs associated with the prevailing wage' (Page 115, Lines 27 and 28). Mr. Boganey stated it could be the result of an attack on labor but the chairperson had explained that language was included because one of the speakers who addressed the committee represented a city that made application for grant funding for workforce housing. That city had submitted the grant, it was approved, and when the developer did their costs, they illustrated the prevailing wage requirements increased the project by 6-7%. It was that applicant's belief if the State was offering a grant, they needed to add to the grant an additional amount because otherwise, much of the benefit of the grant was lost. 10/23/17 -4- DRAFT Councilmember/Commissioner Graves stated that is also how she read that language. She suggested not eliminating the entire sentence but instead to support their suggestion to the Legislature that they account for the additional cost. Instead she suggested deleting the words: 'or eliminate prevailing wage requirements' (Page 115, Lines 28 and 29). Mayor/President Willson noted that Page 114, Lines 14, 15, and 16 also tie into prevailing wage. He suggested those lines be removed as well as Page 115, Lines 27, 28, and 29. He supported the State paying prevailing wage or else people can't sustain a family or even afford to move into workforce housing. He stated he would lobby hard to pay workers a prevailing wage. Councilmember/Commissioner Ryan stated Page 114, Lines 14, 15, and 16, seems to still beg the question that if the grant isn't sufficient enough to meet prevailing wage, then the State is not living up to its own statutes and standards in terms of acceptable pay for workers hired to construct State funded projects. He noted if the language is eliminated from Page 115, Lines 27, 28, and 29, it leaves open and in place the established policy and the simplest way to address the concerns of labor. Mayor/President Willson suggested striking Page 115, Lines 27, 28, and 29 and to protest the language of Page 114, Lines 14, 15, and 16. Mayor/President Willson stated he would be happy to speak before the Board to represent the City Council's/EDA's position. Councilmember/Commissioner Ryan stated he would be surprised at the general meeting if a policy language as specific as this was overturned by a vote of the body but that could happen. Mayor/President Willson stated the City Council/EDA has indicated support to give direction to Mr. Boganey to draft a letter, under the Mayor's signature, to express the City Council's/FDA's position. Mayor/President Willson stated he is pleased that Mr. Boganey serves on this Board as it provides the City Council/EDA with inside knowledge. Mr. Boganey clarified he was not appointed to the Board to represent the City of Brooklyn Center, but to represent member cities throughout the entire area and will base his vote on all of the information brought before the Board by weighing the pros and cons of each, which is his obligation to the League as he sits on the Board. Mr. Boganey stated when all of the comments are received, they will be part of his decision-making process and his sense is that some legitimate issues were raised so he thinks there will be a full vetting. Mayor/President Willson stated the City Council/EDA has every confidence Mr. Boganey will make the best decision, given the information provided, for the League of Minnesota Cities and he will do very well there. The majority consensus of the City Council/EDA was to ask Mr. Boganey to draft a letter for the Mayor/President's signature that cites the language on Page 114, Lines 14, 15, and 16, and Page 115, Lines 27, 28, and 29, indicating the City of Brooklyn Center does not support those statements in the LMC' s policy and firmly believes that prevailing wage should be paid to our citizens. 10/23/17 -5- DRAFT Mr. Boganey stated he will draft a letter for the Mayor/President's signature. JLIiIfl1IkUMk1l Councilmember/Commissioner Graves moved and Councilmember/Commissioner Butler seconded adjournment of the City Council/Economic Development Authority Work Session at 8:40 p.m. Motion passed unanimously. 10/23/17 -6- DRAFT CIy Cll A©da Thtm N©0 6b [I1IJ[SJ IU I DK' I'AI Dk'4 (0) 1I I1SJi DATE: November 7, 2017 TO: Curt Boganey, City Man FROM: Rozlyn Tousignant, Deputy City Clerk9 SUBJECT: Licenses for City Council Approval Recommendation:It is recommended that the City Council consider approval of the following licenses on November 13, 2017. Background:The following businesses/persons have applied for City licenses as noted. Each business/person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Applicants for rental dwelling licenses are in compliance with Chapter 12 of the City Code of Ordinances, unless comments are noted below the property address on the attached rental report. GASOLINE SERVICE STATION Awad Company Brooklyn Center Municipal Garage MECHANICAL Binder Heating & Air Conditioning Inc Boys Mechanical Inc. PB Services dba PBS Pioneer Power, Inc. Professional Mechanical Services, LLC Yale Mechanical LLC RENTALZ See attached report. SECONDHAND GOODS DEALER GameStop #535 SIGN HANGER Indigo Signworks Inc 6501 Humboldt AveN 6844 Shingle Creek Parkway 222 Hardman Avenue N, South St. Paul 490 Villaume Ave #300, South St. Paul 9410 Bataan St. NE, Blame 2500 Ventura Dr., Woodbury 18983 York St. New Suite C, Elk River 220 West 81st Street, Bloomington 6068 Shingle Creek Parkway 1622 Main Ave, Fargo Mission: Ensuring an attractive, clean, safe, inclusive coninninhty that enhances the qaaIitj' of flj for all people and preserves the public trust S1IJ(ii I U I Iik'4 L'A I IkA (I] 1'WI )1IJk I TOBACCO RELATED PRODUCT Awad Company Bleu Ocean Inc dba: Cloud 9 Smokeshop Diamond Lake 1994 LLC dba: Cub Foods Family Dollar Inc. #25110 Family Dollar Inc. #24514 Ku Leng dba: Sun Foods Walgreen Company 6501 Humboldt AveN 615 66th Ave N 3245 Co Rd No 10 2105 57th Ave N 6211 Brooklyn Blvd 6350 Brooklyn Blvd 6390 Brooklyn Blvd Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [EI]SJ[Ii I fl I I DIA UhYA I D1h'A (1) t11I I1SJYA I Rental License Category Criteria Policy - Adopted by City Council 03-08-10 Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type 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 - 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 Sor 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 Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust ID CDaCDCM CD< 0)CD CO 0 =00 0 CD C CD FD* ( CD CM 0 ItCD CCM= -2 .< •0CD0) CM -1 CD CD0) C 4 Ui H Ui Ui Ci Ui Ui U)U)Ci m NJ 4 -Ci 0 NJ4 NJC)NJF-0F-NJC).DNJ C)C) U) )-C)H 0)- I-C)00I-CDC) 0)0 -.NJ 1.11 F- CCNJ 0 NJ I-.1.U)I-Ci I-s .U)0 00 '- a CDM H N.)Ui 0 Ln m M C))i H (0 Ci Ci Ci 03 Ui r-Ci -' B CD ZCDLn3:,>>>0-.-' CD ?.>o CL CD0.<:,>>2RrD<<CD CD<>C<(0 CD CD CD CDCD<ZZZ ZCC CD >CD ZZ 0)CM <CD ID u 00 '-C-CM Ln Ln Ili 1-1 OOH Ui•H Hwcc00CD 2 CD CD CD CD CD CD CD CD CD CD CD CD q q CD (D i -n m0)0)0)0)0)-n -n -n i m -n0)0)0)0)0)0)0),i -n ,i n CM CM -n0)0)3-n 0) CD 0 0 )3)3)3)3] 7]7]—0 7] CD'CD (1)CD CD CD CD CD CD CD CD CD CD,CD]CD CD CD ..._.-.— CD CD CD CD CD CD CD CD CD CD Cl)CD CD CD 0)0)0)2.CD 0-0)0)0)0)0)0)0)0)0)0)0)0)0)0)_0) 9-><CD 0)CD g?:UiUiG) CD0.0)3 2(f)2-<.c CL ui o 3 :,0.M -CD 0 -0 -CM 0 0) UCM CD - 0 ()o <C)0 0 bo CO -'_0. Cio CD gxcUi 2.2.E < -t .t CD rD Ln C)0 C)C)C)0 C) C)0 C) C) C)C C)NJ -..* CD 2.'-I-'-C- CD==EE CD:,-* CM*CD In*(0 C* CM CC 0000000000000 0 0007S7S777Z - Ln HC 0000000000000 000 0):, -0 7S 7'7'7'tO CM 2.0. City C©iuindli Agdi ft©m N©0 6 COUNCW ]ITEM MEMORANDUM DATE: November 13, 2017 TO: Curt Boganey, City Man FROM: Nathan Reinhardt, Finance Director SUBJECT: Resolution Approving the Agreement with SafeAssure Consultants, Inc. to Provide Safety Program Support Services and Training Recommendation: It is recommended that the City Council consider awarding the agreement under the tel -ms of the Request for Proposals (RFP) to Provide Safety Program Support Services and Training issued on September 15, 2017 to SafeAssure Consultants, Inc. Background: On September 11, 2017 the City Council authorized a Request for Proposal 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 received five proposals which were reviewed using the factors specified in the RFP including qualifications, experience and cost. We subsequently interviewed four firms SafeAssure Consultants, Integrated Loss Control, Highpoint Environmental Health and Safety, and UL EHS Sustainability. After reviewing the proposals and interviewing firms staff is recommending SafeAssure Consultants. The City has contracted with SafeAssure Consultants since 2003. SafeAssure has been providing services to municipalities for almost twenty years and their client list include a large number of cities and counties in Minnesota. A copy of the proposal and training schedule has been included. Budget Issues: The proposed annual fee for the next three years is $12,342.81, which encompasses all the required services of the RFP. Strategic Priorities- Safe, Secure, Stable Community 0 jlIission: Ensuring an attractive, clean, safe, inclusive con!HlUilitr that enhances the qualiti' of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING THE AGREEMENT WITH SAFEASSURE CONSULTANTS TO PROVIDE SAFETY PROGRAM SUPPORT SERVICES AND TRAINING WHEREAS, the City of Brooklyn Center is required by its City Council Code of Policies to solicit proposals for a risk management consultant to provide safety program support services and training; and WHEREAS, proposals were solicited in September/October 2017 through a Request for Proposal (RFP) for Safety Program Support Services and Training approved by the City Council on September 15, 2017; and WHEREAS, the City received five proposals from professional firms providing such services; and WHEREAS, a Committee in accordance with the Code of Policies Section 2.80 has reviewed the proposals, interviewed the top scoring firms, and recommended award of the contract to SafeAssure Consultants, Inc.; and WHEREAS the City Manager recommends to the City Council the award of the contract to SafeAssure Consultants, Inc. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that SafeAssure Consultants, Inc. be awarded the contract for risk management consultant. November 13, 201 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. OK LVL ,,EN rMR 4, 'W • Al THE CENTER /1 \ iThesse 44AOe DUJFEU TIMIUL,DUD MDRR LUDGDflU GflBR PROPOSAL November 1, 2W ,-I1 (Start date January 1, 2018) 1 II Page 10 I ktl.!t.] 1111111 [.]MLCI I 1!1 UI i a'] I sJ' This Proposal is made this first day of November 2017 between The City of Brooklyn Center, Brooklyn Center, Minnesota, herein referred to as The City of Brooklyn Center and SafeAssure Consultants, Inc. 200 S.W. Fourth Street, Willmar, Minnesota, herein referred to as SafeAssure. The contract year will begin on January 1, 2018 OR immediately after the signing of this proposal/contract (if later than January 1, 2018). This proposal includes full service as described throughout this document to all departments of the city (see schedule). SafeAssure is a safety and OSHA compliance consulting company established on January 1, 1998 specializing in Municipal, Construction, Manufacturing, and Medical operations. All SafeAssure on-site client services employees are individually trained through OSHA certification programs (minimum 30 hr. OSHA Certification) and by SafeAssure management prior to conducting classroom or consultation services. The SafeAssure training management system continually reviews OSHA regulations and statutes and confers with OSHA representatives on any new or revised regulation or statute. SafeAssure currently provides full service to over 100 municipalities in Minnesota, all of which are listed on the following page. Prospective clients may contact any and all clients for reference. SafeAssure employees are our largest asset. We employ 8 to 10 committed employees, five of which operate mainly in the field. Key team members most directly servicing your city would include: o Chadwick Peterson (President/Owner/Consultant/Trainer) Overall Operations o Melanie Bauman (Office Manager) - Scheduling/Coordinating/Client Services o Jonathon Beale (Consultant/Trainer) - Client Services o Tom Norgel (Consultant/Trainer) - Client Services o Tom Paul (Consultant/Trainer) - Client Services o Stan Ruud (Consultant/Trainer) - Client Services SafeAssure has been providing services to municipalities for almost 20 years. Most SafeAssure clients have been with us for more than 10 years. SafeAssure's financial stability is strong with very little debt and excellent credit rating. We have a well-established line of credit through a local bank used only for streamlining cash flow and accounts receivable delays. SafeAssure has an A+ rating with the Better Business Bureau (BBB). We have never had a complaint filed. Page 11 "Rill Service" Municinal Client List (As of1OO917 Cities (On Own)Cities (In Group)Counties Albert Lea Atwater Big Stone ecker Cosmos Blue Earth Belle Plalne Kandiyohi Carver Brooklyn Center New London Chippewa Brooklyn Park (new)Spicer Cottonwood Burnsville Faribault Carver LeCenter Freeborne Chanhassen Montgomery Goodhue Chaska Kanabec Clara City Arden Hills Kandiyohl Columbia Heights Falcon Heights Lac Qui Perle Cottage Grove Little Canada LeSueur Crystal Vadnais Heights Lincoln Delano McLeod Edina Deephaven Meeker Golden Valley Excelsior Morrison Hopkins Minnetonka Beach Nicollet Hutchinson Orono Pipestone Inver Grove Heights Shorewood Pope Isanti Spring Park Redwood Jordan Tonka Bay Renville Laketown Township Wayzata Rock Lonsdale Sherburne Maple Grove Oak Grove Sibley Maplewood Bethel Swift Minnetonka East Bethel Wright Montevideo Ham Lake More Nowthen Mound New Hope Hugo North Mankato White Bear Township North St. Paul Oakdale Stillwater Oak Grove Lake Elmo Plymouth Prior Lake Stillwater Board of Water Robbinsdale Lakeland Shakopee Marine Somerset Oak Park Heights Spring Lake Park St. Louis Park Albany Willmar Paynesville St. Paul Park Newport Glencoe Lester Prairie Winsted Silver Lake Page 12 All written programs/services that are produced by SafeAssure Consultants, Inc. are guaranteed to meet the requirements set forth by MNOSHNOSHA. SafeAssure Consultants, Inc. will reimburse The City of Brooklyn Center should MNOSHA/OSHA assess a fine for a deficient or inadequate program that was produced by SafeAssure Consultants, Inc. SafeAssure Consultants, Inc. does not take responsibility for financial loss due to MNOSHAIOSHA fines that are unrelated to improperly written programs. SafeAssure will continuously monitor OSHA Standards and modify all safety related programs as needed to ensure updates meet OSHA regulations and statutes. These changes or additions, when made during a contract year, will be made at no additional cost to the City of Brooklyn Center. SafeAssure will meet with and be an advisor to the Safety Committee, reviewing OSHA Standards/Statutes and providing recommendations for accident and injury prevention as requested. SafeAssure representatives will also attend Public Works safety committee meetings when scheduled immediately before or after a scheduled training session (see schedule). Complete simulated OSHA audits of facilities (buildings), recording deficiencies and making corrective recommendations. Audits will include pictures of noted deficiencies. A minimum of fh hlnw r.itv hiiildincis will be insoected uoon reauest. City Hall Community Center Centerbrook Golf Course BC Liquor Stores (2) Earle Brown Heritage Center Water Treatment Plant Central Garage Fire Stations (2) Police More buildings may be inspected upon request and at no additional costs. SafeAssure will provide answers to all and any OSHA question submitted by department Supervisors (or other persons as allowed by management). o In the event of an actual OSHA inspection, a SafeAssure employee will walk with you durinci the inspection process. SafeAssure will be with you all the way, including a presence at the OSHA closing conference when requested. SafeAssure will assist you in the event of a serious employee injury or death (OSHA or non- OSHA related). o SafeAssure will provide an "ALERT" system that allows SafeAssure to quickly inform clients (through email) of any information that is pertinent to the safety of employees. o SafeAssure will provide and assist with the outside "Audit" and "Recommendation" paperwork that is required when completing a "OSHA Safety Grant" request. o SafeAssure will provide access to an SDS database specific to the City of Brooklyn Center through msdsonline. Page 13 TRAINING SERVICES (See also Training Schedule) SafeAssure clients may utilize multiple training formats and techniques including but not limited to: • On-site training with Powerpoint presentations, workbooks, videos, and topical employee participation games (see schedule). • Online training through videos as well as client-specific OSHA safety information. SafeAssure provides online safety training and complete documentation of individual employee training on AWAIR, Employee Right to Know-SDS (includes PPE), Blood borne Pathogens (includes PPE), Ergonomics, Emergency Action Plan, and Fire Extinguishers for employees directed by management to do online training (such as new employees or employees who missed on-site training). All documents and classroom training produced by SafeAssure Consultants for The City of Brooklyn Center are for the sole and express use by The City of Brooklyn Center and its employees and not to be shared, copied, recorded, filmed, digitized or used by any division, department, subsidiary, or parent organization or any entity whatsoever, without prior written approval of SafeAssure Consultants. o All programs, policies, training, and procedures referenced on the following page do not include the cost of hardware such as labels and signs. It will be the responsibility of The City of Brooklyn Center to obtain this hardware as required to comply with OSHA standards. o All time spent consulting, answering questions, and assisting with OSHA inspections both on- and off-site are part of the contract services and are included (see also schedule within). o Any additional classroom hours separate from the contract and contract schedule will be billed on a per hour bases and eligible for all "current client" discounts offered by SafeAssure. These hours (if any) will only be allowed upon approval of the City of Brooklyn Center management representative. Training subject matter will include but will not be limited to: AWAIR/General Safety Emergency Action Plan Ergonomics/Proper Lifting Ladders Trenching Skid Steers Employee Right to Know Bloodborne Pathogens Fire Extinguishers Workplace Violence Earthmoving Equipment Severe Weather Page 14 COMMERCIAL GENERAL LIABIL I TY DAMAGE TO RENTED PREMISIS IiIlXlI•Ii IVIE DiE XP PERSONAL & ADV INJURY I1AL AGGREGSTE 171111111171= PRODUCTS-COMP/OP AGG AUTOMOBILE LIABILITY COMBINED SINGLEjuJII !I!.i!JlI'Ii(EA A CCID EN T ) tUJiY,I :1 1 I WI I :] I I I I'A*Xsl *Ii:] III EACHtsIII1t[Il AGGREGATE '4j1!I!J'I'I' WORKERSICOMPENS A TION 1iIiXiIiIi ']] 'i JiYd I [s'1 Ih'alI —iIIXlIiIi U J;1I) *11[']'UI...1 I I Ii'!!I!J!J111i1 SafeAssure agrees to provide, at the time of execution of this contract/agreement, The City of Brooklyn Center (upon request) with a current Certificate of Insurance with the above coverage lines. Page 15 (5)&CA InLL (1)Z LL U E1 cz <ozoz 0 — — 0 cI CU C'U CU L ( =i — —Z -.0' L) LU LU U LU Li]LU LU i]] L g E-0 UflLLJ NI I 0 - 0 60pLO Lu LU - Li.00 ZLU u 2U V)'n C -bli H li H lili 00 Z Li]C'0L E LU00HU <00&Ii LQ z0 0. 0 0 0 0 0 0 0 •• •LII U j]<Z LU<Z_0 z H 0oco oinU0- UI L 0 (JLU- I ZNLU 2i]C i_LULUcc LU UIN C41]Li] IJie4 LULI] LI L^J .1 . l/) -ci - rjri g j IoIL !*jljj LI I'HlINI. •[_J[JJII IHiL I HiL14C IL IJ _IJL. Hll WIF -l'IILi i1 .HiJLEJ:: IaIjfl i HII Ii:: lNI ( c 4/LH1! inli IIIJ UiEIirj-IN I-i - rIIJ1Ji iFiIT I'LL i ! 0 LO iiiJ]t. r [JIILL •uII •)lJ.L ui Co CL W c E I 0 I Ini , I Lfl N ci IN - - N 0 UI N (11 ci LU I IF- .-i Nj F-- -i '-1 N N H 4 N N CO _ N NUn C)IL' Eii -H'iILi INII IiiIJ -±lJii Il c I I_ I 'D N lcoII HJti IJjIJ . JLI LJJ LU- t1 iiiLI - JL inLJ -I N iLi IL LnE U) IN k flHr1iJTI LL1El{I LU LU I W—H I _I[1 N OLUii IJ- iiiiirLAl I iLI)i _I *NIIU IILL flHiLLn ceNJ Lcnq NIOSIJ HH NijI F- CflI NIOIIII 0 0 0 0 CO Wl° lII-I - — IIU) NIl inHIinJ1 ju r-II E0 I/l E Ln 0]C C UNo .0 00U,•• U,.c oI-o 0Ji]) lu O_ 1Piçqj SafeAssure agrees to abide by all applicable federal and state laws including, but not limited to, OSHA regulations and local/state/national building codes. Additionally, SafeAssure will practice all reasonable and appropriate safety and loss control practices. SafeAssure agrees that The City of Brooklyn Center will not be held liable for any claims, injuries, or damages of whatever nature due to negligence, alleged negligence, acts, or omissions of SafeAssure to third parties. SafeAssure expressly and in perpetuity releases and discharges The City of Brooklyn Center and its agents, members, officers, employees, heirs, and assigns from any such claims, injuries, or damages. SafeAssure will also agree to defend, indemnify, and hold harmless The City of Brooklyn Center, its agents, members, and heirs from any and all claims, injuries, or damages of whatever nature pursuant to the provisions of this agreement. SafeAssure is an independent contractor of The City of Brooklyn Center, and nothing in this agreement shall be considered to constitute the relationship of an employer/employee. In consideration of this signed agreement/contract, for the period of thirty six months from January 1, 2018 SafeAssure Consultants, Inc. agrees to provide The City of Brooklyn Center the aforementioned features and services. These features and services include but are not limited to OSHA compliance recommendations and consultations, scheduled classroom-training sessions (see attached 12 month schedule-new schedule produced and approved annually), unlimited online training, an online SDS management program, and the production and maintenance of mandatory OSHA programs. These features and services will be prepared to meet the specific needs of The City of Brooklyn Center. If SafeAssure fails to perform any of the provisions of this contract or fails to administer the work as to endanger the performance of the contract, such failure may constitute default. Unless the default is excused by the city, the city may, upon written notice to the SafeAssure, cancel this agreement in partial or entirety. Either party can terminate the contract upon written notice sixty days prior to the anniversary date of the contract (January 1). The below is the contract fee calculated by aforementioned services and attached schedule to be paid in full (total each year as stated below) within 30 days of January 1.. 3 YEAR TOTAL COST $3702843 SDS SERVICES (MSDS/SDS ON-LINE) (included) TOTAL TO HE PAID EACH YEAR $134281 IN TESTIMONY WHEREOF, we agree to the day and year first above written and, if representing an organization or similar entity, further certify the undersigned are a duly authorized agent of said entity and authorized to sign on behalf of identified entity. THREE YEAR CONTRACT X (GUARENTEED 3 YEAR PRICING) The City of Brooklyn Center Date X The City of Brooklyn Center Date r 110117 President-SafeAssure Date (Proposal honored for 90 days from above date) Page 17 Oty C©wili AIrlld1 IIItm N©0 6d [I1IJ[i1 I R I I Dk' L'A I I'A ci] 1aIfflIJiYA I DATE: November 7, 2017 TO: Curt Boganey, City Manaj FROM: Mike Albers, Acting City Engineer viA- SUBJECT: Resolution Establishing Interest Rate for 2018 Special Assessments Recommendation: It is recommended that the City Council consider approval of the resolution establishing interest rate for 2018 special assessments at 4.0 percent. Background: Each year the City Council sets an interest rate for special assessments levied against properties based on the City's Special Assessment and Internal Loan Interest Rate Policy. The objective of this policy is to establish an equitable interest rate that will not unfairly burden the property owner but also recover the cost of borrowing from outside sources, recover the cost of administering the special assessments and protect the City from the possibility that special assessment prepayments might impair the City's ability to service the bonds. City Council Policy has been to establish the special assessment interest rate by calculating the sum of the interest rate for the most recent general obligation bond, adding two percent to cover the overhead costs described above and rounding to the nearest one-half percent in accordance with the Interest Rate Policy. The most recent improvement bond sale by the City of Brooklyn Center was 2017 General Obligation Improvement Bonds at 1.96 percent, resulting in a special assessment interest rate of 4.0 percent for 2018, which is 0.5 percent higher than the 2017 rate. Budget Issues: There are no budget issues to consider. Strategic Priorities: Key Transportation 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 ESTABLISHING INTEREST RATE FOR 2018 SPECIAL ASSESSMENTS WHEREAS, the City Council levies special assessments for certain neighborhood street and utility projects, delinquent utility bills and other services provided to property owners that go unpaid; and WHEREAS, amounts outstanding are certified to Hennepin County for collection with property taxes; and WHEREAS, by City Policy, interest is to be charged on outstanding amounts certified to Hennepin County for collection with property taxes; and WHEREAS, the interest rate to be charged is two percent over the net interest rate for the most recent City General Obligation bond sale rounded up to the next one-half percent; and WHEREAS, the most recent General Obligation Improvement Bond sale resulted in a net interest rate of 1.96 percent. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the interest rate charged on outstanding special assessments for the year 2018 is hereby established at 4.0 percent. November 13, 2017 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Oty Cwnilli A. nidi ]Itrn N©0 6 [1S1uJ[i1 I N I 31k I'A I ak'A [0) 1iI )1BJ I DATE: November 7, 2017 TO: Curt Boganey, City Manag FROM: Mike Albers, Acting City Engineer f-1j SUBJECT: Resolution Establishing 2018 Street and Storm Drainage Special Assessment Rates Recommendation: It is recommended that the City Council consider approval of the resolution establishing the 2018 street and storm drainage special assessment rates for City street and utility improvement projects. Background: Each year the City Council establishes assessment rates for Ri, R2 and R3 residential zoned properties based on the City's Special Assessment Policy. Within these zoning districts, the assessment rate for street and storm drainage improvements is based on a unit amount that applies to all single-family residential properties. The unit amount represents a specific portion of the average cost for reconstructing a typical residential street and storm drainage system. Street assessments for non-residential and R4 to R7 residential properties are computed separately for each project. Special assessment rates are typically adjusted each year to reflect normal inflationary increases in construction costs. The City's Special Assessment Policy indicates that "the unit assessment shall be adjusted annually to reflect cost of living increases as measured by the Construction Index" (City Council Code of Policies Section II - 2.10.2.B.1.a.2). The Engineering News Record (ENR) Construction Cost Index has experienced an average annual percent change for 2017 of 2.8 percent (see Table 1). Table 1 EN R Construction Cost Index - 12-Month Average Annual Percent Change Year 2010 2011 2012 2013 2014 2015 2016 2017* 12-mo avg. annual °"° change 3.6 1.3 3.7 2.7 6.3 3.0 1.4 2.8 Source: ENR website, October 9, 2017, edition Note: * 10 month average As a comparison, the Consumer Price Index has experienced an average annual percent change for 2017 of 1.5 percent (see Table 2). Th1 9 C.nnunip.r Price Tiidex - 12-Month Average Annual Percent Change Year 2010 2011 2012 2013 2014 2015 2016 2017* 12-mo avg. annual °"° change 2.0 3.2 2.0 1.4 1.5 -0.5 0.8 1.5 Source: US Department of Labor, Bureau of Labor Statistics website, October 18, 2017 Mission: Ensuring an attractive, clean, safe, inclusive community that enhancesces the qiiallty of life for all people and preserves the public trust [i1IJ[ I UI I D1174 U'A I ak'A (I] I1IJ'i I Based on the 2017 information above, staff recommends adjusting the special assessment rates by an increase of 2.8 percent for 2018, which will be an increase of $155 from the 2017 total assessment amount for street reconstruction projects. This should continue to maintain the portion of street and storm drainage costs that are assessed at approximately 33 percent of the total cost for street and storm drainage improvements. The City Council has historically targeted 33 percent as the portion of street and storm drainage improvements that are assessed to adjoining RI, R2 and R3 residential properties. Budget Issues: Increasing the 2017 special assessment rates for 2018 would result in an assessment amount of $4,353 for street improvements and $1,306 for storm drainage improvements. The total assessment amount would be $5,659 per RI single-family residential lots in 2018 compared to $5,504 in 2017. The assessment amount for street improvements on partial street reconstruction projects (full pavement replacement) will be $3,265 per RI single-family residential lots in 2018. The assessment amount for street improvements on pavement rehabilitation projects (mill and overlay) will be $1,440 per RI single-family residential lots in 2018. The attached resolution provides the corresponding adjustments for R2 and R3 zoned properties based on the proposed unit assessment rates. Strategic Priorities: Key Transportation Investments Mission: Ensuring an attractive, clean, safe, inclusive community that enhancesces the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING 2018 STREET AND STORM DRAINAGE SPECIAL ASSESSMENT RATES WHEREAS, the residential assessment rates for street and storm drainage improvements are annually reviewed and approved by the City Council; and WHEREAS, the residential assessment rates should be adjusted annually to be effective January 1; and WHEREAS, the 2018 street and storm drainage assessment rates for Rl, R2 and R3 zoned districts are based on a specific proportion of approximately 33 percent of the average cost for street and storm drainage improvements; and WHEREAS, the R4, R5, R6 and R7 zoned districts will continue to be assessed based on an evaluation of project cost and project benefit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: The residential street and storm drainage special assessment rates for street reconstruction and pavement rehabilitation shall apply to properties in RI, R2 or R3 zoned districts. These rates shall also be applied to parcels of property in other land use zones when such parcels (a) are being used as one-family or two-family residential sites at the time the assessment roll is levied; and (b) could not be subdivided under the then-existing Subdivision Ordinance. 2. The residential assessment rates for street and storm drainage reconstruction effective January 1, 2018, shall be as follows: Land Use 2018 Assessment Rates RI zoned, used as one-family $4353.00 per lot (street) site that cannot be subdivided $1306.00 per lot (storm drainage) R2 zoned, or used as a two-family $58.0400 per front foot with a site that cannot be subdivided $4353.00 per lot minimum (street) $17.4133 per front foot with a $1306.00 per lot minimum (storm drainage) RESOLUTION NO. Land Use 2018 Assessment Rates R3 zoned (per unit) Assessable frontage x $58.0400 (Street) Number of residential units Assessable frontage x $17.4133 (storm) Number of residential units 3. The residential assessment rates for partial street reconstruction effective January 1, 2018, shall be as follows: Land Use RI zoned, used as one-family site that cannot be subdivided R2 zoned, or used as a two-family site that cannot be subdivided 2018 Assessment Rates $3265.00 per lot (street) $43.5333 per front foot with a $3265.00 per lot minimum (street) R3 zoned (per unit) Assessable frontage x $43.5333 (street) Number of residential units 4. The residential assessment rates for pavement rehabilitation effective January 1, 2018, shall be as follows: Trnirl Use RI zoned, used as one-family site that cannot be subdivided R2 zoned, or used as a two-family site that cannot be subdivided R3 zoned (per unit) 2018 Assessment Rates $1440.00 per lot (street) $ 19.2000 per front foot with a $1440.00 per lot minimum (street) Assessable frontage x $19.2000 (Street) Number of residential units The residential assessment rates for street and storm drainage reconstruction and pavement rehabilitation shall not apply to R4, R5, R6 or R7 zoned districts. The assessment rates for street reconstruction and pavement rehabilitation for R4, R5, R6 or R7 zoned property shall be based on an evaluation of the project cost and the project benefit for each project. RESOLUTION NO. November 13, 2017 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City C©mdli Ad Hem N©0 6f EIflJ[ IflhI Ik'AL'A I DhY4 cli) 1WI P1flI DATE: November 7, 2017 TO: Curt Boganey, City Mana3 FROM: Mike Albers, Acting City Engineer1 - SUBJECT: Resolution Accepting Feasibility Report, Declaring Costs to be Assessed and Calling for Improvement and Assessment Public Hearings for Improvement Project Nos. 2018-01, 02, 03 and 04, Firehouse Park Area Street, Storm Drainage and Utility Improvements Recommendation: It is recommended that the City Council consider approval of the resolution accepting a feasibility report, declaring costs to be assessed and calling for improvement and assessment public hearings for Improvement Project Nos. 2018-01, 02, 03 and 04, Firehouse Park Area Street, Storm Drainage and Utility Improvements. If approved by the City Council, legal notice would be published, and all property owners who could potentially be assessed for improvements would receive a Notice of Public Hearings via mail. Background: The project was established by the City Council on May 8, 2017, by Resolution 2017-69, for the area commonly referred to as the Firehouse Park Area Improvements. This action was taken in accordance with the Capital Improvement Program (CIP), which identifies Firehouse Park for improvements during the 2018 construction season. The attached feasibility report provides a summary of the project evaluation process and preliminary layout of street and utility improvements. The report also includes the results of a resident questionnaire that was mailed to all property owners within the project areas. A public informational meeting was conducted on October 24, 2017, to provide project information to property owners and tenants within the project area and gain additional input from the public. The informational meeting was generally positive in nature with the majority of questions and concerns relating to design details, street lighting, special assessments and project schedule. A formal presentation of the feasibility for the project is planned at the public hearing. The attached resolution declares certain project costs to be assessed for the Firehouse Park Area Street and Utility Improvements and calls for a public hearing on the proposed special assessments on December 11, 2017, immediately following the improvement public hearing. Staff recommends that the City Council consider holding the special assessment public hearing immediately following the project improvement public hearing. The purpose of holding the special assessment public hearing prior to beginning the project is to assure that any objections to or appeals of the assessments are known prior to entering into a construction contract or issuing bonds to finance the assessed portion of the project. iWission: Ensuring on attractive, clean, safe, inclusive coinniullity that enhancesces the quality of life for all people and preserves (lie public trust I1LIh1[*i NIIUI3kYA UIiki(I1I$iIJkYAI The established assessment rate would set the maximum levy amounts, guaranteeing property owners of the final cost they will pay for the project. Special assessments for this project have been calculated in accordance with the City's Special Assessment Policy. Budget Issues: The total project cost for the Firehouse Park Area Street and Utility Improvements is estimated to be $12,268,000. The total special assessments for this project are estimated to be $1,511,157.11 for street improvements and $485,028.17 for storm drainage improvements. Funding sources for the project are proposed from a variety of sources as described in the feasibility report. The Draft Special Assessment Levy Roll for Improvement Project Nos. 2018- 01 and 2018-02 are included in Appendix D of the feasibility report. Strategic Priorities: Key Transportation Investments Mission: Ensuring an attractive, clean, safe, inclusive comnninilj' that enhances the quality of life Jar al/people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING FEASIBILITY REPORT, DECLARING COSTS TO BE ASSESSED AND CALLING FOR IMPROVEMENT AND ASSESSMENT PUBLIC HEARINGS FOR IMPROVEMENT PROJECT NOS. 2018-01, 02, 03 AND 04, FIREHOUSE PARK AREA STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS WHEREAS, the Brooklyn Center City Council, by Resolution No. 2017-69, directed the preparation of a feasibility report regarding proposed improvements to the streets, storm drainage system and public utilities in the Firehouse Park Area neighborhood; and WHEREAS, the City Engineer has prepared said report and recommends that the proposed improvements be considered; and WHEREAS, a portion of the cost of street and storm drainage improvements for said project is proposed to be assessed against properties within the project area; and WHEREAS, the total project cost for the Firehouse Park Area Street and Utility Improvements is estimated to be $12,268,000; the total cost of the street and storm drainage improvement portion of said project is estimated to be $8,220,000 and the project funding sources are currently estimated to be: Special Assessments $1,996,185.28 Sanitary Sewer Utility Fund $2,240,000.00 Water Utility Fund $1,658,000.00 Storm Drainage Utility Fund $1,804,971.83 Street Light Utility Fund $150,000.00 Street Reconstruction Fund $4,008,842.89 Municipal Sate Aid Fund $410000.00 Total $12,268,000.00 WHEREAS, the City Clerk and Acting City Engineer have prepared proposed assessment rolls showing the proposed amount to be specifically assessed for such improvement against every assessable lot, piece, or parcel of land within the district affected, without regard to cash valuation, as provided by law. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The Engineer's Feasibility Report for the Firehouse Park Area Street and Utility Improvements is received and accepted. RESOLUTION NO. 2.An improvement public hearing shall be held on the I1th day of December, 2017, in the City Hall Council Chambers at 7:00 p.m. or as soon thereafter as the matter may be heard to pass upon said improvement project and at such time and place all persons owning property affected by said improvements will be given an opportunity to be heard with reference to said improvements. 3.The City Clerk is directed to cause a notice of the improvement public hearing to be published in the official newspaper at least two weeks prior to the public hearing, and shall state in the notice the total cost of the improvement. 4. That portion of the cost to be assessed against benefited property owners for street improvements included in City Improvement Project No. 2018-01 is declared to be $1,511,157.11. That portion of the cost to be assessed against benefited property owners for storm drainage improvements included in City Improvement Project No. 2018-02 is declared to be $485,028.17. An assessment public hearing shall be held on the ll' day of December, 2017, in the City Hall Council Chambers at 7:00 p.m. or as soon thereafter as the matter may be heard to pass upon such assessment and at such time and place all persons owning property affected by such improvements will be given an opportunity to be heard with reference to such assessment. 6.The City Clerk is directed to cause a notice of the assessment public hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the public hearing, and shall state in the notice the total cost of the improvement. 7.The City Clerk shall cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the public hearing. November 13, 2017 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Public Works Dept Engineering Division Phone: 763-569-3340 FAX: 763-569-3440 BROOKLFN CENTER Itlilil IiIiflh1iMIIIRIiIWJiIttt&W IMPROVEMENT PROJECT NOS. 2018-01,02,03 and 04 Ir8 S SI N I/tN II November 7, 2017 I hereby certify that this plan, specification or report was prepared by in.e or under my direct supervision and that Jam a duly Licensed Professional Engineer under the laws of the State of Minnesota Michael JAlbers, P.E. Reg. No. 47074 November 7, 2017 Feasibility Report Firehouse Park Area Street and Utility Improvements Page 1 In 2018, the City of Brooklyn Center will be entering the 25th year of its long-range infrastructure rehabilitation program often referred to as the Neighborhood Street and Utility Improvement Program. This program has consisted of a systematic rehabilitation and/or replacement of the City's aging streets, water main, sanitary sewer, storm sewers, sidewalks, trails and street lights. The City's Capital Improvement Program identifies the Firehouse Park Area Neighborhood for reconstruction in 2018. The proposed project includes roadway, utility and sidewalk improvements within the project limits shown on Figure 1. The Firehouse Park project area extends from 69 th Avenue to Interstate 94 and from Humboldt Avenue to TH 252. Camden Avenue south of 65th Avenue, Dupont Avenue, 65th Avenue and 66thi Avenue are not included in the project area. This report was prepared in response to City Council Resolution No. 2017-69 dated May 8, 2017, directing staff to prepare a feasibility report and collect public input for the proposed project. Staff conducted a public informational meeting with residents and property owners located within the project area on October 24, 2017. A resident questionnaire and letter were also distributed as part of the project evaluation process. A summary of resident comments is provided in Appendix B. The 2018 project area consists of approximately 4.1 miles of streets and utilities. The neighborhood consists of approximately 285 residential properties that are zoned"RI ", 2 sub-dividable residential property that is zoned"RI ", I church property that is zoned "RI ", 3 multi-family properties that are zoned "R3", 1 multi-family property that is zoned "R4" and 7 multi-family properties that are zoned Feasibility Report Firehouse Park Area Street and Utility Improvements Page 2 Figure 1: Project Area JM "HH \ I rf Ll FR*OI1 _____ r\ ____ 9TH AVE N 6TH AVE I' t 66TH LN N 'P2^2 fflFflfflFfl ' PEO H WEN _\ \ tr'\ Do It L HLIE H \ ot 9 1 —PhL1H 1 L AVE N 9 FREEWAY BLVD 6TIIIVEN Iz I 1h'64TH AVE N on Project Area -CENTER Firehouse Park Area Street and Utility Improvements Figure 1 Feasibility Report Firehouse Park Area Street and Utility Improvements Page 3 if L._it1 IJ I'WA I IJ (I1!i DI(I III1 A.EXISTING CONDITIONS The majority of the local streets within the proposed project area were most recently improved between 1961 and 1978 resulting in the existing street pavement being in service for 40 to more than 50 years. The existing streets are generally 30 feet wide, which is typical for most low volume residential streets in Brooklyn Center. 67thi Avenue from Humboldt Avenue to Dupont Avenue is designated as a Municipal State Aid Route. 67th Avenue is 44 feet wide from Humboldt Avenue to 5th Street and has concrete curb and gutter. The roadways within the project area are very flat and do not have concrete curb and gutter, except for 67th Avenue and short segments of 69th Avenue and Aldrich Avenue. The roadways' bituminous asphalt pavement has aged and is showing significant fatigue and distress, particularly along the unprotected edges. The typical service life for bituminous pavement is approximately 30 years. Generally, it is no longer cost-effective to routinely maintain these streets with seal coating or thin overlay procedures. Complete reconstruction is warranted Concrete sidewalk exists along both sides of 69th Avenue from 70 th Avenue to Bryant Avenue. No other sidewalks exist on the roadways proposed to be reconstructed. Adjacent to the project area, concrete sidewalk exists along both sides of 65th Avenue, Humboldt Avenue, and Dupont Avenue from 194 to 67th Avenue. Concrete sidewalk exists along the east side of Dupont Avenue from 67th Avenue to 69th, Avenue. Bituminous trails exist in Firehouse Park. See Figure 2 for existing sidewalk and trail locations. A geotechnical investigation was performed within the project area to obtain and analyze soil samples below the street pavement. The geotechnical evaluation report contains information regarding the subsurface soil and groundwater conditions and includes appropriate design and construction recommendations. Soil borings primarily indicate fair to good soils. Most borings showed 4 feet to 7 feet of silty sand over top of clayey sand and sandy lean clay. Traces of bituminous pavement fragments were encountered within the fill layers in some locations. Groundwater was noted at depths of 9.5 to 17.0 feet below the pavement surface in several areas. Traffic within the project area is generally limited to local traffic access to residential properties within the neighborhood. The roadways generally do not provide connection to other neighborhoods and, therefore, do not experience significant cut-through or collector-type traffic. Traffic volumes on other streets within the project area are generally low volume and typical for local roadways in Brooklyn Center, expected to be much less than 1,000 in most instances. The Trunk Highway 252 Corridor Study Plan which was adopted by the City Council on March 14, 2016 as a planning and development guide for TH 252 recommends the closing of 70th Avenue at TH 252 and construction of a pedestrian bridge at a future time. Traffic that uses 69 t"/70th Avenue today would be rerouted to either 66th Avenue or 73 d Avenue. In this situation, traffic volumes on the local neighborhood streets may experience an increase in traffic with the closure of 70 th Avenue at TH 252. Other miscellaneous traffic changes could be expected dependent on TH 252 access changes. B.PROPOSED STREET IMPROVEMENTS Based on the age and condition of the existing bituminous asphalt pavement surfaces and the proposed replacement of underlying utilities in certain locations, complete replacement of the street surface is warranted. Proposed street improvements include full depth reconstruction for the existing streets to a width of 30 feet for most streets within the project area. 67th Avenue is currently approximately 44 feet Feasibility Report Firehouse Park Area Street and Utility Improvements Page 4 wide. It is proposed that 67th Avenue is narrowed down to 40 feet wide west of Dupont Avenue and down to 32 feet wide east of Dupont Avenue (see Appendix C, Street and Storm Sewer Improvements Figure). The existing soil material will provide a stable foundation to support the proposed street and utility improvements. The roadway subgrade consists of good soils and is planned to be reclaimed (recycled) in place to be reused as the new aggregate base for the proposed street section. Removal of poor soils in isolated areas throughout the project for utility and or roadway construction will be performed as recommended in the geotechnical report and as determined in the field during construction. The installation of concrete curb and gutter is proposed with the reconstruction of the streets within the project area. Concrete curb and gutter will assist in conveying storm water runoff to storm sewer catch basins. The improved drainage benefits derived from the installation of curb and gutter will significantly extend the service life of the new pavement. The street grades will also be designed to provide improved drainage to the storm sewer system. The proposed street reconstruction does not include substantial changes to the roadway width, alignment or elevation. There are a number of dead-end streets within the project with a variety of termini treatments. 67th Avenue, Aldrich Avenue, Emerson Avenue, Girard Avenue and Humboldt Avenue terminate with a bulb cul-de-sac. Bryant Avenue, Colfax Avenue and Fremont Avenue terminate with a hammerhead style turn around. 5th Street, 69 th Avenue and Camden Avenue do not have any formal turn around facilities. These dead-end termini will be reviewed for turning movements and for storm water inlet placement during final design. 5th Street, 68 Avenue and Aldrich Avenue have extensions of unimproved right of way. It is not currently anticipated that any of these streets will be extended, but the need for the extensions will be further evaluated during the design process and future development of adjacent properties. In accordance with the Complete Streets Policy adopted by the City in 2013, all streets and trail projects, including design, planning, reconstruction, rehabilitation, maintenance or operations by the City of Brooklyn Center shall be designed and executed in a responsible, equitable and financially reasonable way to accommodate and encourage travel by bicyclists, pedestrians, public transportation, emergency and commercial vehicles in a balanced manner. Implementation of the City's Complete Streets Policy ensures that the needs and safety of pedestrians, bicyclists, motorists and transit riders of all ages and abilities are taken into account in the design and operation of roads. Accordingly, a worksheet was completed to assist in the complete streets evaluation (see Appendix A, Complete Streets Worksheet). Additionally, the Safe Routes to School Planning (SRTS) Assistance Memorandum prepared by MnDOT in June 2013 and the Pedestrian & Bicycle Plan adopted in March 2014 did not identified missing sidewalk/trail connections and no additional pedestrian or bicycle facilities were identified within the project area. A few residents commented at the informational meeting that they would like a sidewalk on the north side of 69 th Avenue and on 67th Avenue from Dupont Avenue to Humboldt Avenue. The following strategies and improvements are recommended: o Ensure that the needs and safety of pedestrians, bicyclists, motorists and transit riders of all ages and abilities are taken into account in the design and operation of roads. o Installation of a high visibility crossing on the south leg of 67 th Avenue and Dupont Avenue. o Installation of marked crosswalks on west and east crossings 0f64th Avenue at Dupont Avenue. Feasibility Report Firehouse Park Area Street and Utility Improvements Page 5 Pedestrian curb ramps will be constructed throughout the project at each crosswalk location with truncated dome detectable warning systems in compliance with the Americans with Disabilities Act (ADA). It should also be noted that in-depth property surveys are not performed and when constructing the new driveway aprons, the determined location generally matches existing driveway locations and widths. It is not the intent under this project to verify and fix driveway-property line issues, which sometimes exist. Rather, the construction under this project generally occurs within City right-of-way. Other improvements include the installation of concrete driveway aprons, the replacement of trees that are impacted, replacement of landscaping elements and irrigation systems that are impacted and deficient segments of sidewalk are proposed to be repaired as warranted or impacted. Disturbed boulevard areas will be restored with topsoil and sod. Feasibility Report Firehouse Park Area Street and Utility Improvements Page 6 Figure 2: Sidewalk and Trail Improvements Legend ______ H I egen Existing Concrete Sidewalk Existing Bituminous Trail ___ rSONL 69 TH AVE N 69TH AVE Nmm p L 1 rftfli 68TH LN NEIIIIIfl m rn I rmTflcn I 0 - I LUWi 252 - 68T ____ ----- -- --i 67TH AVE N I Z AVE NU\ 6TH AVE 141 t4 FREEWAY BLVD JL-64TH AVE N Existing Sidewalks and Trails HFENTERFirehouse Park Area Street and Utility Improvements Figure 2 Feasibility Report Firehouse Park Area Sheet and Utility Improvements Page 7 III iUt4LflU i ei: ili[I3'& U k'A I A.EXISTING CONDITIONS The neighborhood improvement program has historically included the replacement of free-standing street lights located within the neighborhood. Free-standing street lights are defined as lights mounted on poles, which do not contain any other overhead utilities attached to them. There are currently fifteen (15) free-standing street lights within the project area. These lights consist of older style wood utility poles that have been in service for many years, most likely dating back to the original construction of the neighborhood. The existing free-standing street lights have overhead power services with cobra-head type light fixtures. Other street lights in the neighborhood exist on multiuse-type poles, which are unable to be removed and therefore are not plairned to be replaced. There are currently 23 street lights on multiuse poles within the project area. The City's Street Light Policy states that street lights may be provided at street intersections and at mid- block locations where the distance between intersections exceeds 700 feet. Street lights are currently located at all intersections and at most of the longer blocks that exceed 700 feet with minor exceptions. B.PROPOSED STREET LIGHTING IMPROVEMENTS The recommended street light improvements include replacement of the fifteen (15) existing free- standing street lights with fiberglass poles, cut-off type LED light fixtures and underground power services. Other street lights that are mounted on multiuse transmission/distribution poles within the neighborhood are not proposed to be modified with this project (see Figure 3); however, Xcel Energy has indicated that all Xcel Energy-owned cobra head-style streetlights on multiuse poles in the project area currently have LED fixtures. Staff received inquiries and requests for additional street lights from a few residents through the public outreach efforts of the project. In accordance with City policy, mid-block street lights may be installed where the block exceeds 700 feet in length upon receipt of a petition signed by a majority of the residents on the block, including signatures of the residents adjacent to the specific location where such mid-block light is requested. Adding new street lights will be coordinated and evaluated during the final design stages of the project with the property owners that would be directly affected by adding new street lights. Should the appropriate petitions be received, additional lighting will be included in the project lighting improvements. Feasibility Report Firehouse Park Area Street and Utility Improvements Page 8 Figure 3: Street Light Exhibit Legend Street Light to Replace 15 total Street Light to Remain 1H C69TH AVEN'H \t- 68TH LN NMCI" Ml Tj EJ -L AVE N M i; Lffii -P Street Lights Firehouse Park Area Street and Utility ImprovementsI Figure 3 Feasibility Report Firehouse ParkA rea Street and Utility Improvements Page 9 I IkI[I11tI] I!IJ WlJklI 1 IhUi($1 I Ik'II A.EXISTING CONDITIONS The project area is located within the West Mississippi Watershed Management Commission area and flows to the Mississippi River. The existing storm drainage system in the project area consists of a network of storm sewer pipes installed between approximately 1961 and 1978 and is generally undersized by today's standards. The surface water within this neighborhood flows overland to the underground storm drainage systems on 64th Avenue, 67th Avenue, 69th Avenue or Camden Avenue which flows to trunk storm drainage systems on 65th Avenue or 70th Avenue, eventually discharging into the Mississippi River. The trunk line on 65th Avenue consists of 72-inch and 78-inch reinforced concrete pipe installed in 1958. The trunk line on 70' Avenue consists of pipe ranging in size from 42-inch to 72- inch, reinforced concrete pipe installed in 1960. The storm drainage systems on 64th Avenue, Bryant Avenue and Camden Avenue consists of pipe ranging in size from 15-inch to 36-inch, reinforced concrete pipe installed between 1961 and 1969. A televising inspection of the existing storm sewer is currently being conducted and will further be evaluated during final design. A cursory review of the existing underground pipe network in this area found the pipe to be in fair to good condition with some isolated issues identified in several areas that warrant repair. There are several isolated areas within the project area that experience localized flooding due to the flat topography within the project area. Several comments from area residents indicated a lack of adequate drainage facilities within the neighborhood and were mostly related to standing water along the edge of the street and at driveways. However, no major flooding issues have been identified. B.PROPOSED DRAINAGE IMPROVEMENTS Storm sewer improvements will be made to the existing system that includes replacing/repairing catch basins and laterals where necessary. As indicated, the storm sewer system is to some extent undersized. A more complete system is proposed to be installed including multiple new trunk and lateral lines and catch basins in several areas (see Appendix C, Street and Storm Sewer Improvements Figure). This expansion of the drainage system and installation of additional pipes and catch basin structures will help minimize localized drainage problems. The existing storm sewer system within the street right-of-way will be reconstructed, but is not expected to include the replacement of the trunk storm sewer within Avenue and 69th Avenue. The condition of the trunk storm sewer pipes along 65th Avenue and 69th Avenue will be evaluated during final design to determine the remaining service life. Proposed water quality improvements include installing underground water treatment structures (grit chambers) that will remove sediment, litter and other suspended contaminants prior to discharging from the project area. Grit chambers will be placed at locations within the project area prior to storm sewer discharging from the neighborhood where feasible. Construction of a storm water treatment facility to treat regional storm water runoff prior to discharging to the Mississippi River will also be consider where feasible during final design. Other water quality improvements could potentially include installing infiltration BMP's within the street right of way. Additionally, infiltration basins (rain gardens) will be incorporated throughout the project area within the boulevard areas where adjacent property owners volunteer and agree to these gardens. An infiltration basin consists of a relatively small area of plantings within a constructed depression located behind the street curb. Rainwater is routed to the areas from the street gutter and infiltrates naturally by plants and soils in the garden. This infiltration process removes nutrients and pollutants. By Feasibility Report Firehouse Park Area Street and Utility Improvements Page 10 acting as a small detention pond, the rain garden plants and soils also provide a natural way of reducing the amount of runoff water that flows from rooftops, lawns, driveways and streets directly into the storm sewer system. The underground treatment chambers and infiltration basins are recommended for this project in certain areas to help meet the City's storm water treatment goals and requirements. V. SAMTARY SEWER SYSTEM A. EXISTING CONDITIONS The existing sanitary sewer collection system within the project area consists primarily of eight-inch diameter vitrified clay pipe (VCP) sewer mains, except on Aldrich Avenue, Bryant Avenue north of 67th Avenue and Camden Avenue which is eight-inch diameter Poly-Vinyl Chloride pipe (PVC). A majority of the sanitary sewer system was installed between 1961 and 1978. A sanitary sewer trunk line consisting of 12-inch diameter reinforced concrete pipe (RCP) and 8-inch and 10-inch diameter VCP pipe runs along 65th Avenue which was installed in 1 961 . Due to the age and materials used in the original construction of the sanitary sewer, over half of the sanitary sewer mains within the project area are subjected to frequent issues with root intrusion. Public Works crews must perform root sawing and jetting on an annual basis to maintain the system conveyance capacity and avoid sewer back-ups in many locations (see Figure 5). During the project planning phase, all public sanitary sewer pipes were inspected with remote televising equipment. These inspections confirmed that portions of the sanitary sewer have moderate to severe problems with root intrusion, sags and sections of cracked and broken pipe along pipe joints and at many services. Surveys received from residents also indicate some occurrences of sewer service line blockage that are often attributed to root penetration of the service pipe joints and connection points. Figure 4 illustrates a typical section of sewer pipe with moderate root intrusion problems. The project contains many segments of sanitary sewer that are in likewise or worse condition. Figure 4: Sanitary Sewer Line, Tree Root Intrusion - Colfax Avenue ig- B. PROPOSED SANITARY SEWER IMPROVEMENTS Complete replacement of the eight-inch diameter VCP sanitary sewer mains within the project area is recommended due to the extent of root intrusion, sags and cracked pipe within the collection system. It is recommended that the existing eight-inch PVC sanitary sewer mains are left in place. Also, lining of all the VCP sanitary sewer trunk lines within easements is recommended due to the age and pipe material of the collection system (see Appendix C, Sanitary Sewer and Water Main Improvements Figure). Isolated replacement of the problem areas is not cost effective. In accordance with past City Feasibility Report Firehouse Park Area Street rind Utility Improvements Page]] construction practice, individual service lines between the sewer main and the property line would also be replaced. Figure 5: Sanitary Sewer Root Saw Locations Legend Hi Root Saw Locations ---- Line Sanitary Sewer -+--- Replace Sanitary Sewer - Sanitary to Remain Private Sanitary AVE HT8TH LN \ j HI1flT LE ii dii it ilk % UI z 6GTHAVEN 1 I -:znI 'LT1' '1LT A64-TH AVE jcrn I OLT— ^. I ---- I CENTER Sanitary Sewer Root Saw Locations Firehouse Park Area Street and Utility Improvements Figure5 Feasibility Report Firehouse Park Area Street and Utility Improvements -- Page 12 •- z A.EXISTING CONDITIONS A majority of the water main within the project area consists of 6-inch and 8-inch diameter cast iron pipe (CIP) installed between 1961 and 1978. A 16-inch ductile iron pipe (DIP) water main was installed along 64th Avenue in 1973. The water main pipe velocities in the Firehouse Park Area are all relatively low due to low domestic demands in this residential area as confirmed by water distribution modeling. Minor water quality issues have been reported by residents. A majority of the existing water main in the project area is assumed to have a cement based internal liner, which was confirmed by three samples of pipe that were dug up and evaluated. There is a history of scattered isolated water main breaks within the project area. Corrosion rates have not been thoroughly documented within the project area; however, water records indicate that 21 water system breaks, 7 of which were leaks associated with service lines (see Figure 6). However, the water main is in fair to good condition and has not approached the end of its life cycle. B.PROPOSED WATER MAIN IMPROVEMENTS Recommended water main improvements include partial replacement (approximately 50%) of the existing cast iron water main with new ductile iron water main in segments where water main breaks have occurred and where the replacement of the adjacent sanitary sewer that is deeper than the existing water main (due to undercutting issues during construction). One section of water main through the Georgetown Park Townhomes is planned to have in-situ pipe lining installed to address previous break history issues (see Appendix C, Sanitary Sewer and Water Main Improvements Figure). In future years, nearer the end of the life cycle of the remainder of the water main that is not being proposed to be replaced (see Figure 6), considerations of in-situ pipe lining is expected to be evaluated as warranted that will preserve the new roadway that is being proposed as part of this current project. The proposed improvements also include replacement of valves, hydrants and water services extending from the water main in the street to the water curb stop located at the front property line. Replacement pipe materials include ductile iron pipe, which is more resistant to corrosion than cast iron pipe, and copper service pipe. Feasibility Report Firehouse Park Area Street and Utility Improvements Page 13 Figure 6: Water Main Break Locations Legend Water Main Break (•i Water Tower L Well Privately Owned Water Main (No Improvements) Water Main to Remain Replace Water Main (Break History) Line Water Main (Break History) Replace Water Main (Move into Roadway) Replace Water Main (Impacted by Sanitary Replacement) I U zLIC a:0 AVE 111z AVEN III z - Water Main Break Locations Firehouse Park Area Street and Utility Improvements Figure 6 ( Feasibility Report Firehouse Park Area Street and Utility Improvements Page 14 The City's Capital Improvement Program does not identify any improvements for Firehouse Park in 2018. It is anticipated that portions of the park will be utilized by the Contractor as a staging area, including the parking lot off from Bryant Avenue. These staging areas will need to be restored as part of the project, potentially including the pavement in the park parking lot off from Bryant Avenue. VIII.RIGHT-OF-WAY AND EASEMENTS Generally, all public infrastructure owned, maintained and operated by the City throughout the project area is located within City easements and/or right-of-way. It is anticipated that the City may need to obtain additional easements/right-of-way on 69th Avenue near TH 252 to accommodate the construction of a cul-de-sac turnaround. The identified easement needs will be further coordinated with the City Attorney and the property owner, which is owned by the Brooklyn Center Economic Development Authority. IX.ESTIMATED COSTS AND FUNDING CONSIDERATIONS The total estimated cost of the proposed project is $12,268,000.00. Table 1 provides a summary of the estimated project costs and recommended funding amounts from the various sources as indicated. Funding for the project is further described below. A. FUNDING FOR STREET IMPROVEMENTS The estimated project cost of roadway improvements for all streets in this project area is $5,800,000.00. This preliminary estimate includes the cost for project administration, legal, engineering and construction contingency. Special assessments for street improvements are proposed in accordance with the 2018 rates which are expected to be considered for adoption by the City Council on November 13, 2017. The standard 2018 residential street assessment rate is estimated to be $4,353 per Ri zoned residential property. This rate would be assessed to all benefitting single family residential properties within the project area (see Figure 7). For Ri properties which may be legally subdivable into two or more lots, the assessment to be applied shall equal the maximum number of lots allowable times the unity RI assessment. The lots located at 800 69 th Avenue, 711 691h Avenue and 6830 Colfax Avenue are all legally subdividable and would be assessed accordingly. The multi-family properties located at 700 66th Avenue (Georgetown Apartments), 6600 Camden Drive (Riverwood Townhomes), and vacant land with no address south of 67th Avenue at 5th Street (owned by Holiday Stationstores Inc.) are zoned R3 and would be assessed based on a per unit assessment based on the frontage rate, multiplied by the total feel of frontage and divided by the total number of units. The multi-family properties located at 407 70th Avenue, 1400 67 th Avenue, 1300 67 tAvenue, 1200 67th Avenue, 1401 67h 1 Avenue, 130167 th Avenue, 1121 67th Avenue and 6305 Camden Avenue would be assessed based on an area basis. An "A" zone benefit includes the area abutting the street to be improved, extended to the depth of 200-feet and a "B" zone of lesser benefit for the remainder of the property area. The "A" zone rate is based on assessing 70 percent of the total street project cost deemed to benefit the property and the "B" zone rate is based on 30 percent. Based on cost estimates for full street reconstruction, the full unit rate has been determined to be "A" zone rate of $0.3574 per square foot and a "B" zone rate of $0.1532 per square foot. It should be noted that historically the assessments have been levied based on estimated costs rather than actual costs, understanding that the project costs Feasibility Report Firehouse Park Area Street and Utility Improvements Page I) are levied at a reduced percentage (70 and 30 percents as indicated above). City owned properties are not proposed to be assessed. A total estimated special assessment amount of $1,511,157.11 would be levied for street improvements. The remaining street construction costs would be funded from the Street Reconstruction Fund and Municipal State Aid (MSA) Fund. A summary of the proposed special assessments for street improvements is provided in Appendix D. B.FUNDING FOR STORM DRAINAGE IMPROVEMENTS The total estimated cost for storm drainage improvements within the project area is $2,420,000.00. This preliminary estimate includes the cost for project administration, legal, engineering and construction contingency. Special assessments for storm drainage improvements are proposed in accordance with the 2018 rates which are expected to be considered for adoption by the City Council on November 13, 2017. The standard 2018 storm drainage special assessment rate is estimated to be $1,306 per RI zoned single family residential property within the project area (see Figure 7). The multi-family roperties located at 700 66 Avenue, 6600 Camden Drive and vacant land with no address south of 67 Avenue at 5th Street have been computed similarly to the street assessments. Storm sewer assessments for the multi-familyproperties located at 1407 70th Avenue, 1400 67th Avenue, 1300 67th Avenue, 1200 67th Avenue, 1401 67I Avenue, 1301 67th Avenue, 1121 67th Avenue and 6305 Camden Avenue have been computed similarly to the street assessments. Based on preliminary cost estimates for the storm sewer improvements, the full unit rate has been determined to be an "A" zone rate of $0.1492 per square foot and a "B" zone rate of $0.0639 per square foot. On this basis, a total estimated special assessment amount of $485,028.17 would be levied for storm sewer improvements. A summary of the proposed special assessments for storm drainage improvements is provided in Appendix D. C.FUNDING FOR UTILITY IMPROVEMENTS The estimated cost of sanitary sewer improvements is $2,240,000; the estimated cost for water main improvements is $1,658,000; and the estimated cost for street light replacement is $150,000. As previously noted, these total cost estimates include the costs for project administration, engineering, legal and construction contingency. All costs for water, sanitary sewer and street light improvements will be funded by their respective utility funds in accordance with established policy for such improvements. Feasibility Report Firehouse Park Area Street and Utility Improvements Page 16 Table 1: Cost and Funding 42CU) E 0 0 0. (N.Eo ) "-c r LL • U)(0 " > zI_ (0 4t0o • •'--'• cu I• E° >0) '-0 LL 0 0('I U)cE.OHU)LU 00 00 (N -0) 0 00 666 c00 --,0C 00 C) 0 (Z) 0) 0) c o CDCD6CDC) (0N 0) 0 - U) - 0 0) r-60 N- (N 00 00 (N.-00t100LU0 0)00 00 (0 -0000Qco0 LCCO)dcC) 0 00)000-0N- CD CO 00cdIt C) 0) C) ' 006CD0 cd(0N 0 CD[öoo 00000C!666000 6C)6C)C)000 0 0 CDU) CsJ.-10 0U)6(C) 0)0)U)0)U))(C) OcDO000 CD0 CD0 CDCD o 6000000CD0CD0CD0 WE(US 00oic5i-C')0 cc) (0 C', U)6(C) 0)(C)0)(A 000 CD 0 CD000CD 0 0000000 0 CDCDCD C)00 C)0CD . •-:6r$(0(00)6 6 6 U)CO--N OIL (N0)uU0 (N C'C' co Lc^L6 !i ca m E U)_J -6 U) O - C)) o C W 0 E U0U LnC))0 0) U)"-'>C0)()]'l 0 LL In co 2 C))0 U)O v —C)WU)VU)l0 C C 0 C)) UJ 0 E o)D 'JtDJo •(/)w0)0)W0)U • U)0 U)0 Feasibility ReportRepoi't Firehouse Park Area Street and Utility Improvements Page 17 Figure 7: Assessment Map Legend Proposed Single Ri Assessment Proposed R5 Assessment I Proposed Multiple RI Assessment - - City Ov.ned Properly Proposed R3 Assessment Prevously Assessed Proposed R4 Assessment Other Parcels 69TH AVE NT1iiin --'\ 1CBTHLNN S1 0", -- nPTflfl8 lcsoii €8031 Ed Ila LIUUJ- i— L—i 0300 1200I )6?j 1301 I 1171 esce L I 401 - \ \ \ - - G9TH AVE N —? \ 43 -1684.5 621 I [, [ -i I a 027 o ff -__i I C:1 r 252 roll [i eo2o 8 ' 6743 6742T6V3 68 b '1371 €73e 37\67\ 673e1/ ED r730 67I 6030 / 6731 6731 I 6730 6Th7 —6>7 672-1 6725 I - - -- — -Im -J13725 >1 6724 16725 16,I9)'i7ls67lg _41 6794 6710 672.1 C724Ie774p/ imI:707\z. eh4670. 0600<—t1lz \moeiei\ /6 7oo 6 76l e7esiess, 6,co 67 06i \\ \ G7TH AVE N -_-\-- \l \ 'I _i27i\0.- i-1 r\\'\ \ °°C63 \ 6000 FH AVEN 624 I: If bOOS 4 €O?4j /r FREEWAY BLVD I C.143 1307 I lJOi I 12071 6173 4 I Lø r3e--;_--i 6430 6437 II{ 11006431 G) 6430'—_ 'nrs-j 1100 Ii ^,q 614 1,R 6018 I I > 64126410 113lL64i2IC'-- ----1---- --------_-I / / ml 6406 6407 rn 6438 I 6407 <r-0404 60064\ zI ii fl 64T1-tAVEN I6342LGO4O/, 6332343f ¶15i1 tI0336 z 0330 (1231 I 6335/6331 370 163311 E 1 36', 111-13 6-030 l60o 6422 6429 It%'-" 126-1I5I 6305wol^ 6406 60oII6 0 wol Assessment Map Firehouse Park Area Street and Utility Improvements November 2017 Feasibility Report Firehouse Park Area Street and Utility Improvements Page 18 L. ti IkI]YAk'A I aii IJDI II ttii (II I[I1 I I M 1)11 R Table 2 is the preliminary schedule for the project. Table 2. Firehouse Park Area Reconstruction Project - Schedule Action Target Date City Council Receives Feasibility Report, Declares Cost to be November 13, 2017Assessed and Calls for Public Hearings City Council Holds Public Hearing, Authorizes the Project and December 11, 2017Orders Preparation of Plans and Specifications City Council Approves Plans and Specs, and Authorizes January 2018Advertisement for Bids City Receives and Opens Project Bids March 2018 City Council Considers Award of Contract March/April 2018 Start Project Construction April 2018 Construction Substantially Complete October 2018 4Iki[SJ tIJI (S]IL'I 1 1 D[I1S]h5 LU aII t7I U O]F The overall condition of the City's street and utility infrastructure systems is critical to the operation, safety, welfare and economic health of the entire community. As a result of the infrastructure needs described and the proposed solutions and estimated costs provided in this report, the proposed project is considered to be necessary, cost effective and feasible. Feasibility Report Firehouse Park Area Street and Utility Improvements Page 19 Complete Streets Worksheet Feasibility Report Firehouse Park Area Street and Utility Improvements City of Brooklyn Center Complete Streets Policy J1I1TSI1A Complete T This Complete Streets Worksheet is intended to serve as a guide when reviewing a roadway's ability to accommodate all modes of transportation (pedestrian, bicyclists, transit riders, freight, and automobiles) and people of all abilities in a cost-effective manner, while promoting safe operation for all users. Complete streets address the design of the entire street right-of-way to determine the best allocation of space between the various transportation modes. Complete streets may be achieved through single projects or incrementally through a series of smaller improvements or maintenance activities over time. This worksheet was developed to facilitate implementing the complete streets process and to help sort through potentially conflicting modal priorities. The worksheet is also available in an electronic format that allows responses to by typed directly into the worksheet. Please reference the following materials when filling out the checklist: • City and/or County Comprehensive Plans that cover the project area • Transportation Plans that cover the project area (e.g., City, County, and/or State) • Bicycle or Pedestrian Master Plans that cover the project area (e.g., City, Park district, County, and/or State) • City and/or County ADA Transition Plans that cover the project area • Area specific studies • A Policy on Geometric Design of Highways and Streets (AASHTO "Green Book") • AASHTO Guide for the Development of Bicycle Facilities, 4th Edition • MnDOT Bikeway Facility Design Manual • Minnesota Manual on Uniform Traffic Control Devices (MMUTCD) • ADA Accessibility Guidelines (ADAAG) • Proposed Rights-of-Way Accessibility Guidelines (PROWAG) • Hennepin County Complete Street Policy • State of Minnesota Complete Street Policy Complete Streets Policy Adopted by City Council June 24, 2013 Project Location City of Brooklyn Center (municipality): City of Brooklyn CenterRoadway Jurisdiction: Project/Roadway Name:Firehouse Area Street and Utility Improvements Project Start Paint: Improvement area consists of properties bounded between Humboldt Ave to TH 252, from 1-694 Ave to 70th Ave, excluding Dupont Ave and 65th Ave. Project End Point:See project area map in feasibility report. Project Manager Mike Albers, City of Brooklyn Center Define Existing and Future Land Use and Urban Design Context 1.Do any adopted plans call for the development of bicycle, pedestrian, transit or roadway facilities on, crossing, or adjacent to, the proposed project? If yes, list the applicable plan(s). Guidance: Possible sources of this information include Comprehensive Plans, Transportation Plans, Bicycle or Pedestrian Master Plans or area-specific studies developed by applicable City County and/or State Agencies. No 2.Are there any local, county, statewide or federal policies that call for incorporating multimodal facilities? Guidance: Policies at the state and federal level may impact a project due to funding sources. NA A-2 COMPLETE STREETS IMPLEMENTATION RESOURCE GUIDE 3.Describe the study area. Guidance: What are the predominant land uses along the corridor? What is the community character? (e.g., tree-lined streets, historic, new development) Are there any planned redevelopment areas in the project area? The project area consists of approximately 4.1 miles of streets and utilities. The project's neighborhood consists of approximately 285 residential properties that are zoned "RI", 2 sub-dividable residential property that is zoned "RI ", 1 church property that is zoned "RI", 3 multi-family properties that are zoned "R3", I multi-family property that is zoned "R4" and 7 multi-family properties that are zoned "R5". 4.What trip generators (existing and future) are in the vicinity of the project that might attract walkers, bikers or transit users? Guidance: For example, large employers, downtown or shopping districts, schools, parks, community centers, medical centers, transit stations, government buildings and senior care facilities. The project area includes 1 City park (Firehouse Park) and I school property (Brooklyn Center High School) adjacent to the project. Define Existing and Future Transportation Context 5. Describe existing and projected modal volumes, if available. Ilk Local Streets: low volume Local Streets: low volume Average Daily Traffic 67th Avenue (2015): 950 67th Avenue (2038): 980 Not Available Not Available Pedestrian Counts Not Available Not Available Bicycle Counts Not Available Not Available Truck Volumes NA NA Transit Volumes APPENDIX A: COMPLETE STREETS WORKSHEET A-3 6. Existing vehicle speed conditions. a.What is the posted speed limit for the project and associated intersecting streets? 30 mph per state statute (Local streets), posted 30 mph on 65th Avenue and Dupont Avenue b.Provide speed data, if available. Local streets range between 25.0 mph and 38.7 mph (2015) c. Are excessive speeds an issue in the project area? Typical low volume residential street speeds. Higher speeds on Dupont Avenue and 65th Avenue. 7. Describe crash data, if available, and known conflict locations. Guidance: Crash data will likely not be available for pedestrians and bicycles. Crash trends and known conflict points should include neighborhood input and antidotal data, such as areas of known "near misses", or areas where seasonal activities cause safety issues, such as sports arenas or fairgrounds. MAM 6;! 34 throughout 1/1/06-11/5/17Vehiclesthe neighborhood 1 1/1106-1115/17Pedestrians none 1/1106-1115!17Bicycles a.Are there any crash trends between specific modes? There are no crash trends between specific modes. b.Are there known conflict points between specific modes? No A-4 COMPLETE STREETS IMPLEMENTATION RESOURCE GUIDE 8. Describe Classifications. a.What is the road functional classification? All streets within the project area are designated as Local Streets, except 67th Avenue, west of Dupont Avenue, which is designated as a Municipal State Aid Route. b.Does the street cross any high functional classification roads? (yes/no) If so, please list. Yes: The north boundary of the project is 69th/70th Avenue which is a collector, 65th Avenue which is in the middle of the project is a collector and Dupont Avenue which is in the middle of the project is a collector c. Does the roadway have other classifications (e.g., truck route, transit route, bicycle route, emergency vehicle route)? (yes/no) If so, please list. Yes: 67th Avenue is a Municipal State Aid (MSA) Route. 65th Avenue, 69th Avenue and Dupont Avenue, which are excluded from the project are also MSA Routes and a Metro Transit bus routes 9. Sketch in or attach the existing cross-section(s). Guidance: The existing cross-section should include the full right-of-way and be clearly dimensioned. Additional cross-sections are advisable to illustrate specific situations or if corridor segments greatly vary. R.O.W. - 15' 15' Q 15' 15' BLVD TRAVEL LANE/PARKING I TRAVEL LANE/PARKING BLVD A-5 1 0. What multimodal accommodations exist in the project and on streets that it intersects? Guidance: Multimodal accommodations may include transit routes, sidewalks, trails, and designated on-street bicycle facilities, such as bike lanes, sharrows or signed bike routes. Concrete sidewalk exists along both sides of 69th Avenue from 70th Avenue to Bryant Avenue. No other sidewalks exist on the roadways proposed to be reconstructed. Adjacent to the project area, concrete sidewalk exists along both sides of 65th Avenue, Humboldt Avenue, and Dupont Avenue from 194 to 67th Avenue. Concrete sidewalk exists along the east side of Dupont Avenue from 67th Avenue to 69th Avenue. Bituminous trails exist in Firehouse Park. 11.If there are no multimodal accommodations, how far away are the closest parallel facilities? Guidance: Designated transit routes or bikeways may not exist within the community, and therefore, may not be applicable. NA 12.What multimodal amenities exist in the project? Guidance: multimodal amenities may include benches, bike racks/lockers, trash receptacles, crosswalks, traffic signals, mature tree canopy, transit stops/shelters, and wayfinding signage. Firehouse Park amenities: Picnic shelter, playground equipment, 2 softball fields (unlit), basketball court, bituminous trails, trash receptacles and mature trees. 13. Describe any particular user needs/challenges along the project corridor that you have observed or have been informed of. Guidance: User needs may consist of lack of facilities (worn dirt pathways), traffic congestion, difficulty accessing bus stops or sidewalks due to snow piles at intersections, at-grade crossings of railroads or high volume roadways, and steep terrain. Several comments from area residents indicated this lack of adequate drainage facilities within the neighborhood and were mostly related to standing water along the edge of the street and at driveways. A-o - - --., 14.Are the existing facilities ADA and PROWAG compliant? Guidance: Reference resources include the ADA Accessibility Guidelines (ADAAG), Proposed Rights-of-Way Accessibility Guidelines (PROWAG), and MnDOT Accessibility Design Tools website. No: The existing sidewalks along 65th Avenue and Dupont Avenue generally have pedestrian curb ramps within the project area. The pedestrian curb ramps will be reviewed for compliance and will be replaced with truncated dome detectable warning systems in compliance with the Americans with Disabilities Act (ADA) at each crosswalk location throughout the project as necessary. 15.Based on the land use and transportation context analysis, describe existing and anticipated future deficiencies to full multimodal transportation that the project could/should address. N/A 16.Develop objectives regarding how multimodal facilities will be integrated into the project and how identified deficiencies will be addressed. Guidance: The objectives will form the basis for the street design. -Ensure that the needs and safety of pedestrians, bicyclists, motorists, and transit riders of all ages and abilities are taken into account in the design and operation of roads. -Pedestrian curb ramps should be constructed throughout the project at each crosswalk location with truncated dome detectable warning systems in compliance with the Americans with Disabilities Act (ADA). / . ....... ...... ......O 17.Complete the following questions if your community has developed Area Typologies and Street Typologies (See page 21, "Roadway Classification versus Settings" for a description of area and street typologies.) Guidance: If applicable, list document that contains your agency's Area Typologies and Street Typologies a.What is the recommended Area Typology? NA b.What is the recommended Street Typology? A-7 1 8. Sketch in or attach the initial cross-section(s) that depicts desired street elements. Guidance: Initial cross-section should be clearly dimensioned and indicate any additional right-of-way required. Additional cross-sections are advisable for specific situations or if corridor segments greatly vary. 60' I at 6' 15' Q 15' 5 6' I 1' . TRAIL BLVD . TRAVEL LANE/PARKING I TRAVEL LANE/PARKING BLVD . WALK 19.Describe any constraints associated with the initial cross-section. Guidance: Potential constraints include lack of right-of-way, existing structures, existing mature trees or environ- mental features, topography or number of driveways. Potential constraints would be the number of existing mature trees and landscaping in the right-of-way, number of driveways, increase in impervious surface area and limited right-of way space. 20.Sketch in or attach alternative cross-sections. Guidance: Alternative cross-sections should be modifications of the initial cross-section that respond to identi- fied constraints. All modes should receive equal consideration and accountability in the development of alternatives. 60' 15' 15' 15' 8 6' BLVD TRAVEL LANE/PARKING I TRAVEL LANE/PARKING BLVD . WALK A-8 .---..• 21.Describe tradeoffs associated with the alternative cross-sections. Guidance: Examples of tradeoffs include removal of mature vegetation, narrower travel lanes, removal of on-street parking (one or both sides), right-of-way acquisition costs, and provision of bikeway facility on an adjacent parallel street. Alternative cross-section would provide a concrete sidewalk for pedestrian traffic. Potential constraints would be the number of existing mature trees and landscaping in the right-of-way, number of driveways, limited right-of way space and increased impervious surface. 22.Sketch in or attach the selected cross-section(s). Guidance: Selected cross-section should be clearly dimensioned and indicate any additional right-of-way required. Additional cross-sections are advisable for specific situations or if corridor segments greatly vary. W. 60' 15' 15' Q 15' 8 6' L_.1BLVD TRAVEL LANE/PARKING I TRAVEL LANE/PARKING BLVD WALK A Concrete sidewalk could be constructed on the north side of 69th Avenue between Bryant Avenue and TH 252, as shown above. A Concrete sidewalk could be constructed on the south side of 67th Avenue between Dupont Avenue and Humboldt Avenue. This potential sidewalk segments could connect the existing sidewalks to the multi-family properties. These potential sidewalk locations will be reviewed during final design if directed by the City Council. Based on a survey of the neighborhood, a majority of the property owners do not feel the neighborhood needs additional sidewalks or trails. All other streets are proposed to be constructed without trails or sidewalks. 23. If the project does not accommodate all modes, list reasons why facilities for that mode are not provided. Guidance: For example, the cost of the facility will be disproportionately high in relation to number of projected users; adequate right-of-way does not exist and acquisition of additional right-of-way would create adverse impacts to valued community assets; a bikeway facility is being planned on an adjacent parallel route that can service bicyclists' needs. Providing a trail/sidewalk facilities on all streets would require mature tree removal and increase the impervious surface area. All of the streets in the project area are local streets with low traffic volumes. Trail/sidewalk facilities on all streets would be out of character for this neighborhood. A-9 24.Identify project milestones, roles and responsibilities for project implementation City Council Conduct Public Hearing I Order Plans: December 11, 2017 City Council Approve Plans/Authorizes Advertisement for Bids: January 2018 City Council Accept Bids/Award Project: March/April 2018 Begin Construction: April 2018 Substantial Completion: October 2018 25.How will access for all modes be maintained during project construction? Guidance: Reference resource includes MnDOT Context Sensitive Solutions (CSS) Webinai Maintaining Pedestrian Access Through Construction & Maintenance Work Zones A drivable street will be maintained at most times during the construction. The exception would be during the installation/repair of the City utilities and reconstruction of the existing roadway, when access may be cut off for a limited period of time. Even during those activities, though, access will be restored by the end of each day. Access to the sidewalk system will be available for the majority of the construction project. However, the main interruption to access of the sidewalks will be during the replacement of deficient sections of sidewalk. For this work, access will not be available for approximately 7-10 days while the concrete cures. 26. Facility Maintenance a.What agency will be responsible for on-going maintenance for each mode? City of Brooklyn Center - Public Works Department will be responsible for on-going maintenance for the streets, sidewalks and trails. b.What specific seasonal and long-term maintenance is needed for each mode? Maintenance activities typically include patching, sealcoating, crack sealing, sweeping, minor sidewalk repair, and the cost of operating and maintaining the park improvements. A-1O 1 '11 1 ONEJOU&I Mgl^^ Resident Questionnaire Resident Comments Feasibility Report Firehouse Park Area Street and Utility Improvements QUESTONNAfflE 20 1Firehouse Park Area Reconstruefion Project This questionnaire will help the City of Brooklyn Center Engineering staff to better understand the infrastructure needs and issues in your neighborhood. This survey can be returned in person or by mail to: City of Brooklyn Center/Engineering Division, 6301 Shingle Creek Parkway, Brooklyn Center, IVIN 55430; by fax at 763-569-3440; or by email at: publicworks@ci.brooklyn-center.rnn.us . Please return this survey by September 8, 2017. You may also contact us at 763-569-3340 to discuss these issues. Please be advised we will contact you in the near future via mail regarding a meeting which will be held this fall. At the meeting we will gather additional information and solicit your input. Thank you for your cooperation in providing this important survey! Contact Information: Name: Address: Email Address: Phone Number: 2.Our televised sewer inspections typically identify sanitary sewer services with moderate to severe root infiltration. Have you experienced any problems with sanitary sewer service, such as the line plugging or having the service cleaned out to the street? If yes, how often? 3.Typically, improvements to the storm drainage system are needed. Do you have a problem with drainage or flooding in the street, your yard or basement? 4. Do you experience problems relating to the water distribution system such as water pressure, taste, odor or color? Do you have a lawn irrigation (or sprinkler) system located within your property? Please circle one: Yes No (OVER) 6. Do you have a sump pump in your basement? Please circle one: A. Yes, my sump pump runs frequently (at least once every day) B.Yes, my sump pump runs less frequently C.No, I do not have a sump pump or do not use my sump pump D. Unknown Do you have draintile on you property? Please circle one: A. Yes, it drains to the yard B.Yes, it connects to the storm sewer system C.No, I do not have draintile on my property. D. Unknown 8.A rain garden is simply a sunken" flowerbed, designed to retain and infiltrate as much storm water as possible. The benefit to the environment is the reduction in the amount of storm water entering our ponds, lakes and streams. If it is feasible to do so, do you wish to have a rain garden placed in the boulevard on your property? (If interested, further rain garden information will be provided this winter.) Please circle one: Yes No Maybe 9.The City's policy pertaining to sidewalk improvements is that sidewalks are not typically installed on local "residential" streets unless the City Council orders the construction of sidewalks when such construction is warranted. Do you feel your neighborhood needs additional sidewalks? Please circle one: Yes No If yes, where? 10.The City's policy pertaining to the spacing of existing street lights is to provide for lighting at intersections and at mid-block locations where spacing exceeds 700 feet. Do you feel your neighborhood needs additional street lighting? Please circle one: Yes No If yes, where? 11.What other concerns, comments and/or issues do you have pertaining to the streets, sidewalks, utilities, etc., in your neighborhood? Should you have questions or need more information, please contact the Engineering Division at 763-569-3340. 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(3 _22?.I 0022 02 02 02 02 Z Z Z .0 0Z =C 0 ED 33).. 0. 0 I 22'. 22 (3 0 2222(3((3 022 22 N 0 022000a22 0C3) 00 ((3 C)0 (33 00(30.00 LI. CD Z aa ED 2 - — 0O z0 0000 flOOCU C)C 400 Eor 0o• z 0 C'-0 0)'C 00) I =,9C M - m0) 0 00) C-0) 0.0 00 0^C (U C00 0 o(0 2 Z..C_(UUU C —0)C)*0 0o 00) 00 )-Z2o. N =0C 0,z C0 0.E a-a- 0 0D(I 2 2 U) E0 U) 0 C co 2 02 -'€o 0CUC :- •CU C)90) C') 0)2oo2Z Zt 0) 0)) C o - o .9 82 E rivoll"'! IMPKInm^ k, I I Project Drawings: Street and Storm Sewer Improvements Figure Sanitary Sewer and Water Main Improvements Figure Feasibility Report Firehouse Park Area Street and Utility Improvements h b ! nI. I. I - -HII ' !-.iy / I II JA Poll NkVGX It I IFf- #i ( 'T_ J / F I\- H ?)L14- I I I / 4ii1 I IH - - l - Li r 121L r 4 I - ( I 1 / Th 7 tij r H I c-) (Th) L IE_i1k1 f; iiPI( LL / :' / I - ) f (J -, 1 E F - P7 1L II a^iLvvs v, CtAl In1 1\qvt I 'P' I i) - - I I I II I L - j - - ('Ny 4 !! I ( - NI ok - \LJ k -- o j U r Li ' kUJ t) (I1 ij It- if - - - --- L t I r k Ii Cal Y&c) TL!(L •1 I - ; I / L 41,\ I IL it It I I 1Lfl yl \I ) ui F I k- y1 ' H H H •1 ii pji rg 1 (ictC LI/J Aff LL LD PY -7717 i 3 I vI - ('TH r / I - - I \ \I B ) / 1 / iq! - I H -7- I 'Lr a IL ) /( ---- _1 f(\q/ ' 7 ,LJ / I --' = i 1' ( 1 uI ) I Ilk p J M"I =1, Cut =I , DRAFT Proposed Pending Assessment Roll Feasibility Report Firehouse Park Area Street and Utility Improvements CITY OF BROOKLYN CENTER PROPOSED PENDING ASSESSMENT ROLL November 13, 2017 2018 FIREHOUSE PARK AREA RECONSTRUCTION 0 IMPROVEMENT PROJECT NOS. 2018-01 AND 02 V00 PROPERTY ID HOUSE STREET NAME VY#STREET LEVY#STORM NOTES 3611921120045 706 5TH ST N 19775 $ 4353.00 19776 $ 1,306.00 3611921120046 6 707 5TH ST N 19775 $ 4,353.00 19776 $ 1,306.00 3611921120054 6712 5THSTN 19775 4,353.00 19776 $ 1,306.00 3611921120057 6713 5THSTN 19775 4,353.00 19776 $ 1,306.00 3611921120053 6720 5THSTN 19775 4,353.00 19776 $ 1,306.00 3611921120056 6721 5THSTN 19775 4,353.00 19776 $ 1,306.00 1 3611921120055 6725 5THSTN 19775 4,353.00 19776 $ 1,306.00 3611921120052 6726 5THSTN 19775 4,353.00 19776 $ 1,306.00 36 1120044 6730 5THSTN 19775 4,353.00 19776 $ 1,306.00 3611921120039 6731 5THSTN 19775 4,353.00 19776 $ 1,306.00 21120023 6736 5THSTN 19775 4,353.00 19776 $1,306.00 3611921120075 6737 5THSTN 19775 4,353.00 19776 $1,306.00 3 -611921310032 1001 65TH AVE N 19775 4,353.00 19776 $1,306.00 3611921320090 1207 65TH AVE N 19775 4,353.00 19776 $1,306.00 3611921320032 1301 65TH AVEN 19775 4,353.00 19776 $1,306.00 3611921320038 1307 65TH AVE N 19775 4,353.00 19776 $1,306.00 3611921240047 700 166TH AVE N 19775 $28,585.28 19776 $8,576.22 Multi Family R3, Frontage Rate, 492.51-ft 3611921130026 419 67TH AVE N 19775 $4,353.00 19776 $1,306.00 3611921120021 420 67TH AVE N 19775 $4,353.00 19776 $ 1,306.00 11921120062 500 67TH AVE N 19775 $4,353.00 19776 1,306.00 3611921240013 811 67TH AVE N 19775 $4,353.00 19776 1,306.00 11921220053 1100 67TH AVEN 19775 $4,353.00 19776 1,306.00 3611921220052 1112 67TH AVE N 19775 $4,353.00 19776 1,306.00 3611921220046 1121 67THAVEN 19775 $21,683.64 19776 $9,051.84 Multi Family R5 (A)59,107.00Sf,(13)3,647.54Sf 3611921220041 1200 67THAVEN 19775 $21,013.67 19776 $8,772.26 Multi Family R5 (A)58,062.03Sf,(13)1,712.16sf 3611921220040 1300 67THAVEN 19775 $30,376.75 19776 $12,679.86 Multi Family R5 (A)75,576.75Sf,(8)21,968.81Sf 3611921220045 1301 67THAVEN 19775 $31,197.96 19776 $13,022.73 Multi Family R5 (A)78,290.71Sf,(13)20,997.80sf 3611921220039 1400 67THAVEN 19775 $10,154.59 19776 $4,238.74 Multi Family R5 (A)25,340.34Sf,(B)7,166.76Sf 3611921220044 1401 67THAVEN 19775 $10,123.20 19776 $4,225.65 Multi Family R5 (A) 25,327.12 sf, (B) 6,992.77 Sf 3611921210120 718 68THLAN 19775 $ 4,353.00 19776 $ 1 ,306.00 3611921120033 419 69TH AVE N 19775 $ 4,353.00 19776 $ 1,306.00 2511921430001 420 169TH AVE N 19775 $ 4,353.00 19776 $1,306.00 3611921120031 421 69THAVEN 19775 $ 4,353.00 19776 $ 1,306.00 3611921120036 501 69THAVEN 19775 $ 4,353.00 19776 $ 1,306.00 3611921120037 507 69THAVEN 19775 $ 4,353.00 19776 $ 1,306.00 36119212I0105 701 69THAVEN 19775 $ 4,353.00 19776 $ 1,306.00 3611921210117 707 69THAVEN 19775 $ 4,353.00 19776 $ 1,306.00 3611921210119 711 69TH AVE N 19775 $ 8,706.00 19776 $ 2,612.00 Subdividable RI = 2 equivalent parcels 2511921340021 720 69TH AVE N 19775 $ 4,353.00 19776 $ 1,306.00 2511921340020 800 69TH AVE N 19775 $ 8,706.00 19776 $ 2,612.00 Subdividable RI = 2 equivalent parcels 3611921210113 801 69TH AVE N 19775 $ 4,353.00 19776 $ 1,306.00 3611921210114 811 69TH AVE N 19775 $ 4,353.00 19776 $ 1,306.00 2511921340003 816 69TH AVE N 19775 19776 3611921210004 821 69TH AVE N 19775 $ 4,353.00 19776 $ 1,306.00 2511921340005 824 69TH AVE N 19775 $ 4,353.00 19776 $ 1,306.00 2511921430049 407 70TH AVE N 19775 $ 52,378.19 19776 21,861.41 Multi Family R4 (A)112,451.59 Sf, (B) 79556.08 Sf 611921210096 6700 19775 $ 4,353.00 776 1,306.00 611921210083 6701 ALDRIC 19775 $ 41353.00 776 1,306.00 611921210095 6706 ALDRICE AVE ALDRIC 19775 $ 4,353.00 776 1,306.00 611921210084 6707 ALDRIC 19775 $ 4,353.00 19776 1,306.00 3611921210094 6712 ALDRIC 19775 $ 4,353.00 19776 1,306.00 3611921210085 6713 ALDRICH AVE N 19775 $ 4,353.00 19776 1,306.00 CITY OF BROOKLYN CENTER PROPOSED PENDING ASSESSMENT ROLL November 13, 2017 2018 FIREHOUSE PARK AREA RECONSTRUCTION IMPROVEMENT PROJECT NOS. 2018-01 AND 02 PROPERTY ID HOUSE STREET NAME LEVY# STREET LEVY# STORM NOTES I 3611921210093 6718 ALDRICH AVE N 19775 $ 4,353.00 19776 $ 1,306.00 611921210086 6719 ALDRICH AVE N 19775 $ 4,353.00 19776 $ 1,306.00 611921210092 6724 ALDRICH AVE N 19775 $ 4,353.00 19776 $ 1,306.00 611921210087 6725 ALDRICH AVE N 19775 $ 4,353.00 19776 $ 1,306.00 611921210091 6730 ALDRICH AVE N 19775 $ 4,353.00 19776 $ 1,306.00 611921210088 6731 JALDRICH AVE N 19775 $ 4353.00 19776 $ 1,306.00 3611921210090 6736 JALDRICH AVE N 19775 $ 4,353.00 19776 $ 1,306.00 3611921210089 6737 JALDRICH AVE N 19775 $ 4,353.00 19776 $ 1,306.00 3611921210124 6800 JALDRICH AVE N 19775 $ 4,353.00 19776 1,306.00 3611921210107 6801 JALDRICH AVE N 19775 $ 4,353.00 19776 1,306.00 3611921210123 6806 JALDRICH AVE N 19775 $ 4,353.00 19776 1,306.00 3611921210108 6807 JALDRICH AVE N 19775 $ 4,353.00 19776 $ 1,306.00 3611921210122 6812 JALDRICH AVE N 19775 $ 4,353.00 19776 $ 1,306.00 3611921210109 6813 ALDRICH AVE N 19775 4,35100 19776 $ 1,306.00 3611921210110 6819 ALDRICH AVE N 19775 4,353.00 19776 $ 1,306.00 3611921210111 6825 ALDRICH AVE N 19775 4,353.00 19776 $ 1,306.00 36 1210112 6831 -LDRICH AVE N 19775 4,353.00 19776 $ 1,306.00 36119 21310016 6331 BRYANT AVE N 19775 4,353.00 19776 1,306.00 36119 21310042 6337 BRYANT AVE N 19775 4,353.00 19776 1,306.00 361 1921310002 6401 -RYANT AVE N 19775 $ 4,353.00 19776 1,306.00 36 11921310001 6407 IBRYANT AVE N 19775 $ 4,353.00 19776 1,306.00 36 11921310025 6415 IBRYANT AVE N 19775$ 4,353.00-19776 1,306.00 36 11921310024 6421 1 BRYANT AVE N 19775$ 4,353.00-19776 1,306.00 36 11921310023 6429 IBRYANT AVE N 19775$ 4,353.00-19776 1,306.00 36 11921310022 6435 IBRYANT AVE N 19775 $ 4,353.00 19776 1,306.00 36 11921310021 6443 1 BRYANT AVE N 19775 4,353.00 19776 1306.00 36 11921310020 6449 IBRYANT AVE N 19775 4,353.00 19776 $ 1,306.00 36 11921240027 6506 1 BRYANTAVE N 19775 4,353.00 19776 $ 1,306.00 611921240026 6514 IBRYA NTAVEN 19775 $ 4,353.00 19776 $ 1,306.00 611921240025 6520 -YANT AVE N 19775 $ 4,353.00 19776 $ 1,306.00 611921240024 6526 -RYANT AVE N 19775 $ 4,353.00 19776 $ 1,306.00 611921240023 6532 -RYANT AVE N 19775 $ 4,353.00 19776 1,306.00 3611921240022 6538 IBRYANTAVE N 19775 $ 4,353.00 19776 1,306.00 3611921240021 _ 6544 1 BRYANT AVE N 19775 $ 4,353.00 19776 $ 1,306.00 3611921240020 6600 BRYANTAVEN 775 4,353.00 19776 $ 1,306.00 3611921240009 -RYANT AVE N 19775 4,353.00 19776 $ 1,306.00 3611921240019 6606 _BRYANT AVE N 19775 4,353.00 19776 $ 1,306.00 3611921240006 6611 BRYANT AVE N 19775 4,353.00 19776 $ 1,306.00 361192 1240018 6614 -RYANT AVE N 19775 4,353.00 19776 1,306.00 361 l921240017 6620 -RYANT AVE N 19775 $ 4,353.00 19776 1,306.00 611921240004 6625 -RYANT AVE N 19775 $ 4,353.00 19776 1,306.00 36 11921240016 6626 -RYANT AVE N 19775- $ 4,353.00 19776 1,306.00 36 11921240015 6632 -RYA 9775- $ 4,353.00 19776 1,306.00 36 11921240014 6638 BRYANT AVE N 19775- 4,353.00 19776 1,306.00 36 11921240051 6639 BRYANT AVE N 1 775 4,353.00 19776 $ 1,306.00 36 11921240052 6645 BRYANT AVE N 1 775 4,353.00 19776 $ 1,306.00 611921210082 6700 BRYANT AVE N 19775 $ 4,353.00 19776 $ 1,306.00 611921210075 6701 YANTAVEN 19775 $ 4,353.00 19776 1306.00 611921210081 6706 BRYANT AVE N 19775 $ 4,353.00 19776 1,306.00 611921210074 6707 BRYANT AVE N 19775 $ 4,353.00 19776 1,306.00 3611921210080 6712 BRYANT AVE N 19775 $ 4,353.00 19776 1,306.00 3611921210073 6713 BRYANT AVE N 1 775 4,353.00 19776 1,306.00 361192 1210079 6718 BRYANT AVE N 19775 4,353.00 19776 $ 1,306.00 361192 1210072 6719 BRYANT AVE N 19775 4,353.00 19776 $ 1,306.00 3611921210078 6724 BRYANT AVE N 19775 4,353.00 19776 $ 1,306.00 361 1921210071 6725 BRYANT AVE N 19775 4,353.00 19776 $ 1,306.00 361 1921210077 6730 BRYANT AVE N 19775 . 4,353.00 19776 1,306.00 36 11921210070 6731 BRYANT AVE N 19775 $ 4,353.00 19776 1,306.00 36 11921210076 6736 BRYANT AVE N 19775 $ 4,353.00 19776 1,306.00 36 11921210069 16737 1 BRYANT AVE N 19775 $ 4,353.00 19776 1,306.00 11921210068 6743 RYANT AVE N 19775 $ 4,353.00 119776 1,306.00 _________________________ 36 11921210012 6800 RYANTAVEN 19775 $ 4,353.00 19776 1,306.00 _________________________ CITY OF BROOKLYN CENTER PROPOSED PENDING ASSESSMENT ROLL November 13, 2017 2018 FIREHOUSE PARK AREA RECONSTRUCTION 0IMPROVEMENT PROJECT NOS, 2018-01 AND 02 PROPERTY ID HOUSE STREET NAME LEW#STREET LEW#STORM NOTES 611921210028 6801 BRYANT AVE N 19775 $ 4353.00 19776 1306.00 611921210029 6805 BRYANT AVE N 19775 $ 4,353.00 19776 1306.00 611921210011 RYANT AVE N 19775 $ 4,353.00 19776 1,306.00 611921210030 6811 BRYANT AVE N 19775 4,353.00 19776 1,306.00 611921210010 6816 B YANT AVE N 19775 4,353.00 19776 $ 1,306.00 611921210031 6817 BRYANTAVE N 19775 4,353.00 19776 $ 1,306.00 611921210032 6823 BRYANT AVE N 19775 $ 4,353.00 19776 $ 1,306.00 3611921210007 6824 BRYANT AVE N 19775 4,353.00 19776 $ 1,306.00 3611921210033 6831 BRYANT AVE N 19775 4,353.00 19776 $ 1,306.00 3611921210006 6832 BRYANT AVE N 19775 4,353.00 19776 $ 1,306.00 3611921210034 6839 BRYANT AVE N 19775 , 4,353.00 19776 $ 1,306.00 3611921210005 6840 BRYANT AVE N 19775 $ 4,353.00 19776 $ 1,306.00 3611921210035 6845 BRYANT AVE N 19775 $ 4,353.00 19776 $ 1,306.00 3611921310045 6305 CAMDEN AVE N 19775 $ 31,092.43 19776 $ 20,204.66 Multi Family R5 (A) 135,419.94 Sf, (B) 0 sf 3611921120048 6700 CAMDEN AVE N 19775 $ 4,353.00 19776 $ 1,306.00 3611921210097 6701 CAMDENAVE N 19775 $4,353.00 19776 $1,306.00 3611921120047 6706 CAMDEN AVE N 19775 $ 4,353.00 19776 $ 1,306.00 3611921210098 6707 ICAMDEN AVE N 19775 $ 4,353.00 19776 $ 1,306.00 361 1921120058 6712 ICAMDEN AVE N 19775 4,353.00 19776 $ 1,306.00 1921210099 6713 CAMDEN AVE N 19775 4,353.00 19776 $ 1,306.00 36 1921120059 6718 CAMDEN AVE N 19775 4,353.00 19776 $ 1,306.00 11921210100 6719 CAMDEN AVE N 19775 4,353.00 19776 $ 1,306.00 3611921120060 6724 CAMDEN AVE N 19775 4,353.00 19776 $ 1,306.00 3611921210101 6725 -CAMDEN AVE N 19775 4,353.00 19776 $ 1,306.00 3611921120043 6730 CAMDEN AVE N 19775 $ 4,353.00 19776 $ 1,306.00 3611921210102 6731 CAMDEN AVE N 19775 $ 4,353.00 19776 $ 1,306.00 3611921120074 6736 CAMDEN AVE N 19775 $ 4,353.00 19776 1,306.00 3611921210103 6737 CAMDEN AVE N 19775 $ 4,353.00 19776 1,306.00 36 11921210104 6743 -CAMDEN AVEN 19775 $ 4,353.00 19776 1,306.00 11921130105 6601 -CAMDEN DR 19775 $ 609.07 19776 182.74 Multi Family R3, Unit Rate 611921130104 -CAMDEN DR 19775 609.07 19776 182.74 Multi Family R3, Unit Rate 611921130103 6605 -CAMDEN DR 19775 609.07 19776 $ 182.74 Multi Family R3, Unit Rate 3611921130102 6609 -CAMDEN DR 19775 609.07 19776 $ 182.74 Multi Family R3, Unit Rate 3611921130101 CAMDEN DR 19775 $ 609.07 19776 $ 182.74 Multi Family R3, Unit Rate 3611921130100 6613 CAMDEN DR 19775 $ 609.07 19776 $ 182.74 Multi Family R3, Unit Rate 3611921130099 6615 CAMDEN DR 19775 $ 609.07 19776 $ 182.74 Multi Family R3, Unit Rate 3611921130098 6616 CAMDEN DR 19775 $ 609.07 19776 $ 182.74 MultiFamily R3, Unit Rate 311921130097 6618 CAMDEN DR 19775 $ 609.07 19776 $ 182.74 MultiFamily R3, Unit Rate 3611921130096 6620 CAMDENDR 19775 $609.07 19776 $ 182.74 MultiFamily R3, Unit Rate 3611921130095 22 CAMDENDR 19775 $609.07 19776 $ 182.74 MultiFamily R3, Unit Rate 3611921130094 6626 CAMDENDR 19775 $609.07 19776 $ 182.74 MultiFamily R3, Unit Rate 3611921130093 6628 CAMDENDR 19775 $609.07 19776 $ 182.74 MultiFamily R3, Unit Rate 3611921130092 6630 CAMDENDR 19775 $ 609.07 19776 $ 182.74 MultiFamily R3, Unit Rate 36 11921130091 6634 CAMDENDR 19775 609.07 19776 $ 182.74 MultiFamily R3, Unit Rate 11921130090 6636 CAMDEN DR 19775 609.07 19776 $ 182.74 MultiFamily R3, Unit Rate 3611921130089 6638 CAMDENDR 19775 609.07 19776 $ 182.74 MultiFamily R3, Unit Rate 3611921130088 6642 CAMDENDR 19775 609.07 19776 182.74 MultiFamily R3, Unit Rate 3611921130087 6644 -CAMDENDR 19775 $ 609.07 19776 182.74 MultiFamily R3, Unit Rate 3611921130086 F646 -CAMDENDR 19775 $ 609.07 19776 18234 MultiFamily R3, Unit Rate 611921310017 6330 -COLFAX AVE N 19775 $ 4,353.00 19776 1,306.00 611921310011 6331 -COLFAX AVE N 19775 $ 4,353.00 19776 1,306.00 3611921310018 6336 COLFAX AVE N 19775 $ 4,353.00 19776 1,306.00 3611921310010 6337 COLFAX AVE N 19775 $ 4,353.00 19776 -1,306.00 3611921310019 6342 -COLFAX AVEN 19775 $4,353.00 19776 $ 1,306.00 3611921310009 6343 -COLFAX AVE N 19775 $ 4,353.00 19776 $ 1,306.00 3611921310003 6400 COLFAX AVE N 19775 $ 4,353.00 19776 $ 1,306.00 3611921310006 6401 COLFAX AVE N 19775 $4,353.00 19776 $ 1,306.00 3611921310004 6406 COLFAX AVE N 19775 $ 4,353.00 19776 $ 1,306.00 3611921310005 6407 COLFAX AVE N 19775 $4,353.00 19776 $ 1,306.00 3611921310031 6412 COLFAX AVE N 19775 $4,353.00 19776 $ 1,306.00 3611921310037 417 COLFAX AVE N 19775 $4,353.00 119776 $ 1,306.00 CITY OF BROOKLYN CENTER PROPOSED PENDING ASSESSMENT ROLL November 13, 2017 2018 FIREHOUSE PARK AREA RECONSTRUCTION IMPROVEMENT PROJECT NOS. 2018-01 AND 02 PROPERTY I D HOUSE ISTREET NAME LEVY#STREET LEVY#STORM NOTES 3611921310030 6418 COLFAX AVE N 19775 $ 4,353.00 19776 $ 1,306.00 3611921310029 6422 COLFAX AVE N 19775 $ 4,353.00 19776 $ 1,306.00 361 1921310035 6423 COLFAX AVE N 19775 4,353.00 19776 1,306.00 361 1921310034 6429 COLFAX AVE N 19775 4,353.00 19776 1,306.00 361 1921310028 6430 COLFAX AVE N 19775 4,353.00 19776 1,306.00 36 1921310033 6435 COLFAX AVE N 19775 4,353.00 19776 1,306.00 36 11921310027 6436 COLFAX AVE N 19775 4,35300 19776 1,306.00 36 11921310026 6442 COLFAX AVE N 19775 4,353.00 19776 1,306.00 36 11921240008 6600 COLFAX AVE N 19775 4353.00 19776 1,306.00 3611921240036 6601 COLFAX AVE N 19775 4,353.00 19776 1,306.00 36 11921240035 6667 COLFAX AVE N 19775 4,353.00 19776 1,306.00 36 11921240058 6610 COLFAX AVE N 19775 ,, 4,353.00 19776 1,306.00 36 11921240034 6613 COLFAX AVE N 19775 $ 4,353.00 19776 1,306.00 36 11921240057 6618 COLFAX AVE N 19775 $ 4,353.00 19776 1,306.00 36 11921240033 6619 -COLFAXAVE N 19775 $ 4,353.00 19776 1,306.00 36 11921240056 6624 COLFAX AVE N 19775 $ 4,353.00 19776 $ 1,306.00 36 11921240032 6625 COLFAX AVE N 19775 $ 4,353.00 19776 $ 1,306.00 3611921240048 6630 COLFAX AVE N 19775 $ 8,706.00 19776 $ 2,612.00 Subdividable Ri = 2 equivalent parcels 36 11921240031 6631 -COLFAX AVE N 19775 $ 4,353.00 19776 $ 1,306.00 36 11921240030 6637 COLFAX AVE N 19775 $ 4,353.00 19776 $ 1,306.00 36 11921240029 6643 -COLFAX AVE N 19775 4,353.00 19776 $ 1,306.00 36 11921210043 6700 COLFAX AVE N 19775 4,353.00 19776 $ 1,306.00 36 11921210051 6701 COLFAX AVE N 19775 4,353.00 19776 $ 1,306.00 611921210042 6706 COLFAX AVE N 19775 4,353.00 19776 1,306.00 611921210050 6707 COLFAX AVE N 19775 $ 4,353.00 19776 1,306.00 611921210041 6712 COLFAX AVE N 19775 4353.00 19776 1,306.00 611921210049 6713 COLFAX AVE N 19775 4,353.00 19776 -1,306.00 611921210040 6718 COLFAX AVE N 19775 4,353.00 19776 $ 1,306.00 3611921210048 6719 COLFAX AVE N 19775 $ 4,353.00 19776 1,306.00 611921210039 6724 COLFAX AVE N 19775 4,353.00 19776 1,306.00 611921210047 6725 COLFAX AVE N 19775 $ 4,353.00 19776 1,306.00 3611921210038 6730 COLFAX AVE N 19775 $ 4,353.00 19776 1,306.00 3611921210046 6731 COLFAX AVE N 19775 $ 4,353.00 19776 $ 1,306.00 3611921210037 6736 COLFAX AVE N 19775 $ 4,353.00 19776 $ 1,306.00 3611921210045 6737 ICOLFAX AVE N 19775 $ 4,353.00 19776 $ 1,306.00 3611921210036 6742 COLFAX AVE N 19775 $ 4,353.00 19776 $ 1,306.00 3611921210044 6743 COLFAX AVE N 19775 4,353.00 19776 $ 1,306.00 3611921210027 6800 COLFAX AVE N 19775 4,353.00 19776 1,306.00 3611921210019 6801 COLFAX AVE N 19775 4,353.00 19776 1,306.00 36 21210026 6808 COLFAX AVE N 19775 4,353.00 19776 1,306.00 36119 21210116 6811 COLFAX AVE N 19775 4,353.00 19776 1,306.00 361 1921210025 6816 COLFAX AVE N 19775 4,353.00 19776 1,306.00 36 11921210024 6824 COLFAX AVE N 19775 ,, 4,353.00 19776 1,306.00 36 11921210115 6827 COLFAX AVE N 19775 $ 4,353.00 19776 1,306.00 36 11921210016 6831 -COLFAX AVE N 19775 $ 4,353.00 19776 1,306.00 36 11921210023 6832 COLFAX AVE N 19775 $ 4,353.00 19776 $ 1,306.00 36 11921210015 6835 COLFAX AVE N 19775 $ 4,353.00 19776 $ 1,306.00 36 11921210022 6836 -COLFAX AVE N 19775 $ 4,353.00 19776 $ 1,306.00 36 11921210014 6839 COLFAX AVE N 19775 $ 4,353.00 19776 $ 1,306.00 36 11921210021 6840 -OLFAXAVEN 19775 4,353.00 19776 $ 1,306.00 611921320010 6331 E MERSON AVE N 19775 4,353.00 19776 1,306.00 611921320006 6336 -EMERSON AVE N 19775 4,353.00 19776 1,306.00 611921320009 6337 EMERSON AVE N 19775 4,353.00 19776 1,306.00 611921320007 6342 -E MERSON AVE N 19775 4353.00 19776 1,306.00 3611921320008 6343 -E MERSON AVE N 19775 4,353.00 19776 $ 1,306.00 3611921320020 6400 -E MERSON AVE N 19775 $ 4,353.00 19776 $ 1,306.00 3611921320027 6401 EMERSON AVE N 19775 $ 4,353.00 19776 $ 1306.00 3611921320021 6406 EMERSON AVE N 19775 $ 4,353.00 19776 $ 1,306.00 3611921320026 6407 EMERSON AVE N 19775 $ 4,353.00 19776 $ 1,306.00 3611921320022 6412 EMERSON AVE N 19775 $ 4,353.00 1 19776 $ 1,306.00 3611921320025 6413 EMERSONAVE N 19775 $ 4,353.00 119776 $ 1,306.00 CITY OF BROOKLYN CENTER PROPOSED PENDING ASSESSMENT ROLL November 13, 2017 2018 FIREHOUSE PARK AREA RECONSTRUCTION IMPROVEMENT PROJECT NOS. 2018-01 AND 02 PROPERTY ID HOUSE STREET NAME LEVY#STREET LEVY#STORM NOTES 3611921320023 6418 EMERSON AVE N 19775 $ 4,353.00 19776 1,306.00 3611921320024 6419 EMERSON AVE N 19775 $ 4,353.00 19776 1,306.00 3611921320086 6425 EMERSON AVE N 19775 $ 4,353.00 19776 1,306.00 3611921320085 6431 EMERSONAVE N 19775 $ 4,353.00 19776 p1,306.00 3611921320084 6437 EMERSONAVE N 19775 $ 4,353.00 19776 $1,306.00 3611921320083 6443 EMERSONAVE N 19775 $ 4,353.00 19776 $1,306.00 3611921220051 6700 EMERSONAVE N 19775 $4,353.00 19776 $1,306.00 3611921220050 6712 EMERSONAVE N 19775 $4,353.00 19776 $1,306.00 3611921220049 6718 EMERSONAVE N 19775 $4,353.00 19776 $1306.00 3611921220048 6724 EMERSONAVE N 19775 $4,353.00 19776 $ 1,306.00 3611921220018 6732 EMERSONAVE N 19775 $4,353.00 19776 $ 1,306.00 3611921220035 6733 EMERSONAVE N 19775 $4,353.00 19776 1,306.00 3611921220019 6800 EMERSONAVE N 19775 $ 4,353.00 19776 1,306.00 3611921220034 6801 EMERSONAVE N 19775 4,353.00 19776 1,306.00 3611921220020 6806 EMERSONAVE N 19775 4,353.00 19776 1,306.00 3611921220033 6807 EMERSONAVE N 19775 4,353.00 19776 1,306.00 3611921220021 6812 EMERSONAVE N 19775 -4,353.00 19776 $ 1306.00 3611921220032 6813 EMERSONAVE N 19775 4,353.00 19776 $1,306.00 3611921220022 6818 EMERSONAVE N 19775 4,353.00 19776 $1,306.00 1921220031 6819 EMERSONAVE N 19775 $ 4,353.00 19776 $1,306.00 3611921220023 6824 EMERSON AVE N 19775 4,353.00 19776 $1,306.00 3611921220030 6825 EMERSONAVE N 19775 4,353.00 19776 $1,306.00 3611921220024 6830 EMERSONAVE N 19775 $ 4,353.00 19776 $1,306.00 3611921220029 6831 EMERSONAVE N 19775 $ 4,353.00 19776 $1,306.00 3611921220025 6836 EMERSON AVE N 19775 $ 4,353.00 19776 1,306.00 7611921220028 6837_EMERSONAVE N 19775 $ 4,353.00 19776 1,306.00 3611921220026 6842 EMERSONAVE N 19775 $ 4,353.00 19776 1,306.00 3611921220027 6843 -EMERSON AVE N 19775 $ 4,353.00 19776 1,306.00 36 11921320013 6330 -FREMONTAVEN 19775 $ 4,353.00 19776 1,306.00 611921320056 6331 -FREMONTAVEN 19775 $ 4,353.00 19776 1,306.00 611921320014 6336 FREMONTAVEN 19775 4,353.00 19776 $ 1,306.00 611921320093 6337 FREMONTAVEN 19775 4,353.00 19776 $ 1,306.00 611921320015 6342 -MONT AVE N 19775 4,353.00 19776 $ 1,306.00 611921320054 6343 FREMONT AVE N 19775 $ 4,353.00 19776 $ 1,306.00 3611921320028 6400 FREMONTAVEN 19775 $ 4,353.00 19776 $ 1,306.00 3611921320049 401 FREMONT AVEN 19775 $ 4,353.00 19776 1,306.00 36 1320029 6406 FREMONT AVE N 19775 $ 4,353.00 19776 1,306.00 36 1320048 6407 FREMONTAVEN 19775 $ 4,353.00 19776 s 1,306.00 3611921320030 6412 FREMONT AVEN 19775 4,353.00 19776 1,306.00 3611921320047 6413 FREMONT AVE N 19775 4,353.00 19776 1,306.00 3611921320031 6418 FREMONT AVE N 19775 4,353.00 19776 $ 1,306.00 3611921320046 6419 FREMONT AVE N 19775 4,353.00 19776 $ 1,306.00 36 11921320087 6424 FREMONTAVEN 19775 4,353.00 19776 $ 1,306.00 11921320034 6425 FREMONT AVE N 19775 4,353.00 19776 $ 1,306.00 3611921320088 6430 F-REMONT AVE N 19775 4,353.00 19776 $ 1,306.00 3611921320033 6433 FREMONT AVEN 19775 $ 4,353.00 19776 1,306.00 611921320089 6436 FREMONT AVEN 19775 $ 4,353.00 19776 1,306.00 611921320065 6325 -RARD AVE N 19775 4,353.00 19776 1,306.00 611921320059 6330 GIRARD AVE N 19775 4,353.00 19776 1,306.00 611921320064 6331 -ARD AVE N 19775 4,353.00 19776 -1,306.00 3611921320060 6336 -GRARD AVE N 19775 4,353.00 19776 -$ 1,306.00 3611921320063 6337 G RARD AVEN 19775 4,353.00 19776_$ 1,306.00 3611921320061 6342 GIRARDAVEN 19775 $ 4,353.00 19776 $ 1,306.00 3611921320062 6343 GIRARDAVEN 19775 $ 4,353.00 19776 $ 1,306.00 3611921320050 6400 GIRARDAVEN 19775 $ 4,353.00 19776 $ 1,306.00 3611921320073 6401 G RARDAVEN 19775 $ 4,353.00 19776 1,306.00 3611921320051 6406 GIRARD AVEN 19775 $ 4353.00 19776 1,306.00 3611921320072 6407 GIRARD AVE N 19775 $ 4,353.00 19776 1306.00 3611921320052 6412 GIRARD AVE N 19775 4,353.00 19776 $ 1,306.00 11921320071 6413 GIRARDAVEN 19775 4,353.00 19776 $ 1,306.00 136 11921320053 6418 GIRARD AVE N 19775 4,353.00 19776 $1,306.00 136 11921320070 6419 GIRARD AVEN 19775 4,353.00 119776 $1,306.00 CITY OF BROOKLYN CENTER PROPOSED PENDING ASSESSMENT ROLL November 13, 2017 2018 FIREHOUSE PARK AREA RECONSTRUCTION IMPROVEMENT PROJECT NOS. 2018-01 AND 02 PROPERTY ID HOUSE STREET NAME LEVY#STREET LEVY#STORM NOTES 36 11921320035 6424 GIRARD AVE N 19775 4,353.00 19776 $ 1,306.00 36 11921320042 6425 GIRARD AVE N 19775 4,353.00 19776 $ 1,306.00 3611921320036 6430 GIRARD AVE N 19775 4,353.00 19776 $ 1,306.00 3611921320041 6431 GIRARD AVE N 19775 4,353.00 19776 $ 1,306.00 3611921320037 6436 GIRARD AVE N 19775 4,353.00 19776 1,306.00 3611921320040 6437 GIRARD AVE N 19775 4,353.00 19776 1,306.00 611921320039 6443 IGIRARD AVE N 19775 $ 4,353.00 19776 1,306.00 611921320066 6324 HUMBOLDT AVE N 19775 $ 4,353.00 776 1,306.00 611921320067 6330 HUMBOLDT AVE N 19775 $ 4,353.00 19776 $ 1,306.00 611921320068 6336 HUMBOLDT AVE N 19775 $ 4,353.00 19776 $ 1,306.00 611921320069 6342 HUMBOLDT AVE N 19775 $ 4,353.00 19776 $ 1,306.00 3611921320074 6400 HUMBOLDT AVE N 19775 $ 4,353.00 19776 $ 1,306.00 3611921320075 6406 HUMBOLDT AVE N 19775 4,353.00 19776 $ 1,306.00 3611921320076 6412 HUMBOLDTAVE N 19775 4,353.00 19776 $1,306.00 3611921320077 6418 1 HUMBOLDT AVE N 19775 4,353.00 19776 $1,306.00 3611921320043 4246424 UMBOLDT AVE N 19775 4,353.00 19776 $ 1,306.00 3611921320044 6430 HUMBOLDT AVE N 119775 4,353.00 19776 $ 1,306.00 3611921320045 6440 HUMBOLDT AVE N 19775 $4,353.00 19776 $1,306.00 3611921120038 _ 19775 $ 4,353.00 19776 $ 1,306.00 Brooklyn Center EDA property Total Assessments I_$1,51115/.11j 4O,UZO.II I Cfity C©iii©ll Agrnithii I[tm N©0 S1I1[IJ IUMI uiA I k!A [I] WWI IlSJk!(I DATE: November 7, 2017 TO: Curt Boganey, City Manage FROM: Mike Albers, Acting City Engineer 1 SUBJECT: Resolution Accepting Feasibility Report, Declaring Costs to be Assessed and Calling for Improvement and Assessment Public Hearing for Improvement Project No. 2018-06, 51St Avenue/Frontage Road Street, Storm Drainage and Utility Improvements Recommendation: It is recommended that the City Council consider approval of the resolution accepting feasibility report, declaring costs to be assessed and calling for improvement and assessment public hearing for Improvement Project No. 2018-06, 51 Avenue/Frontage Road Street, Storm Drainage and Utility Improvements. If approved by the City Council, legal notice would be published, and all property owners who could potentially be assessed for improvements would receive a Notice of Public Hearing via mail. Background: The project was established by the City Council on May 8, 2017, by Resolution 2017-70, for the area commonly referred to as the 51 " Avenue/Frontage Road Improvements. This action was taken in accordance with the Capital Improvement Program (CIP), which identifies 51st Avenue, the frontage road and the Lilac Drive extension for improvements during the 2018 construction season. The attached feasibility report provides a summary of the project evaluation process and street improvements. The report also includes the results of a resident questionnaire that was provided to property owners within the project areas. A public informational meeting was conducted on October 24, 2017, to provide project information to property owners and tenants within the project area and gain additional input from the public. The informational meeting was generally positive in nature with the majority of questions and concerns relating to design details, special assessments and project schedule. In addition, a public open house for the adjacent Brooklyn Boulevard Reconstruction Project was held on June 20, 2017. A formal presentation of the feasibility for the projects is planned at the public hearing. The attached resolution declares certain project costs to be assessed for the 51st Avenue/Frontage Road Improvements and calls for a public hearing on the proposed special assessments on December 11, 2017, immediately following the improvement public hearing. Staff recommends that the City Council consider holding the special assessment public hearing immediately following the project improvement public hearing. The purpose of holding the special assessment public hearing prior to beginning the project is to assure that any objections to or appeals of the assessments are known prior to entering into a construction contract or issuing bonds to finance the assessed portion of the project. Mission. Ensuring an attractive, clean, safe, incl,isii'e coinniniiitj' that enhances the quality of life for all people and preserves the public trust IiJJ[*lflhIak!A]Lu DIMS) 11J1IJLiI The established assessment rate would set the maximum levy amounts, guaranteeing property owners of the final cost they will pay for the project. Special assessments for this project have been calculated in accordance with the City's Special Assessment Policy. Budget Issues: The total project cost for the 51St Avenue/Frontage Road Improvements is estimated to be $600,000. The total special assessments for this project are estimated to be $21,765 for street improvements and $6,530 for storm drainage improvements. Funding sources for the project are proposed from a variety of sources as described in the feasibility report. The Draft Special Assessment Levy Roll for Improvement Project Nos. 2018- 06 is included in Appendix D of the feasibility report. Strategic Priorities: Key Transportation Investments Mission. Ensuring an attractive, clean, safe, inclusive coininii,,itj' that enhances the qualiti' of life for al/people iindpieseives tile public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING FEASIBILITY REPORT, DECLARING COSTS TO BE ASSESSED AND CALLING FOR IMPROVEMENT AND ASSESSMENT PUBLIC HEARING FOR IMPROVEMENT PROJECT NO. 2018-06, 51ST AVENUE/FRONTAGE ROAD STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS WHEREAS, the Brooklyn Center City Council, by Resolution No. 2017-70, directed the preparation of a feasibility report regarding proposed improvements to the streets, storm drainage system and public utilities to the 51st Avenue/Frontage Road area; and WHEREAS, the Acting City Engineer has prepared said report and recommends that the proposed improvements be considered; and WHEREAS, a portion of the cost of street and storm drainage improvements for said project is proposed to be assessed against properties within the project area; and WHEREAS, the total project cost for the 51st Avenue/Frontage Road Improvements is estimated to be $600,000; the total cost of street and storm drainage improvement portion of said project is estimated to be $470,000 and the project funding sources are currently estimated to be: Special Assessments Sanitary Sewer Utility Fund Water Utility Fund Storm Drainage Utility Fund Street Reconstruction Fund Municipal Sate Aid Fund Total $ 28,295.00 $ 60,000.00 $ 70,000.00 $ 73,470.00 $ 248,235.00 $ 120,000.00 $ 600,000.00 WHEREAS, the City Clerk and Acting City Engineer have prepared proposed assessment rolls showing the proposed amount to be specifically assessed for such improvement against every assessable lot, piece, or parcel of land within the district affected, without regard to cash valuation, as provided by law. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: The Engineer's Feasibility Report for the 51st Avenue/Frontage Road Improvements is received and accepted. RESOLUTION NO. 2.An improvement public hearing shall be held on the 11th day of December, 2017, in the City Hall Council Chambers at 7:00 p.m. or as soon thereafter as the matter may be heard to pass upon said improvement project and at such time and place all persons owning property affected by said improvements will be given an opportunity to be heard with reference to said improvements. 3.The City Clerk is directed to cause a notice of the improvement public hearing to be published in the official newspaper at least two weeks prior to the public hearing, and shall state in the notice the total cost of the improvement. 4.That portion of the cost to be assessed against benefited property owners for street improvements included in City Improvement Project No. 2018-06 is declared to be $21,765. That portion of the cost to be assessed against benefited property owners for storm drainage improvements included in City Improvement Project No. 2018-06 is declared to be $6,530. 5.An assessment public hearing shall be held on the 11th day of December, 2017, in the City Hall Council Chambers at 7:00 p.m. or as soon thereafter as the matter may be heard to pass upon such assessment and at such time and place all persons owning property affected by such improvements will be given an opportunity to be heard with reference to such assessment. 6.The City Clerk is directed to cause a notice of the assessment public hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the public hearing, and shall state in the notice the total cost of the improvement. 7.The City Clerk shall cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the public hearing. November _13,_2017 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Public Works Dept Eyof Engineering Division BROOKLYN Phone: 763-569-3340CENTER FAX: 763-569-3440 1[IXI IMPROVEMENT PROJECT NOS. 2018-06 November 7, 2017 I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota Michael JAlbers, FE. Reg, No. 47074 November 7, 2017 Feasibility Report 51 Avenue/Frontage Road Improvements Page 1 In 2018, the City of Brooklyn Center will be entering the 25 th year of its long-range infrastructure rehabilitation program often referred to as the Neighborhood Street and Utility Improvement Program. This program has consisted of a systematic rehabilitation and/or replacement of the City's aging streets, water main, sanitary sewer, storm sewers, sidewalks, trails and street lights. The City's Capital Improvement Program identifies the area referred to as the 51 " Avenue/Frontage Road Improvements for reconstruction in 2018. The proposed project includes roadway, utility and sidewalk improvements within the project limits shown on Figure 1. The 51st Avenue/Frontage Road project area extends from the north property line of the New Millennium Academy along the Lilac Drive extension to the Brooklyn Boulevard Frontage Road, Brooklyn Boulevard Frontage Road from the Lilac Drive extension to 51st Avenue, and 51st Avenue from Brooklyn Boulevard to Xerxes Avenue. This report was prepared in response to City Council Resolution No. 2017-70 dated May 8, 2017, directing staff to prepare a feasibility report and collect public input for the proposed project. Staff conducted a public informational meeting with residents and property owners located within the project area on October 24, 2017. A resident questionnaire and letter were also distributed as part of the project evaluation process. A summary of resident comments is provided in Appendix B. In addition, a public open house for the adjacent Brooklyn Boulevard Reconstruction Project Phase 1 (49t15 Avenue to Bass Lake Road) was held on June 20, 2017. The 2018 project area consists of approximately 0.3 miles of streets and utilities. The neighborhood consists of 7 residential properties that are zoned 'Ri ", 1 church property that is zoned "RI ", and 1 school property that is zoned "PUD-Mixed". Feasibility Report 51" Avenue/Frontage Road Improvements Page 2 (I) wEci)>0 0E cDC I .oQ) LL c.1) C LO U) Figure 1: Project Area FFIII,,T_ VINCENTAVENHmTrnrrrr[ ThIiILELi1Th n - WASHBURNAVENiiIll LLWIIUILII7W1W EL- IIIIILIJIT1 IfTi H =11MEAPOILISLJJ 1 LtI )!Eles [ill - 1 I I I I & I BROOKLYN CENTER 3fO S I II! I 1- I I - >\ ( L-: flI 1 q,"-, 7T fftUHifi T H wiJTfUiJDREWAVL NRR&ERFTJ IH R !;L - EWING AVE N- 11u;HLL LI 1i Feasibility Report 51 Avenue/Frontage Road Improvements Page 3 ilL _il 1 l ii IkU 4 (IA'ADk'J I l A.EXISTING CONDITIONS 51St Avenue was originally a constructed in the 1964 resulting in the existing street pavement being in service for more than 50 years. The existing street is generally 30 feet wide, which is typical for most low volume residential streets in Brooklyn Center. 515t Avenue is designated as a Municipal State Aid Route. The Brooklyn Boulevard Frontage Road was constructed around 1973 and is currently 25-feet wide with curb and gutter on the west side of the road. The Lilac Drive extension was a private road from New Millennium Academy to the Brooklyn Boulevard Frontage Road and is currently 25-feet wide. New Millennium Academy dedicated right-of-way for the future Lilac Drive extension when the school site was developed. The roadways within the project area are very flat and do not have concrete curb and gutter, except for the west side of the Brooklyn Boulevard Frontage Road. The roadways' bituminous asphalt pavement has aged and is showing significant fatigue and distress, particularly along the unprotected edges. The typical service life for bituminous pavement is approximately 30 years. Generally, it is no longer cost- effective to routinely maintain these streets with seal coating or thin overlay procedures. Complete reconstruction is warranted. Concrete sidewalk exists along the south of 51st Avenue from Brooklyn Boulevard to Xerxes Avenue. Adjacent to the project area, concrete sidewalk exists along both sides of Brooklyn Boulevard and there are sidewalks within the New Millennium Academy property. Bituminous trails exist in Happy Hollow Park. See Figure 2 for existing sidewalk and trail locations. A geotechnical investigation was performed within the project area to obtain and analyze soil samples below the street pavement. The geotechnical evaluation report contains information regarding the subsurface soil and groundwater conditions and includes appropriate design and construction recommendations. Soil borings primarily indicate good soils containing sand and silty sand. 515t Avenue is a two-lane undivided roadway that is functionally classified as a Major Collector and has a statutory speed limit of 30 miles per hour (mph). Brooklyn Boulevard is a four-lane divided roadway north of 515t Avenue and a four-lane undivided roadway south. The Brooklyn Boulevard is functionally classified as an "A" Minor Arterial and has a posted speed limit of 35 mph. Traffic counts along 51 " Avenue were approximately 3,100 vehicles per day in 2016 and 20,800 vehicles per day on Brooklyn Boulevard. An intersection control review was completed for the intersection of Brooklyn Boulevard and 51St Avenue as part of the Brooklyn Boulevard Reconstruction Project Phase 1. Based on the results of this intersection review, side-street stop control is recommended. B.PROPOSED STREET IMPROVEMENTS Based on the age and condition of the existing bituminous asphalt pavement surfaces and the proposed replacement of underlying utilities in certain locations, complete replacement of the street surface is warranted for 51 " Avenue. Proposed street improvements for 51 " Avenue include full depth reconstruction to a width of 30 feet, addition of a westbound right-turn lane, removing the Brooklyn Boulevard Frontage Road and relocating the west approach at Brooklyn Boulevard and 515t Avenue to the north and converting it to a right-in/right-out only access will also improve the safety of this intersection by eliminating the minor approach with the highest delays. A new signal at the TH 100 South Ramp/Loop intersection is proposed as part of the Brooklyn Boulevard Reconstruction Project Phase 1 with a new connection to Lilac Drive on the west side of the Feasibility Report 51' Avenue/Frontage Road Improvements Page 4 intersection. The 51st Avenue/Frontage Road Improvements would include reconstruction of Lilac Drive to a width of 28 feet from New Millennium Academy to the new signal at the TH 100 South Ramp. The connection of Lilac Drive to the TH 100 South Ramp will provide full access for Brookdale Covenant Church as well as New Millennium Academy via a signalized intersection. The existing soil material will provide a stable foundation to support the proposed street and utility improvements. The roadway subgrade consists of good soils and is planned to be reclaimed (recycled) in place to be reused as the new aggregate base for the proposed street section. Removal of poor soils in isolated areas throughout the project for utility and or roadway construction will be performed as recommended in the geotechnical report and as determined in the field during construction. The installation of concrete curb and gutter is proposed with the reconstruction of the streets within the project area. Concrete curb and gutter will assist in conveying storm water runoff to storm sewer catch basins. The improved drainage benefits derived from the installation of curb and gutter will significantly extend the service life of the new pavement. The street grades will also be designed to provide improved drainage to the storm sewer system. The proposed street reconstruction does not include substantial changes to the roadway width, alignment or elevation. In accordance with the Complete Streets Policy adopted by the City in 2013, all streets and trail projects, including design, planning, reconstruction, rehabilitation, maintenance or operations by the City of Brooklyn Center shall be designed and executed in a responsible, equitable and financially reasonable way to accommodate and encourage travel by bicyclists, pedestrians, public transportation, emergency and commercial vehicles in a balanced manner. Implementation of the City's Complete Streets Policy ensures that the needs and safety of pedestrians, bicyclists, motorists and transit riders of all ages and abilities are taken into account in the design and operation of roads. Accordingly, a worksheet was completed to assist in the complete streets evaluation (see Appendix A, Complete Streets Worksheet). Additionally, the Brooklyn Boulevard Corridor Study adopted in July 2013 recommended replacing the existing sidewalk on the west side of Brooklyn Boulevard with a 10 foot trail and the Pedestrian & Bicycle Plan adopted in March 2014 recommended a trail on the west side of Brooklyn Boulevard that will be completed with the Brooklyn Boulevard Reconstruction Project Phase 1. The following strategies and improvements are recommended: o Ensure that the needs and safety of pedestrians, bicyclists, motorists and transit riders of all ages and abilities are taken into account in the design and operation of roads. o A new 6 feet sidewalk located along the south side of Lilac Drive from New Millennium Academy to the TH 100 South Ramp is proposed to connect to the future trail on the west side of Brooklyn Boulevard. o Complete replacement of the sidewalk along the south side of 51st Avenue due to heaving/settling issues and impacts due to utility construction. o Construction of a center raised median island for pedestrian crossing on Brooklyn Boulevard at 5l Avenue. o Pedestrian curb ramps will be constructed throughout the project at each crosswalk location with truncated dome detectable warning systems in compliance with the Americans with Disabilities Act (ADA). If approved, it is anticipated that the 51st Avenue/Frontage Road Improvements will be bid with the Brooklyn Boulevard Reconstruction Project Phase idue to the location. Feasibility Report 51 Avenue/Frontage Road Improvements Page 5 It should also be noted that in-depth property surveys are not performed and when constructing the new driveway aprons, the determined location generally matches existing driveway locations and widths. It is not the intent under this project to verify and fix driveway-property line issues, which sometimes exist. Rather, the construction under this project generally occurs within City right-of-way. Other improvements include the installation of concrete driveway aprons, the replacement of trees that are impacted, replacement of landscaping elements and irrigation systems that are impacted and deficient segments of sidewalk are proposed to be repaired as warranted or impacted. Disturbed boulevard areas will be restored with topsoil and sod. Figure 2: Sidewalk Improvements Legend HHHH Proposed NewS Stdewafl< .................................cN7 Existing Concrete Sidewalk Existing Bituminous Trail JHWLi E'\7 52NDAVEN I I // o I 52N0 AVE N JPf 0— I \ -I [- 7 // ,9__ \ \±EH H 51STAIIEN / U UJ t UL:::, d'd/ H -tf1rI p7 X_ 50THAVEN Sidewalk Improvements 51st Avenue/Frontage Road Improvements Fpuro2 IlL STREET LIGHTING SYSTEM A. EXISTING CONDITIONS The neighborhood improvement program has historically included the replacement of free-standing street lights located within the neighborhood. Free-standing street lights are defined as lights mounted on poles, which do not contain any other overhead utilities attached to them. There are currently zero free-standing street lights within the project area. Other street lights in the neighborhood exist on multiuse-type poles, which are typically unable to be removed and therefore are not planned to be Feasibility Report 15t Avenue/Frontage Road Improvements Page 6 replaced. There is currently one street lights on a multiuse pole within the project area. Xcel Energy has indicated that the Xcel Energy-owned cobra head-style streetlight on the multiuse pole in the project area currently has a LED fixture. The City's Street Light Policy states that street lights may be provided at street intersections and at mid- block locations where the distance between intersections exceeds 700 feet. Street lights are currently located at all intersections and at most of the longer blocks that exceed 700 feet with minor exceptions. B. PROPOSED STREET LIGHTING IMPROVEMENTS There are no street light improvements proposed as part of this project. Street light improvements and undergrounding the utilities on multiuse poles on Brooklyn Boulevard is being evaluated with the Brooklyn Boulevard Reconstruction Project Phase 1. In accordance with City policy, mid-block street lights may be installed where the block exceeds 700 feet in length upon receipt of a petition signed by a majority of the residents on the block, including signatures of the residents adjacent to the specific location where such mid-block light is requested. Adding new street lights will be coordinated and evaluated during the final design stages of the project with the property owners that would be directly affected by adding new street lights. Should the appropriate petitions be received, additional lighting will be included in the project lighting improvements. A.EXISTING CONDITIONS The project area is located within the Shingle Creek Watershed Management Commission area and storm drainage flows to Shingle Creek and to the Minneapolis storm sewer system. The surface water on 51st Avenue flows easterly overland to the underground storm drainage systems at the intersection of 51 " Avenue and Xerxes Avenue which flows to the Minneapolis trunk storm drainage systems on 51St Avenue. The surface water on Lilac Drive drains overland to storm structures installed by MnDOT along TH 100 which flow to the Centerbrook golf course ponds and eventually discharge into Shingle Creek. A televising inspection of the existing storm sewer is currently being conducted and will further be evaluated during final design. A cursory review of the existing underground pipe network in this area found the pipe to be in fair to good condition with some isolated issues identified in several areas that warrant repair. There are some isolated areas within the project area that experience localized flooding due to the flat topography within the project area. However, no major flooding issues have been identified. B.PROPOSED DRAINAGE IMPROVEMENTS Storm sewer improvements will be made to the existing system that includes replacing/repairing catch basins and laterals where necessary on 515t Avenue due to impacts from utility construction. A more complete system is proposed to be installed on Lilac Drive including a new trunk line and lateral lines and catch basins in several areas (see Appendix C, Street and Storm Sewer Improvements Figure). This expansion of the drainage system and installation of additional pipes and catch basin structures will help minimize localized drainage problems. Feasibility Report 51 Avenue/Frontage Road Improvements Page 7 V. SANITARY SEWER SYSTEM A.EXISTING CONDITIONS The existing sanitary sewer collection system on 5 1St Avenue consists of an eight-inch diameter vitrified clay pipe (VCP) sewer main which was installed in 1964. A sanitary sewer trunk line on the Brooklyn Boulevard Frontage Road consists of an 8-inch diameter VCP sewer main installed in 1964 which was lined with a cured-in-place liner in 2003. Due to the age and materials used in the original construction of the sanitary sewer, the sanitary sewer main on 51st Avenue is subject to frequent issues with root intrusion. Public Works crews must perform root sawing and jetting on an annual basis to maintain the system conveyance capacity and avoid sewer back-ups in many locations (see Figure 3). During the project planning phase, all public sanitary sewer pipes were inspected with remote televising equipment. These inspections confirmed that the sanitary sewer on 51st Avenue has moderate problems with root intrusion and sections of cracked and broken pipe along pipe joints. B.PROPOSED SANITARY SEWER IMPROVEMENTS Complete replacement of the eight-inch diameter VCP sanitary sewer main on l Avenue is recommended due to the extent of root intrusion and cracked pipe within the collection system. It is recommended that the existing sanitary sewer on the Brooklyn Boulevard Frontage Road be left in place (see Appendix C, Sanitary Sewer and Water Main Improvements Figure). Isolated replacement of the problem areas is not cost effective. In accordance with past City construction practice, individual service lines between the sewer main and the property line would also be replaced. Figure 3: Sanitary Sewer Root Saw Locations -52NDAVE,J •—.- 5 _JS TJVEN E1E /,HHi! I I Legend Peat San, Locaitan - Pubic Sanitary Seour ------4-- Private Sanitary Sewn, 7 c/i --,— t\ — —— — - I- — — — — — — — — --- ———= =—p — —— =-I — - —— —— — —— = — —— — — —— — —- — — c i*M R Sanitary Sewer Root Saw Locations 51st Avenue/Frontage Road Improvements Figure 3 _i ENE Feasibility Report 51.ct Avenue/Frontage Rood Improvements Page 8 VII. WATER SYSTEM A.EXISTING CONDITIONS The existing water main on 51st Avenue consists of a 3-inch diameter cast iron pipe installed in 1964 (see figure 4). The existing water main is a dead end line without a hydrant for flushing. The water main is in fair condition based on current maintenance records. B.PROPOSED WATER MAIN IMPROVEMENTS Recommended water main improvements include replacement of the existing cast iron water main with new ductile iron water main where the replacement of the adjacent sanitary sewer is deeper than the existing water main (due to undercutting issues during construction) (see Appendix C, Sanitary Sewer and Water Main Improvements Figure). The proposed improvements also include replacement of valves, adding a new hydrant an the end of the line for flushing and replacement of water services extending from the water main in the street to the water curb stop located at the front property line. Replacement pipe materials include ductile iron pipe, which is more resistant to corrosion than cast iron pipe, and copper service pipe. Ficure 4: Water MainU±LLLJVLIT—]E/ .I ........... - / 52ND AVE N/ W\ - : uIST AVE N Igo 0^' ... ... 730 Legend 0 WalerMain Break Replace Water Main (Impacted by H III .Sanitary Replacement) E 5OHA'/E N -Water Main to Remain ER ER RH Water Main Break LocationsCRMFER51st Avenue/Frontage Road Improvements Figure 4 Feasibiii Report 51st Avenue/Frontage Road Improvements Page ii aNi i aii Generally, all public infrastructure owned, maintained and operated by the City throughout the project area is located within City easements and/or right-of-way. It is anticipated that the City will need to obtain additional easements/right-of-way on Lilac Drive to accommodate the construction of the Lilac Drive. The identified easement needs will be further coordinated with the City Attorney and the property owner, which is owned by Brookdale Covenant Church. The total estimated cost of the proposed project is $600,000.00. Table 1 provides a summary of the estimated project costs and recommended funding amounts from the various sources as indicated. Funding for the project is further described below. A.FUNDING FOR STREET IMPROVEMENTS The estimated project cost of roadway improvements for all streets in this project area is $360,000.00. This preliminary estimate includes the cost for project administration, legal, engineering and construction contingency. Special assessments for street improvements are proposed in accordance with the 2018 rates which are expected to be considered for adoption by the City Council on November 13, 2017. The standard 2018 residential street assessment rate is estimated to be $4,353 per RI zoned residential property. This rate would be assessed to all benefitting single family residential properties within the project area (see Figure 5). City owned properties are not proposed to be assessed. A total estimated special assessment amount of $21,765.00 would be levied for street improvements. The remaining street construction costs would be funded from the Street Reconstruction Fund and Municipal State Aid (MSA) Fund. A summary of the proposed special assessments for street improvements is provided in Appendix D. B.FUNDING FOR STORM DRAINAGE IMPROVEMENTS The total estimated cost for storm drainage improvements within the project area is $110,000.00. This preliminary estimate includes the cost for project administration, legal, engineering and construction contingency. Special assessments for storm drainage improvements are proposed in accordance with the 2018 rates which are expected to be considered for adoption by the City Council on November 13, 2017. The standard 2018 storm drainage special assessment rate is estimated to be $1,306 per RI zoned single family residential property within the project area (see Figure 5). On this basis, a total estimated special assessment amount of $6,530.00 would be levied for storm sewer improvements. A summary of the proposed special assessments for storm drainage improvements is provided in Appendix D. C. FUNDING FOR UTILITY IMPROVEMENTS The estimated cost of sanitary sewer improvements is $60,000 and the estimated cost for water main improvements is $70,000. As previously noted, these total cost estimates include the costs for project administration, engineering, legal and construction contingency. All costs for sanitary sewer and water improvements will be funded by their respective utility funds in accordance with established policy for such improvements. Feasibility Report 51t Avenue/Frontage Road Improvements Page 10 Table 1: Cost and Funding (I) w E (A w CLSIcq CDLL jw,ocrj 0o Lu 0 CDC)CDCDC)0 CDC)CDC)C)CD C)C)C)C) C (D CDCDC)CDC) (D 00 CD tfl0000 ED! 0 ci —CU CDcooC)0 CD0 (A CO C)C) N-Jt(No(0 0 0o C0 N-(0 C)C)-(A C) C) CO cO0 0 D I-C')'J C-i C)N U)(1) N- N-U) If) (A T ClNI 0 UI V(i)(0 I -(1)C)(A CA (OU)U) 6tc,C)00 C)C)a0 C) C)dod00 (DCD i 0C)ci(I (DC)0 0 0 (:)C5 ci C) (t)IU 1D(C- Ii)U)(A (/)(A C)00 (3 C)O00C.-C)C) ccidC)CD0 ci(D ciC) ciC) 00O 0ICss C) ta fIt ^f (,j CC)•— ci(0 i (A (A (A f_f)C))(C-:- (I) C)C)00 C)C)C)C)CD01 0CD0CDCDC) (U C)000CDC)CD0 0co c:)N-C)C) C) 0 ch C)C)0 0 LI)'T C)C) cao, 0CO C0C1IU)N 0 (C)r(A d d U)(C)(I)(1) 0 0C)C)C)0CD CDCD 00 C) 0CD CD 0CD C)ddciCDCD 0C)CI)CC)ioC') C)C)(3 (D C)C)0 —N C)0 (U(U c-N6c--i(ANN-(0 öCiro)j d() ('I (I)())C')(A (1)('1 Ci)(A C')(AU) >- C5 Li_)N Cr) ca -0 c 0 0c0Eu.ULt 0)-c (U 0)- .' fS. wD31 (D (UDC—00)O)Cr)CO Ci (I) JOf 81 0)t no-DoD S ) S i C CO EE--w I m (U a ^o 0 OT (J) Feasibility Report 515t Avenue/Frontage Road Improvements Page 11 Figure 5: Assessment Map JEL'LLJUT L ELElVINCENT AVE N _____ H Hi _1LW][IJIIII[IIIELWASH8URNAVENTi __ _FT ii(HIIi - Th EL11W_WiJi EIS Hi LL EL vj fv I EL BROOKLYN CENTFR 10 19L LT —A, CL Ir ovov-"PIrf E I I I I ¶LJTAVN Lo I II DRCWAVEN r I LLEt L —L IT[L I1 7--FUTM,EWINGAVENFFI 1 11 11 11 I N !LRi <'' Feasibility Report 51stAvemIe/Fron0ge Rocid Improvements -- Page 12 _1iariIShUku DihI I] DI J J I[IJ :1 DI I1IJU P Table 2 is the preliminary schedule for the project. Th1e St Avenue/Frontage Road Improvements - Schedule Action Target Date City Council Receives Feasibility Report, Declares Cost to be Assessed and Calls for Public Hearings November 13, 2017 City Council Holds Public Hearing, Authorizes the Project and Orders Preparation of Plans and Specifications December 11, 2017 City Council Approves Plans and Specs, and Authorizes Advertisement for Bids January 2018 City Receives and Opens Project Bids March 2018 City Council Considers Award of Contract March/April 2018 Start Project Construction April/May 2018 Construction Substantially Complete October 2018 4EIMSJ I1i (I]RL%1 Ii 1 EI]k I1l DII I7'V (I]F The overall condition of the City's street and utility infrastructure systems is critical to the operation, safety, welfare and economic health of the entire community. As a result of the infrastructure needs described and the proposed solutions and estimated costs provided in this report, the proposed project is considered to be necessary, cost effective and feasible. Feasibility Report 51sl Avenue/Frontage Road Improvements Page 13 0& li^ 16, 1, i li" (011, Mo.",\=6KA!, Complete Streets Worksheet Feasibility Report 515t Avenue/Frontage Road Improvements City of Brooklyn Center Complete Streets Policy Appendix A r'f1iflT This Complete Streets Worksheet is intended to serve as a guide when reviewing a roadway's ability to accommodate all modes of transportation (pedestrian, bicyclists, transit riders, freight, and automobiles) and people of all abilities in a cost-effective manner, while promoting safe operation for all users. Complete streets address the design of the entire street right-of-way to determine the best allocation of space between the various transportation modes. Complete streets may be achieved through single projects or incrementally through a series of smaller improvements or maintenance activities over time. This worksheet was developed to facilitate implementing the complete streets process and to help sort through potentially conflicting modal priorities. The worksheet is also available in an electronic format that allows responses to by typed directly into the worksheet. Please reference the following materials when filling out the checklist: • City and/or County Comprehensive Plans that cover the project area • Transportation Plans that cover the project area (e.g., City, County, and/or State) • Bicycle or Pedestrian Master Plans that cover the project area (e.g., City, Park district, County, and/or State) o City and/or County ADA Transition Plans that cover the project area o Area specific studies o A Policy on Geometric Design of Highways and Streets (AASHTO "Green Book") o AASHTO Guide for the Development of Bicycle Facilities, 4th Edition o MnDOT Bikeway Facility Design Manual o Minnesota Manual on Uniform Traffic Control Devices (MMUTCD) • ADA Accessibility Guidelines (ADAAG) • Proposed Rights-of-Way Accessibility Guidelines (PROWAG) • Hennepin County Complete Street Policy • State of Minnesota Complete Street Policy Complete Streets Policy Adopted by City Council June 24, 2013 Project Location City of Brooklyn Center (municipality): Roadway Jurisdiction: City of Brooklyn Center Project/Roadway Name:51st Avenue/Frontage Road Improvements Project area consists of 51st Avenue from Brooklyn Boulevard to Xerxes Prolect Start Point:Avenue, the Lilac Road extension and the Brooklyn Boulevard Frontage Road Project End Point:See project area map in feasibility report. Project Manager Mike Albers, City of Brooklyn Center Define Existing and Future Land Use and Urban Design Context 1.Do any adopted plans call for the development of bicycle, pedestrian, transit or roadway facilities on, crossing, or adjacent to, the proposed project? If yes, list the applicable plan(s). Guidance: Possible sources of this information include Comprehensive Plans, Transportation Plans, Bicycle or Pedestrian Master Plans or area-specific studies developed by applicable City County and/or State Agencies. Brooklyn Boulevard Corridor Study (City of Brooklyn Center, July 2013) Brooklyn Center Pedestrian & Bicycle Plan (City of Brooklyn Center, March 2014) Hennepin County 2040 Bicycle Transportation Plan (Hennepin County, April 2015) 2.Are there any local, county, statewide or federal policies that call for incorporating multimodal facilities? Guidance: Policies at the state and federal level may impact a project due to funding sources. NA A-2 COMPLETE STREETS IMPLEMENTATION RESOURCE GUIDE 3.Describe the study area. Guidance: What are the predominant land uses along the corridor? What is the community character? (e.g., tree-lined streets, historic, new development) Are there any planned redevelopment areas in the project area? The project area consists of 7 residential properties that are zoned "RI ", I church property that is zoned "RI", and 1 school property that is zoned "PUD-Mixed". 4.What trip generators (existing and future) are in the vicinity of the project that might attract walkers, bikers or transit users? Guidance: For example, large employers, downtown or shopping districts, schools, parks, community centers, medical centers, transit stations, government buildings and senior care facilities. The project area includes I City park (Happy Hollow Park) and 1 school property (New Millennium Academy) adjacent to the project. Define Existing and Future Transportation Context 5. Describe existing and projected modal volumes, if available. 51st Ave (2016): 3100 51st Ave (2040): 3900 Average Daily Traffic Brooklyn Blvd (2016) 20,800 Brooklyn Blvd (2040) 26,400 Not Available Not Available Pedestrian Counts Not Available Not Available Bicycle Counts Not Available Not Available Truck Volumes NA NA Transit Volumes APPENDIX A: COMPLETE STREETS WORKSHEET A-3 6. Existing vehicle speed conditions. a.AAThat is the posted speed limit for the project and associated intersecting streets? 30 mph per state statute (51st Ave), posted 35 mph (Brooklyn Blvd) b.Provide speed data, if available. not available c. Are excessive speeds an issue in the project area? Higher speeds on Brooklyn Blvd 7. Describe crash data, if available, and known conflict locations. Guidance: Crash data will likely not be available for pedestrians and bicycles. Crash trends and known conflict points should include neighborhood input and antidotal data, such as areas of known "near misses", or areas where seasonal activities cause safety issues, such as sports arenas or fairgrounds. rjixd 17 2011-2015Vehicles Pedestrians none 2011-2015 Bicycles none 2011-2015 a.Are there any crash trends between specific modes? No: Five of these crashes were left-turn type crashes and seven were rear end type crashes. b.Are there known conflict points between specific modes? No A-4 COMPLETE STREETS IMPLEMENTATION RESOURCE GUIDE 8.Describe Classifications. a. What is the road functional classification? 51St Avenue is a two-lane undivided roadway that is functionally classified as a Major Collector and is designated as a Municipal State Aid Route. b, Does the street cross any high functional classification roads? (yes/no) If so, please list. Yes: Brooklyn Boulevard is functionally classified as an "A" Minor Arterial c. Does the roadway have other classifications (e.g., truck route, transit route, bicycle route, emergency vehicle route)? (yes/no) If so, please list. Yes: 51st Avenue is a Municipal State Aid (MSA) and a Metro Transit bus route. 9.Sketch in or attach the existing cross-section(s). Guidance:The existing cross-section should include the full right-of-way and be clearly dimensioned. Additional cross-sections are advisable to illustrate specific situations or if corridor segments greatly vary. 50' to' 15' GL 15' 5' 5' BLVD TRAVEL LANE/PARKING I TRAVEL LANE/PARKING, BLVD WAI A.5 1 0. What multimodal accommodations exist in the project and on streets that it intersects? Guidance: Multimodal accommodations may include transit routes, sidewalks, trails, and designated on-street bicycle facilities, such as bike lanes, sharrows or signed bike routes. Concrete sidewalk exists along the south of 51st Avenue from Brooklyn Boulevard to Xerxes Avenue. Adjacent to the project area, concrete sidewalk exists along both sides of Brooklyn Boulevard and there are sidewalks within the New Millennium Academy property. Bituminous trails exist in Happy Hollow Park. 11.If there are no multimodal accommodations, how for away are the closest parallel facilities? Guidance: Designated transit routes or bikeways may not exist within the community, and therefore, may not be applicable. NA 12.What multimodal amenities exist in the protect? Guidance: multimodal amenities may include benches, bike racks/lockers, trash receptacles, crosswalks, traffic signals, mature tree canopy, transit stops/shelters, and wayfinding signage. Happy Hollow Park amenities: picnic area, picnic shelter, playground equipment, basketball court, bituminous trails, trash receptacles and mature trees. 13. Describe any particular user needs/challenges along the project corridor that you have observed or have been informed of. Guidance: User needs may consist of lack of facilities (worn dirt pathways), traffic congestion, difficulty accessing bus stops or sidewalks due to snow piles at intersections, at-grade crossings of railroads or high volume roadways, and steep terrain. Difficult to cross the intersection of Brooklyn Blvd and 51st Ave for vehicles and pedestrians. A-o 14.Are the existing facilities ADA and PROWAG compliant? Guidance: Reference resources include the ADA Accessibility Guidelines (ADAAG), Proposed Rights-of -Way Accessibility Guidelines (PROWAG), and MnDOT Accessibility Design Tools website. No: The existing sidewalks along 51st Ave does not have ADA compliant pedestrian curb ramps. The pedestrian curb ramps will be reviewed for compliance and will be replaced with truncated dome detectable warning systems in compliance with the Americans with Disabilities Act (ADA) at each crosswalk location throughout the project as necessary. Identify Existing Deficiencies 15.Based on the land use and transportation context analysis, describe existing and anticipated future deficiencies to full multimodal transportation that the project could/should address. The Brooklyn Center Pedestrian & Bicycle Plan identified converting the existing sidewalk on Brooklyn Boulevard to a 10' bituminous trail. Describe Future Objectives 16.Develop objectives regarding how multimodal facilities will be integrated into the project and how identified deficiencies will be addressed. Guidance: The objectives will form the basis for the street design. -Ensure that the needs and safety of pedestrians, bicyclists, motorists, and transit riders of all ages and abilities are taken into account in the design and operation of roads. -Pedestrian curb ramps should be constructed throughout the project at each crosswalk location with truncated dome detectable warning systems in compliance with the Americans with Disabilities Act (ADA). Recommend Area Typology/Street Typology and Test Cross-section(s) 17.Complete the following questions if your community has developed Area Typologies and Street Typologies (See page 21, "Roadway Classification versus Settings" for a description of area and street typologies.) Guidance: If applicable, list document that contains your agency's Area Typologies and Street Typologies a.What is the recommended Area Typology? NA b.What is the recommended Street Typology? NA APPENDIX A: COMPLETE STREETS WORKSHEET A-7 1 8. Sketch in or attach the initial cross-section(s) that depicts desired street elements. Guidance: Initial cross-section should be clearly dimensioned and indicate any additional right-of-way required. Additional cross-sections are advisable for specific situations or if corridor segments greatly vary. 50' 8' 2' 15' Q 15' 50 5'TRAIL BLVD TRAVEL LANE/PARKING I TRAVEL LANE/PARKING BLVD WAL 19.Describe any constraints associated with the initial cross-section. Guidance: Potential constraints include lack of right-of-way, existing structures, existing mature trees or environ- mental features, topography or number of driveways. Potential constraints would be the number of existing mature trees and landscaping in the right-of-way, number of driveways, increase in impervious surface area and limited right-of way space. 20.Sketch in or attach alternative cross-sections. Guidance: Alternative cross-sections should be modifications of the initial cross-section that respond to identi- fied constraints. All modes should receive equal consideration and accountability in the development of alternatives. I I'] 50' 5' 5 9 15 15' 5' 5'ALK BLVD TRAVEL LANE/PARKING I TRAVEL LANE/PARKING BLVD WAL A-8 Describe Tradeoffs and Select Cross-section 21.Describe tradeoffs associated with the alternative cross-sections. Guidance: Examples of tradeoffs include removal of mature vegetation, narrower travel lanes, removal of on-street parking (one or both sides), right-of-way acquisition costs, and provision of bil<eway facility on an adjacent parallel street. While alternative cross-section would not provide a trail it would reduce the impervious surface area. Potential constraints would be the number of existing mature trees and landscaping in the right-of-way, number of driveways, and limited right-of way space. 22.Sketch in or attach the selected cross-section(s). Guidance: Selected cross-section should be clearly dimensioned and indicate any additional right-of-way required. Additional cross-sections are advisable for specific situations or if corridor segments greatly vary. R.O.W. 50 R.O.W. 10' 15' Q 15' 5' 5' BLVD TRAVEL LANE/PARKING I TRAVEL LANE/PARKING BLVD . WAI • Complete replacement of the sidewalk along the south side of 51St Avenue, as shown above. • A new 6 feet sidewalk located along the south side of Lilac Drive from New Millennium Academy to the TH 100 South Ramp is proposed to connect to the future trail on the west side of Brooklyn Boulevard.o Construction of a center raised median island for pedestrian crossing on Brooklyn Boulevard at 51st Avenue is proposed 23. If the project does not accommodate all modes, list reasons why facilities for that mode are not provided. Guidance: For example, the cost of the facility will be disproportionately high in relation to number of projected users; adequate right-of-way does not exist and acquisition of additional right-of-way would create adverse impacts to valued community assets; a bikeway facility is being planned on an adjacent parallel route that can service bicyclists' needs. Providing a trail/sidewalk facilities on all streets would require mature tree removal and increase the impervious surface area. All of the streets in the project area are local streets with low traffic volumes. Trail/sidewalk facilities on all streets would be out of character for this neighborhood. APPENDIX A: COMPLETE STREETS WORKSHEET A-9 Implementation 24.Identify project milestones, roles and responsibilities for project implementation City Council Conduct Public Hearing I Order Plans: December 11 2017 City Council Approve Plans/Authorizes Advertisement for Bids: January 2018 City Council Accept Bids/Award Project: March/April 2018 Begin Construction: April 2018 Substantial Completion: October 2018 25.How will access for all modes be maintained during project construction? Guidance: Reference resource includes MnDOT Context Sensitive Solutions (CSS) Webinar, Maintaining Pedestrian Access Through Construction & Maintenance Work Zones A drivable street will be maintained at most times during the construction. The exception would be during the installation/repair of the City utilities and reconstruction of the existing roadway, when access may be cut off for a limited period of time. Even during those activities, though, access will be restored by the end of each day. Access to the sidewalk system will be available for the majority of the construction project. However, the main interruption to access of the sidewalks will be during the replacement of deficient sections of sidewalk. For this work, access will not be available for approximately 7-10 days while the concrete cures. 26. Facility Maintenance a.What agency will be responsible for on-going maintenance for each mode? City of Brooklyn Center - Public Works Department will be responsible for on-going maintenance for the streets, sidewalks and trails. b.What specific seasonal and long-term maintenance is needed for each mode? Maintenance activities typically include patching, sealcoating, crack sealing, sweeping, minor sidewalk repair, and the cost of operating and maintaining the park improvements. A-i 0 COMPLETE STREETS IMPLEMENTATION RESOURCE GUIDE 9MIS - Resident Questionnaire Resident Comments Brooklyn Boulevard Reconstruction Project Phase I - Public Open House #1 Summary Feasibility Report 51' Avenue/Frontage Road Improvements QUFATKNNMRE 51 " Avenue Area Reconstruefion Project This questionnaire will help the City of Brooklyn Center Engineering staff to better understand the infrastructure needs and issues in your neighborhood. This survey can be returned in person or by mail to: City of Brooklyn Center/Engineering Division, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430; by fax at 763-569-3440; or by email at: publicworks@ci.brooklyn-center.mn.us . You may also contact us at 763-569-3340 to discuss these issues. Please be advised we will contact you in the near future via mail regarding a meeting which will be held this fall. At the meeting we will gather additional information and solicit your input. Thank you for your cooperation in providing this important survey! Contact Information: Name: Address: Email Address: Phone Number: 2.Our televised sewer inspections typically identify sanitary sewer services with moderate to severe root infiltration. Have you experienced any problems with sanitary sewer service, such as the line plugging or having the service cleaned out to the street? If yes, how often? 3.Typically, improvements to the storm drainage system are needed. Do you have a problem with drainage or flooding in the street, your yard or basement? 4. Do you experience problems relating to the water distribution system such as water pressure, taste, odor or color? Do you have a lawn irrigation (or sprinkler) system located within your property? Please circle one: Yes No (OVER) Do you have a sump pump in your basement? Please circle one: A. Yes, my sump pump runs frequently (at least once every day) B.Yes, my sump pump runs less frequently C.No, I do not have a sump pump or do not use my sump pump D. Unknown 7. Do you have draintile on you property? Please circle one: A. Yes, it drains to the yard B.Yes, it connects to the storm sewer system C.No, I do not have draintile on my property. D. Unknown A rain garden is simply a 'sunken' flowerbed, designed to retain and infiltrate as much storm water as possible. The benefit to the environment is the reduction in the amount of storm water entering our ponds, lakes and streams. If it is feasible to do so, do you wish to have a rain garden placed in the boulevard on your property? (If interested, further rain garden information will be provided this winter.) Please circle one: Yes No Maybe 9.The City's policy pertaining to sidewalk improvements is that sidewalks are not typically installed on local "residential" streets unless the City Council orders the construction of sidewalks when such construction is warranted. Do you feel your neighborhood needs additional sidewalks? Please circle one: Yes No If yes, where? 10.The City's policy pertaining to the spacing of existing street lights is to provide for lighting at intersections and at mid-block locations where spacing exceeds 700 feet. Do you feel your neighborhood needs additional street lighting? Please circle one: Yes No If yes, where? 11. What other concerns, comments and/or issues do you have pertaining to the streets, sidewalks, utilities, etc., in your neighborhood? Should you have questions or need more information, please contact the Engineering Division at 763-569-3340. Engineering Division City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 FAX 763-569-3440 Email: publicworks@ci.brooklyn-center.mn.us a t S It' E ii a: CoEE CC) 0) 0) I S • d -r E 0aE -oCo0a: 0)0)Co C0 U- 0)0)C0) It) Ciiu!Lng Group, Inc. OvooWyn Boffi i (MAN 152) ReconstVUCUOR PvoFct PhFIMO NOW! O[OeB House 61 JUNE 20, 2017 FROM 50 i.M. TO 7:00 RIVL NEW MILLENNIUM SCHOOL IN BROOKLYN CENTER & mm Agency Attendees: Mike Albers (City of Brooklyn Center), Nathan Ehingson (Hennepin County), Steve Hay (City of Minneapolis), Karyssa Jackson (Metro Transit), Karysssi Jackson (Metro Transit), Kevin JuUie (SRF), Jon McPherson (SRF), Jennifer Quayle (SRF), Leif Garnass (SRF), Cindy Wiste (SRF) General Summary: The purpose of the public open house for the Brooklyn Boulevard (CSAH 152) Reconstruction Project - Phase I was to: 1) provide an update of corridor activity following the 2013 corridor study; 2) define the Phase I project area; 3) provide an overview of the Phase I improvements relating to traffic & safety, bike & pedestrians, transit and streetscaping; 4) introduce potential property impacts and process for reimbursement; and 5) present the overall project schedule. Project layouts and display boards (project schedule and roadway typical sections) were available for open house attendees for review and comment. Agency staff interacted with open house attendees, receiving both verbal and written comments. A formal presentation was given at 6:00 p.m. Following the presentation, open house attendees were able to ask questions of the agency staff relating to project improvements. Attendees also had the opportunity to leave comments on forms provided. The boards on display at the open house are provided in Attachment A. The slides from the presentations are provided in Attachment B. Copies of the sign-in and comment sheets are provided in Attachment C. General Comments: Below are general comments or themes that were provided by meeting participants to project staff regarding the project materials and presentation. We need traffic signal at 51" Avenue to improve the intersection. It is difficult to cross the intersection for vehicles and pedestrians. The proposed improvements may not address the needs for this intersection. a We want to make sure that residents are not assessed a second time for the Lilac Drive improvements. )l LH Summaty June 20, 201 Public Open House #1 Page 2 o The connection of Lilac Drive to the new intersection at TH 100 will increase crime, traffic and noise for the residents living along Lilac Drive. o We would like to see increased police presence in the neighborhood and speed bumps once the Lilac Drive connection is completed. o We are concerned with right of way impacts south of TH 100 due to the trail construction. o We are concerned about the proposed 3-lane roadway section south of TH 100 and its ability to accommodate traffic. We have noticed that the current 3-lane section south of 49th Avenue does not adequately handle traffic and back-ups have been observed. Attendance: Public Open House #1 Open House Attendees 1 32 l7O62OOpaii Ho,ce #1\Bnok!yv BouIet'ardPOH #1 S;immii,ji_2017-620.d&: L)J -J ) l - •='I '-'\I-I LL MAIMR GIJ-I z N 0 tL b) no 0 0 1) 0 CM 0 0 INC- =0 0=, ) I © =0 0 rofQ © 0 I IN Q cz 0 I4-c3-0T 8d 1-4Uc r 1iJJt ( y( \N ISz0 I- 0 z0 00 I I i) (5() .1 Th Oj 0 0 rz U,0 OE 0)0 c= LU eg 0 = © =0 © ©0 z0 I- 0 cn —4 z 41 I fir) ) I \f-) 1 Mi 1 © 1) PA )0 'I =0 Z3CIO 00 0 0 FIQ 00 @1 - _-I V LU Al -71 I NO Ir T L i ri 7 .4'\ c ' z0I- 0 U)U) © 0 =0 CIO 0 0 Ono 0 0 0 0 Q) 0 00 cq ci) ci) CDCD Ci) DIJ —J z0 0 LUz0 Ir cj U)11 5 ci C z Brooklyn Boulevard (County Road 152) Reconstruction Project Phase I PUBL I C OPEN HOJSE June 20, 2017 Brooklyn Center, M Comment SS hce Name: Address: Email: Phone; Are you a 6 C' &i q,- Sq ' Resident of project area Business owner in project area - Other (please specify) Please list any comments or concerns below. (o P -Sf A 4'l a /31 a v7 / (41 •1 13ô o (1 oo ^^ S J^7 ^^o r ,( NOTE: Comments should be received by July 28, 2017 by mail OR Email comments to publicworks©ci. brookfyncen tar. mn . us Project Drawings: Street and Storm Sewer Improvements Figure Sanitary Sewer and Water Main Improvements Figure Feasibility Report 51" Avenue/Frontage Road Improvements CO0 00 CC ciz I-0Ui 0rr 09 0 0z 00 CC 0 0 (ID C/)I- Ui LU>0 0 LUI-zLU 0z>--JDL:00 ED NI0 L CL o zioI-0>-0 00 E 10 LU LUW r a09:I—Cf)U) 0 C) r 1 a, I-I- o < LUH o U fl I— = 0 LU C) LU C) LU UCOi USF- S _J C F LLF-< tflF C) U LU U U LC LOU US) Or) / LLJ o o o o Io m o. 1.w xzo 'AA H /1 3AV 0— = r7>7 > / / \ i zszs I 9900 Ins r- 9000 Lus 9005 -, zoos szos >H 9105 Los stos ZO,IAI 6005 0000 U, 1005 111105 III1 LOIS RVIS OS'S 6915 5915 LU 0915 lols: 00)5 1615 9015 u:Is 9Ot LOIS Ozi s—f: -: oils ills - 0010 lOIS 399 iSIS 9SOS • £505 0500 6905 9005 SLOt o 0905 9000 9005 \. 3110 11105 OIL DUB LULL 115 Lqc.6\sluauanojdwi 3000 -j ry wI- :i 0 o -w A:o w Ci) >- •aL: Ln! <C') U) 0 c iA/C <Vi <Vi Viz <C OH (,1H-Vi 0_iOW>-ViO 0V0 'HZ<i-I V1l] <Lii<<Vi<F-_i (CO<H 0<0 <Vi O °'°Hi/i OW Li/U Z Z)Z 0:,-H F- (/)<0<<H Vii-o Hz HLU Z._J <<0 C/iC HZ 010Hi/lwi/i Vi CL/C0 HOWI- CL/lOH-10 00 '-'H OH 1oo P Vii a,= Li- 7 i L DRAFT Proposed Pending Assessment Roll Feasibility Report 51' Avenue/Frontage Road Improvements moo Fil vmmm (.I - z 00 ri_ 'I S S cq vi II. ri S I LO o •I• I cq - I (I) 0z w 11H 0000000.0Q.0.q Q(0 (0 (0 (0 (000 0000 COCO CO CO CO CO 10 0 ft *& CO CO 1)O CO CO>- N- N- N- N- N-> N- N- N- N- N-w 0)0)0)0)0)r r r r r 00000 Cl 000.0.0.0_ICO CO CO CO CO lot10 to If) to IC) (011"1 01 C C C N Ll. -ci- IT ft ILl - co 0)0)0)0)0)r r r r r 0 >> LU DlD Z c I- > > >uj 0-- -.-- -.-. 0 0D W(/)(000I- t r r L L U)U)iOtotoCOCO U)- -0U) Uico (0 ('4 0000 - to 0 -l-o 0000 - 0I CO CO CO to to I- - -ci-0 0) CO CO0 (-'1 '- - -0 00000- 'IT 0000 r r - -ci- rr r r r r UJ ('-1 ("I (\1e4 ('4CO CO CO CO CO O r- r r - rr r r r r000000. r r r r r Oty Cwmiiill Agenda- J[t©inn N©0 6h si.J[.J I fl I I 1k'A L!A I 1k'A [0) 1I )lIJh'i I DATE: November 7, 2017 TO: Curt Boganey, City Manag FROM: Mike Albers, Acting City Engineer,,4J. SUBJECT: Resolution Authorizing Acquisition of Easement for PID 34-119-21-11-0002 Recommendation: It is recommended that the City Council consider approval of a resolution authorizing acquisition of easement for PID 34-119-21-11-0002. Background: There is a small section of land located alongside the Mound Cemetery property. The section of land is within the fence area of the Cemetery, and this small section of land is likely the result of a platting error in the 1920's. This property has gone through tax forfeiture and is now owned by Hennepin County. Hennepin County's intent is to sell the property to Mount Cemetery for the price of $180.70. Because the property is tax forfeited land, the sale would be required to pass-through Hennepin County Housing and Redevelopment Authority. Prior to the pass-through sale, Hennepin County Housing and Redevelopment Authority would be required to have approval from the Brooklyn Center City Council to conduct Housing Redevelopment activity at this parcel in Brooklyn Center. At the June 26, 2017, City Council meeting, the City Council approved a resolution granting approval to the Hennepin County Housing and Redevelopment Authority to transfer tax forfeit property with PID 34-119-21-11-0002 to Mound Cemetery. Prior to the transfer of property to Mound Cemetery, a perpetual roadway and utility easement is needed along the northern property line of PID 34-119-21-11-0002 to cover the existing utilities in this area. The City Attorney has reviewed all easement documents and concurs to the purpose and form of the easement. Budget Issues: The easement is being dedicated at no cost to the City of Brooklyn Center. Strategic Priorities: • Enhanced Community Image Mission: Ensuring an attractive, clean, safe, inclusive comnuwity that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING ACQUISITION OF EASEMENT FOR PID 34- 119-21-11-0002 WHEREAS, the property PID 34-119-21-11-0002 is located in the City of Brooklyn Center; and WHEREAS, the property PID 34-119-21 -11-0002 is a tax forfeited property and owned by Hennepin County Resident and Real Estate Services; and WHEREAS, Hennepin County Housing and Redevelopment Authority Board has approved an action to conduct a pass-through sale of property PID 34-119-21-11-0002 from Hennepin County Resident and Real Estate Services to Mound Cemetery; and WHEREAS, a perpetual public roadway and utility easement is needed along the northern property line of PID 34-119-21-11-0002; and WHEREAS, the Hennepin County Housing and Redevelopment Authority Board has agreed to convey said easement at no cost to the City. 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 to execute the perpetual easement that will be conveyed to the City located on PID 34- 119-21-11-0002, in the name of the City of Brooklyn Center. November 13, 2017 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. (roadway and utility) iJii1Dh1i This Easement is made as of , 2017, by the Hennepin County Housing and Redevelopment Authority (HRA) , a public body corporate and politic organized under the laws of the State of Minnesota ("Grantor") in favor of the CITY OF BROOKLYN CENTER, a Minnesota municipal corporation (the 'City'). RECITALS WHEREAS, Grantor is the fee owner of the real property described on Exhibit A, attached hereto. WHEREAS, Grantor desires to grant to the City certain easements over the Easement Area, legally described on Exhibit B attached hereto (the "Easement Area") on the terms and conditions contained herein. TERMS OF EASEMENTS 1. Grant of Easements. For good and valuable consideration, receipt of which is acknowledged by Grantor, Grantor grants and conveys to the City a perpetual nonexclusive easement over, under, and across the Easement Area for public roadway and utility purposes, subject to the terms and conditions hereof. Scope of Easements. The perpetual roadway and utility easement granted herein includes the right of the City, its contractors, agents, assignees and employees to enter the premises at all reasonable times to locate, install, construct, reconstruct, operate, maintain, inspect, alter and repair any of the following facilities and amenities within the Easement Area: public roadway, drainage, storm sewer, sanitary sewer, water facilities, utility, sidewalk, landscaping or other public facilities or improvements of any type that are not inconsistent with public right of way use. The easements granted herein include the right to cut, trim, or remove from the Easement Area any trees, shrubs, or other vegetation as in the City's judgment unreasonably interfere with the easement or improvements of the City. 2.Maintenance. The City shall comply with applicable laws, regulations and ordinances affecting the Easements and the Easement Area. The City is responsible, at its sole cost, for maintaining, repairing and replacing the sidewalk, trail, streetscape and utility facilities and related appurtenances constructed within the easement areas. 3.Binding Effect. The terms and conditions of this instrument shall run with the land and be binding on Grantor, its successors and assigns. IN WITNESS WHEREOF, Grantor and the City have executed this Easement effective as of the date and year first above written. APPROVED AS TO FORM Assistant County Attorney Date: HENNEPIN COUNTY HOUSING AND REDEVELOPMENT AUTHORITY a Minnesota public body corporate and politic By: Chair of its Board Attest: Deputy/Clerk of the County Board By: Executive Director STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2017, by , the Chair of the Board and the Executive Director of the Hennepin County Housing and Redevelopment Authority, a public body corporate and politic, on behalf of the Authority. Notary Public RECOMMENDED FOR APPROVAL: Deputy Executive Director Date: Director, Community Works Date: SIGNATURE PAGE TO EASEMENT (roadway and utility) CITY OF BROOKLYN CENTER, a Minnesota municipal corporation By: Name: Tim Willson Title: Mayor By: Name: Cornelius L. Boganey Title: City Manager STATE OF MINNESOTA ) ) COUNTY OF HENINEP]IN ) The foregoing instrument was acknowledged before me on 2017, by Tim Willson, the Mayor, and by Cornelius L. Boganey, the City Manager, of the CITY OF BROOKLYN CENTER, a Minnesota municipal corporation, on behalf of said municipal corporation. Notary Public SIGNATURE PAGE TO EASEMENT (roadway and utility) THIS INSTRUMENT DRAFTED BY: City of Brooklyn Center 6301 Shingle Creek Pkwy. Brooklyn Center, MN 55430 EXHIBIT A Description of Property That part of the Northeast Quarter of the Northeast Quarter of Section 34, Township 119, Range 21 described as follows: Beginning at the Northwest corner of said Northeast Quarter of the Northeast Quarter of Section 34; thence East along the North line thereof a distance of 14.2 feet; thence Southwesterly to a point in the West line of said Northeast Quarter of the Northeast Quarter which point is 431 feet South of said Northwest corner; thence North along the West line of said Northeast Quarter of the Northeast Quarter to the point of beginning A-i EXHIBIT B Legal Description of Easement Area A permanent easement for roadway and utility purposes over, under and across all that part of the following described land: That part of the Northeast Quarter of the Northeast Quarter of Section 34, Township 119, Range 21 described as follows: Beginning at the Northwest corner of said Northeast Quarter of the Northeast Quarter of Section 34; thence East along the North line thereof a distance of 14.2 feet; thence Southwesterly to a point in the West line of said Northeast Quarter of the Northeast Quarter which point is 431 feet South of said Northwest corner; thence North along the West line of said Northeast Quarter of the Northeast Quarter to the point of beginning; which lies within Hennepin County State Aid Highway No. 130, Plat 27 on file in the Office of the County Recorder in and for Hennepin County, Minnesota as Document No. 4153965. Oty C©iuiinidll Agda J[thm N©0 6 Clly Ctrnmidli Agdi I[thm N©0 6 S[I1IJ[iJ I V U M'A U I M"A (0) 1I t]JJ!A I DATE: October 17, 2017 TO: Curt Boganey, City Mana THROUGH: Reggie Edwards, Deputy City Manager FROM: Angel Smith, Communication and Community Engagement Coordinator SUBJECT: Amending Chapter 23 of the City Ordinance with Regard to Filming Activities and Commercial Photography Recommendation: It is recommended that the City Council consider An Ordinance Amending Chapter 23 of the City Code of Ordinances Relating to City Filming Activities and Commercial Photography and approve first reading and set second reading and Public Hearing for December 11, 2017. Background: Throughout the year of 2017, the City has worked with filming companies that have produced videos and with commercial photographers who have captured picture images in the City of Brooklyn Center for commercialization purposes. The request for city assistance or services from filming companies and commercial photographers have included, but not limited to the following: • Closing and use of parks • Closing and use of street blocks • Closing and use of public space for staging upward of 10 trucks over night • Enactment of police crime scenes • Enlistment of security during filming • Enlistment of traffic and track light control during filming The city does not currently have a guide, policy, ordinance or fee structure for permitting and regulating commercial filming and commercial photography in the City. As a result, staff drafted a filming activities and commercial photography policy, which the City Council reviewed and discussed on Monday, October 23, 2017. The purposes of the draft policy was to: • Provide staff guidance • Establish permit authorization • Create consistency in business services • Permit processes • Facilitate efficient coordination of filming activities request The City Council reached consensus on the desire to develop a filming activities and commercial photography ordinance. The Council directed staff to develop a filming activities and commercial photography ordinance and bring that ordinance back to the Council. For the Council's review and consideration is a copy of an amended Chapter 23 of the City Code of Ordinances Relating to City Filming Activities and Commercial Photography. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Sill IJIIJ I fl I I Dk'4 UhYA I 3 (I) UI $1PJ'A I The amended ordinance relating to filming activities and commercial photography includes the following sections: • Purpose and objectives • Definitions • Content Application • Fee; Additional Costs • General Requirements • Conditions and Restrictions of Permit • Review Process; Approval • Insurance/Indemnity • Security • Traffic Control Plan and Street Closures • Suspension or Revocation Commercial filming activities and commercial photography may provide opportunities for businesses to conduct business in the City and influence the City's image in a positive manner. Budget Issues: This policy would establish a fee for service instead of a permit fee structure. Thereby, the City would charge commercial filming and photography companies for the use of city services, labor, equipment, and facilities at a rate/amount based on use and cost of service. Policy Issues: Staff request of the Council: 1.Is there a consensus of the Council regarding the amended filming activities and commercial photography ordinance? 2.What is the direction of the Council to staff regarding directing publish a public hearing notice to be held on December 11, 2017 at 7:00 p.m. or as soon thereafter. Strategic Priorities: • Enhanced Community Image Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves (lie public (rust CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 11th day of December, 2017, at 7:00 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway, to consider an ordinance related to filming activities and commercial photography. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the City Clerk at 763-569-3306 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY CODE OF ORDINANCES REGARDING FILMING ACTIVITIES AND COMMERCIAL PHOTOGRAPHY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Article I. Brooklyn Center City Code, Chapter 23 is amended to add new Sections 23-2500 through 23-25 11 as follows: FILMING ACTIVITIES AND COMMERCIAL PHOTOGRAPHY Section 23-2500. PURPOSE AND OBJECTIVES. The purpose of Sections 23-2500 through 23-2511 is to establish standards to protect the health, safety and general welfare of the p]1ic, including the safeguarding of public resources, from the undesirable effects associated with filming activities and commercial photograp hy . Section 23-2501. DEFINITIONS. For purposes of Sections 23-2500 through— 23-2511, the following terms shall have the meanings given them in this Section. A."City manager" - The city manager of the city, or its designee. B."Commercial photography" - All activities associated with the production of still photography for which a fee is charged for the use, reproduction or showin g the product of said photograp hy . C."Filming activities" - The commercial filming of a feature film, television or internet video, documentary, music video, television commercial, or other video advertisement, whether on film, video, or digital media, and all activities associated therewith, including the erection or placement of film sets, film trailers or campers, liahtina, or other filming related structures, equipment or personnel. D."Permit" - A permit issued to engage in filming activities, commercial photography, or both, as requir e d by Section 23-2502 ORDINANCE NO. Section 23-2502. PERMIT REQUIRED; EXCEPTION. Subdivision 1. Unless exempt by this Section, it is unlawful for any person to conduct, establish, or engage in filming activities or commercial photography within a public right-of-way or on any city-owned property without first obtaining a permit from the city. Subdivision 2. A permit is not required for commercial photography which does not: A.Require the use or expenditure of any city resources: B.Inhibit the free flow of lawful traffic and pedestrians on any public right-of-way; C.Cause any damage to city-owned facilities or property; and D.Otherwise endanger the health or safety of the aeneral public shall be exeipmt from this permit requirement. Section 23-2503. CONTENTS OF APPLICATION. Any person desiring a permit shall make application on a form provided by the city manager. The applicant shall set forth: A.The project name; B.The annlicant's name, telephone number, email address, and mailing address: C.A photocopy of the applicant's valid nhoto ID: D.The name and contact information of the producer (if the applicant is not the producer): E.The dates, times and locations of the activities for which a permit is -being requested, and a general description of the filming activities and commercial photography that will take place at each location; F.Whether or not artificial lighting will be used; G.A description of any special effects that will be used - H.A description of all equipment that will be used,-, L A description of proposed parking areas, requested street and sidewalk closures, and outdoor staging areas- J. A description of the proposed use of city facilities, equipment and personnel: ORDINANCE NO. K.An estimate of personnel and equipment needed for crowd control, security, traffic control, and other public safety measures; L.A certified traffic control plan if public roads or sidewalks will be obstructed: and M. A description of any special concerns that the applicant or producer wants the_city to be aware of. Section 23-2504. FEES: ADDITIONAL COSTS. The fee for a permit shall be in the amount set forth in the city's fee schedule. The applicant shall also pay all of the city's costs and expenses incurred in connection with the permitted activities includina. but not be limited to rental of city-owned property, actual costs for city staff time or city equipment, and repair ofy damage to public rights-of-way or other publicly-owned property. Based upon the informatin. contained in the permit application, the applicant shall deposit with the city clerk a prepaid estimate of the city's costs and expenses, as determined by the city manager. At the conclusion of the permitted activities, any of the city's costs below or in excess of the estimate will be either refunded by the city or paid by the applicant, as the case may be. A portion of the fees may be waived by the City for Brooklyn Center students involved in filming or photography projects. Section 23-2505. GENERAL REQUIREMENTS. The city manager will not issue a permit unless it is determined that: A The filming activities or commercial photography will not endanger the public health, safety, morals or general welfare; B.The filming activities or commercial photography will not cause undue traffic hazards, congestion or parking shortages in the thiy C.The filming activities or commercial photography request does not exceed the capacity of the City to provide the requested services or interrupts the ability of the City to provide its routine services. D The filming activities or commercial photography will not result in damage to parks, streets, rights-of-way, or any other property not belonging to the applicant; E No filming activities and commercial photography permit has been recently issued for a location within 300 feet of the location described in the application. The city manager may waive this requirement if it is determined that the purpose and objectives of Sections 23-2500 throuah 23-2511 will be furthered by the issuance of a new permit, though may require that the applicant submit evidence demonstrating that properties located in the vicinity of the location proposed will not be adversely affected by the issuance of a new permit; and ORDINANCE NO. L All other requirements of Sections 23-25 00 through 23-2511 are met. Section 23-2506. CONDITIONS AND RESTRICTIONS OF PERMIT. The city manager may impose conditions and restrictions upon the pe rm it holder, as deemed necessary for the protection of the public interest and properties and to ensure compliance with the requirements of the city code. Said conditions and restrictions may include, but shall not be limited to, the followmnn: A Submitting evidence that a notice describing the proposed filming activities and commercial photography, includina the proposed dates thereof, has been mailed to all affected property owners. If so required, the notice shall be mailed following the issuance of the permit but not less than five days prior to the date of pitted activities: B.Contacting the Brooklyn Center Police Department to discuss safety and security measures; C.Employing its own security personnel; D.Using only designated streets and parkina area E.Promptly restoring all public nroperty, streets, sidewalks and rights-of-way to at least their original condition- F.Promptly undertaking and completing all filming and related activities within peimitted timelines; and G.Any other conditions or restrictions deemed necessary to further the intent of Sections 23-2500 through 23-2511. Section 23-2507. REVIEW PROCESS; APPEAL. Applications for permits shall be reviewed and either approved or denied by the city manager. An applicant aggrieved by the city manager's decision may appeal to the city council. Written notice of the appeal must be given to the city manager within 10 days of the city manager's decision and must summarize the applicant's reasons for appealmnn. The council shall consider the appeal at the next regularly scheduled city council meeting on or after 10 days from service of the notice of appeal to the city manager. 23-2508. INSURANCE; INDEMNITY. The city manager may require that the applicant file a public liability insurance certificate, issued by an insurance company authorized to do business in the State of Minnesota. The policy shall insure the applicant and name the city as an additional insured in the sum of not less than $300,000. Certain elements or activities may require greater coverage, if determined necessary by the city manager. The city manager may also require that the applicant sign an indemnification agreement, indemnifying the city and ORDINANCE NO. holding it harmless from any loss, cost, damage and expense arising out of the use of any premises for filming activities or commercial photograp hy .. 232509. SECURITY. The city manager may require that the applicant post financial security in the form of a surety bond or other form acceptable to the city as a condition to the issuance of a permit. If so required, the applicant shall file with the city clerk the required security in the amount and form required by the city manager. If a letter of credit is used to pro vide the security, it shall be irrevocable and unconditional, issued by a federally insured bank, and shall otherwise be on terms approved by the city manager. The security shall be conditioned. on compliance by the applicant with the city code, payment to the city of all fees, expenses. fines and penalties required by state or local law, and payment to the city of any damages the city may sustain by reason of the permitted activities. 232510. TRAFFIC CONTROL PLAN: STREET CLOSURES. A.A.ftill street closure will not be permitted unless the application or change reqç is submitted at least five business days prior to the closure. The applicant mjy further be subject to a $500 fee per street closed. B.Applicants shall furnish and install advance warning signs as requested by the çjy and in conformance with any requirements imposed by the Minnesota Department of TransDortation (IVINDOT. All appropriate safety precautions shall be taken b y th e applican 23-2511. SUSPENSION OR REVOCATION. The city manager may suspend or revoke a permit if the permittee fails to. A.Comply with the requirements of these Sections 23-2501 through 23-2511 B.Comply with any condition placed on the permit: C.Provide security in the required amount and form ; r D.Conduct the filming activities or commercial photography in a way that does n o t endanger the public health, safety, morals or general welfar e. Article II. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of ,2017. Mayor ORDINANCE NO. ATTEST: City Clerk Date of Publication Effective Date (Strikeout indicates matter to be deleted, double underline indicates new matter.) Mr. Gilchrist stated he will prepare a memorandum on the Little Falls case for the City Council's review. It was the majority consensus of the City Council to direct staff and the City Attorney to research options including the ability of the City's Code Enforcement Officers to cite a person in travel ek lanes impeding traffic and/or littering violationsF— CY REGARDING C OMMERCIAL FILMING WITHIN THE CITY LIMITS Mr. Boganey introduced the item, noting the City has periodically worked with independent filming companies to shoot videos or capture picture images in the City for commercialization purposes. He explained the City needs to have a policy that is more defined so staff has conducted some research and prepared ideas and suggestions on what can be done going forward. Communications Coordinator Angel Smith reviewed research conducted on film and photography as the City does not currently have a policy in place. She stated following discussion tonight, staff would like a clear understanding of next steps in how staff should proceed in terms of policy language. Dr. Smith stated over the past four months, there have been four or five inquiries by private companies desiring to film video in Brooklyn Center that involved closing and use of parks and streets, closing and use of public space for staging upward of vehicles overnight, enactment of police crime scenes for video and/or movies, enlistment of security during filming, and enlistment of traffic and track light control during filming. Dr. Smith stated to help them have a successful project, it requires the City to provide services, labor, equipment, facilities, expertise, and public space. She stated staff has met, reviewed, and discussed policies, ordinances, and practices of other cities with filming permit processes. Dr. Smith reviewed the sample ordinances staff had examined and elements required that staff feels the City should consider if the City Council decided to move forward. Additional issues involve the application submittal and timing of that consideration, insurance requirements, permit duration, definitions, content, fees, and duties of the permit holder. In addition, one allowed for the community to work closely with schools and students who want to film or create a video, and have the option to waive the fee. Dr. Smith stated the purpose of the ordinance is to provide staff guidance so they can move forward consistently when a request is received, follow a permit process, and coordinate filming activities when requested. Discussion of this item continued and reached conclusion at the October 23, 2017, Work Session. Councilmember Ryan moved and Councilmember Graves seconded to close the Study Session at 6:45 p.m. Motion passed unanimously. 10/23/17 -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 OCTOBER 23, 2017 CITY HALL - COUNCIL CHAMBERS IU (Oil) 1 )J1W The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session called to order by Mayor/President Tim Willson at 7:52 p.m. Mayor/President Tim Willson and Councilmembers/Commissioners Marquita Butler, April Graves, Kris Lawrence-Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Communications Coordinator Angel Smith, Director of Business and Development Gary Eitel, City Attorney Troy Gilchrist, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. POLICY REGARDING COMMERCIAL FILMING WITHIN THE CITY LIMITS - (continued) Communications Coordinator Angel Smith concluded her presentation by stating staff wants a policy or application process in place relating to this topic because the City will be asked again. She asked for the City Council/EDA's direction in how staff should move pertaining to this issue. Councilmember/Commissioner Ryan stated it is a sound suggestion to have a fee for services and fee structure as there may be hidden costs involved with these filming activities to assure the City recovers its costs. Councilmember/Commissioner Graves suggested staff draft some language and stated support for a scholarship program for local film makers so a fee does not get in the way, and to assure the film/photograph influence the City in a positive manner. She also suggested the purpose of said film be part of the vetting process to assure it does not do the opposite. Mayor/President Willson asked whether staff can arbitrarily decide whether or not a film/photograph is in the City's best interest. City Attorney Troy Gilchrist advised that once the City opens a forum, it needs to treat all equally even if the City doesn't agree with the theme of the film/photograph so that is a consideration. However, when issuing a permit impacts public safety or traffic interference, it may be appropriate to say no. Councilmember/Commissioner Graves stated she would also not want the City charged with censorship but recalled a video filmed at a high school that included gang signs and not the 10/23/17 4- DRAFT message the high school wanted so she would want to know the purpose of the project requesting a permit, to be intentional. Mayor/President Willson stated he has been part of videos made in the City and with those videos, the City had the ability to prescreen them. He asked whether that's an option. Mr. Gilchrist stated that would be difficult but his impression is the City would have the right to ask the applicant to describe in some detail what they are proposing to do so the scope of staff resources, impacts, and traffic is known. Councilmember/Commissioner Butler stated she would support moving forward with an ordinance and asked if the permits would be voted on by the City Council or administratively approved. City Manager Curt Boganey stated it would be at staffs discretion within the parameters established by the City Council. Mayor/President Willson requested a presentation of the policy, once drafted, before the City Council/EDA. Mr. Boganey addressed the comment made about establishing a fee for services and asked Dr. Smith to elaborate on the basis to suggest a fee for services as opposed to a permit fee. Dr. Smith stated staff looked at what eight communities had in place and found some had an application permit fee and others did not. Staff doesn't want to restrict people from doing this but to have something in place to address policy issues. Dr. Smith explained that having a fee for service instead of a permit fee structure was discussed and staff believed it was not necessary to have an application fee because at this point, the majority of individuals may need assistance from the Police Department. Instead, the City should establish the amount of time, number of employees, use of time, and provide that information so the permittee is charged accordingly. Mr. Boganey stated staff will establish hourly rates for personnel and use of certain types of equipment so a quote can be given to the permittee. He asked whether there will be a limit established on the amount that can be requested, in case it is beyond the City's ability to provide. He also asked whether there will be a provision to deny based on that type of circumstance. Dr. Smith stated staff will draft that type of provision to address whether the City has adequate resources to meet the request. Mayor/President Willson stated part of the application process is to capture data points on who they are, the company they represent, type of insurance, how the City would be held harmless, and all of those types of issues. Councilmember/Commissioner Ryan stated with still photography, it may be very nonintrusive but with other activities, such as a major film, it may be more disruptive. Dr. Smith noted the drafted application asks for name, production manager's name, duration, type of film, type and level of staff assistance requested, closing streets, and those types of details so a lot of information is gained at the start. Mayor/President Willson noted that will also allow the ability to negotiate. 10/23/17 -2- DRAFT The majority consensus of the City Council/EDA was to direct staff to prepare a draft as discussed for presentation to the City Council/EDA atafuture Work Session. DISCUSSION ON AMENDING THE MINIMUM DEVELOPMENT PARAMETERS OF THE SHINGLE CREEK CROSSING PURCHASE AGREEMENT FOR THE EPA PARCEL (FORMER BOULEVARD BAR & GRILL/GROUND ROUND RESTAURANT SITE) TO INCLUDE A 4,000 SQUARE FOOT BANK Director of Business and Development Gary Eitel introduced the item and the City Council's/EDA's past consideration of the Shingle Creek Crossing Planned Unit Development (PUD) plans and final plat of Shingle Creek Crossing. He explained the original Midas Muffler Shop site was not part of the original Shingle Creek Crossing project so the EDA offered an incentive to include another site with the condition that it include a restaurant site. Mr. Eitel reviewed the surrounding uses and stated the HOM Furniture use will be considered in the next few weeks but they are not interested in developing the EDA parcel. Now, Told Development has a letter of intent to develop the site for a bank. Mr. Eitel asked whether the City Council/EDA believed the future development of a bank at the eastern entrance to the Shingle Creek Crossing PUD is in keeping with the vision for the redevelopment of this parcel and if it supports the addition of at least a 4,000-square foot bank to the minimum development parameters provisions of the purchase agreement for the conveyance of the EDA parcel. He stated if approved, the City will likely receive a development application before the end of the year. Mayor/President Willson stated the City Council/EDA had a list of uses they did not want to see on this site and if the local economy doesn't support a restaurant business, even with incentives, then he thinks the bank is an acceptable use on that corner. Councilmember/Commissioner Ryan agreed and stated he would favor going forward with a bank as long as it does not hinder a future restaurant use. He asked about having a medical use adjacent to the HOM Furniture development. Mr. Eitel stated the plan shows they will maintain flexibility and continue to work for. a 32,000 square foot medical building on that site so that is still the intention. He explained the developer is asking for flexibility on the uses as they have more parking than needed for HOM Furniture. Councilmember/Commissioner Butler stated she would love to have a restaurant but having a national bank will bring in customers to those businesses so she supports moving forward. The majority consensus of the City Council/EDA was to direct staff to amend the minimum development parameters of the Shingle Creek Crossing purchase agreement for the EDA parcel (former Boulevard Bar & Grill/Ground Round restaurant site) to include a 4,000-square foot bank. Mayor/President Willson noted many Sears stores are closing and asked about the Brooklyn Center location. Mr. Eitel stated he has heard nothing about the Brooklyn Center site and staff continues to reach out to them. 10/23/17 -3- DRAFT Cfty C©miil Aginidi ll©m N©0 6k [EI1$J(i1 I fl I kYA L'A I M'4 (I) 1'WI )1IIh'A I DATE: November 13, 2017 TO: Curt Boganey, City Mar FROM: Reggie Edwards, Deputy City Manager SUBJECT: Amending Chapter 11 of the City Code of Ordinances Relating to Liquor License Recommendation: It is recommended that the City Council consider An Ordinance Amending Chapter 11 of the City Code of Ordinances Relating to Liquor License and approve first reading and set second reading and Public Hearing for December 11, 2017. Background: Over the past year, business establishments in Brooklyn Center have inquired about the liquor license fees and requirements. Representatives of business establishments such as Chipotle, Wingstop, and Qdoba have inquired about obtaining either a wine license or an on-sale intoxicating liquor license, as they would like to add craft beers and margaritas to their menu. Due to the City'city liquor license regulations such as the 75 minimum seating requirements for a wine license and/or the 150 minimum seating requirements for an on-sale intoxicating liquor license, some business establishments have not been able to meet the requirements to obtain either liquor license in Brooklyn Center. As a result, both existing business establishments and the City may have been positioned at a competitive disadvantage. In 2017, staff reviewed and compared the number of on-sale liquor license establishments, fees, and types of requirements for twelve cities within the regional market place of Brooklyn Center. In addition, staff completed an assessment of police call per type of liquor license establishment within Brooklyn Center. Key findings from the comparative research were: • Businesses consider the factors of liquor license fee and regulations (i.e. seating and food/liquor sales ratio) as factors in determining to locate, expand, and/or remain in Brooklyn Center. • Brooklyn Center has one of the lower number of establishments licensed to server intoxicating liquor among the cities reviewed in this study. • Brooklyn Center has a higher fee structure than the average fee structure of the cities reviewed in this study. Only one city among those reviewed had a higher fee structure. • Brooklyn Center has more restrictive seating capacity regulations than the cities reviewed in this study. • Brooklyn Center has a higher food to liquor sales ratio regulation than the cities reviewed in this report. • Data does not reveal a significant difference in police calls among the Brooklyn Center liquor license classes. The classes are distinguished primarily by food to liquor sales ratio. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of lift for all people and preserves the public trust iI[I]JJ[iJI flI 3h'A UYAI k'4 [OIII1IJhYAI In June 2017, the Council discussed the liquor license regulations and fees. The Council directed staff to develop an amended liquor license ordinance to address the following issues: Flattening (simplifying) the classification and fee tier system o Setting the City fees that are comparable and competitive with other cities within the city's market Addressing related public safety matters Staff has drafted an amended city liquor license ordinance to address both the charge of the Council and barriers that may prevent the City from achieving the aims set forth by the Council including: o Seating capacity o Fee structure o License classification o Floor spacing regulations o Administrative efficiency and cost efficiency Listed below are the significant changes to the current ordinance. There were some minor additions and reordering of sections made to the ordinance for comprehensiveness, readability and sequential ordering purposes. Significant Changes of Ordinance Current Liquor Ordinance Proposed Liquor Ordinance Flattening (simplifying) the classification and fee tier system On-Sale Liquor Intoxication Classifications (i.e. class No classification system A, class B and on through class F). Classifications are based on food to liquor revenue ratios. Food/Liquor Ratio varied by classification (i.e. 60%There is only one food to liquor license ratio, which is food to 40% liquor revenue sales or 80%/20%, etc.),30% of revenue derive from serving food. were the bases for the varying fee structure. Seating regulations varied based on type of All establishment are treated the same and seating establishment such as hotel (100 dining room guest regulation is based on state statute, which is 30 guest seating at one time) and restaurant (150 guest seating seating at one time at one time) Dining room areas where food purchase and No dining room area requirements consumption occurred on the premises varied in square footage regulations. Hotels dining room area regulations are 1,200 square feet, and restaurants are required to provide 1,800 square footage. Restaurant on-sale wine license require 75 guest Reduced to a requirement of 25 guest seating at one seating at one time time Setting the City fees that are comparable and competitive with other cities within the city's market Fees ranged from $8,000 to $14,000 based on the tier There will be only one base fee of $6,500 for all classification system. Brooklyn Center has one of the qualified on-sale liquor license establishments. The Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust I[S1IJ[* I fl I N &'A Uh 'i I IkTA [I) 1I P1IA I 'iighest fee structure within the comparative market ities. base fee amount was premised on the average fee of the comparative market cities Addressing related public safety matters Optional 2:00 A.M. Closing Special Liquor License No special license. There is only one business establishment that had applied for this license over the past 3 years. The one establishment incurred 48% of its police calls during the hours of 1:00 A.M. and 4:00 A.M. By eliminating this special licenses establishments will cease to serve liquor at 1:00 A.M. Attached for the Councils review, discussion and consideration are: o Amended city liquor license ordinance o Draft amended city liquor license fee resolution Policy Issues: 1.Is there a consensus of the Council regarding the amended city liquor license ordinance? 2.What is the direction of the Council to staff regarding directing publish a public hearing notice to be held on December 11, 2017 at 7:00 p.m. or as soon thereafter. Strategic Priorities: Targeted Redevelopment Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 11th day of December, 2017, at 7:00 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway, to consider an ordinance related to liquor licensing. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the City Clerk at 763-569-3306 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 11 OF THE CITY CODE OF ORDINANCES REGARDING LIQUOR LICENSES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Article I. Brooklyn Center City Code, Section 11-103 is amended as follows: 1.Brew Pub. as used in this Chapter. means a Brewer who also holds one or more retail on-sale licenses and who manufactures fewer than 3.500 barrels of malt liquor in a year. at any one licensed Premises, the entire production of which is solely for consumption on tap on any licensed Premises owned by the Brewer. or for off-sale From those licensed premises as permitted in Minnesota Statutes, Section 340A2 Subdivision 2. 2.Brewer, as used in this Chapter, means a person who manufactures malt liquor for sale. I Club, as used in this Chapter, means an incorporated or g anization organized under the laws of Minnesota for civic, fraternal, social, or business purposes. for intellectual improvement, or for the promotion of sports, or a con aressionaijy chartered veterans' organization, which: (1) has more than 30 members: (2)has owned or rented a building or space in a building for more than one year that J suitable and adequate for the accommodation of its members; and (3) is directecjj2y a board of directors, executive committee, or other similar body chosen byth e members at a meeting held for that purpose. No member, officer, agent, or employee shall receive any profit from the distribution or sale of beverages to the members of the Club, or their guests, beyond a reasonable salary or wages fix e d and voted on each year by the governing body 44. Hotel, as used in this Chapter, means and includes any establishment having a resident proprietor or manager where, in consideration of payment therefor, food and lodging are regularly furnished to transients, which maintains for the use of its guests not less than 100 guest rooms with bedding and other usual, suitable, and necessary furnishings in each room, which is provided at the main entrance ORDINANCE NO. with a suitable lobby, desk, and office for the registration of its guests on the ground floor, which employs an adequate staff to provide suitable and usual service, and which maintains under the same management and control as the rest UI 11I LUU1i,th11.,i appropriate faeilities for seating net less than 100 guests at one time, where the general public are, in consideration of payment therefor, served with meals at tables. In the case of an on sale Cl-ass E license, the Hotel-shall--have and which has a dining room with appropriate facilities for seating not less than 30 guests at one time where guests are provided with food and beverages. 25. Liquor, as used in this Chapter, without modification by the words "intoxicating" or "3.2 percent malt," includes intoxicating liquor, 3.2 percent malt liquor, and malt liquor. 6. Premises, as used in this Chapter, shall mean the inside of the building or the leased space inside a building as shown on the plan submitted to the City Manager's designee with the original license. Outside areas, such as patios or parking lots, shall not be included in the definition of "Premises" unless specifically listed on the license or special permission is obtained in writing from the City for a limited period of time under certain conditions. 47. Restaurant, as used in this Chapter, means an eating facility, other than a Hotel, under the control of a single proprietor or manager, where meals are regularly prepared on the Premises, where full waitress/waiter table service is provided, where a customer orders food from printed menus and where the main food course is served and consumed while seated at a single location and that has at least 30% of its applicable revenue derived from the serving of food for consumption on the Premises. It shall have a license from the State as required by Minnesota Statutes, Section 157.16, as it may be amended from time to time, which has been delegated to and is issued by Hennepin County, and shall meet the definition of either a "small establishment," "medium establishment," or "large establishment" as defined in Minnesota Statutes, Section 157.16, Subdivision. 3(d), as it may be amended from time to time. An establishment that serves prepackaged food that receives heat treatment and is served in the package or frozen pizza that is heated and served, shall not be considered to be a "Restaurant" for purposes of this Chapter unless it meets the definitions of "small establishment," "medium establishment," or "large establishment." Article II. Brooklyn Center City Code, Section 11-104 is amended as follows: Section 11-104. MUNICIPAL LIQUOR STORE. Subdivision 1. Municipal Liquor Store. A municipal liquor store that was previously established is hereby continued to be operated within the city for the off-sale of intoxicating liquor. Except as provided in Section 11 - 107-", no intoxicating liquor shall be sold or caused to be sold at off-sale within the city by any person or entity other than that at the ORDINANCE NO. municipal liquor store. Article III. Brooklyn Center City Code, Section 11-107 is amended as follows: Section 11-107. TYPES OF LIQUOR LICENSES AND PERMITS. The following are the types of Liquor licenses and permits that may be issued by the City pursuant to this Chapter: On-Sale 3.2 Percent Malt Liquor License. The City may issue On-Sale 12 Percent Malt Liquor Licenses, which shall permit the consumption of 3.2 percent malt liquor on the licensed Premises only. This license is subject to Minnesota Statutes, Section 340A.403 and shall be issued only to a Restaurant, elub, bowling center, or Hotel where food is prepared and served for consumption on the Premises or to the City of Brooklyn Center for City facilities and events. 2. Off-Sale 3.2 Percent Malt Liquor License. The City may issue Off-Sale 3.2 Percent Malt Liquor Licenses. This license is subject to Minnesota Statutes, Section 340A.403 and allows which shall permit the sale of 3.2 percent malt liquor in its original package for consumption off the licensed Premises only. Temporary On-Sale 3.2 Percent Malt Liquor License-j.The City may issue Temporary On-Sale 3.2 Percent Malt Liquor Licenses, but which shall be issued only to a club or charitable, religious, or nonprofit organization. Temporary On Sale 3.2 Percent Malt Liquor Licenses shall be This license is subject to Minnesota Statutes, Section 340A.403 and any special terms and conditions the City Council may prescribe. 4. On-Sale Intoxicating Liquor License. The City may issue On-Sale Intoxicating Liquor Licenses, which are subject to Minnesota Statutes. Section 340A.404. to the following establishments: a. A Restaurant must have with a dining room that is open to the general public, with a total minimum floor area of 1,800 square feet and seat seating for not less than 440 30 guests at one time_in order to obtain an On Sale Intoxicating Liquor License. The following are the classes of On Sale Intoxicating Liquor Licenses that may be issued by the Qty-. A Hotel with a dining room that is an integral part thereof, is under the same management and control as the Hotel, with appropriate facilities for seating not less than 30 guests at one time, and where the general public is, in consideration of payment therefor. served with meals at tables. C. A Club that has been in existence for at least three years that sells Liquor only to members and bona fide guests. This license may be issued only with the approval of the Commissioner of Public Safetv d. A business establishment that is not otherwise eligible for an on-sale ORDINANCE NO. intoxicating liquor license and that, as part of its business, conducts culinary or cooking classes for which payment is made by each participant or advance reservation required. This license is subject to Minnesota Statutes, Section 340A.4041. e. In accordance with Minnesota Laws 1990, Chapter 554, Section 20, may issue one on-sale intoxicating liquor license for the Earle Brown Heritage Center that authorizes the sale and serving of liquor to persons attending events at the center. This license is in addition to the number of on-sale intoxicating liquor licenses the City is authorized to issue. a.On Sale Class A Intoxicating Liquor License. A Hotel or Restaurant that has-80% or more of its applicable revenue derived from the serving of food for consumption on the Premises is eligible for a Class A lieense- b.On Sale Class B Intoxicating Liquor License. A Hotel or Restaurant-that has 50% to 79% of its applicable revenue derived from the serving of food for consumption on the Premises is eligible for a Class B license. c. On Sale Class C Intoxicating Liquor License. A Hotel or Restaurant that has 10% to 19% of its applicable revenue derived from the serving of feed for consumption on the Premises and derives a considerable part of its revenue from sources ether than Liquor or food is eligible for a Class C license. 4. On Sale Class D Intoxicating Liquor License. A Hotel or Restaurant that is a new Liquor license applicant that has net established a ratio between food and Liquor revenue for the Premises is eligible for a Class D License. Twelve months of documentation of feed and Liquor sales shall be presented by the licensee to the City Manager's designee on or before the date of license renewal in order to determine the appropriate license class for the following year. If such documental ion is net available, the Class D license shall be extended for no more than one additional year. Otherwise, a-Glass A, B, or C license will be assigned by the City based on the established ratio between food and Liquor sales. e. On Sale Class E Intoxicating Liquor License. This license is available only to Hotels that serve food and Liquor in a dining room that is open-to the -general public that has a total minimum floor area of 1,200 square fee and seating for 100 people; and that is conducted in such a manner that a significant part of the revenue for a license year is the sale of feed for eeasumptien on the Premises. Applicants for Class E licenses must submit with their applications menus of feed and nonalcoholic beverages that will .be.served with the Liquor. dispensed. .The .City Cou.neil shall determine whether such food and beverages are adequate to protect the public.in.rests..- Changes in -renu may not be made .rithou. the .prior ORDINANCE NO. uiuwmll4rLumMgJ jjI1i1 1VfflLUJfl1RJIWHT ii]IllIII I1JIIIft1J&UIIIIT 11iti tLLIiiifliIillU1]'Tfl JLuI1JLM111jJIiI1IATliUU IikWlWTiillLLi1lflIURJIIthIIitiJJ1LTllflU1TItIIUU1ii1illJJ11EIiTi gf. Special Provision; Special Event Permit. The holder of an On-Sale Intoxicating Liquor License may be granted a Special Event Permit by either the City Council or by the City Manager's designee for a temporary expansion of the licensed Premises for wedding receptions, parties, promotional activities, or other special events. A Special Event Permit may be issued by the City only for specified areas of the same lot, piece or parcel of land on which the Premises lies, or a contiguous lot, piece or parcel of land. Application shall be made to the City Manager's designee on a form provided by the City and all information requested by the City Manager's designee shall be submitted therewith. A Special Event Permit may be granted for a period of no more than 10 days, and permits may not be granted for a total of more than 40 days in any one license year. In acting on an application, consideration shall be given by the City to such factors as noise, nature of entertainment to be provided, potential difficulties with law enforcement or security, proximity of residential or other sensitive land uses, effect on parking or other zoning or land use controls, and the nature of the event proposed. The Special Event Permit may specify conditions with which the licensee must comply, and the sale of Liquor pursuant to the permit shall be deemed a consent and agreement to the imposition of such conditions. Violations of any such conditions or any other provisions of law are grounds for suspension or revocation of the Special Event Permit and of the licensee's Liquor license. 5. Sunday On Sale Intoxicating Sales Liquor License. This license may be issued only to an establishment that holds an On Sale Intoxieating Liquor Lieense and ORDINANCE NO. that serves Liquor only in eonjunetion with the service of food and to holders of a brewer taproom license. This license may only be issued to establishments that hold an: a.On-Sale Intoxicating Liquor License and that serves Liquor only in conjunction with the service of fond b.On-Sale Brewer Taproom License: C. On-Sale Brew Pub License and that serves Liquor only in conjunction with the service of focxk d.Off-Sale Brew Pub License e.Off-Sale Small Brewer License - C.Off-Sale Microdistillery License, but only if the City's municipal liquor stores are open on Sunday, and then only during the same hours: or f. On-Sale Microdistillery Cocktail Room License. An establishment that obtains a Sunday Sales License for Sunday sales under one license is not required to obtain a Sunday Sales License for any other license the establishment holds that allows sales on Sundays for the same Premises. 6. Temporary On-Sale Intoxicating Liquor License. This license may be issued only upon receiving the approval from the Commissioner of Public Safety. The license may be issued only in connection with a social event within the city that is sponsored by a club or charitable, religious, or other nonprofit organization that has existed for at least three years or to a brewer who manufactures fewer than 3,500 barrels of malt liquor in a year. The license may authorize the sale of intoxicating liquor to be consumed on the Premises for not more than three consecutive days, and the City shall issue no more than twelve days' worth of temporary licenses to any one organization or for any one location within a 12- month period. The temporary license may authorize the sale of intoxicating liquor to be consumed on Premises other than Premises the licensee owns or permanently occupies. The temporary license may provide that the licensee may contract for intoxicating liquor catering services with the holder of an On-Sale Intoxicating Liquor License issued by any municipality. WARIMMEMNWWM MMU in,• • JMQA WIMIMMI 1.ORION 2. On-Sale Wine License. This license may be issued only with the approval of the ORDINANCE NO. Commissioner of Public Safety. This license may be issued only to a Restaurant that has a dining area that is open to the general public and has seating for not less than 25 guests at one time. The Restaurant's business must be conducted in such a manner that a significant part of the revenue for a license year is the sale of food. Only the sale of wine not exceeding 14 percent alcohol by volume for consumption on the licensed Premises in conjunction with the sale of food shall be permitted. A Restaurant with an On-Sale Wine License is not required to obtain a Sunday Sales License for on-sale of wine on Sund ay s, w 1liM!!t 1708. Consumption and Display Permit. This permit may be issued to an applicant for an establishment that complies with the requirements of Minnesota Statutes, Section 340A.414, and has obtained a permit from the Commissioner of Public Safety. -- NMI Thi IjJ fflffIJflr]I 9. On-Sale Brew Pub License. This license may be issued to a Brew Pub that operates a Restaurant in the place of manufacture of malt liquor. This license is subject to Minnesota Statutes, Section 340A.24 and allows the City to issue an On-Sale Intoxicating Liquor License or a 3.2 Percent Malt Liquor License for the Brew Pub. Sales on Sundays may only occur if a Sunday Sales License is obtained from the City. Off-Sale Brew Pub License. This license may be issued to a Brew Pub that holds an On-Sale Brew Pub License with the approval of the Commissioner of Public Safety. This license is subject to Minnesota Statutes. Section 340A.24 and allows Off-sale of malt liquor produced and packaged on the licensed Premises duringç leg al hours for off-sale at the City's liquor stores and the malt liquor sold off-sale must be removed from the Premises before closing time of such liquor stores. Growlers only may be sold off-sale on Sundays if a Sunday Sales License is obtained from the City. Packaging of malt liquor for off-sale must comply with Minnesota Statutes, Section 340A.285. 4-2fl. On-Sale Brewer Taproom License. This license may be issued to the holder of a brewer's license under Minnesota Statutes, Section 340A.301, Subdivision 6(c), (i), or (j). A brewer taproom license This license is subject to Minnesota Statutes, Section 340A.26 and authorizes on-sale of malt liquor produced by the bBrewer for consumption on the premises of or adjacent to one brewery location owned by ORDINANCE NO. the brewer. A bllrewer may only have one bflrewer tlaproom lLicense and may not have an ownership interest in a Brew Pub brewery licensed under Minnesota Statutes 340A.301, Subdivision 6(d). A bBrewer tlaproom iLicense may not be issued to a bllrewer if the brewer seeking the license, or any person having an economic interest in the bllrewer seeking the license or exercising control over the bflrewer seeking the license, is a bBrewer that brews more than 250,000 barrels of malt liquor annually or a winery that produces more than 250,000 gallons of wine annually. Sales on Sundays may only occur if a Sunday Sales License is obtained from the City. 12. Off-Sale Microdistillery License. This license may be issued to a microdistiiky for the off-sale of distilled spirits. This license is subject to Minnesota Statutes, Section 340A.22 and allows the sale of one 375 milliliter bottle per customer per day of product manufactured on-site. Off-sale of distilled spirits is limited to the hours of off-sale liquor as set forth in this Chapter. No brand may be sold at the microdistillery unless it is also available for distribution by wholesalers. At least 50 percent of the annual production of the distiller must be processed and distill e d on premises. Sales on Sundays may only occur if a Sunday Sales License is obtained from the City . I On-Sale Microdistillery Cocktail Room License. This license may be issued to the holder of an Off-Sale Microdistillery license. This license is subject to Minnesota Statutes, Section 340A.22 and allows on-sale of distilled liquor produced by the distiller for consumption on the Premises of or adjacent to one distillery location owned by the distiller. At least 50 percent of the annual production of the distiller must be processed and distilled on premises , Sundays may only occur if a Sunday Sales License is obtained from the City. 14. Off-Sale Small Brewer License. This license may be issued to a Brewer licensed under Minnesota Statutes, Section, Subdivision 6. clause (c), (i). or (j). This license is subject to Minnesota Statutes, Section 340A.28 and allows the off-sale of malt liquor at its licensed premises that has been produced and packaaed by the brewer. The license must be approved by the Commissioner of Public Safçty . The City may not issue an Off-Sale Brewer License to a Brewer if the Brewer seeking the license, or any person having an economic interest in the Brewer seeking the license or exercising control over the Brewer seeking the license, is a Brewer that brews more than 20 ,000 barrels of its own brands of malt liq uo r annually or a winery that produces more than 250 .000 gallons of wine annuall y. Packaging of malt liquor for off-sale must comnlv with Minnesota Statutes, Section 340A.285. Sales on Sundays may only occur if a Sunday Sales License is obtained from the Article IV. Brooklyn Center City Code, Section 11-110, Subdivisions 1 and 4 are amended as follows: Section 11-110. LICENSE AND PERMIT FEES; PRO RATA. ORDINANCE NO. Subdivision 1. License Fees. The fees for all Liquor licenses and permits shall be set by City Council resolution. Th e amount of the fees shall not exceed any limit establishe d Statutes, Chapter 340A. The City Council shall not increase a fee unless notice of the proposed increase is mailed to all affected licensees at - least 30 days before. public hearing held on the proposed increase as provided in Minnesota Statutes, Secti o n 340A.408. subdivision 3a. Subdivision 4. Pro Rata Fees. The fee for all Liquor licenses, except temporary Liquor licenses, that are granted after the commencement of the license year shall be prorated for the remainder of the year. In computing such pro rata license fee, the fee shall be prorated on a monthly basis for an On Sale or Off Sale 3.2 Percent Malt Liquor Lioense and except that the fee shall be prorated on a daily basis for an On-Sale Intoxicating Liquor License. When the Liquor license is for a property on which the building is not ready for occupancy, the commencement date for computation of the license fee for the initial license period shall be the date on which a certificate of occupancy is issued. Article V. Brooklyn Center City Code, Section 11-118 is amended as follows: 4. No on-sale Liquor establishment shall sell intoxicating liquor off-sale unless the establishment is authorized under this Chapter to sell off-sale and obtains the required license; Article VI. Brooklyn Center City Code, Section 11-119 is amended as follows: Section 11-119. HOURS OF OPERATION. Subdivision 1. Hours of Operation. The hours of operation and days of sale shall be those set by Minnesota Statutes, Section 340A.504, as it may be amended from time to time. Article VII. Brooklyn Center City Code, Section 11-121, Subdivision 1 is amended as follows: Section 11-121. LIABILITY INSURANCE AND PROOF OF FINANCIAL RESPONSIBILITY. Subdivision 1. Insurance Required. All applicants for any Liquor license or a Consumption and Display Permit must, as a condition to the issuance of the license or permit, provide proof of Liquor liability insurance to the City Manager's designee, which shall be subject to the approval of the City Council. The required insurance shall satisfy ORDINANCE NO. the requirements of Minnesota Statutes, Section 340A.409 and of this Chapter. The issuer or surety on any liability insurance policy or bond shall be licensed to do business in the State of Minnesota, and all documents shall be approved as to content, form, and execution by the City Attorney. The licensee and shall have the City shall be named as joint an additional insureds on the liability insurance policy. The policy shall be effective for the entire license year. Article VIII. Brooklyn Center City Code, Section 11-121 is amended by adding the following subdivision descriptions: Subdivision 3. Notice of Cancellation. Subdivision 4. Temporary On-Sale Licenses. Article IX. Effective Date. This Ordinance shall become effective as follows: a.Article II deleting paragraph 9 of Section 11-107 and Article III deleting subdivision 2 of Section 11-119 eliminating the 2 A.M. Closing Special Liquor License is effective on July 1, 2018. All 2 A.M. closing special liquor licenses shall expire at 2 a.m. on July 1, 2018; and b.All other provisions of this ordinance are effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of Mayor ATTEST: City Clerk Date of Publication: Effective Date: (Strikeout indicates matter to be deleted, double underline indicates new matter.) Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE CITY OF BROOKLYN CENTER FEE SCHEDULE RELATING TO LIQUOR LICENSING WHEREAS, the City Council desires to restructure the fees related to liquor license to adjust the fees with respect to the existing types of liquor license and to establish fees for the additional types of liquor licenses the City Council is acting by ordinance to include in Chapter 11 of the Brooklyn Center City Code; and WHEREAS, because the City Council is not proposing to increase any of the existing fees for liquor licenses the public hearing requirement in Minnesota Statutes, section 340A.408 subdivision 3a does not apply to fees being adopted by this Resolution NOW, TI-IEREFORE, BE IT RESOL Center, Minnesota, as follows: 1.The liquor license fees within the City of renlaced with ,,t fees as indicated in the 2.::e new liqu icense fees shgo into liquor license issued for 2018 The new schedule are not available until the ordni adonted and goes into effect ), by the City Council of the City of Brooklyn )klyn Center Fee Schedule are deleted"and are hed schedule, which is hereby adopted. a on January 1, 2018 and shall apply to any of liquor, licenses reflected in the attached being considered by the City Councilis 3. The City Clerk is authorized and directed to issue refunds as is appropriate for any liquor licenses issued for 2018 under the previous schedule of liquor license fees. ,20l7 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. License Type Annual Fee Expiration Ordinance Liquor - On-Sale Intoxicating $6,500 December 31 17-_ (Restaurants and hotels) Earle Brown Heritage Center $5,000 December 31 Special 2 A.M. Closing $500 July 1, 2018 Temporary On-Sale Intoxicating $25/day N/A Liquor (maximum is 3 consecutive days; no more than 12 days total per year) Special Event Permit (maximum is 10 $25/day N/A consecutive days; no more than 40 days total per yar Club December 31 Up to 200 members $300 201-500 members •$500 50 1-1,000 members $650 1,001-2,000 members $800 2,001 4,000 membeis $1,000 4',001 6,000 members $2,000 Over 6,000 members $3,000 Special 2 A.M. Closing No Fee Culinary Class (limited)$100 Deembe 31 Liqüor—SuIulay Sales $2d0 mbf 3 1 Liquor - Consumption and Display $300 December 31 Temporary $25 N/A (maximum 10 days for City) Liquor - On-Sale Wine $2,000 December 31 Special 2 A.M. Closing No Fee July 1, 2018 Liquor - On-Sale 3.2 Malt Liquor $500 December 31 Special 2A.M. Closing $200 July 1, 2018 Temporary $1 0/day N/A Liquor - Off-Sale 3.2 Malt Liquor $100 December 31 Liquor - On-Sale Brew Pub December 31 On-Sale Intoxicating $6,500 On-Sale 3.2 Percent Malt Liquor 1 $500 Liquor - Off-Sale Brew Pub $200 December 31 Liquor - On-Sale Brewer Taproom $600 December 31 Liquor - On-Sale Microdistillery $600 December 311 Cocktail Room Liquor - Off-Sale Microdistillery $200 December 31 Liquor - Off-Sale Small Brewer $200 December 31 License $500 if in Actual c out of st to excee $10,000 MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HE1'INEPIN AND THE STATE OF MINNESOTA STUDY/WORK SESSION JUNE 12, 2017 CITY HALL - COUNCIL CHAMBERS 0•0I•n1 1104 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, April Graves, Kris Lawrence- Anderson, and Dan Ryan were present. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Finance Director Nate Reinhardt, City Attorney Troy Gilchrist, and Michaela Kujawa-Daniels, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS The City Council participated in media training. MISCELLANEOUS City Hall, Community Center and Public Works Parking Lot Improvements Councilmember Ryan introduced the Resolution Accepting Bid and Awarding a Contract, Improvement Project No. 2017-17, Contract 2016-K, City Hall, Community Center and Public Works Parking Lot Improvements. He stated he provided a packet with information and background on this Resolution. Councilmember Lawrence-Anderson stated the article on this topic was written by Travis who serves on the Park and Recreation Commission. Schedule Discussion Regarding Panhandlers and Town Hall Style Meeting Councilmember Butler asked if there is a time frame in which they can expect to have the discussion regarding panhandlers on the agenda. She stated she continues to get questions and concerns about this topic. She also noted she has been asked about when they will have the town hall style meeting. Mr. Boganey stated Mayor Willson will be gone for the next meeting, but they can add these to the agenda for the City Council meeting on July 10, 2017, if the Council wished to do so. There was a consensus to move forward with adding these to the agenda for the July 10, 2017, City Council meeting. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS 06/12/17 -1- L!LIISLIJ a 01 IIi U 1 aciisi PI U (I)Ii Mr. Boganey introduced this item and invited Mr. Edwards forward to discuss this item further. Mr. Edwards provided a presentation on the background and purpose of this item. Mayor Willson asked if the Planning Commission had taken any actions or provided any recommendations they want the City Council to consider while reviewing the current policies and fees. Mr. Eitel stated that the Planning Commission hadn't provided any specific recommendations and noted at this point they are just asking the City Council to review the current policies and fees and consider making changes to be more comparable to surrounding cities. PUJ [liii 11iISJLW& u U :t. U &'iILSiIJISJiP Councilmember Graves moved and Councilmember Ryan seconded to recess the Study Session at 6:45 p.m. Motion passed unanimously. RECONVENE STUDY SESSION Councilmember Lawrence-Anderson moved and Councilmember Butler seconded to reconvene the Study Session at 6:53 p.m. Motion passed unanimously. LIQUOR LICENSE REGULATIONS - (continued) Mayor Willson asked Mr. Eitel if the Planning Commission is expecting the City Council to act on this item without having them review it again. Mr. Eitel stated he believes that is what the Planning Commission was expecting. Discussion of this item continued and reached conclusion at the June 12, 2017, Work Session later in the evening. ,' ,Jo1IJ h1!A I Dliii The Study Session was adjourned at 7:00 p.m. to the Regular City Council Meeting. Motion passed unanimously. 06/12/17 -2- MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION JUNE 12, 2017 CITY HALL - COUNCIL CHAMBERS [Ill) 1 1)31 The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session called to order by Mayor/President Tim Willson at 7:34 p.m. Mayor/President Tim Willson and Councilmembers/Commissioners Marquita Butler, April Graves, Kris Lawrence-Anderson, and Dan Ryan were present. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Finance Director Nate Reinhardt, Director of Business and Development Gary Eitel, City Attorney Troy Gilchrist, and Michaela Kujawa-Daniels, TimeSaver Off Site Secretarial, Inc. LIQUOR LICENSE REGULATIONS Mr. Edwards introduced this item for continuation of the discussion from the Study Session earlier this evening. Councilmember/Commissioner Butler asked how the license type is determined. Mayor/President Willson stated it depends on what and how much they sell. Councilmember/Commissioner Butler asked how they know how much they sell beforehand to apply for a certain license type. Mayor/President Willson stated they review their books and keep track. Councilmember/Commissioner Butler stated she understands and noted they predict their income of liquor sales to determine which license they need. Mayor/President Willson replied that is correct. Mr. Edwards reviewed the comparable cities to Brooklyn Center and their food and liquor sales ratio. Mayor/President Willson stated he would like to express his appreciation to the Planning Commission for bringing this item forward, stating there are several issues on this topic. Mayor/President Willson stated he is very pleased to see the crime statistics included in the presentation. He stated he is concerned about the staff time and costs to regulate it however. He stated the State Statute stands and they will need to stay within those guidelines. He stated the rental ordinance has worked out well and maybe they can apply some of those ordinances to this topic. 06/12/17 -1- Mayor/President Willson stated he is in favor of amending the ordinance and license fee. Councilmember/Commissioner Butler stated she finds Roseville' s numbers very interesting and would like to see their statistics. She stated she is interested in seeing how they attract so many businesses. She stated she is in favor of amending the ordinance and fees as well. Councilmember/Commissioner Graves agreed with Mayor/President Willson and Councilmember/Commissioner Butler. She stated she would like to have something more comparable to the other cities. She stated she doesn't feel they need more liquor stores but stated she would like to see more restaurants like residents have expressed as well. Mayor/President Willson stated she brings up a good point and they will need to look at the municipal funded liquor stores. Mr. Boganey stated as a municipal liquor store City, the City cannot add more stores without having approval first. Councilmember/Commissioner Lawrence-Anderson stated she thanks them for the information and has wondered why there aren't more sit down restaurants in Brooklyn Center and now it makes sense. She stated she is in favor of amending this ordinance and the fees and would like to see it less complicated and preferably, done before the Super Bowl. Councilmember/Commissioner Ryan stated simplification would be nice, with fewer classifications. He stated they should look at removing or reducing some fees and City restrictions, and then look at other ways to attract more restaurants. He stated they want to be reasonable and restrict plain drinking establishments but want to encourage places that serve liquor as an enhancement to their dining experience. Mayor/President Willson stated he agrees that a level playing field will help bring more business here. He stated there is a consensus to look at amending the ordinance and license fee, and noted if they can get it done before the Super Bowl that would be ideal. He stated he doesn't want to put too much pressure on staff however. Mr. Boganey stated they would want it done as quickly as possible as well with the targeted development strategic goal in mind. Councilmember/Commissioner Ryan stated the establishments that have succeeded with liquor licenses, he believes are due to best practices on behalf of the management. DISCUSSION OF THE BROOKLYN CENTER STRATEGIC PLAN Mr. Boganey introduced this item and provided background on it. He reviewed the 2016-2018 strategic plan priorities and compared them to the 2018-2020 strategic plan priorities. The only difference between the 2 plans is #5, strengthened and empowered youth, compared to safe, secure, and stable community. 06/12/17 -2- Mr. Edwards asked if there is a consensus regarding the new vision statement and if there is a consensus regarding the 2018-2020 strategic plan. Mayor/President Willson stated his first observation is on page 21, his last name needs to be corrected and he believes there is a duplicate priority listed as well. Councilmember/Commissioner Ryan stated his question arises from the City survey results he stated supporting and strengthening the communities could be incorporated in the other priorities. Councilmember/Commissioner Graves stated many things the City focuses on can fall into many different categories. She stated she likes the statement but it is long and could do without the wording will be and is, noting they need to be one way other another. Councilmember/Commissioner Ryan stated he is fine with the proposed statement and noted that vision statements are supposed to be somewhat aspirational, so he feels it's appropriate. Councilmember/Commissioner Butler stated she agrees with the wording changes that Councilmember/Commissioner Graves noted. Mr. Boganey asked how they would feel if the statement read, "We envision Brooklyn Center as a thriving, diverse community...." The City Council/Commission agreed they liked Mr. Boganey's suggestion. Councilmember/Commissioner Ryan provided a different draft of a mission statement for the City. Mayor/President Willson stated he likes it. Councilmember/Commissioner Graves stated she does as well, but it is missing the word "inclusive". Councilmember/Commissioner Ryan stated the statement needs to have the biggest impact with the least amount of words. He then stated it would lead into the vision statement. Councilmember/Commissioner Lawrence-Anderson stated she likes the current mission statement. Councilmember/Commissioner Graves stated she echoes her thoughts. She stated it feels a bit over formal and impersonal. She stated she gets where Councilmember/Commissioner Ryan is coming from wanting it shorter, but likes the current one more. Councilmember/Commissioner Butler stated she agrees with Councilmember/Commissioner Graves, and would like the word "inclusive" to be in the statements and likes the current statement as it is. Mr. Boganey stated an alternative to the issue with the word "inclusive," is that they could accept the statement by Councilmember/Commissioner Ryan and change the last line to say "an inclusive manner that preserves the public trust." There was a consensus to keep the current mission statement. 06/12/17 -3- ADJOURNMENT Councilmember/Commissioner Ryan moved and Councilmember/Commissioner Graves seconded adjournment of the City Council/Economic Development Authority Work Session at 8:45 p.m. Motion passed unanimously. 06/12/17 -4- . 0 COUNC]IIL UFIM MJEMORANIUM DATE: November 13, 2017 TO: Curt Boganey, City Manage FROM: Ginny McIntosh, City Planner/Zoning Administrator ico- THROUGH: Gary Eitel, Director of Business and Development SUBJECT: Resolution Regarding the Disposition of Planning Commission Application No. 2017-007 Submitted by HOM Furniture, Inc. and Gatlin Development Company for Revision to the Planned Unit Development Amendment No. 8 to the 2011 Shingle Creek Crossing Planned Unit Development (Located at 2501 and 2545 County Road 10) Recommendation: It is recommended the City Council adopt the Resolution regarding the disposition of Planning Commission Application No. 2017-007, submitted by HOM Furniture, Inc. and Gatlin Development Company, subject to the conditions outlined in the Planning Commission Staff Report dated October 26, 2017, and as identified within City Council Resolution No. 2017-25. Background: On February 13, 2017, the City Council adopted Resolution No. 2017-25, which accepted the Planning Commission's recommendation to approve PUD Amendment No. 8 for the Shingle Creek Crossing Development and site plan approval for an expansion (two-story 24,622 gross sf1) and renovation of the Kohl's building by HOM Furniture. This resolution authorized the preparation and execution of a PUD agreement with conditions, including the requirement of obtaining the necessary approvals from the Shingle Creek Watershed Commission. The preparation of the PUD agreement was delayed to address and/or to resolve the following: 1.The preparation of storm water management plans to comply with watershed requirements associated with any future development within the Kohl's parking lot (i.e. the proposed 48,000 sf. - 3 story medical office bldg.); 2.The additional parking requirements associated with Walmart's review/approval of changes to the Shingle Creek Crossing PUD, as provided through private ECR (Easements, Covenants, & Restrictions), which increased the parking standard for HOM Furniture from 1 stall per 1,000 sf. to 1 stall per 500 sf.; and 3. The fiscal challenges encountered by the EDA to acquire land within Shingle Creek Crossing to enable an option for off-site storm water treatment for the Kohl's lot, promote additional Shingle Creek daylighting improvements, and provide an option for off-site parking stalls for the planned/future medical office use. Mission: Ensuring an attractive, clean, safe, inclusive coininnnitj' that enhances the quality of life for all people u;ui preseives the public tins! I[I]JJ[S1 I fl I V IkYAUhU IIhTA 0] flI OJJhII The Planning Commission considered modifications to the General Development Plan for the Kohl's and EDA parcel on May 25th July 27th; conducted a public hearing on September 14 to consider a major amendment; and a continued discussion on October 12 th • On October 26, 2017, the Planning Commission continued the Public Hearing and considered the following revisions to the General Development Plans and conditions for Shingle Creek Crossing PUD Amendment No. 8 as established by Resolution No. 2017-025: That the developer is allowed the flexibility in the future development of the of Building Pad Site X to include the following building sizes and uses, subject to compliance with the parking standards of the Shingle Creek Crossing PUD and Site & Building Plan approval: a)A 20,000 sf. retail building (90 parking stalls required) b)A 3 story, 32,800 sf medical center/office building (148 parking stalls) c)A 5460 sf. restaurant and 9,795 sf. retail building ( 55 and 44 stalls respectively) d)A 26,225 sf. retail building (119 parking stalls) 2. That the PUD Amendment No. 8 Plans are amended to illustrate the following: a)The development of Pad Site X as a 3 story - 32,800 sf1 medical center/office building. b)The development of Parcel F, the EDA Parcel, as a 4000 sf1 bank. c)The bio-infiltration basin and reconfiguration to the parking lot to meet the storm water improvements. d)The addition of a drive thru lane on the north side of the former Kohl's building. 3. That the City Engineer has determined that the EDA parcel was part of the 2011 storm water improvements and will be allowed to develop independent of this installation of the bio-infiltration basin. Upon closing the public hearing, the Planning Commission voted unanimously (7-0) in favor of Resolution No. NO. 2017-011, A RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2017-007 SUBMITTED BY HOM FURNITURE INC. AND GATLIN DEVELOPMENT COMPANY TO REVISE THE GENERAL DEVELOPMENT PLANS OF PLANNED UNIT DEVELOPMENT AMENDMENT NO. 8 TO THE 2011 SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT (LOCATED AT 2501 AND 2545 COUNTY ROAD 10). Attached for your review is a copy of the October 26th Staff Memorandum and Planning Commission Resolution. /$Iission: Ensuring an attractive, clerni, safe, inclusive co,nmunitr that enhances the quality of life for al/people and preserves the public trust EI1SIi( I fl VI 3IkYA UL I OIk Ci) 11I dill Budget Issues: The redevelopment of the former Kohl's site includes Tax Increment considerations by the EDA to address costs associated with storm water improvements and a tax increment agreement with HOM Furniture for the renovation of the Kohl's building and future site improvements for Pad Site X. There are no General Fund expenditures proposed. Strategic Priorities: Targeted Redevelopment Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life fir all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. 2017- RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO, 2017-007 SUBMITTED BY HOM FURNITURE INC. AND GATLIN DEVELOPMENT COMPANY FOR REVISIONS TO THE PLANNED UNIT DEVELOPMENT AMENDMENT NO. 8 TO THE 2011 SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT AND SITE AND BUILDING PLAN FOR HOM FURNITURE STORE (LOCATED AT 2501 COUNTY ROAD 10) WHEREAS, the City Council of Brooklyn Center adopted Resolution No. 2017-25, dated February 13, 2017, established conditions for the approval of PUD Amendment No. 8 to the Shingle Creek Crossing Development and provided site & building plan approval for an expansion (two story - 24,622 sf. addition) and renovation of the Kohl's building by HOM Furniture; and WHEREAS, Planning Commission Application No. 2017-007 submitted by HOM Furniture, Inc. and Gatlin Development Company requested considerations to revisions to the General Development Plans of PUD Amendment No. 8 to address changes associated with storm water management improvements, flexibility in the design of commercial/office uses and building placements for Building Pad X and the EDA Parcel; and WHEREAS, the Planning Commission conducted public hearing on the proposed revisions on September 14, 2017 and on October 26, 2017 and has provided their recommendation and findings that Planning Commission Application No. 2017-007 is in keeping with the overall intent and vision of the Shingle Creek Crossing Development and the PUD Amendment No. 8 approval provided by City Council Resolution No. 2017-25. NOW, THEREFORE, BE IT RESOLVED by the City Council of Brooklyn Center, Minnesota that Planning Application N. 2017-007 submitted by HOM Furniture Inc. and Gatlin Development Company requesting approval of the following revisions to the Planned Unit Development Plans for the Shingle Creek Crossing PUD Amendment No 8 may be approved: 1. That the developer is allowed the flexibility in the future development of the of Building Pad Site X to include the following building sizes and uses, subject to compliance with the parking standards of the Shingle Creek Crossing PUD and Site & Building Plan approval: a)A 20,000 sf. retail building (90 parking stalls required) b)A 3 story, 32,800 sf medical center/office building (148 parking stalls) c)A 5460 sf. restaurant and 9,795 sf. retail building (55 and 44 stalls respectively) d)A 26,225 sf. retail building (119 parking stalls) RESOLUTION NO. 2017 2. That the PUD Amendment No. 8 Plans are amended to illustrate the following: a)The development of Pad Site X as a 3 story - 32,800 sf. medical center/office building. b)The development of Parcel F, the EDA Parcel, as a 4300 sf bank. c)The bio-infiltration basin and reconfiguration to the parking lot to meet the storm water improvements. d)The addition of a drive thru lane on the north side of the former Kohl's building. 3. That the City Engineer has determined that the EDA parcel was part of the 2011 storm water improvements and will be allowed to develop independent of this installation of the bio-infiltration basin. 4. The Developer shall enter into and execute an updated PUD Agreement (or similar document) as prepared by the City Attorney. 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II Wo • .•. ( - - . III hII %9Ø 0 €L 4" doll - ? • 0 I II •VO[___j O O 1HS l3HIOVVO-LI8IHXNOI1V1flOI3 NVèIJN3 NKDIOOS 6fld NlSSO3)tH31ONIHS mill lL i Ji k ith \\\ 4ffl1-htI.i ® lie -hiL II 1ffl ' / - N\ \\ \\\ p.' 2L ii \\ /4 9 I I I t O IHS NINflH AaAna(1 1I9IkXNOI1V1fl3IO NLAJ 1N3 NA1)IOOJE WOH(AIWI)I d SNUONOO NSSOi3 )13 1NIHS ii I Lal Is IS \JIJI ®I ciI!I! an All SAA-le- 0 - -\m4; f' l 2\ r - ow- I / Commissioner Koenig introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 2017-011 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2017-007 SUBMITTED BY HOM FURNITURE INC. AND GATLIN DEVELOPMENT COMPANY TO REVISE THE GENERAL DEVELOPMENT PLANS OF PLANNED UNIT DEVELOPMENT AMENDMENT NO. 8 TO THE 2011 SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT (LOCATED AT 2501 AND 2545 COUNTY ROAD 10) WHEREAS, the City Council of Brooklyn Center adopted Resolution No. 2011-85, dated June 13, 2011, which is considered the first amendment to the previously approved 1999 Brookdale Mall Planned Unit Development, whereby this amendment approved the establishment of the new Shingle Creek Crossing Planned Unit Development, and which included an approved Development/Master Plan and certain allowances and development standards that would govern over the PUD; and WHEREAS, the City Council subsequently adopted City Resolution No. 2011-127, dated September 12, 2011, which approved the first amendment to the original Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, the City Council subsequently adopted City Resolution No. 2012-106, dated August 13, 2012, which approved the second amendment to the Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, the City Council subsequently adopted City Resolution No. 2012-129, dated September 24, 2012, which approved the third amendment to the Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, the City Council subsequently adopted City Resolution No. 2013-124, dated October 14, 2013, which approved the fourth amendment to the Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, the City Council subsequently adopted City Resolution No. 2013-72, dated July 8, 2013, which approved the fifth amendment to the Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, the City Council subsequently adopted City Resolution No. 2014-75, dated June 9, 2014, which approved the sixth amendment to the Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, the City Council subsequently adopted City Resolution No. 2016-170, dated November 9, 2015, which approved the seventh amendment to the Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, HOM Furniture Inc. and Gatlin Development Company jointly submitted Planning Application No. 2017-001, which is considered the eighth amendment to the Shingle Creek Crossing Planned Unit Development, by allowing certain changes to the approved 2011 Shingle Creek Crossing Planned Unit Development; and WHEREAS, the PUD Amendment comprehends additional adjustments and uses not approved under the 2011 Shingle Creek Crossing Planned Unit Development and the related 2011 PUD Agreement; and WHEREAS, Planning Application 2017-001 also provides for the official request for consideration and approval of the new Site and Building Plan for the new HOM Furniture Store with a retail store expansion on the subject site: and WHEREAS, on January 12, 2017, the Planning Commission held a duly called public hearing, whereby a staff report and public testimony regarding the amendment to this Planned Unit Development were initially heard and noted for the record, and said hearing was tabled to the next Planning Commission meeting; and WHEREAS, on January 26, 2017, the Site and Building Plan for HOM Furniture was officially received; an updated staff report presented; public hearing was re-opened; additional public testimony was given and noted for the record; and the Planning Commission gave full consideration of both the PUD Amendment and Site and Building Plan elements of said Planning Application No. 2017-001; and WHEREAS, in light of all testimony received, and utilizing the guidelines and standards for evaluating such amendments as contained in City Code Section 35-355 (Planned Unit Development); and utilizing the guidelines and standards for evaluating site and building plans as contained in City Code Section 35-230 (Plan Approval); along with consideration of the goals and objectives of the City's Comprehensive Plan, the Planning Commission considers this PUD Amendment No. 8 and Site and Building Plan for HOM Furniture to be an appropriate and reasonable use and redevelopment of the subject property, that standards for evaluating for evaluating such amendments and site plans have been met; and the proposal is therefore in the best interest of the community; and WHEREAS; on February 13, 2017, the City Council adopted Resolution No. 2017-25, which accepted the Planning Commission's recommendation and established conditions for the approval pf PUD Amendment No. 8 to the Shingle Creek Crossing Development site and building plan for an expansion (two story - 24,622 sf addition) and renovation of the Kohl's Building by HOM Furniture; and WHEREAS, a condition of the PUD No. 8 Amendment included a review by the Shingle Creek Watershed Commission, which delayed the drafting and execution of the PUD No. 8 Amendment; and WHEREAS, the review by the Shingle Creek Watershed Management Commission necessitated modifications to the development pians to facilitate the development of a 22,000 sfbio-infiltration basin and the relocation of the south entrance drive; WHEREAS, on July 27, 2017 the Planning Commission reviewed the minor adjustments to the Development Plans that incorporated the storm water improvements and considered MOM Furniture's request for flexibility be incorporated into the PUD for the future marketability and redevelopment options for the Kohl's Lot and EDA Parcel; and WHEREAS, on September 14, 2017 the Planning Commission conducted a public hearing on Planning Commission Application No. 2017-007, a major amendment to PUD No. 8 Amendment. to provide flexibility and future development options for Pad Site X that included a 3 story office/medical building, varying sizes of retail buildings, and a combination of restaurant and retail building on the future/new Kohl's Lot and s variety of retail and restaurant building sizes for the EDA Parcel; and WHEREAS, the Planning Commission tabled consideration of this public hearing upon hearing that additional complications had arisen which necessitated Gatlin Development and HOM Furniture to renegotiate the terms and provisions of their sales and development agreement and a new subdivision (Shingle Creek Crossing 6th Addition); and Whereas, on October 26, 2017 the Planning Commission continued the public hearing on revisions to the development plans included in PUD No. 8 Amendment at which time an updated staff report and opportunity for further public testimony was provided; and Whereas, in light of all testimony received and utilizing the guidelines and standards for evaluating such amendments as contained in City Code Section 35-355 (Planned Unit Development); consideration of the goals and objectives of the City's Comprehensive Plan, and the findings included in the February 13, 2017 approval of PUD Amendment No. 8 to the Shingle Creek Crossing Development, the Planning Commission has determined that Planning Application No. 2017-007 is in keeping with the overall intent and vision of the Shingle Creek Crossing Development. NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission for the City of Brooklyn Center, Minnesota, that Planning Application No. 2017-007, requesting approval of the following revisions to the Planned Unit Development Plans for the Shingle Creek Crossing PUD Amendment No 8 may be approved: 1. That the developer is allowed the flexibility in the future development of the of Building Pad Site X to include the following building sizes and uses, subject to compliance with the parking standards of the Shingle Creek Crossing PUD and Site & Building Plan approval: a)A 20,000 sf. retail building (90 parking stalls required) b)A 3 story, 32,800 sf medical center/office building (148 parking stalls) c)A 5460 sf. restaurant and 9,795 sf. retail building ( 55 and 44 stalls respectively) d)A 26,225 sf. retail building (119 parking stalls) 2. That the PUD Amendment No. 8 Plans are amended to illustrate the following: a)The development of Pad Site X as a 3 story - 32,800 sf. medical center/office building. b)The development of Parcel F, the EDA Parcel, as a 4300 sf bank. c)The bio-infiltration basin and reconfiguration to the parking lot to meet the storm water improvements. d)The addition of a drive thru lane on the north side of the former Kohl's building. 3. That the City Engineer has determined that the EDA parcel was part of the 2011 storm water improvements and will be allowed to develop independent of this installation of the bio-infiltration basin. 4. The Developer shall enter into and execute an updated PUD Agreement (or similar document) as prepared by the City Attorney. October 26, 2017 Date Chair ATTEST: Secretary The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Sweeney; and upon vote being taken thereon, the following voted in favor thereof: Chair Christensen, Commissioners Koenig, MacMillan, Schonning, Sweeney Tade, and Rizvi.; and the following voted against the same: None whereupon said resolution was declared duly passed and adopted. " ' L CENTER AT THEICENTFI / t \ • Application Filed: 8/14/17 • Application Deemed Complete: 8/14/17 • Review Period (60-day) Deadline: 10/13/17 • Extended Review Period Deadline: 12/12/17 Application No. 2017007 Applicant: HOM Furniture Inc. / Gatlin Development Location: 2501 & 2545 County Road 10 Shingle Creek Crossing PUD Project Site Request: Revisions to Planned Unit Development Amendment No. 8 Master Development Plan (Future Development Options for the Kohl's parking lot & EDA lot) INTRODUCTION HOM Furniture Inc., in conjunction with Gatlin Development, have made application to revise PUD Amendment No. 8 to provide for the approval of alternative design concepts for Pad Site F (EDA parcel, former Boulevard Bar & Grill/Ground Round Restaurant) and Pad Site X (future development of the western portion of the Kohl's parking lot). The request is to provide HOM Furniture with an approval of a variety of building sizes and uses that would be considered consistent with the Shingle Creek Crossing C2/PUD zoning of the Kohl's and EDA Lot. Site and building plan approval for the future development of these two lots would be required to assure that the site plans complied with the minimum parking ratios established by the PUD (4.5 stalls per 1,000 sf. of retail or office uses and 10 stalls per 1,000 sf. of restaurant uses). Site plans consistent with these optional development concepts would not require additional PUD revisions/processing of further PUD amendments. The provisions of the Shingle Creek Crossing PUD with the modifications and conditions of the PUD No. 8 amendment as approved by the City Council on February 13, 2017: Notice of public hearing was published on August 24, 2017 in the official newspaper and individual notices were mailed to property owners within 350 feet of the site. BACKGROUND On February 13, 2017, the City Council adopted Resolution No. 2017-25, which accepted the Planning Commission's recommendation to approve PUD Amendment No. 8 for the Shingle Creek Crossing Development and site plan approval for an expansion (two-story 24,622 gross sf.) and renovation of the Kohl's building by HOM Furniture. Attached for reference is a copy of this Resolution and planning report. This resolution authorized the preparation and execution of a PUD agreement with conditions, including the requirement of obtaining the necessary approvals from the Shingle Creek Watershed Commission. The preparation of the PUD agreement was delayed to address and/or to resolve the following: Request for Revisions to PUD Amendment No. 8 Master Development Plan (HOM Furniture, Inc. / Gatlin Development) September 14, 2017 Page I Planning Commission Report Meeting Date: October 26 2017 1.The preparation of storm water management plans to comply with watershed requirements associated with any future development within the Kohl's parking lot (i.e. the proposed 48,000 sf. - 3 story medical office bldg.); 2.The additional parking requirements associated with Walmart's review/approval of changes to the Shingle Creek Crossing PUD as provided through private ECR (Easements, Covenants, & Restrictions) which increased the parking standard for HOM Furniture from 1 stall per 1,000 sf. to 1 stall per 500 sf.; and 3. The fiscal challenges encountered by the EDA to acquire land within Shingle Creek Crossing to enable an option for off-site storm water treatment for the Kohl's lot, promote additional Shingle Creek daylighting improvements, and provide an option for off-site parking stalls for the planned/future medical office use. Through the cooperative efforts of Gatlin Development, Home Furniture, and the City's TIF and Financial Consultants a new economic strategy involving the creative use of Tax Increment Pay- As-Go-Notes from both TIF District No. 5 and the future TIF District No. 7 was developed to bridge the financial gap caused by additional costs and loss of land for redevelopment opportunities. The May 25 th Planning Commission agenda included a request for a minor PUD amendment to modify the General Development Plan to illustrate the following: 1.A reduction in Bldg. F pad site (EDA Parcel) from 14,000 sf. to 12,000 sf. 2.A repositioning of Pad Site X and reduction from 48,000 sf. to 38,000 sf. However, prior to the meeting, it was discovered that the soil conditions for both pad sites F and X would not support traditional building construction. The prior development of these lots (Ground Round Restaurant and Dayton's Garden Center) required significant use of pilings to address the poor soil conditions). This agenda item was tabled. The soils issue necessitated further negotiations to restructuring of the purchase agreement for the Kohl's lot; the terms for the conveyance of the EDA parcel; and increased the financial gap to be bridged with TIF funds to enable the project to move forward. The July 27, 2017 Planning Commission meeting included further consideration of minor revisions to the February 12, 2017 General Development Plan and a discussion with Wayne Johansen, HOM Furniture. Mr. Johansen addressed the uncertainties of the future retail market; the development constraints through restrictive covenants conditions; expressed their need for greater flexibility in the redevelopment options for both pad sites F & X; and assurances that future PUD considerations would not further limit or restrict redevelopment options. The future development concepts/options identified by Mr. Johansen included the following: - A 3 story office/medical building, varying sizes of retail buildings, and a combination of restaurant and retail on the future/new Kohl's lot; Request for Revisions to PUD Amendment No. 8 Master Development Plan (HOM Furniture, Inc. I Gatlin Development) September 14, 2017 Page 12 Varying sizes of retail uses, restaurant, and restaurant/retail uses on the EDA parcel with the underling criteria that the uses would comply with the parking standards established by the PUD. The Commission acknowledged their understanding for the need to be flexible; recognized that this is a complex site; that market conditions have affected the redevelopment opportunities as envisioned with the initial 2011 Shingle Creek Crossing PUD; and the importance of moving forward with the renovation/redevelopment of the Kohl's lot to bring new excitement to the Shingle Creek Crossing Development. The consensus of the Commission Members was that HOM Furniture should proceed with a PUD amendment that would include alternate development options. The following development concepts were submitted by HOM Furniture and processed as a major amendment to the Shingle Creek Crossing PUD Amendment No. 8 Master Development Plan. Notice of a September 14thi public hearing to consider the following alternate development concepts and revisions caused by the storm water improvements was published in the August 31st edition of the Official Newspaper. ARCHNET \\ \\\ \ BROOKLYN CENTER SITE EDA LOT OPTION 1-ES SOUTH LOTC C S S - S OPTION 1-4 BASS LAKE RD I I 1 , II / - - - .. J\\\ \ 0 \ I / \ I ______ S -5 N .:ASI STI'' cT''' c On September P, Mr. Johansen informed Gatlin Development and the City that HOM Furniture was no longer in a position to undertake the role of developer for the EDA parcel and balance of the Kohl's lot (pad sites F & X). However, they continued to be interest in acquiring a portion of the Kohl's lot and their plans for expansion and renovation of the Kohl's building as a location Request for Revisions to PUD Amendment No. 8 Master Development Plan (HOM Furniture, Inc. / Gatlin Development) September 14, 2017 Page 13 for a HOM Furniture Store. On September 14, 2017, the Planning Commission opened the public hearing and upon receiving no public comment, the Commission moved to table the hearing to allow the developer to coordinate a new application for a preliminary plat to reflect the proposed creation of a new lot for the Kohl's building. An application for Preliminary Plat approval of Shingle Creek Crossing 6tu1 Addition was made and a public hearing was scheduled for October 26th• On October 12', the Planning Commission was informed of changes in the negotiations between Shingle Creek LLC and HOM Furniture which resulted in the following changes to the PUD and Preliminary Plat: HOM Furniture proposes to purchase the existing Kohl's lot (Lot 2, Block 2, Shingle Creek Crossing) which does not require to be replatted. Shingle Creek LLC. proposes to replat Outlot A and Lot 1, Block 2, Shingle Creek Crossing to add the remnant sign portion of the FDA lot to the Outlot A. The PUD Amendment would include the following: • An illustration of 4 different conceptual developments proposed by HOM Furniture that could occur within the Kohl's parking lot. • An illustration of the development of a 4,300 sf. bank on the EDA lot. REVISIONS TO THE MASTER DEVELOPMENT PLAN APPROVED WITH THE FEBRUARY 12TH PUB AMENDMENT NO. 8 The future development options requested by HOM Furniture include: 1.A 20,000 sf. retail building (90 parking stalls required) 2.A 3 story, 32,800 sf medical center/office building (148 parking stalls) 3.A 5460 sf. restaurant and 9,795 sf. retail building ( 55 and 44 stalls respectively) 4.A 26,225 sf retail building (119 parking stalls) , . \ *• \ \\ \\\ 1:1 \ The Shingle Creek PUD plans identified the Kohl's lot as having 464 stalls. Request for Revisions to PUD Amendment No. 8 Master Development Plan (HOM Furniture, Inc. I Gatlin Development) September 14, 2017 Page 14 PASS L<E Ft --- 1.1 r - '_•:\t \ The storm water improvements requires a reconfiguration of the parking lot and adjustment to the location of the southern entrance drive, which resulted in a loss of 44 stall stalls. The site development plan for the renovation and expansion of the Kohl's building indicates that 224 parking stalls will be need to comply with the PUD standards and Easements, Covenants, and Restrictions of the Shingle Creek Crossing agreements: 11,805 sf. of new commercial requires 4.5 per 1,000 sf. 53 parking stalls 85,117 sf, of building area used by HOM 2 per 1,000 sf. = 171 parking stalls This leaves an existing parking count of 196 stalls. The potential development of the parcel X pad site illustrates business uses with parking needs ranging from 90 to 148 stalls. An overlay of the office building, which has the largest parking needs, illustrates that the future development of the Pad Site X area will be able to accommodate the options requested by HOM Furniture, N \ .1 Additionally, the amended PUD Plans for Lot 2, Block 2, Shingle Creek Crossing, will identify the future development of the Bio-Infiltration Basin; the relocation of the southern entrance drive; the relocation of their future business sign along Hwy 100 to the east side of the storm water improvements; and the option of a drive thru lane for a future tenant in the commercial addition of the former Kohl's building. HOM has also identified four minor adjustments within the parking lot which are considered minor revisions associated that do not require formal consideration. Request for Revisions to PUD Amendment No. 8 Master Development Plan (HOM Furniture, Inc. / Gatlin Development) September 14, 2017 Page 15 With respect to the other revisions to the PUD development plan, staff would offer the following comments: The Bio-infiltration basin is a large rain garden, approximately 22,000 sf. in area and requires the abandonment of the existing storm water weir and storm sewer improvements to redirect existing storm water run-off and storm sewers to this basin. The design engineer has indicated that the discharge will be connected to the storm sewer which handles the creek water from the last cell of the partial daylighting vs. draining into the partially daylighted creek. The City Engineer has determined that the EDA parcel was part of the 2011 storm water improvements and will be allowed to develop independent of this installation of the bio- infiltration basin. The movement of the business sign, approximately 250 feet to the east, results in all of the Shingle Creek Crossing signage being spaced approximately 800 feet apart. The addition of a potential drive thru lane to serve a potential business within the 11,805 sf1 commercial expansion appears to have sufficient stacking distance along the north side of the building. The future development of the EDA parcel as a 4,315 sf bank with 59 parking stalls is also proposed to be added to the PUD development plans, assuming this business use and building size is accepted by the EDA as meeting the development parameters for the conveyance of the EDA parcel. 2 L - I / / : I - EDA p2iceI. Request for Revisions to PUD Amendment No. 8 Master Development Plan (HOM Furniture, Inc. I Gatlin Development) September 14, 2017 Page 16 Recommednation: The Planning Commission's considerattion of the requested revisions to the February 12, 2017 PUD Amendment No. 8 should include a confirmation that these revisions are consistent with their initial findings that are a part of the City Council adopted Resolution approving the 8th Amendment to the Shingle Creek Crossing PUD. These findings included: A.The allowance of the 2-story, 24,000 sq. ft. addition to the former Kohl's building, with approximately one-half of this space to be used for new multi-tenant retail spaces, and one- half to be used as additional floor space for the new HOM Furniture store, is a reasonable request; and helps promote and enhance the general public welfare of this PUD, as it maintains and keeps the redevelopment activity of this site intact and ongoing, and may be approved; B.The allowance of reduced amount of Class I materials along the north elevation side of the building is considered reasonable and may be approved; C.The request to grant a reduced parking ratio allowance from 4.5 spaces per 1,000 sq. ft. of building space to 1 space per 1,000 sq. ft. and attributed to the newly proposed furniture showroom and warehouse only should not be detrimental or pose any threat or danger to the general public; nor injurious to the use and enjoyment of other uses in this Shingle Creek Crossing PUD; and is hereby considered a reasonable request and acceptable; D.The request to allow future/planned Building X to be expanded from 19,000 sq. ft. to 48,000 sq. ft. is considered a positive and reasonable increase, as the larger building will provide an increased tax base in this area, and will help promote and provide a needed medical services and a facility for the residents and surrounding community; B. The allowance of the reduced setbacks on the EDA lot for future development by HOM Inc. should not pose any problems in this area and is acceptable; F. The allowance of certain uses that were initially prohibited under the 2011 Shingle Creek Crossing PUD Agreement should be limited to the following: i.Medical Office Building - with typical tenants that may do surgeries, urgent care and treat patients in offices; ii.Medical and Dental Laboratories; iii.Educational Uses listed in Zoning Code Section 35-322.1.h.; iv.Transient lodging provided they are limited to hotel use only, and no motels. v. Animal Hospitals provided any outdoor kennel runs or activity areas for pets being cared for in the hospital are screen with an opaque fence and regularly cleaned and maintained. Request for Revisions to PUD Amendment No. 8 Master Development Plan (HOM Furniture, Inc. I Gatlin Development) September 14, 2017 Page 17 G.The allowances to omit the standard: "Drive-thru or service lanes adjacent to R-1, R-2, and R-3 Districts shall be screened with berming, landscaping or fencing" is not recommended and should remain intact. (Note: this was corrected to reflect the ordinance requirement as it relates to certain residential districts) H.The allowance to have regular C-2 Zone sign standards as found in Chapter 34, Brooklyn Center Sign Code as opposed to the approved 2011 Shingle Creek Crossing Sign Program Plan is partially approved, with an allowance to have all new wall signs comply with the C-2 Zone sign standards established under the Sign Code; and only one (1) new freestanding sign up to 350 sq. ft. along the HWY 100 frontage should be allowed, and can either be a regular static message or dynamic sign per City Code Ch. 34. (Note this was corrected to reflect the Commission decision to allow one freestanding sign of up to 350 sf.) The proposed and general layout of all new building improvements, including reduced setbacks and any other related flexibility or reductions identified herein or the resulting resolution of approval, and on the updated Shingle Creek Crossing PUD Plans, may be acceptable and approved. It is recommended that Planning Commission support that the following revisions to the Planned Unit Development Plans for the Shingle Creek Crossing PUD Amendment No 8 and the conditions of approval as listed in City Council Resolution No. 2017-25: 1. That the developer is allowed the flexibility in the future development of the of Building Pad Site X to include the following building sizes and uses, subject to compliance with the parking standards of the Shingle Creek Crossing PUD and Site & Building Plan approval: a)A 20,000 sf. retail building (90 parking stalls required) b)A 3 story, 32,800 sf medical center/office building (148 parking stalls) c)A 5460 sf. restaurant and 9,795 sf. retail building ( 55 and 44 stalls respectively) d)A 26,225 sf. retail building (119 parking stalls) 2. That the PUD Amendment No. 8 Plans are amended to illustrate the following: a)The development of Pad Site X as a 3 story - 32,800 sf. medical center/office building. b)The development of Parcel F, the EDA Parcel, as a 4300 sf bank. c)The bio-infiltration basin and reconfiguration to the parking lot to meet the storm water improvements. d)The addition of a drive thru lane on the north side of the former Kohl's building. 3. That the City Engineer has determined that the EDA parcel was part of the 2011 storm water improvements and will be allowed to develop independent of this installation of the bio-infiltration basin. Request for Revisions to PUD Amendment No. 8 Master Development Plan (HOM Furniture, Inc. I Gatlin Development) September 14, 2017 Page 18 Attachments: o City Council Resolution 2017-25 Planning Commission Report (January 26, 2017) Request for Revisions to PUD Amendment No. 8 Master Development Plan (HOM Furniture, Inc. / Gatlin Development) September 14, 2017 Page 19 Member Kris Lawrence-Indersiitroduced the following resolution and moved its adoption: RESOLUTION NO. 2017-25 RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2017-001 SUBMITTED BY HOM FURNITURE INC. AND GATLIN DEVELOPMENT COMPANY FOR PLANNED UNIT DEVELOPMENT AMENDMENT NO. 8 TO THE 2011 SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT AND SITE AND BUILDING PLAN FOR HOM FURNITURE STORE (LOCATED AT 2501 COUNTY ROAD 10) WHEREAS, the City Council of Brooklyn Center adopted Resolution No. 2011-85, dated June 13, 2011, which is considered the first amendment to the previously approved 1999 Brookdale Mall Planned Unit Development, whereby this amendment approved the establishment of the new Shingle Creek Crossing Planned Unit Development, and which included an approved Development/Master Plan and certain allowances and development standards that would govern over the PUD; and WHEREAS, the City Council subsequently adopted City Resolution No. 2011-127, dated September 12, 2011, which approved the first amendment to the original Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, the City Council subsequently adopted City Resolution No, 2012-106, dated August 13, 2012, which approved the second amendment to the Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, the City Council subsequently adopted City Resolution No. 2012-129, dated September 24, 2012, which approved the third amendment to the Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, the City Council subsequently adopted City Resolution No. 2013-124, dated October 14, 2013, which approved the fourth amendment to the Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, the City Council subsequently adopted City Resolution No, 2013-72, dated July 8, 2013, which approved the fifth amendment to the Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, the City Council subsequently adopted City Resolution No. 2014-75, RESOLUTION NO. 2017-25 dated June 9, 2014, which approved the sixth amendment to the Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, the City Council subsequently adopted City Resolution No. 2016-170, dated November 9, 2015, which approved the seventh amendment to the Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, HOM Furniture Inc. and Gatlin Development Company jointly submitted Planning Application No. 2017-001, which is considered the eighth amendment to the Shingle Creek Crossing Planned Unit Development, by allowing certain changes to the approved 2011 Shingle Creek Crossing Planned Unit Development; and WHEREAS, the PUD Amendment comprehends additional adjustments and uses not approved under the 2011 Shingle Creek Crossing Planned Unit Development and the related 2011 PUD Agreement; and WHEREAS, Planning Application 2017-001 also provides for the official request for consideration and approval of the new Site and Building Plan for the new HOM Furniture Store with a retail store expansion on the subject site: and WHEREAS, on January 12, 2017, the Planning Commission held a duly called public hearing, whereby a staff report and public testimony regarding the amendment to this Planned Unit Development were initially heard and noted for the record, and said hearing was tabled to the next Planning Commission meeting; and WHEREAS, on January 26, 2017, the Site and Building Plan for HOM Furniture was officially received; an updated staff report presented; public hearing was re-opened; additional public testimony was given and noted for the record; and the Planning Commission gave full consideration of both the PUD Amendment and Site and Building Plan elements of said Planning Application No. 2017-00 1; and WHEREAS, in light of all testimony received, and utilizing the guidelines and standards for evaluating such amendments as contained in City Code Section 35-355 (Planned Unit Development); and utilizing the guidelines and standards for evaluating site and building plans as contained in City Code Section 35-230 (Plan Approval); along with consideration of the goals and objectives of the City's Comprehensive Plan, the Planning Commission considers this PUD Amendment No, 8 and Site and Building Plan for HOM Furniture to be an appropriate and reasonable use and redevelopment of the subject property, that standards for evaluating for evaluating such amendments and site plans have been met; and the proposal is therefore in the best interest of the community; and RESOLUTION NO. 2017-25 WHEREAS; the Planning Advisory Commission of the City of Brooklyn Center did determine that Planning Application 2017-001, submitted by HOM Furniture Inc. and Gatlin Development Company, should be approved based upon the following findings and considerations: A.The allowance of the 2-story, 24,000 sq. ft addition to the former Kohl's building, with approximately one-half of this space to be used for new multi- tenant retail spaces, and one-half to be used as additional floor space for the new HOM Furniture store, is a reasonable request; and helps promote and enhance the general public welfare of this PUD, as it maintains and keeps the redevelopment activity of this site intact and ongoing, and may be approved; B.The allowance of reduced amount of Class I materials along the north elevation side of the building is considered reasonable and may be approved; C.The request to grant a reduced parking ratio allowance from 4.5 spaces per 1,000 sq. ft. of building space to 1 space per 1,000 sq. ft. and attributed to the newly proposed furniture showroom and warehouse only should not be detrimental or pose any threat or danger to the general public; nor injurious to the use and enjoyment of other uses in this Shingle Creek Crossing PUD; and is hereby considered a reasonable request and acceptable; D.The request to allow future/planned Building X to be expanded fTom 19,000 sq. ft. to 48,000 sq. ft. is considered a positive and reasonable increase, as the larger building will provide an increased tax base in this area, and will help promote and provide a needed medical services and a facility for the residents and surrounding community; E.The allowance of the reduced setbacks on the EDA lot for future development by HOM Inc. should not pose any problems in this area and is acceptable; F.The allowance of certain uses that were initially prohibited under the 2011 Shingle Creek Crossing PUD Agreement should be limited to the following: i.Medical Office Building - with typical tenants that may do surgeries, urgent care and treat patients in offices; ii.Medical and Dental Laboratories; RESOLUTION NO. 201 7-25 iii.Educational Uses listed in Zoning Code Section 35-322.1.h.; iv.Transient lodging, provided they are limited to hotel use only, and no motels. V. Animal Hospitals, provided any outdoor kennel runs or activity areas for pets being cared for in the hospital is screen with an opaque fence and regularly cleaned and maintained. G.The allowances to omit the standard: "Drive-thru or service lanes shall be screened with berming, landscaping or fencing is not recommended and should remain intact. H.The allowance to have regular C-2 Zone sign standards as found in Chapter 34, Brooklyn Center Sign Code as opposed to the approved 2011 Shingle Creek Crossing Sign Program Plan is partially approved, with an allowance to have all new wall signs comply with the C-2 Zone sign standards established under the Sign Code; and only one (1) new freestanding sign up to 250 sq. ft. along the HWY 100 frontage should be allowed, and can either be a regular static message or dynamic sign per City Code Ch. 34. 1. The proposed and general layout of all new building improvements, including reduced setbacks and any other related flexibility or reductions identified herein or the resulting resolution of approval, and on the updated Shingle Creek Crossing PUD Plans, may be acceptable and approved. AND WHEREAS, upon acceptance of all public comments and discussion of this item, the Planning Commission adopted Planning Commission Resolution No. 2017-01, which provides a favorable recommendation to the City Council, that this request submitted by HOM Furniture Inc. and Gatlin Development Company under Planning Application No. 2017-001, which is the eighth amendment to the Shingle Creek Crossing Planned Unit Development, by allowing certain changes to the approved 2011 Shingle Creek Crossing Planned Unit Development, along with the Site and Building Plan Approval of the new HOM Furniture Store development, should be approved by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of Brooklyn Center, Minnesota that this request submitted by HOM Furniture Inc. and Gatlin Development Company under Planning Application No. 2017-001, which is the eighth amendment to the Shingle Creek Crossing Planned Unit Development, by allowing certain changes to the approved 2011 Shingle Creek Crossing Planned Unit Development, along with the Site and Building Plan RESOLUTION NO. 2017-25 Approval of the new HOM Furniture Store development, that the findings of approval as noted herein are hereby acceptable, and this PUD Amendment and Site and Building Plan request is hereby approved subject to the following conditions: 1.Developer shall comply with all conditions or request of additional information as noted in the City Engineer Review Memorandum, dated January 5, 2017 2.Developer is allowed to amend the 2011 Shingle Creek Crossing Planned Unit Development by allowing the following uses: a)Medical Office Building - with typical tenants that may do surgeries, urgent care and treat patients in offices; b)Medical and Dental Laboratories; e) Educational Uses listed in Zoning Code Section 35-322.l.h.; d)Transient lodging, provided they are limited to hotel use only, and no motels. e)Animal Hospitals, provided any outdoor kennel runs or activity areas for pets being cared for in the hospital is screen with an opaque fence and regularly cleaned and maintained. 3.Developer is allowed to construct a 2-story, 24,622 sq. ft. addition to the former Kohl's building, with approximately one-half of this space to be used for new multi-tenant retail spaces, and one-half to be used as additional floor space for the new HOM Furniture store. 4.Developer is allowed to a reduction of Class I materials along the north elevation side of the new HOM store building, provided all other elevations receive the 50% Class I and 50% Class IT ratio. Developer is granted the reduced parking ratio allowance from 4.5 spaces per 1,000 sq. ft. of building space to I space per 1,000 sq. ft. and attributed to the new HOM Furniture store use only. All other uses must maintain the 4.5/1,000 ratio as prescribed in the 2011 Shingle Creek Crossing PUD Agreement. Developer is allowed to expand proposed/future Building X from 19,000 sq. ft. to 48,000 sq. ft. for a medical/multi-tenant office building. A separate RESOLUTION NO. 2017-25 Site and Building Plan application will be required before any approvals are granted for the new Bldg. X improvements. 7.Developer is allowed reduced setback of 20 feet on the EDA lot (Building F) for future development if needed. A separate Site and Building Plan application will be required before any approvals are granted for the new Bldg. F improvements. 8.The allowances to omit the standard: "Drive-thru or service lanes shall be screened with berming, landscaping or fencing" is not recommended and will remain intact. 9.Developer is allowed to have all new wall signs for the HOM store and retail addition comply with regular C-2 Zone sign standards under Ch. 34-Sign Code; and only one (1) new freestanding sign up to 350 sq. ft. along HWY 100 frontage, with enhanced architectural designed materials and elements that are complementary to the features of the existing Shingle Creek Crossing signs along Hwy 100. The final design and location of this new HWY 100 frontage sign shall be approved by the City. This freestanding sign may be 100% dynamic message board, or combination of static and dynamic. The Developer agrees to forgo any future freestanding sign allowance along County Road 10 (Bass Lake Road) frontage. 10.Developer must obtain a building permit and adhere to all requirements prior to beginning any removals, demolition, land disturbance work, or new construction of parking, utilities or buildings. 11.Unless amended otherwise or under separate agreement, all existing provisions, standards and variations provided under the 2011 Shingle Creek Crossing PUB and subsequent amendments, shall remain in effect for the entire Shingle Creek Crossing Planned Unit Development. 12.Any future PUD amendments or application requests will require the submittal and adoption (acceptance) of an updated master plan, which plan shall govern the planned and future redevelopment areas of this site. 13. No other allowances as illustrated or indicated on the submitted "Shingle Creek Crossing PUD Amendment No. 8 Plans shall be comprehended or permitted under this specific approval. 14. The Developer shall enter into and execute an updated PUD Agreement (or similar document) as prepared by the City Attorney. RESOLUTION NO, 2017-25 February 13, 2017 Date Mayor ATTEST:jw^k " City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member April Graves and upon vote being taken thereon, the following voted in favor thereof:Tim Wilson, Marguita Butler, April Graves , Kris Lawrence-Anderson, Dan Ryan and the following voted against the same: whereupon said resolution was declared duly passed and adopted. (.1 i 1J/?OOJtl.) V CL\1ER Planning Commission Report Meeting Date: January 26, 2017 • Application Filed: 12/19/16 • Application Deemed Complete: 12/19/16 • Review Period (60-day) Deadline: 02/17/17 • Extended Review Period Deadline: N/A Application No. 2017-001 Applicant: HOM Furniture Inc. / Gatlin Development Location: 2501 County Road 10 Shingle Creek Crossing PUD project Site Request: Planned Unit Development Amendment No. 8 and Site Plan Approval INTRODUCTION HOM Furniture Inc., in conjunction with Gatlin Development requests consideration of the eighth amendment to the 2011 Shingle Creek Crossing PUD development plans. The PUD Amendment includes a number of changes and modifications made under the original 2011 PUD Agreement, which will assist in the redevelopment of the former Kohl's store site into a new HOM Furniture store, along with the option in developing the adjacent city-owned EDA lot. HO1VI also seeks approval of a Site and Building Plan application to the former Kohl's retail building, which includes a new two-story, 24,622 sq. ft. (gross sq. ft.) addition, which would provide 11,805 sq. ft. for new multi-tenant retail user space (first floor), and 12,817 sq. ft. of additional 2 d floor space for HOM's use. The PUD Amendment was given separate consideration before the Planning Commission at the January 12, 2017 meeting, with the understanding that official consideration of the new Site and Building Plans for HOM Furniture store improvements would be delayed to this January 26 k " meeting. It was indicated at this last meeting that Gatlin may have the necessary stormwater management plan available for review for the city engineers to complete their overall review of this application. Gatlin's engineering consultants with Kimley-Horn Assoc., who prepared the overall drainage report for the 2011 Shingle Creek Crossing development, has been in contact with Shingle Creek Watershed Commission and is preparing the necessary storm water management/drainage plan and report for this particular area, which they hope to have submitted to the watershed very soon. This Site Plan application is being presented with the understanding (and condition) that the local watershed commission approval is required before the issuance of any permits for land disturbance, demolition and/or building improvements. This public hearing item was officially tabled at the last meeting; and therefore the Commission will be asked to re-open the hearing; ask for staff presentation of the new Site Plan for HOM; discuss; close the hearing; and formulate a recommendation accordingly. App. INO. 21)1 1-tiU! PC 01/26/17 Page 1 BACKGROUND The Shingle Creek Crossing PUD Amendment proposal was submitted along with the proposed SCC Master Plan - December 2016 (shown on the image below). - 7 -- • T .. - -' -r - - - - • i 4P . SHINGLE CREEK CROSSING \ .MASTER PLAN '-- z 0 Gr{LlNDEVEWa!ENTCOIPANY KimIeyHoIii As a reminder, HOM is seeking the following modifications or additions: a)allow the addition of a 2-story, 24,000 sq. ft. addition to the former Kohl's building; b)allow reduced amount of Class I materials to the refurbished Kohl's building; C) allow a reduced parking ratio from 4.5 spaces per 1,000 sq. ft. of building space to 1 space per 1,000 sq. ft. for a proposed furniture showroom and warehouse; d)allow future BLDG. X to be expanded from 19,000 sq. ft. to 48,000 sq. ft.; e)allow site to have regular C-2 Zone sign standards as found in Chapter 34, Brooklyn Center Sign Code as opposed to the approved 2011 Shingle Creek Crossing Sign Program Plan; f)allow a new dynamic message sign of 350 sq. ft. on the subject site; g)allow reduced setbacks on the EDA lot for future development by HOM Inc., with further allowances to omit the standard: "Drive-thru or service lanes shall be screened with berming, landscaping or fencing; h) allow certain prohibited uses listed under the 2011 Shingle Creek Crossing PUD Agreement. The PUD Plan calls for the improvements to the former Kohl's building, which include re- furbishing the outer shell with new materials, and the expansion of the building with new retail space and storage/display area for HOM. These improvements are generally laid out on the new Site Improvement Plans HOM Furniture - Building Y for Shingle Creek Crossing plan set attached hereto. SITE & BUILDING PLAN CONSIDERATION The Site and Building Plan represent the modifications to the outer shell of the former Kohl's App. No. 2017-001 PC 01/26/17 Page 2 building, along with a two story, approx. 25,000 total square foot addition. HOM intends to use the first story as 11,805 sq. ft. of available retail/tenant space (illustrated with five separated spaces for now), which will be controlled or leased out by HOM only. The upper (remaining) 12,817 sq. ft. of this addition will be tied into the 2nd floor space of the new HOM store, to be used for added storage or display area. Bldg. Y (old Kohl's) is shown with its original footprint, along with a new two-story, 24,000+ sf. total square foot addition on the west side of the building. HOM intends to remodel the entire interior areas of the structure, and "re-skin" or modify a majority of the exterior similar to the conceptual elevation designs shown in the images below. - ^, Flvo,'^ The two-story addition will be allow for the first floor to be available for 11,805 sq. ft. of new retail (multi-tenant) space, while the upper portion of 12,817 sq. ft. will be opened up to the 2' floor of the HOM store and used for additional floor/display area. HOM intends to replace or repair any outdated or inefficient mechanicals, and replace/repair the roof as needed. The PUD Amendment also requests the City to allow a reduced amount of Class I materials to one Iace of the planned refurbished Kohl's building. This reduced face is located on the north side, along County Rd. 10 frontage. HOM is asking that instead of 50% of Class I materials, they be allowed to reduce to 25% of Class I, with remaining 75% as Class H materials. Parking & Access Considerations The existing Kohl's lot consists of 6.83 acres, with an approx. 75,000 sf. retail building, and 447 IN 0. LU! / -UV I PC 01/26/17 Page 3 parking spaces. The original Bldg. X that was approved tinder PUB 97 was intended to be a new 9,400 sq. ft. retail building, with 51 spaces (at 5.43 spaces/1,000 sf. - which exceeds the 4.5/1,000 sf. required under the SCC PUB). The expanded Bldg. X proposed under this PUD Amendment request is now shown as a 3-story, 48,000 sq. ft. medical office building. Both the HOM Furniture and future Bldg. X share the same lot; and hence shared parking between uses. MOM has submitted a request under this PUD Amendment to reduce the amount of parking from 4.5 spaces per 1,000 sq. ft. of retail floor space down to I space per 1,000 sq. ft. This reduction only applies to the HOM Furniture store use. The retail expansion area will be parked at the current 4.5 per 1,000 standard. BUILDING Y PARKING BREAKDOWN BUILDING DESIGNATION [ AREA (SOFT)REQUIRED PARKING PARKING RATIO EXISTING BUILDING 72.300 73 STALLS 1 STALL] 1000 SF I-ION EXPANSION 12,817 13 STALLS 1 STALL] 1000 SF NEW RETAIL I 505 53 STALLS 4.5 STALL/ 1800 SF To lend support to this request, HOM submitted for consideration the table below, which indicates what other communities calculated in other HOM store uses within these cities: HOM Locations Bloomington Sliding scale from 1 per 333 s.f. to :1 per 1,000 s.f. See Sec 21.301.06 Coon Rapids 1 per 1,000 s.f. Rochester 1 per 600 s.f. Rogers 1 per 622 s.f. St Cloud 1 Per 1,000 s.f. under 100k s.f. and I per 1,200 s.f. over 100,000 s.f. Sioux Falls 1 per 600 s.f. HOM is basing this request on these other city allowances, and the reasons being the larger, open store is used for more display, full-scaled room set-ups and arrangements, and warehouse space than a typical retail shopping store. Customer traffic is usually limited to a smaller than average number compared to other retail stores, and reduced parking has never been an issue with other furniture store sites they operate. Based on this requested reduction, the HOM store (and retail outlet) is indicating only 139 spaces would be allocated to MOM. The Applicant's Site Data Table (partial clip below) indicates the lot for Bldg. X and Y (Lot 2, Block 2) is identified with 361 spaces. App. No. 2017-001 PC 01/26/17 Page 4 T 5 LOT :& 8L006I I.54AcES 5,30030 FT.55SPACES 10.00XILOT 2, 6LOCF 2 -48.000 SO FT. LOT: FLO:..:FE5 2S Fr 2E1 5FT:E 212TOTALI63 I8ACRES 702.31830 FT.3230 SPACES 632 Pursuant to City Code 35-700 Off Street Parking Requirements, the following standards apply to medical and regular office uses: f Medical and dental clinics; 3 spaces for each doctor/dentist, plus 1 space for every 2 employees or 1 space for each 150 square feet of gross floor area, ii'hichever requirement is the greater. g. Office Buildings, exclusive' those specific uses otherwise listed in this section.' Building Gross Floor Area (G.EA)Required Spaces Under the medical office use, Bldg. X calculates as follows: 48,000 1150sf, = 320 spaces Office Bldg. use calculates as follows: 48,000 / (.0005 48,000) + 190 224 spaces. Subtracting the 139 spaces allocated for HOM from the 361 total stalls leaves only 222 spaces for Bldg. X. It should be noted that the 222 spaces does exceed the 4.5/1,000 sf, required under the SCC-PUD Agreement for retail uses. As for access, the new HOM store will still have main access from the main drive lane coming off Co. Rd. 10, directly south from Shingle Creek Parkway intersection. There are no plans to increase this access or any other openings to the sites. The Developer is also showing the closure of the free right-turn lane off Co. Rd. 10 north of the building (see image below). The City has made it part of previous agreements with the developer that this access would be closed off once this Kohl's site was re-developed. iipp. INO. ZUI I-UUI PC 01/26/17 Page 5 20 WATERMAIN AND SANITARY SEWER EXISTING FULL EASEMENTACCESS TRAFFIC / CLOSE FREE SIGNAL / PUD / RIGHTDRIVE-THRU / BOUN RY - LAME 7- / /' (TYP TT\r LOTA d------k\ \\ \\ \ 1) \ '? / //// 20 D&U - \ EASEMENT LOI - -DRAINAGE/ - LOT 2, ) (UTILITYEASEMEN - \\' \\ BLOCK 2 (WIDTH V ) \\\ // ç \\ I' Signage _Consideirations HUM Inc. requests modifications or additional sign allowances than those originally granted tinder the 2011 Shingle Creek Crossing Sign Program. HUM is asking the City to allow regular C2 Zone sign standards (as found in Ch. 34-Sign Code) to apply, instead of the limited standards found in the 201.1 Sign Plan presented by Gatlin Development and later adopted by the City under the 2011 Shingle Creek Crossing PUD Agreement. The request also includes an allowance to have a 350 sq. ft. dynamic message board sign on the HOM site; along with additional freestanding sign on the medical office site. Under the SCC Sign Plan, this HOM site would be considered a "major tenant", and its sign allowances are noted in the Shingle Creek Crossing Sign Program. The Plan states that all wall sign sizes are limited to 1.5 sq. ft. per linear foot of leased premises; with primary signs further limited to 70% of adjacent wall surface and no higher than 6-ft. max.; while secondary sized signs limited to 70% of adjacent wall surface and 1.5-ft. in max. height; and all wall signage is limited to 350 sq. ft. in total area per elevation/side of building. The Kohl's building has a linear wall frontage of approx. 224 feet on the large wall faces (west and east elevations); and 160 linear feet on the shorter (south and north elevation) sides. The building is approx. 52 feet in height. Under the SCC Sign Plan, up to 337.5 sq. ft. of signage is available for the west/east elevations, and 240 sq. ft. of signage to the south/north elevations. t1ip. flU. LVI !U/I PC 01/26/17 Page 6 HOM has submitted its own sign plan with the following allowances: 923 sq. ft. of signage to the south elevation; 843 sq. ft. for the west elevation; 1f1i j i FL Ff}fnjjfr I IIALfFH 1IHH 1I t 1,091 sq. ft. along the east elevation; and The C-2 Sign Standards found under Ch. 34-Sign Code allows the aggregate areas of wall signs not to exceed up to 15% of the wall supporting the signs (essentially 15% of total wall area. The 224' x 52' wall face equals 11,648 sq. ft. of wall space, which would allow up to 1,747 sq. ft. of total wall signage. The smaller 160' x 52' walls equates to 8,320 sq. ft., or 1,248 sq. ft, of allowable signage. Under each wall sign illustration, the new HOM store either exceeds or greatly exceeds the PC 01/26/17 Page 7 allowable amount of wall signage called for under the 2011 Shingle Creek Crossing PUD Sign Plan. However, under the City's Sign Code standards for C-2 properties, all new signs would be under the allowances based on these regular signage standards. Because this old Kohl's site is somewhat detached and separated from the main elements or improvements inside the SCC PUD, city staff is not too overly concerned with granting or allowing this added signage for this HUM store building, since the C-2 standards already allow for increase signage to begin with, and the building is large enough to support the extra signage. As for the new (proposed) freestanding signs. The 2011 Shingle Creek Crossing PUD Agreement limited the number of freestanding signs throughout the PUD area based on the following approvals: Two freestanding signs, each up to 350 sq. ft. in area, are allowed along HWY 100, two freestanding signs are allowed along Bass Lake Road up to 140 sq. ft., and two freestanding signs along Xerxes Ave. up to 140 sq. ft. is allowed as development identification signs as illustrated on Attachment Four and Fifteen. Four monument signs up to 140 sq. ft. are allowed along Bass Lake Road, and one monument sign zip to 140 sq. ft. is allowed along Xerxes Ave. Under the C-2 sign standards in Zoning Ch. 34-Signs, a commercial building above 24,000 sq. ft. is allowed the following freestanding sized signs [as an individual establishment]: 2. Freestanding Signs a. Individual Establishments Individual detached establishments or enterprises not clustered in a shopping center complex or in a multitenant office or industrial building may have one freestanding sign according to the following schedule. In the event such establishments abut two or more streets which are at least collector or arterial in character, and if the abutment on each street exceeds 400 feet, one freestanding sign may be erected along each such street according to the following schedule: Building Gross Floor Area Max. Sign Area Max. Sign Height Square Feet Square Feet (4bove 1st Fir.) Feet Above 24,000 250 32 The two 350-sq. ft. freestanding signs inside the Shingle Creek Crossing PUD today were a hold- over from the previous Brookdale Mall planned unit development agreement of 1998, which the Developer wanted extended to the newly redeveloped PUD. These two large-scale signs are now evident along HWY 100 frontage, and are used to display the major, multiple store tenants inside the new mall area. The Developer also chose to limit individual freestanding signs on all individual parcels, by strategically placing the smaller 140 sq. ft. multiple tenant display signs throughout the development, primarily near the entry points. Since the Kohl'sIHOM frontage along County Rd. 10 and HWY 100 exceeds 400-ft. along each major (arterial) roadway, under the normal; C-2 Zone sign standards, HUM would be entitled to App. No. 2017-UUI PC 01/26/17 Page 8 place two, 250-sq, ft. sized freestanding signs along each roadway. Each sign would also be allowed to be frilly dynamic or full electronic message board. The allowance that HOM is requesting under this PUD Amendment request is quite significant when compared to the approved 2011 PUD Agreement and Sign Plan between Gatlin and the City. Gatlin puiposeftilly chose to limit the amount of individual signage inside the mall area in order to avoid over clustering of freestanding signs, and limit large, out-of-character wall signs that could detract from the newer architectural style and enhanced design of the buildings planned under this PUD. The image below illustrates a plan to install the HOM sign near the southern-most corner of the old Kohl's lot, in front of the proposed medical office building. - _L •_- tMedical Office's OMSFqn HOM is also showing a new freestanding sign near the main entrance (off the main access road), which appears to be for the new medical office uses. Although staff acknowledged this HOM site is somewhat detached and separated from the main part of the SCC-PUD, and essentially will function on its own accord, City staff would still like to maintain a sense of consistent and combined design criteria over the entire PUD site regarding signage, including this ROM and surrounding developments. With that being said, Staff suggests that having three, 350-sq. ft.signs along the HWY 100 frontage may be a bit too much, and recommends HOM reduce the size of their individual sign to only 250-sq. ft. App. No. 2017-001 PC 01/26/17 Page 9 Although entitled to an additional 250 sq. ft. sign along Co. Rd. 10, the City is accepting HOM's request to provide additional and much larger wall signs on the building, so an additional freestanding sign is not warranted along this frontage. Furthermore, any additional freestanding signs for the proposed "Medical Office" and EDA lot may be allowed, but should be limited to the C-2 Sign Code standards as well. RECOMMENDATION Staff recommends the Planning Commission adopt the attached Resolution No. 2017-01, which comprehends the approval of Planning Application No. 2017-001, the Planned Unit Development (PUD) Amendment No. 8, which would allow certain changes to the original 2011 Shingle Creek Crossing Planned Unit Development (and all subsequent amendments), along with the related Site Improvement Plans HOM Furniture - Building Y for Shingle Creek Crossing, subject to the following conditions and allowances: 1.Developer shall comply with all conditions or request of additional information as noted in the City Engineer Review Memorandum, dated January 5, 2017 2.Developer is allowed to amend the 2011 Shingle Creek Crossing Planned Unit Development by allowing the following uses: a)Medical Office Building - with typical tenants that may do surgeries, urgent care and treat patients in offices; b)Medical and Dental Laboratories; c)Educational Uses listed in Zoning Code Section 35-322.1.h.; d)Transient lodging, provided they are limited to hotel use only, and no motels. e) Animal Hospitals, provided any outdoor kennel runs or activity areas for pets being cared for in the hospital is screen with an opaque fence and regularly cleaned and maintained. 3.Developer is allowed to construct a 2-story, 24,622 sq. ft. addition to the former Kohl's building, with approximately one-half of this space to be used for new multi-tenant retail spaces, and one-half to be used as additional floor space for the new HOM Furniture store. 4.Developer is allowed to a reduction of Class I materials along the north elevation side of the new HOM store building, provided all other elevations receive the 50% Class I and 50% Class II ratio. 5.Developer is granted the reduced parking ratio allowance from 4.5 spaces per 1,000 sq. ft. of building space to 1 space per 1,000 sq. ft. and attributed to the new HOM Furniture store use only. All other uses must maintain the 4.5/1,000 ratio as prescribed in the 2011 Shingle Creek Crossing PUD Agreement. 6.Developer is allowed to expand proposed/future Building X from 19,000 sq. ft. to 48,000 sq. ft. for a medical/multi-tenant office building. A separate Site and Building Plan application will be required before any approvals are granted for the new Bldg. X App. No. '2U1/UO! PC 01/26/17 Page 10 improvements. 7.Developer is allowed reduced setback of 20 feet on the EDA lot (Building F) for future development if needed. A separate Site and Building Plan application will be required before any approvals are granted for the new Bldg. F improvements. 8.The allowances to omit the standard: "Drive-thru or service lanes shall be screened with berm ing, landscaping or fencing" is not recommended and will remain intact. 9.Developer is allowed to have all new wall signs comply with the C-2 Zone sign standards established under the Ch. 34-Sign Code; and only one (1) new freestanding sign up to 250 sq. ft. along the HWY 100 frontage is allowed, which can either be a regular static message or dynamic sign per City Code Ch. 34. 10.Developer must obtain a building permit and adhere to all requirements prior to beginning any removals, demolition, land disturbance work, or new construction of parking, utilities or buildings. 11.Unless amended otherwise or under separate agreement, all existing provisions, standards and variations provided under the 2011 Shingle Creek Crossing PUD and subsequent amendments, shall remain in effect for the entire Shingle Creek Crossing Planned Unit Development. 12.Any future PUD amendments or application requests will require the submittal and adoption (acceptance) of an updated master plan, which plan shall govern the planned and future redevelopment areas of this site. 13.No other allowances as illustrated or indicated on the submitted "Shingle Creek Crossing PUD Amendment No. 8 Plans shall be comprehended or permitted under this specific approval. 14.The Developer shall enter into and execute an updated PUD Agreement (or similar document) as prepared by the City Attorney. Attachments • City Engineers Review Memo (01/05/2017) • Shingle Creek Crossing PUD Amendment Plans No. 8 • Site Improvement Plans - HOM Furniture -Bldg. Y App. No. 2017-001 PC 01/26/17 Page 11 Resolution Regarding the Disposition of Planning Commission Application No. 2017-007 Submitted by HOM Furniture, Inc. and Gatlin Development Company for Revision to the Planned Unit Development Amendment No. 8 to the 2011 Shingle Creek Crossing Planned Unit Development (Located at 2501 and 2545 County Road 10) City Council Meeting November 13, 2017 Item 9.a Background On February 13, 2017, the City Council adopted Resolution No. 2017-25, which accepted the Planning Commission’s recommendation to approve PUD Amendment No. 8 for the Shingle Creek Crossing Development and site plan approval for an expansion (two-story 24,622 gross sf.) and renovation of the Kohl’s building by HOM Furniture. •The preparation of the PUD agreement was delayed to address and/or to resolve the following: •The preparation of storm water management plans to comply with watershed requirements associated with any future development within the Kohl’s parking lot (i.e. the proposed 48,000 sf. - 3 story medical office bldg.); •The additional parking requirements associated with Walmart’s review/approval of changes to the Shingle Creek Crossing PUD as provided through private ECR (Easements, Covenants, & Restrictions) which increased the parking standard for HOM Furniture from 1 stall per 1,000 sf. to 1 stall per 500 sf.; and •The fiscal challenges encountered by the EDA to acquire land within Shingle Creek Crossing to enable an option for off-site storm water treatment for the Kohl’s lot, promote additional Shingle Creek daylighting improvements, and provide an option for off-site parking stalls for the planned/future medical office use PUD 8 Amended Agreement •The Planning Commission considered modifications to the General Development Plan for the Kohl’s and EDA parcel on May 25th ; July 27th; conducted a public hearing on September 14th to consider a major amendment; and a continued discussion on October 12th •On October 26, 2017, the Planning Commission continued the Public Hearing and considered the following revisions to the General Development Plans and conditions for Shingle Creek Crossing PUD Amendment No. 8 as established by Resolution No. 2017-025: Background •That the developer is allowed the flexibility in the future development of the of Building Pad Site X to include the following building sizes and uses, subject to compliance with the parking standards of the Shingle Creek Crossing PUD and Site & Building Plan approval: •A 20,000 sf. retail building (90 parking stalls required) •A 3 story, 32,800 sf medical center/office building ( 148 parking stalls) •A 5460 sf. restaurant and 9,795 sf. retail building ( 55 and 44 stalls respectively) •A 26,225 sf. retail building ( 119 parking stalls ) •That the PUD Amendment No. 8 Plans are amended to illustrate the following: •The development of Pad Site X as a 3 story – 32,800 sf. medical center/office building. •The development of Parcel F, the EDA Parcel, as a 4000 sf. bank. •The bio-infiltration basin and reconfiguration to the parking lot to meet the storm water improvements. •The addition of a drive thru lane on the north side of the former Kohl’s building. • That the City Engineer has determined that the EDA parcel was part of the 2011 storm water improvements and will be allowed to develop independent of this installation of the bio-infiltration basin. Continued Background PUD Amendment No. 8 “Revised” Recommendation Adopt the Resolution Regarding the Disposition of Planning Commission Application No. 2017-007 Submitted by HOM Furniture, Inc. and Gatlin Development Company for Revision to the Planned Unit Development Amendment No. 8 to the 2011 Shingle Creek Crossing Planned Unit Development (Located at 2501 and 2545 County Road 10) Cilty C©1Irlldll Ag©di llm N0 9b COUNCW ]ITEM MEMORANDUM DATE: November 13, 2017 TO: Curt Boganey, City Manag FROM: Ginny McIntosh, City Planner/Zoning Administrator THROUGH: Gary Eitel, Director of Business and Development SUBJECT: Resolution Regarding the Disposition of Planning Commission Application No. 2017-011 Submitted by Gatlin Development Company Requesting Approval of a Preliminary Plat for Shingle Creek Crossing 6th Addition (Located at 2545 County Road 10) Recommendation: It is recommended that the City Council, following consideration of this planning application item, adopt the resolution regarding the disposition of Planning Commission Application No. 2017-011, submitted by Gatlin Development Company, for approval of the Preliminary Plat for Shingle Creek Crossing 6th Addition, located at 2545 County Road 10, subject to the conditions outlined in the Planning Commission Staff Report dated October 26, 2017. Background: On October 26, 2017, the Planning Commission conducted a public hearing on Planning Application No. 2017-011, submitted by Gatlin Development Company, for approval of the Preliminary Plat for Shingle Creek Crossing 6 t Addition. Shingle Creek Crossing 6th Addition involves the reconfiguration of Lot 1, Block 2 of Shingle Creek Crossing by removing that portion of the lot owned by Shingle Creek, LLC., a 5,517- square foot remnant area containing the Shingle Creek Crossing freestanding sign at the corner of Shingle Creek Parkway and County Road 10/Bass Lake Road. This area would be combined with Shingle Creek Crossing Outlot A, which is a 6.67-acre common outlot for the private ring road, partial daylighting of the creek, storm water ponding and improvements. Approval of the Plat would facilitate the future development of the EDA parcel (former Boulevard Bar & Grill/Ground Round Restaurant site). Full consideration was given under a duly noticed public hearing and mail notifications were sent to surrounding property owners in accordance with the public hearing requirements. No comments (for or against) were received concerning this application. Upon close of the public hearing, the Planning Commission voted unanimously (7-0) in favor of the adopting Resolution No. 2017-12, RESOLUTION REGARDING RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2017-011 SUBMITTED BY GATLIN DEVELOPMENT COMPANY REQUESTING APPROVAL OF THE PRELIMINARY PLAT OF SHINGLE CREEK CROSSING 6th ADDITION (LOCATED AT 2545 COUNTY RD. 10) jluission: Ensuring all attractive, clean, safe, inclusive community that enhances the qiuilitj' of ilfe fbi all people and preserves the public trust [S[I]JJIJ I U V I k!A U'A I aIL'A (I) 1WI )1SJ I Attached for your review are copies of the Planning Commission Report for Plannin Commission Application No. 2017-011, the Preliminary Plat for Shingle Creek Crossing 6 Addition, the Assistant City Engineer's memorandum dated October 18, 2017, and a copy of the resolution. Budget Issues: There are no budget issues to consider. Strategic Priorities: Targeted Redevelopment 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. 2017- RESOLUTION REGARDING RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2017-011 SUBMITTED BY GATLIN DEVELOPMENT COMPANY FOR APPROVAL OF THE PRELIMINARY PLAT FOR SHINGLE CREEK CROSSING 6TH ADDITION (LOCATED AT 2545 COUNTY RD. 10) WHEREAS, Planning Commission Application No. 2017-011, submitted by Gatlin Development Company, requested approval of the Preliminary Plat to be titled SHINGLE CREEK CROSSING 6TH ADDITION, which is a replat of Lot 1, Block 2 and Outlot A of Shingle Creek Crossing, and WHEREAS, on October 26, 2017, the Planning Commission held a duly called public hearing, whereby this item was given due consideration, a staff report was presented, and a public hearing was opened to allow for public testimony regarding the preliminary plat of Shingle Creek Crossing 6th Addition, which were received and noted for the record; and WHEREAS, the Planning Commission has determined during its review of the preliminary plat materials submitted with Planning Application No. 2017-011 , that said plat is in general conformance with the City of Brooklyn Center's City Code Chapter 15 - Platting; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Planning Commission Application No. 2017-011, as submitted by Gatlin Development Company, requesting approval of the Preliminary Plat to be titled SHINGLE CREEK CROSSING 6TH ADDITION, be approved subject to the following conditions: 1.The final plat shall be subject to the provisions of Chapter 15 of the City Ordinances. 2.The final plat shall be subject to review and final approvals by the City Engineer, prior to release by the City for recording purposes. 3.Any easements that need to be vacated under this platting process as determined by the City Engineer must be considered under separate and formal City easement vacation process, with all documentations, descriptions, and exhibits signed by a licensed surveyor. 4.An updated certified abstract of title or registered property report must be provided to the City Attorney and City Engineer for review at the time of the final plat application (within 30 days of release of the final plat). RESOLUTION NO. 2017 November 13, 2017 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: the following voted against the same: whereupon said resolution was declared duly passed and adopted. Commissioner Tade introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 2017-012 RESOLUTION REGARDING RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2017-011 SUBMITTED BY GATLIN DEVELOPMENT COMPANY REQUESTING APPROVAL OF THE PRELIMINARY PLAT OF SHINGLE CREEK CROSSING 6th ADDITION (LOCATED AT 2545 COUNTY RD. 10) WHEREAS, Planning Commission Application No. 2017-011 submitted by Gatlin Development Company, requesting approval of a Preliminary Plat of a new subdivision to be titled SHINGLE CREEK CROSSING 6th ADDITION, which is a replat of Lot 1, Block 2 and Outlot A Shingle Creek Crossing, and WHEREAS, on October 26, 2017, the Planning Commission held a duly called public hearing, whereby this item was given due consideration, a staff report was presented, and a public hearing was opened to allow for public testimony regarding the preliminary plat of Shingle Creek Crossing 6tli Addition, which were received and noted for the record; and WHEREAS, the Planning Commission has determined during its review of the preliminary plat materials submitted with Planning Application No. 2017-011 , that said plat is in general conformance with City of Brooklyn Center's City Code Chapter 15 - Platting; and NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center does hereby recommend to the City Council, that Application No. 2017-011 as submitted by Gatlin Development Company requesting Preliminary Plat consideration of a new subdivision to be titled SHINGLE CREEK CROSSING 6th ADDITION, may be approved based upon the following conditions: The final plat shall be subject to the provisions of Chapter 15 of the City Ordinances. 2. The final plat shall be subject to review and final approvals by the City Engineer, prior to release by the City for recording purposes. Any easements that need to be vacated under this platting process as determined by the City Engineer must be considered under separate and formal City easement vacation process, with all documentations, descriptions, and exhibits singed by a licensed surveyor. 4. An updated certified abstract of title or registered property report must be provided to the City Attorney and City Engineer for review at the time of the final plat application (within 30 days of release of the final plat). PC RESOLUTION NO. 2017- October 26, 2017 Date Chair ATTEST: Secretary The motion for the adoption of the foregoing resolution was duly seconded by member Sweeney and upon vote being taken thereon, the following voted in favor thereof: Chair Christensen, Commissioners Koenig, MacMillan, Schonning, Sweeney, Tade and Rizvi. the following voted against the same: None whereupon said resolution was declared duly passed and adopted. Cur i,! I BROOK1.IW CENTER Planning Commission Report Meeting Date: October 26, 2017 [o- Application Filed: 09/26/17 o Application Deemed Complete: 9/26/17 o Review Period (60-day) Deadline: 11/25/17 o Extended Review Period Deadline: N/A Application No. 2017-011 Applicant: Gatlin Development Company Location: 2545 County Road 10 within the Shingle Creek Crossing PUD Project Site Request: Preliminary Plat of Shingle reek Crossing 6 k " Addition INTRODUCTION Gatlin Development Company is seeking Preliminary Plat of Shingle Creek Crossing 6th Addition, to facilitate the future development of the EDA parcel (former Boulevard Bar & Grill Ground Round Restaurant site). The preliminary plat involves the reconfiguration of Lot 1, Block 2, Shingle Creek Crossing by removing that portion of the lot owned by Shingle Creek LLC. (the sign area of 5,517 sf. / remnant area resulting from the removal of a free right hand turn lane) and combining it with Outlot A, Shingle Creek Crossing (the 6.67 acre common outlot for the private ring road, partial daylighting of the creek, and storm water ponding and improvements. Notice of this public hearing was published in the October 12th edition of the City's Official Newspaper and individual notices have been mailed to property owners within 350 feet of the site. ANALYSIS Outlot—SigrrParcellj EDALOt rip O -r MP - --------. - dip ?1*) = - ______ - r - Lot 1, Block 2, Shingle Creek Crossing (EDA parcel) will be adjusted back to its initial configuration, a 46,112 sf commercial lot (formerly platted as Tract A, RLS 1430. App. No. 2015-011 PC 10/29/15 Page 1 The plat of Shingle Creek Crossing 6th Addition facilitates a corrective action to the property ownership of the Lot 1, Block 2 Shingle Creek Crossing. As illustrated Outlot A includes the common open space of the Shingle Creek Crossing development (the eastern entrance, ring road, and daylighted portions of Shingle Creek, and the developments storm water improvements). The City Engineer's review report is included in this preliminary plat report and packet. RECOMMENDATION Staff recommends the Planning Commission adopt the attached Resolution No. 2017- , which comprehends the approval of Planning Application No. 2017-011, the Preliminary Plat of SHINGLE CREEK CROSSING 6111 ADDITION, subject to the following conditions: 1. All recommendations and conditions as noted in the City Engineer's review App. No. 2015-011 PC 10/29/15 Page 2 memorandum, dated October 18, 2017 shall be complied with or completed as part of any final plat approvals. 2.The final plat shall be subject to the provisions of Chapter 15 of the City Ordinances. 3.The final plat shall be subject to review and final approvals by the City Engineer, prior to release by the City for recording purposes. 4.Any easements that need to be vacated under this platting process as determined by the City Engineer must be considered under separate and formal City easement vacation process, with all documentations, descriptions, and exhibits singed by a licensed surveyor. 5.An updated certified abstract of title or registered property report must be provided to the City Attorney and City Engineer for review at the time of the final plat application (within 30 days of release of the final plat). ATTACHMENTS o Planning Commission Resolution No. 2017- * City Engineer's Review Memo (10/18/2017) o Preliminary Plat of SHINGLE CREEK CROSSING 6th ADDITION App. NO. 2UD-U1 I PC 10/29'15 Page 3 It (Ii WAU IiIJYAI DATE: October 18, 2017 TO: Ginny McIntosh, Planning and Zoning Specialist FROM: Andrew Hogg, Assistant City Engineer SUBJECT: Public Works Review of Preliminary Plat SHINGLE CREEK CROSSING 6TH ADDITION Public Works Department staff has reviewed the Preliminary Plat submittal dated October 4, 2017, for the proposed SHINGLE CREEK CROSSING 6TH ADDITION pertaining to Lot 1, Block 1 Shingle Creek Crossing (EDA Lot) and Outlot A and provides the following recommendations, comments and conditions: General 1.This preliminary plan review is being performed under the premise that the re-platting is being requested for the sole purpose of revising the property lines as depicted in the attached drawing. It is assumed that all prior approval elements pertaining to the applicable PUD and amendments, preliminary and final plats, plan reviews and building/land alteration permits are to remain consistent with those approvals and remained unchanged with the exception of the aforementioned property lines. Under this premise, the proposed property line revisions appear to pose no negative impacts to the development and are consistent with City requirements. The only known impacts of the revisions pertain to the shifting of parking designation ratios, which minimums are met. 2.All recommendations and requirements approved as part of previous actions pertaining to all prior PUD/PUI. amendment approvals, Preliminary Plan approvals and Final Plat approvals relative to this development and/or portions thereof are withstanding and must be incorporated into the final plans. Upon project completion, the applicant must submit an as-built survey of the property, improvements and utility service lines and structures; and provide certified record drawings of all project plan sheets depicting any associated private and/or public improvements, revisions and adjustments prior to issuance of the certificate of occupancy. The as-built survey must also verify that all property corners have been established and are in place at the completion of the project as determined and directed by the City Engineer. 4. Inspection for the private site improvements must be performed by the developer's design/project engineer. Upon project completion, the design/project engineer must formally certify through a letter that the project was built in conformance with the approved plans and under the design/project engineer's immediate and direct supervision. The engineer must be certified in the State of Minnesota and must certify all required as- Preliminary Plat Review Memo - Shingle Creek Crossing 6th Addition Page 2 October 18, 2017 built drawings (which are separate from the as-built survey). 5.Rededicating and terminating certain easements maybe required as part of this PUD Amendment. Formal vacation documents are required and must contain easement vacation descriptions and depiction exhibits signed by a professional surveyor. A separate application is required for the easement vacation actions. Preliminary Plat 6.Legal descriptions and easement vacation documents must be obtained for all existing easements. Existing public easements as determined by the City must be vacated, and proposed easements must be dedicated as part of the preliminary and final platting process. The formal vacation document must contain an easement vacation description and depiction exhibit signed by a professional surveyor. 7.An updated certified abstract of title or registered property report must be provided to the City Engineer and City Attorney for review at the time of the preliminary plat application (within 30 days of preliminary plat application). Additionally, this will need to stay current and be updated through the approval process as required to maintain and be current within 30 days of the release of final plat. 8.The applicant is responsible for coordinating site development plans with Xcel Energy, CenterPoint Energy, Qwest Communications and other private utility companies. Any further easements necessary to provide utility service to the proposed site development shall be dedicated to the public for public use with the final plat. All aforementioned items, comments and recommendations are provided based on the information submitted by the applicant at the time of this review. The Preliminary Plan (Site Plan and Preliminary Plat) and Final Plat must be developed and maintained in substantial conformance with the referenced plans, unless modified by the staff recommended conditions above. Subsequent approval of the Final Plat may require additional modifications based on engineering requirements associated with final design of the water supply, storm drainage, sanitary sewer, final grading, geometric design and other design elements as established by the City Engineer and other public officials having jurisdiction over approval of the final site plans. SHINGLE CREEK CROSSING 6TH ADDITION _0 fo^l 10 vi : L R.T. DOC. NO. it atss L4KS rn24c '- \ J'CC\ SHmS[E CREEI< CROSSINGI NUN -\ .\ .00 7 JSUNDE - L4ND SURVEYING City Cowindli Agenda llrn N©0 9 COUNCEI]L I{TEM MJEMORNDUM DATE: November 13, 2017 TO: Curt Boganey, City Manag3 FROM: Ginny McIntosh, City Planner/Zoning Administrator THROUGH: Gary Eitel, Director of Business and Development . , SUBJECT: Resolution Regarding Recommended Disposition of Planning Commission Application No. 2017-010 Submitted by the Luther Company, LLLP, Requesting Approval of the Preliminary Plat for Northtown Plaza 4th Addition (Located at 4301, 431 5, 4321, and 4435 68 "' North, and 6701 Brooklyn Boulevard) Recommendation: It is recommended that the City Council, following consideration of this planning application item, adopt the resolution regarding the disposition of Planning Commission Application No. 2017-010, submitted by the Luther Company, LLLP, for approval of the Preliminary Plat for Northtown Plaza 4th Addition, subject to the Applicant complying with the comments outlined in the Assistant City Engineer's memorandum dated October 18, 2017 (attached as Exhibit C in the Planning Commission Staff Report). Background: On October 26, 2017, the Planning Commission conducted a public hearing on Planning Commission Application No. 2017-010, submitted by the Luther Company, LLLP, for approval of the Preliminary Plat for Northtown Plaza 4th Addition, which would consolidate five (5) existing lots into three (3) lots. This request is associated with additional requests by the Applicant under Planning Commission Application No. 2017-010 to amend the existing Planned Unit Development (PUD) plans and documents for the Luther Buick/GMC and Chevrolet dealerships, which were approved in 2008, and establish a new PUD for a proposed Luther Mazda and Mitsubishi dealership. Full consideration was given under a duly noticed public hearing and mail notifications were sent to surrounding property owners in accordance with the public hearing requirements. No comments (for or against) were received concerning this application. Upon close of the public hearing, the Planning Commission voted unanimously (7-0) in favor of the recommendation. Attached for your review are copies of the Planning Commission Report for Planning Commission Application No. 2017-010, a civil set containing the Northtown Plaza 4th Addition Preliminary Plat, a copy of Planning Commission Resolution No. 2017-013, and the draft Council resolution. As this request is associated with two other requests under Planning Application No. 2017-010, separate memorandums have been included to address these requests. Budget Issues: There are no budget issues to consider. Strategic Priorities: o Targeted Redevelopment Mission: Ensuring an attractive, clean, safe, inclusive conmuwitv that enhances the quality of life for all people and preserves the public (just Member introduced the following resolution and moved its adoption: RESOLUTION NO. 2017- RESOLUTION REGARDING RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2017-010 SUBMITTED BY THE LUTHER COMPANY, LLLP, REQUESTING APPROVAL OF THE PRELIMINARY PLAT FOR NORTHTOWN PLAZA 4 TH ADDITION (LOCATED AT 4301, 4315, 4321, AND 4435 68' AVENUE NORTH AND 6701 BROOKLYN BOULEVARD) WHEREAS, Planning Commission Application No. 2016-010 was submitted by the Luther Company, LLLP, requesting approval of a Preliminary Plat to be titled NORTHTOWN PLAZA 4' ADDITION, which is a replat of certain properties within an existing Luther Planned Unit Development (approved under City Council Resolution 2008-80), and the incorporation of additional properties, and WHEREAS, on October 26, 2017, the Planning Commission held a duly called public hearing, whereby this item was given due consideration, a staff report was presented, and a public hearing was opened to allow for public testimony regarding the preliminary plat of Northtown Plaza 4th Addition, which were received and noted for the record; and WHEREAS, the Planning Commission has determined during its review of the preliminary plat materials submitted with Planning Application No. 2017-0 10 , that said plat is in general conformance with City of Brooklyn Center's City Code Chapter 15 - Platting; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Planning Commission Application No. 2017-010 as submitted by the Luther Company, LLLP, requesting approval of the Preliminary Plat to be titled NORTHTOWN PLAZA 4'' ADDITION, is hereby approved subject to the following conditions: All recommendations and conditions as noted in the Assistant City Engineer's review memorandum, dated October 18, 2017, shall be complied with or completed as part of any final plat approvals. Approval of this plat will be subject to the approval of the amendment to the 2008 Planned Unit Development plans and documents (approved under City Council Resolution 2008-80), and the establishment of a new Planned Unit Development, also filed under Planning Application No. 2017-010. Any easements that need to be vacated under this platting process as determined by the City Engineer must be considered under a separate and formal City easement vacation process, with all documentations, descriptions, and exhibits singed by a licensed surveyor. RESOLUTION NO. 2017- 4. The final plat shall be subject to review and final approval by the City Engineer, prior to release by the City for recording purposes. The final plat shall be subject to the provisions of Chapter 15 of the City Ordinances. 6. An updated certified abstract of title or registered property report must be provided to the City Attorney and City Engineer for review at the time of the final plat application (within 30 days of release of the final plat). November 13, 2017 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Commissioner Koenig introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 2017-013 RESOLUTION REGARDING RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2017-010 SUBMITTED BY THE LUTHER COMPANY, LLLP, REQUESTING APPROVAL OF THE PRELIMINARY PLAT OF NORTHTOWN PLAZA 4 TH ADDITION (LOCATED AT 4301, 4315, 4321, AND 4435 68 TH AVENUE NORTH AND 6701 BROOKLYN BOULEVARD) WHEREAS, Planning Commission Application No. 2016-010 was submitted by the Luther Company, LLLP, requesting approval of a Preliminary Plat of a new subdivision to be titled NORTHTOWN PLAZA 4 TH ADDITION, which is a replat of certain properties within an existing Luther Planned Unit Development (approved under City Council Resolution 2008-80), and the incorporation of two additional properties, and WHEREAS, on October 26, 2017, the Planning Commission held a duly called public hearing, whereby this item was given due consideration, a staff report was presented, and a public hearing was opened to allow for public testimony regarding the preliminary plat of Northtown Plaza 4th Addition, which were received and noted for the record; and WHEREAS, the Planning Commission has determined during its review of the preliminary plat materials submitted with Planning Application No. 2017-0 10 , that said plat is in general conformance with City of Brooklyn Center's City Code Chapter 15 - Platting; and NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center does hereby recommend to the City Council that Application No. 2017-010, as submitted by the Luther Company, LLLP, and requesting Preliminary Plat consideration of a new subdivision to be titled NORTHTOWN PLAZA 4 TH ADDITION, may be approved based upon the following conditions: 1.All recommendations and conditions as noted in the Assistant City Engineer's review memorandum, dated October 18, 2017, shall be complied with or completed as part of any final plat approvals. 2.Approval of this plat will be subject to the approval of the amendment to the 2008 Planned Unit Development plans and documents (approved under City Council Resolution 2008-80), and the establishment of a new Planned Unit Development, also filed under Planning Application No. 2017-010. 3. Any easements that need to be vacated under this platting process as determined by the City Engineer must be considered under separate and formal City easement vacation process, with all documentations, descriptions, and exhibits singed by a licensed surveyor. PC RESOLUTION NO. 2017-013 4.The final plat shall be subject to review and final approvals by the City Engineer, prior to release by the City for recording purposes. 5.The final plat shall be subject to the provisions of Chapter 15 of the City Ordinances. 6. An updated certified abstract of title or registered property report must be provided to the City Attorney and City Engineer for review at the time of the final plat application (within 30 days of release of the final plat). October 26, 2017 Date Randall Christensen, Chair ATTEST: Ginny McIntosh, Secretary The motion for the adoption of the foregoing resolution was duly seconded by member MacMillan and upon vote being taken thereon, the following voted in favor thereof: Chair Christensen, and Commissioners Koenig, MacMillan, Rizvi, Schonning, Sweeney, and Tade. and the following voted against the same: None. whereupon said resolution was declared duly passed and adopted. COUNCI[L ]ITEM MEMORANDUM DATE: November 13, 2017 TO: Curt Boganey, City Manager FROM: Ginny McIntosh, City Planner/Zoning Administrator THROUGH: Gary Eitel, Director of Business and Development SUBJECT: Resolution Regarding the Recommended Disposition of Planning Commission Application No. 2017-010 Submitted by the Luther Company, LLLP, for an Amendment to the 2008 Luther Planned Unit Development (Located at 4301 and 4315 68th Avenue North, and 6701 Brooklyn Boulevard) and Incorporation of 4321 68 t" north into the PUD with a New Zoning Classification of PUD/C2 (Planned Unit Development/Commerce) Recommendation: It is recommended that the City Council, following consideration of this planning application item, adopt the resolution regarding the disposition of Planning Commission Application No. 2017-010, submitted by the Luther Company, LLLP, for an amendment to the 2008 Luther Planned Unit Development plans and documents, subject to the Applicant complying with the comments outlined in the Assistant City Engineer's memorandum dated October 18, 2017 (attached as Exhibit C in the Planning Commission Staff Report). Background: On October 26, 2017, the Planning Commission conducted a public hearing on Planning Commission Application No. 2017-010, submitted by the Luther Company, LLLP, for approval of a requested amendment to the 2008 Luther Planned Unit Development plans and documents, which would allow the Applicant to incorporate additional property (including the former Atlantis Pool and Spa, located at 4321 68' Avenue North) into the PUD. Approval of this request would result in the rezoning of said property from C2 (Commerce) District to PUD/C2 (Planned Unit Development/Commerce) District, and the addition of 105 parking stalls, associated parking medians, and drive aisles along the western portions of Lots 2 (Luther Buick/GMC dealership) and 3 (Luther Chevrolet) for vehicle display and storage. The Applicant has also indicated plans to relocate and increase the overall sign area and height of a Luther Chevrolet sign located at 1-94/694, which would be permitted under the City Sign Ordinance. This request is associated with additional requests by the Applicant under Planning Commission Application No. 2017-010 to approve a Preliminary Plat for the Northtown Plaza 4th Addition, which would consolidate five (5) existing lots into three (3) lots, and establish a new Planned Unit Development (PUD) for a proposed Luther Mazda and Mitsubishi dealership. Full consideration was given under a duly noticed public hearing and mail notifications were sent to surrounding property owners in accordance with the public hearing requirements. No comments (for or against) were received concerning this application. Jfrlission: Ensuring an attractive, clean, safe, inclusive conununitj' that enhances the quality of life for (III people oiulpresert'es the public trust EI1SJSJ I U V V IkVA Ik'A I k1[O) 1III $1IJh!kI Upon close of the public hearing, the Planning Commission voted unanimously (7-0) in favor of the recommendation. Attached for your review are copies of the Planning Commission Report for Planning Commission Application No. 2017-010, a civil set containing the proposed improvements, a copy of Planning Commission Resolution No. 2017-014, and a copy of the draft Council resolution. As this request is associated with two other requests under Planning Application No. 2017-010, separate memorandums have been included to address these requests. Budget Issues: There are no budget issues to consider. Strategic Priorities: Targeted Redevelopment 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. 2017- RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2017-010 SUBMITTED BY THE LUTHER COMPANY, LLLP, FOR AN AMENDMENT TO THE 2008 LUTHER PLANNED UNIT DEVELOPMENT (LOCATED AT 4301 AND 4315 68TH AVENUE NORTH AND 6701 BROOKLYN BOULEVARD) AND INCORPORATION OF 4321 681H AVENUE NORTH INTO THE PUD WITH A NEW ZONING CLASSIFICATION OF PUD/C2 (PLANNED UNIT DEVELOPMENT/COMMERCE) WHEREAS, the City Council of Brooklyn Center adopted Resolution No. 2008-80, dated July 28, 2008, which approved the rezoning of three contiguous lots located on the west side of Brooklyn Boulevard between 1-94/694 and 68thi Avenue North (addressed as 4301 and 4315 68th Avenue North and 6701 Brooklyn Boulevard) and established a Planned Unit Development (PUD), which included an approved Development/Master Plan and certain allowances and development standards that would govern over the PUD for the redevelopment and expansion of the Luther Chevrolet building, and the remodeling and expansion of an existing building for a new Luther Buick, Pontiac, and GMC dealership; and WHEREAS, the proposal comprehends additional adjustments not approved under the 2008 Luther Planned Unit Development and the related 2008 PUD Agreement; specifically, the incorporation of Lot 3, Block 2 of Northtown Plaza 2d Addition (4321 68 th Avenue North) into the Planned Unit Development, the rezoning of said property from C2 (Commerce) District to PUD/C2 (Planned Unit Development/Commerce) District, and the consolidation and reconfiguration of lot lines to provide additional area for outdoor auto storage and display; and WHEREAS, the Planning Commission held a duly called public hearing on October 26, 2017, whereby a staff report and public testimony regarding the Planned Unit Development Amendment were received and considered by the Planning Commission; and the Planning Commission gave proper consideration of this Planned Unit Development Amendment request by utilizing the guidelines for evaluating such amendments as contained in Section 35- 355 of the City's Zoning Ordinance and the City's Comprehensive Plan; and WHEREAS; in light of all testimony received, the Planning Advisory Commission of the City of Brooklyn Center determined that Planning Application No. 2017-010, submitted by the Luther Company, LLLP, be approved based upon the following considerations: a) The request for amendment to the 2008 Luther Planned Unit Development plans and documents is consistent with the initial approval of the PUD under City Council Resolution 2008-80, and is compatible with the standards, purposes, and intent of the Planned Unit Development section of the City's Zoning Ordinance. RESOLUTION NO. 2017- b) The proposal for an amendment to the 2008 Luther Planned Unit Development will allow for the continued utilization of the land in question in a manner that is compatible with, complementary to, and of comparable intensity to adjacent land uses, as well as those permitted on the surrounding land. C) Considering the former Atlantis Pool and Spa location (4321 68th Avenue North) was demolished in 2015, the land, to be incorporated into the 2008 Luther Planned Unit Development, would serve as additional parking area for the Luther Buick/GMC dealership. As the land would not be subject to increased building density or impervious area, there would be no impact to the surrounding neighborhood. d) The proposed internal site organization, circulation, and parking facilities for the Luther Buick/GMC dealership would be improved by providing an additional 105 parking stalls along the western portions of the Luther Buick/GMC and Chevrolet dealership lots, along with the inclusion of parking medians, new drive aisles, and an overall decrease in the impervious area for these lots. AND WHEREAS, the Planning Advisory Commission of the City of Brooklyn Center did determine that the guidelines for evaluating a 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 City Council of the City of Brooklyn Center, Minnesota, that Planning Application No. 2017-010, submitted by the Luther Company, LLLP, which requests approval of an amendment to the Luther Planned Unit Development of 2008, is hereby approved subject to the following conditions: 1.The Applicant/Developer is permitted to amend the 2008 Luther Planned Unit Development pending approval of the requests filed under Planning Application No. 2017-010. These include preliminary/final plat approval of the Northtown Plaza 4th Addition, which proposes to consolidate five (5) lots into three (3) lots, and the establishment of a new Planned Unit Development for a Luther Mazda/Mitsubishi dealership. 2.The Applicant/Developer shall comply with the comments outlined in the Assistant City Engineer's memorandum dated October 18, 2017. 3.The Applicant/Developer shall obtain a land alteration permit and adhere to all requirements prior to beginning any removals, demolition, land disturbance work, or new construction of parking and utilities. 4.Unless amended otherwise or under separate agreement, all existing provisions, standards, and variations provided under the 2008 Luther Planned Unit Development (PUD) shall remain in effect for the entire RESOLUTION NO. 2017- Luther Planned Unit Development, as initially approved under City Council Resolution No. 2008-80. 5. Any future PUD amendments or application requests will require the submittal and adoption (acceptance) of an updated master plan, which shall govern the planned and future redevelopment areas of the site. November 13, 2017 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Commissioner Tade introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 2017-014 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2017-010 SUBMITTED BY THE LUTHER COMPANY, LLLP, FOR AN AMENDMENT TO THE 2008 LUTHER PLANNED UNIT DEVELOPMENT (LOCATED AT 4301 AND 4315 68 TH AVENUE NORTH AND 6701 BROOKLYN BOULEVARD) AND INCORPORATION OF 4321 68 TH AVENUE NORTH INTO THE PUD WITH A NEW ZONING CLASSIFICATION OF PUD/C2 (PLANNED UNIT DEVELOPMENT-COMMERCE) WHEREAS, the City Council of Brooklyn Center adopted Resolution No. 2008-80, dated July 28, 2008, which approved the rezonin of three contiguous lots located on the west side of Brooklyn Boulevard between 1-941694 and 68t Avenue North (addressed as 4301 and 4315 68th Avenue North and 6701 Brooklyn Boulevard) and established a Planned Unit Development (PUD), which included an approved Development/Master Plan and certain allowances and development standards that would govern over the PUD for the redevelopment and expansion of the Luther Chevrolet building and the remodeling and expansion of an existing building for a new Luther Buick, Pontiac, and GMC dealership; and WHEREAS, the proposal comprehends additional adjustments not approved under the 2008 Luther Planned Unit Development and the related 2008 PUP Agreement; specifically, the incorporation of Lot 3, Block 2 of Northtown Plaza 2nd Addition (4321 68th Avenue North) into the Planned Unit Development, the rezoning of said property from C2 (Commerce) District to PUD/C2 (Planned Unit Development-Commerce) District, and the consolidation and reconfiguration of lot lines to provide additional area for outdoor auto storage and display; and WHEREAS, the Planning Commission held a duly called public hearing on October 26, 2017, whereby a staff report and public testimony regarding the Planned Unit Development Amendment were received and considered by the Planning Commission; and the Planning Commission gave proper consideration of this Planned Unit Development Amendment request by utilizing the guidelines for evaluating such amendments as contained in Section 35- 355 of the City's Zoning Ordinance and the City's Comprehensive Plan; and WHEREAS; in light of all testimony received, the Planning Advisory Commission of the City of Brooklyn Center determined that Planning Application No. 2017-010, submitted by the Luther Company, LLLP, be approved based upon the following considerations: a)The request for amendment to the 2008 Luther Planned Unit Development plans and documents is consistent with the initial approval of the PUD under City Council Resolution 2008-80, and is compatible with the standards, purposes, and intent of the Planned Unit Development section of the City's Zoning Ordinance. b)The proposal for an amendment to the 2008 Luther Planned Unit PC RESOLUTION NO. 2017-014 Development will allow for the continued utilization of the land in question in a manner that is compatible with, complementary to, and of comparable intensity to adjacent land uses, as well as those permitted on the surrounding land. C) Considering the former Atlantis Pool and Spa location (4321 68th Avenue North) was demolished in 2015, the land, to be incorporated into the 2008 Luther Planned Unit Development, would serve as additional parking area for the Luther Buick/GMC dealership. As the land would not be subject to increased building density or impervious area, there would be no impact to the surrounding neighborhood. d) The proposed internal site organization, circulation, and parking facilities for the Luther Buick/GMC dealership would be improved by providing an additional 105 parking stalls along the western portions of the Luther Buick/GMC and Chevrolet dealership lots, along with the inclusion of parking medians, new drive aisles, and an overall decrease in the impervious area for these lots. AND WHEREAS, the Planning Advisory Commission of the City of Brooklyn Center did determine that the guidelines for evaluating a 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. 2017-010, submitted by the Luther Company, LLLP, which requests approval of an amendment to the Luther Planned Unit Development of 2008, may be approved subject to the following conditions: 1.The Applicant/Developer is permitted to amend the 2008 Luther Planned Unit Development pending approval of the requests filed under Planning Application No. 2017-010. These include preliminary/final plat approval of the Northtown Plaza 4th Addition, which proposes to consolidate five (5) lots into three (3) lots, and the establishment of a new Planned Unit Development for a Luther Mazda/Mitsubishi dealership. 2.The Applicant/Developer shall comply with the comments outlined in the Assistant City Engineer's memorandum dated October 18, 2017. 3.The Applicant/Developer shall obtain a land alteration permit and adhere to all requirements prior to beginning any removals, demolition, land disturbance work, or new construction of parking and utilities. 4.Unless amended otherwise or under separate agreement, all existing provisions, standards, and variations provided under the 2008 Luther Planned Unit Development (PUD) shall remain in effect for the entire Luther Planned Unit Development, as initially approved under City PC RESOLUTION NO. 2017-014 Council Resolution No. 2008-80. Any future PUD amendments or application requests will require the submittal and adoption (acceptance) of an updated master plan, which shall govern the planned and future redevelopment areas of the site. October 26, 2017 Date Randall Christensen, Chair ATTEST: Ginny McIntosh, Secretary The motion for the adoption of the foregoing resolution was duly seconded by member Rizvi and upon vote being taken thereon, the following voted in favor thereof: Chair Christensen, and Commissioners Tade, Rizvi, Koenig, MacMillan, Schonning, and Sweeney. and the following voted against the same: None. whereupon said resolution was declared duly passed and adopted. COUNC]IL IETEM MEMORANDUM DATE: November 13, 2017 TO: Curt Boganey, City Manager FROM: Giimy McIntosh, City Planner/Zoning Administrator THROUGH: Gary Eitel, Director of Business and Development SUBJECT: Resolution Regarding the Recommended Disposition of Planning Commission Application No. 2017-010 Submitted by the Luther Company, LLLP, for Approval of a New Planned Unit Development with New Zoning Classification of PUD/C2 (Planned Unit Development/Commerce), and Site and Building Appro Appro val for a New Luther Mazda and Mitsubishi Dealership (Located at 4435val North) Recommendation: It is recommended that the City Council, following consideration of this planning application item, adopt the resolution regarding the disposition of Planning Commission Application No. 2017-010, submit-ted by the Luther Company, LLLP, for the requested establishment of a new Planned Unit Development for the proposed Luther Mazda and Mitsubishi dealership, subject to the Applicant/Property Owner complying with the conditions outlined in the Site Plan and Documents Approval Section of the Planning Commission Staff Report dated October 26, 2017 (attached). Background: On October 26, 2017, the Planning Commission conducted a public hearing on Planning Commission Application No. 2017-010, submitted by the Luther Company, LLLP, for approval of the requested establishment of a new Planned Unit Development for a Luther Mazda and Mitsubishi dealership, which would allow the Applicant flexibility with the minimum required 15-foot green strip and freestanding signage. As part of this request, the Subject Property (located at 4435 68thi Avenue North) would require a re-zoning from C2 (Commerce) District to PUD/C2 (Planned Unit Development/Commerce) District. This request is associated with additional requests by the Applicant under Planning Commission Application No. 2017-010 to approve a Preliminary Plat for the Northtown Plaza 4th Addition, which would consolidate five (5) existing lots into three (3) lots, and an amendment to the 2008 Luther Planned Unit Development (PUD) plans and documents, which would allow the incorporation of additional property into the PUD, its subsequent rezoning from C2 to PUD/C2, and additional parking improvements to allow for increased vehicle parking and display. Full consideration was given under a duly noticed public hearing and mail notifications were sent to surrounding property owners in accordance with the public hearing requirements. No comments (for or against) were received concerning this application. Mission: Ensuring an attractive, clean, safe, inclusive conunhlnity that enhances the quality of life for all people aiidpi'eserves the public trust I1S1IJ[SJ I fl U I Mk! U!A I 3kA 0) 1WI I1IJk I Upon close of the public hearing, the Planning Commission voted unanimously (7-0) in favor of the recommendation. Attached for your review are copies of the Planning Commission Report for Planning Commission Application No. 2017-010, a civil set containing the proposed site and building improvements, a copy of Planning Commission Resolution No. 2017-015, and a draft copy of the Council resolution. As this request is associated with two other requests under Planning Application No. 2017-010, separate memorandums have been included to address these requests. Budget Issues: There are no budget issues to consider. Strategic Priorities: Targeted Redevelopment 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. 2017- RESOLUTION REGARDING THE DISPOSITION OF PLANNING APPLICATION NO. 2017-010 SUBMITTED BY THE LUTHER COMPANY, LLLP, FOR APPROVAL OF A NEW PLANNED UNIT DEVELOPMENT WITH NEW ZONING CLASSIFICATION OF PUD/C2 (PLANNED UNIT DEVELOPMENT/COMMERCE), AND SITE AND BUILDING APPROVAL FOR A NEW LUTHER MAZDA AND MITSUBISHI DEALERSHIP (LOCATED AT 4435 68TH AVENUE NORTH) WHEREAS, Planning Application No. 2017-010, submitted by the Luther Company, LLLP, requests establishment of a new Planned Unit Development with a Zoning Classification of PUD/C2 (Planned Unit Development/Commerce), and approval of a site and building plan for a new Luther Mazda and Mitsubishi dealership, located at 4435 68th Avenue North; and WHEREAS, the proposal comprehends the rezoning of the Subject Property to facilitate the planned and future redevelopment of the site with a proposed two-story, 35,424- square foot Luther Mazda and Mitsubishi dealership with an outdoor surface parking lot, trash and recycling enclosure, and underground stormwater infiltration system; and WHEREAS, the subject property is identified and guided in the 2030 Comprehensive Plan as RB ("Retail Business"), and the proposed PUD/C2 zoning designation comprehended under this application would be consistent with this underlying land use category; and WHEREAS, on October 26, 2017, the Planning Commission held a duly called public hearing, whereby a planning report was presented and public testimony regarding this proposed Planned Unit Development was received and noted for the official record, and the request was duly considered in light of all testimony received; and WHEREAS, the Planning Commission considered the rezoning comprehended under this Planned Unit Development (PUD) request in light of all testimony received, the guidelines for evaluating rezoning contained in Section 35-208 of the City's Zoning Ordinance, along with the provisions and standards of the C2 (Commerce) District, as contained in Section 35- 322, along with the provisions and standards of the Planned Unit Development District contained in Section 35-355 of the City's Zoning Ordinance; and WHEREAS, on October 26, 2017, the Planning Commission reviewed and considered the proposed new PUD development plans, which included the new site and building plans for the new 35,424-square foot dealership, elevation plans, and civil plans completed by Landform Professional Services, and found the plans to be in order and approved for the Subject Property. WHEREAS, the Planning Commission of the City of Brooklyn Center recommends RESOLUTION NO. 2017- to the City Council that the rezoning element comprehended under the proposed Planned Unit Development submitted under Application No. 2017-0 10 by the Luther Company, LLLP, may be approved based upon the following findings: a.The proposed rezoning appears to demonstrate a clear and public need or benefit to the community and regional area, as it will improve the appearance of the city and enhance the quality of life, property values, and civic pride in this neighborhood area; and provide an opportunity to build upon the presence of Luther's automobile dealerships located near the intersections of 68th Avenue North and Brooklyn Boulevard; b.The rezoning and its related development proposal will not be a detriment to the neighborhood, and should provide a positive effect on the community; The rezoning will facilitate the redevelopment of this site as an automobile dealership, which will be compatible with the goals and policies of the City's Comprehensive Plan and underlying land use plan, which designates the Subject Property for use as "Retail Business"; d.The proposed zoning is consistent and compatible with the surrounding land use classifications; e.The proposed rezoning will provide an opportunity for the Subject Property to maintain its underlying C2 (Commerce) District zoning classification with the flexibility of a Planned Unit Development (PUD), allow an obsolete, former bus storage facility to be redeveloped into an auto dealership, and stimulate new investment in the neighborhood and community; f.The Development/Site and Building Plan is compatible with the standards, purposes, and intent of the City's Zoning Ordinance; g.The Development/Site and Building Plan, in relation to the Planned Unit Development proposed on the Subject Property, will facilitate the redevelopment and improvement of the site, will allow for the utilization of the land in question in a manner which is compatible with, complementary to, and of comparable intensity to adjacent land uses as well as those permitted on surrounding land; h. The improvements and utilization of the Subject Property as proposed under the planned redevelopment of this site is considered a reasonable use of the property and will conform with ordinance standards, with the exception of a request for a reduced parking green strip, and additional freestanding RESOLUTION NO. 2017- signage; and The Development/Site and Building Plan proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city, appears to be a good long range use of the existing land, and can be considered an asset to the community. AND WHEREAS, upon due and proper consideration of this matter, and in light of all testimony received, utilizing the guidelines for evaluating rezoning contained in Section 35-208 of the City's Zoning Ordinance and the provisions of the Planned Unit Development ordinance contained in Section 35-355 of the City's Zoning Ordinance and the City's Comprehensive Plan, the Planning Commission formulated a favorable and unanimous recommendation of approval be forwarded to the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, to recommend Planning Application No. 2017-010, submitted by the Luther Company, LLLP, which proposes a new Planned Unit Development with a new Zoning Classification of PUD/C2 (Planned Unit Development/Commerce), and site and building approval for a new Luther Mazda and Mitsubishi dealership, located at 4435 68th Avenue North, be approved based on the following conditions: Plat and PUD approval: Establishment of the new Planned Unit Development is contingent upon approval and successful recording of the final plat for Northtown Plaza 4' Addition, and an amendment to the 2008 PUD plans and documents, originally approved under Resolution No. 2008-80. No separation of these lots may occur without separate approval of a subdivision as provided under Chapter 15 of the City Code of Ordinances. The five (5) lots proposed for consolidation into three (3) lots are as follows: 1.Lot 1, Block 2, Northtown Plaza 2'' Addition 2.Lot 2, Block 2, Northtown Plaza 21( Addition 3.Lot 3, Block 2, Northtown Plaza 2 nd Addition (East 83 Feet) 4.Lot 3, Block 2, Northtown Plaza 2nd Addition (That Party Lying West of East 83 Feet) 5. Lot 4, Block 2, Northtown Plaza 2nd Addition 2. Building and Site Plan and Review: The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits; and the final location or placement of any fire hydrants and other fire related building code items shall be reviewed and approved by the Fire Chief. a. Any major changes or modifications made to this Site and Building Plan can only be made by an amendment to the approved Site and RESOLUTION NO. 2017 Building Plan as approved by the City Council. 3. Agreements: a.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 agreement shall be filed with the title to the property and shall acknowledge the specific modifications to the C2 (Commerce) underlying zoning district as well as other conditions of approval. The agreement shall further assure compliance with the development plans submitted with this application. b.Appropriate cross access and parking agreements, as approved by the City Attorney, shall be executed and filed with titles to the property allowing access between 6701 Brooklyn Boulevard (Luther Chevrolet) and 4435 68th Avenue North (proposed Luther Mazda/Mitsubishi) prior to issuance of building permits for this project. C.The owner of the property shall enter into a utility, facilities, and easement agreement for maintenance and inspection of utility and storm drainage systems as approved by the City Engineer prior to the issuance of building permits. d.The Applicant/Developer shall execute a separate Performance Agreement with supporting financial guarantee approved by the City, which ensures the Subject Property will be constructed, developed, and maintained in conformance with the plans, specifications and standards comprehended under this Site and Building Plan. The guarantee amount is to be determined based on cost estimates, which shall be submitted prior to the issuance of permits to assure completion of all site improvements. e.There shall be no outdoor paging, announcing, or other amplified voice or music on the site. f.The Developer shall submit an as-built survey of the property, improvements and utility service lines prior to release of the performance guarantee. g.Any major changes or modifications made to the PUD Development/Site and Building Plans can only be made by an amendment to this PUD, which shall include an updated Development/Site Plan, if necessary. 4. Engineering Review: The Applicant agrees to comply with all conditions or provisions noted in the City Engineer's Review memo, dated October 18, 2017 (Exhibit C), including a request from Hennepin County to provide a traffic study and travel demand management plan. a. Final grading, drainage, utility and erosion control plans and any RESOLUTION NO. 2017- other site engineering related issues are subject to review and approval by the City Engineer prior to the issuance of permits. b. The total disturbed area exceeds five acres; therefore, the Applicant/Developer must submit plans to the Shingle Creek Watershed Management Commission for review prior to the issuance of any permits. 5. Construction Standards: a.Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City's Engineering Department. b.The Applicant shall obtain an NPDES construction site erosion permit from the Minnesota Pollution Control Agency prior to disturbing the site. C. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center Standard Specifications and Details. 6. Facilities and Equipment: a.Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. b.The building shall be equipped with automatic fire extinguishing systems meeting NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. C. The proposed 18-foot by 50-foot trash and recycling enclosure shall be constructed with building materials that are complementary to the principal building (proposed Luther Mazda/Mitsubishi building). d. Storage of tires in the proposed trash and recycling enclosure will require installation of a roof on the enclosure. 7.Landscaping: All landscaped areas, including street boulevards, shall include approved irrigation systems to facilitate site maintenance. 8.Signage: The Applicant shall submit an Administrative Permit Application for any proposed signage (e.g., wall, freestanding) as part of the development proposal. a.The proposed three (3) freestanding signs, with allowances of up to 250-square feet in area and up to 32 feet in height, respectively, are approved, subject to the Applicant/Developer complying with all other provisions of Chapter 34 of the City Code of Ordinances (Sign Ordinance). b.All other signage not approved otherwise is subject to Chapter 34 of RESOLUTION NO. 2017- the City Code of Ordinances and shall be approved under separate sign permits. November 13. 2017 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Commissioner MacMillan introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 2017-015 RESOLUTION REGARDING THE DISPOSITION OF PLANNING APPLICATION NO. 2017-010 SUBMITTED BY THE LUTHER COMPANY, LLLP, FOR APPROVAL OF A NEW PLANNED UNIT DEVELOPMENT WITH NEW ZONING CLASSIFICATION OF PUD-C2 (PLANNED UNIT DEVELOPMENT - COMMERCE) & DEVELOPMENT SITE PLAN OF A LUTHER MAZDA AND MITSUBISHI DEALERSHIP (PROPERTY LOCATED AT 4435 68TH AVENUE NORTH) WHEREAS, Planning Application No. 2017-010, submitted by the Luther Company, LLLP, requests establishment of a new Planned Unit Development with a Zoning Classification of PUD-C2 (Planned Unit Development - Commerce), and approval of a Development Site Plan for a new Luther Mazda and Mitsubishi dealership, located at 4435 68th Avenue North; and WHEREAS, the proposal comprehends the rezoning of the Subject Property to facilitate the planned and future redevelopment of the site with a proposed two-story, 35,424- square foot Luther Mazda and Mitsubishi dealership with an outdoor surface parking lot, trash and recycling enclosure, and underground stormwater infiltration system; and WHEREAS, the subject property is identified and guided in the 2030 Comprehensive Plan as RB ("Retail Business"), and the proposed PUD-C2 zoning designation comprehended under this application would be consistent with this underlying land use category; and WHEREAS, on October 26, 2017, the Planning Commission held a duly called public hearing, whereby a planning report was presented and public testimony regarding this proposed planned unit development was received and noted for the official record, and the request was duly considered in light of all testimony received; and WHEREAS, the Planning Commission considered the rezoning comprehended under this Planned Unit Development (PUD) request in light of all testimony received, the guidelines for evaluating rezoning contained in Section 35-208 of the City's Zoning Ordinance, along with the provisions and standards of the C2 (Commerce) District, as contained in Section 35- 322, along with the provisions and standards of the Planned Unit Development District contained in Section 35-355 of the City's Zoning Ordinance; and WHEREAS, on October 26, 2017, the Planning Commission reviewed and considered the proposed new PUD development plans, which included the new site and building plans for the new 35,424-square foot dealership, elevation plans, and civil plans completed by Landform Professional Services, and found the plans to be in order and approved for the Subject Property. PC RESOLUTION NO. 2017-015 WHEREAS, the Planning Advisory Commission of the City of Brooklyn Center recommends to the City Council that the rezoning element comprehended under the proposed Planned Unit Development submitted under Application No. 2017-010 by the Luther Company, LLLP, may be approved based upon the following findings: a.The proposed rezoning appears to demonstrate a clear and public need or benefit to the community and regional area, as it will improve the appearance of the city and enhance the quality of life, property values, and civic pride in this neighborhood area; and provide an opportunity to build upon the presence of Luther's automobile dealerships located near the intersections of 68 Avenue North and Brooklyn Boulevard; b.The rezoning and its related development proposal will not be a detriment to the neighborhood, and should provide a positive effect on the community; The rezoning will facilitate the redevelopment of this site as an automobile dealership, which will be compatible with the goals and policies of the City's Comprehensive Plan and underlying land use plan, which designates the Subject Property for use as "Retail Business"; d.The proposed zoning is consistent and compatible with the surrounding land use classifications; e.The proposed rezoning will provide an opportunity for the Subject Property to maintain its underlying C2 (Commerce) District zoning classification with the flexibility of a Planned Unit Development (PUD), allow an obsolete, former bus storage facility to be redeveloped into an auto dealership, and stimulate new investment in the neighborhood and community; f.The Development/Site and Building Plan is compatible with the standards, purposes, and intent of the City's Zoning Ordinance; g.The Development/Site and Building Plan, in relation to the Planned Unit Development proposed on the Subject Property, will facilitate the redevelopment and improvement of the site, will allow for the utilization of the land in question in a manner which is compatible with, complementary to, and of comparable intensity to adjacent land uses as well as those permitted on surrounding land; h. The improvements and utilization of the Subject Property as proposed under the planned redevelopment of this site is considered a reasonable use of the property and will conform with ordinance standards; and PC RESOLUTION NO. 2017-015 The Development/Site and Building Plan proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city, appears to be a good long range use of the existing land, and can be considered an asset to the community. AND WHEREAS, upon due and proper consideration of this matter, and in light of all testimony received, utilizing the guidelines for evaluating rezoning contained in Section 35-208 of the City's Zoning Ordinance and the provisions of the Planned Unit Development ordinance contained in Section 35-355 of the City's Zoning Ordinance and the City's Comprehensive Plan, the Planning Advisory Commission formulated a favorable and unanimous recommendation of approval be forwarded to the City Council. NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Planning Application No. 2017-010, submitted by the Luther Company, LLLP, which proposes a new Planned Unit Development with a Zoning Classification of PUD-C2 (Planned Unit Development - Commerce) and a Development Site Plan of a new Luther Mazda and Mitsubishi dealership, located at 4435 68th Avenue North, be approved based on the following conditions: Plat and PUB approval: Establishment of the new Planned Unit Development is contingent upon approval and successful recording of the final plat for Northtown Plaza 4th Addition, and an amendment to the 2008 PUD plans and documents, originally approved under Resolution No. 2008-80. No separation of these lots may occur without separate approval of a subdivision as provided under Chapter 15 of the City Code of Ordinances. The five (5) lots proposed for consolidation into three (3) lots are as follows: 1.Lot 1, Block 2, Northtown Plaza 2'' Addition 2.Lot 2, Block 2, Northtown Plaza 2 d Addition 3.Lot 3, Block 2, Northtown Plaza 2nd Addition (East 83 Feet) 4.Lot 3, Block 2, Northtown Plaza 2nd Addition (That Party Lying West of East 83 Feet) 5. Lot 4, Block 2, Northtown Plaza 2 nd Addition 2. Building and Site Plan and Review: The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits; and the final location or placement of any fire hydrants and other fire related building code items shall be reviewed and approved by the Fire Chief. a. Any major changes or modifications made to this Site and Building Plan can only be made by an amendment to the approved Site and Building Plan as approved by the City Council. PC RESOLUTION NO. 2017-015 3. Agreements: a.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 agreement shall be filed with the title to the property and shall acknowledge the specific modifications to the C2 (Commerce) underlying zoning district as well as other conditions of approval. The agreement shall further assure compliance with the development plans submitted with this application. b.Appropriate cross access and parking agreements, as approved by the City Attorney, shall be executed and filed with titles to the property allowing access between 6701 Brooklyn Boulevard (Luther Chevrolet) and 4435 68th Avenue North (proposed Luther Mazda/Mitsubishi) prior to issuance of building permits for this project. C.The owner of the property shall enter into a utility, facilities, and easement agreement for maintenance and inspection of utility and storm drainage systems as approved by the City Engineer prior to the issuance of building permits. d.The Applicant/Developer shall execute a separate Performance Agreement with supporting financial guarantee approved by the City, which ensures the Subject Property will be constructed, developed, and maintained in conformance with the plans, specifications and standards comprehended under this Site and Building Plan. The guarantee amount is to be determined based on cost estimates, which shall be submitted prior to the issuance of permits to assure completion of all site improvements. e.There shall be no outdoor paging, announcing, or other amplified voice or music on the site. f.The Developer shall submit an as-built survey of the property, improvements and utility service lines prior to release of the performance guarantee. g.Any major changes or modifications made to the PUD Development/Site and Building Plans can only be made by an amendment to this PUD, which shall include an updated Development/Site Plan, if necessary. 4. Engineering Review: The Applicant agrees to comply with all conditions or provisions noted in the City Engineer's Review memo, dated October 18, 2017 (Exhibit C), including a request from Hennepin County to provide a traffic study and travel demand management plan. a. Final grading, drainage, utility and erosion control plans and any other site engineering elated issues are subject to review and PC RESOLUTION NO. 2017-015 approval by the City Engineer prior to the issuance of permits. b. The total disturbed area exceeds five acres; therefore, the Applicant/Developer must submit plans to the Shingle Creek Watershed Management Commission for review prior to the issuance of any permits. 5.Construction Standards: a, Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City's Engineering Department. b. The Applicant shall obtain an NPDES construction site erosion permit from the Minnesota Pollution Control Agency prior to disturbing the site. C. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center Standard Specifications and Details. 6. Facilities and Equipment: a.Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. b.The building shall be equipped with automatic fire extinguishing systems meeting NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. C. The proposed 18-foot by 50-foot trash and recycling enclosure shall be constructed with building materials that are complementary to the principal building (proposed Luther Mazda/Mitsubishi building). d. Storage of tires in the proposed trash and recycling enclosure will require installation of a roof on the enclosure. 7.Landscaping: All landscaped areas, including street boulevards, shall include approved irrigation systems to facilitate site maintenance. 8.Signage: The Applicant shall submit an Administrative Permit Application for any proposed signage (e.g., wall, freestanding) as part of the development proposal. a. All other signage not approved otherwise is subject to Chapter 34 of the City Code of Ordinances and shall be approved under separate sign permits. PC RESOLUTION NO. 2017-015 October 26, 2017 Date Randall Christensen, Chair ATTEST: Ginny McIntosh, Secretary The motion for the adoption of the foregoing resolution was duly seconded by member Rizvi and upon vote being taken thereon, the following voted in favor thereof: Chair Christensen, and Commissioners MacMillan, Rizvi, Tade, Koenig, Schonning, and Sweeney. and the following voted against the same: None. whereupon said resolution was declared duly passed and adopted. 0 L .it AT THECE1TEt / \ Planning Commission Repo o Application Filed: 09/26/2017 Meeting Date: October 26, 2017 o Review Period (60-day) Deadline: 11/25/2017 o Extension Declared: N/A • Extended Review Period Deadline: N/A Application No.2017-010 Applicant: The Luther Company, LLLP Location: 4301, 4315, 4321, and 4435 68TH Avenue North, and 6701 Brooklyn Boulevard Request: (1) Preliminary Plat of Northtown Plaza 4th Addition, (2) amendment to 2008 Planned Unit Development plans and documents, and (3) the establishment of a new Planned Unit Development INTRODUCTION The Luther Company (the "Applicant") is requesting review and consideration of a Preliminary Plat of the Northtown Plaza 4'h Addition, which would consolidate five (5) existing lots into three (3) lots. This request is associated with additional requests by the Applicant to amend the existing Planned Unit Development (PUD) plans and documents for the Luther Buick/GMC and Chevrolet dealerships, which were approved in 2008, and establish a new PUD for a proposed Luther Mazda and Mitsubishi dealership (Exhibit A). As part of the application process, a public hearing was scheduled with the Planning Commission for October 26, 2017, and notices were mailed to surrounding property owners. BACKGROUND In 2008, the City of Brooklyn Center City Council approved Resolution 2008-80 (Resolution Regarding the Disposition of Planning Commission Application No. 2008-03 Submitted by the Luther Company LLLP), which approved the rezoning of three contiguous lots located on the west side of Brooklyn Boulevard (6701 Brooklyn Boulevard, 4301 and 4315 68th Avenue North), from C2 (Commerce) District to PUD/C2 (Planned Unit Development/Commerce). Please refer to Exhibit B. Since 2008, the Applicant has assumed ownership of two additional properties, located at 4321 and 68 Avenue North. These locations were previously home to Atlantis Pool and Spa, and a bus storage facility. PRELIMINARY PLAT As part of the preliminary plat approval process, the Applicant is requesting that all five (5) lots be consolidated into three (3) lots, with the re-allocation of land as follows: a.Lot 1 (Proposed Luther Mazda/Mitsubishi) —5.84 acres b.Lot 2 (Luther Buick/GMC) —3.46 acres c. Lot 3 (Luther Chevrolet) - 6.97 acres App. No, 2017-010 PC 10/26/2017 Page 1 69THAVEN • — '•. I. '' kai IT - •-- 1 i'1 ,'-----, - .-;-- . '1V'L2 7 dl ,' W Ir I - VPI c Y_i•'t. ?E1 11 A'i?1 ,, iF ° S* £- - •- ____ - j_ •_-.___ _.INTERSTATE94/G94 _;:-•----•----- -- -- - - - Map 1. Existing Lot Configuration of Subject Property. NORTHTO WN PLAZA 4TH ADDITION Map 2. Preliminary Plat for Subject Property (Northtown Plaza 4th Addition) Approval of the proposed consolidation woLild result in the re-adjustment of lot lines and re- configuration of the lot storage area for the existing Luther Buick/GMC and Chevrolet dealerships. The lot line adjustment would also result in a net increase of approximately one (1) acre for the proposed Luther Mazda/Mitsubishi dealership property, and approximately 1.7 acres for the Luther Buick/GMC property, whereas, the size of the Luther Chevrolet property would decrease by approximately 1.6 App. No. 2u•LI-ulu PC 10/26/2017 Page 2 acres. Based on staff findings, staff recommends Planning Commission recommendation of the preliminary/final plat (Northtown Plaza 4th Addition); subject to the Applicant complying with the comments outlined in the Assistant City Engineer's memorandum dated October 18, 2017 (Exhibit C). AMENDMENT TO PLANNED UNIT DEVELOPMENT In 2008, the City of Brooklyn Center City Council approved the rezoning of the three (3) properties located at 6701 Brooklyn Boulevard, and 4301 and 4315 68th Avenue North, to PUD/C2, which facilitated the redevelopment and expansion of the existing Chevrolet building and the remodeling and expansion of an existing building for the Luther Buick, Pontiac, and GMC dealership, subject to the conditions outlined under Resolution 2008-80. Given the Applicant's acquisition of the two additional lots, the Applicant is requesting to incorporate Lot 3, Block 2 of Northtown Plaza 2 nd Addition, of which includes the former Atlantis Pool and Spa location (demolished in 2015), into the revised PUD. The Applicant has requested review and consideration of 4435 68th Avenue North (former bus storage facility) as a separate PUD for the proposed Luther Mazda/Mitsubishi dealership. Access and Parking The incorporation of Lot 3, Block 2 of Northtown Plaza 2 d Addition would provide additional storage and display area for vehicles. As part of the proposal, additional parking spaces and parking medians would be added. The Applicant summarizes in the site plan that the overall impervious area of the proposed Lots 2 and 3 construction limits would decrease from 50,738-square feet, to 44,256-square feet. An additional 105 parking stalls would be provided along the western portion of Lots 2 and 3. These parking spaces would meet the minimum requirements for 90-degree parking stalls and provide a 27-foot wide drive aisle running north to south. Signage As part of the PUD amendment request, the Applicant has also indicated plans to relocate an existing Luther Chevrolet sign currently located along 1-94/694. As part of the relocation, the Applicant is requesting an increase to the maximum allowable sign area and height to 250-square feet in area and 32 feet in height. Per Section 34-140.3.A.2.A of the City Sign Ordinance, "Individual detached establishments or enterprises not clustered in a shopping center complex or in a multitenant office or industrial building may have one freestanding sign according to the following schedule. In the event such establishments abut two or more streets which are at least collector or arterial in character, and if the abutment on each street exceeds 400 feet, one freestanding sign may be erected along each such street..." As the existing Luther Chevrolet dealership contains 55,575-square feet of building gross floor area, is located on a corner lot, and has a greater than 400 foot frontage along 1-94/694 and Brooklyn Boulevard, the proposed replacement Chevrolet sign along 1-94/694 could have a maximum of 250- square feet and a height of up to 32 feet. It should be noted that an Administrative Sign Permit application would need to be submitted with drawings and a location map in order for such a sign to be approved. App. No. 2017-010 PC 10/26/2017 Page 3 Based on staff findings, staff recommends Planning Commission recommendation of the amendment to the 2008 Planned Unit Development plans and documents, subject to the Applicant complying with the comments outlined in the Assistant City Engineer's memorandum dated October 18, 2017 (Exhibit C). ESTABLISHMENT OF A NEW PLANNED UNIT DEVELOPMENT The Applicant has proposed to construct a Luther Mazda/Mitsubishi dealership to the west of the existing Luther Buick/GMC and Luther Chevrolet dealerships at 4435 68th Avenue North. As part of the proposal, the Applicant is requesting the establishment of a new Planned Unit Development (PUD) to allow flexibility with the minimum required 15-foot green strip and freestanding signage. As part of this request, the Subject Property would require a re-zoning to PUD/C2 (Planned Unit Development/Commerce) District. A special use permit is typically required for any retail auto dealership in the C2 zoning district (provided the site is at least three or more acres in size and structures occupy a minimum of 15-percent of the parcel). As the proposed Luther Mazda/Mitsubishi dealership site was a former bus storage facility, a special use permit would have been required; however, as the project is proposed as a Planned Unit Development (PUD), a PUD would essentially supersede a special use permit. Once a use has been established under a PUD, it is an allowed use rather than a permitted or special use within the underlying zoning district, and therefore does not require approval of a separate special use permit. Site and Building Improvements The minimum building setback requirements of the C2 (Commerce) Zoning District are as follows: Front: 35 feet Rear Yard: 40 feet Side Interior Yard: 10 feet The Luther Mazda/Mitsubishi dealership building setbacks are proposed at: Front: 188 feet Rear Yard: 243 feet Side Interior Yard: 57 feet As outlined above, the proposed dealership building would meet all of the minimum building setback requirements for properties zoned C2 (Commerce) District). The proposed 35,424-square foot Luther Mazda/Mitsubishi dealership building would be constructed with two-stories and would feature mirrored vestibule entrances, reception and sales areas, and customer lounges for Mazda and Mitsubishi on the eastern half of the first floor. The western half of the first floor would contain mirrored Mazda and Mitsubishi parts, tools, and shop areas. A shared service drive for Mazda and Mitsubishi would be centrally located on the first floor. Although not proposed at this time for construction, the submitted plans denote an area that would allow for a future service bay area expansion on the Mazda side of the building. This proposed expansion area would be in line with the extents of the proposed limits of the building's footprint. The second floor largely opens out to the first floor below, with a set of stairs leading up to the second level of the Mazda and Mitsubishi parts area, and employee designated areas (i.e., locker rooms, conference and break rooms, offices). The exterior would primarily utilize a grayscale palette (i.e., white, black, gray) with accents of red. The proposed finishes would incorporate precast concrete and aluminum composite panels (ACM). A glass curtain wall system and metal garage door bays would be featured on either side of the building to signify the shared Mazda and Mitsubishi dealership space. App. No. 2(J1/-U1U Pc 10/26/2017 Page 4 FU.T111EIAI North Elevation South Elevation East Elevation West Elevation Image 1. Proposed Luther Mozda/Mitsubishi Dealership Building Elevations The City of Brooklyn Center references the Shingle Creek Crossing PUD architectural development standards with proposals for new Planned Unit Developments. These standards require that at least 50- percent of all four sides (wall surfaces) of a building be construction of Class I materials. The remainder can be constructed with Class II materials. As reference: Class I materials include: brick or acceptable brick-type material, natural looking stone, textured cement stucco, copper, architectural panels or masonry units with enhanced detailing such as patterns, textures color, dimension, banding, brick inlay or glass. Class II materials include: EElS, pre-finished metal, concrete block, fiber-reinforced cement board siding, canvas or vinyl awnings. The Applicant will need to verify this standard has been met prior to issuance of any building permits. The west elevation should be paid particular attention to, as the elevation is almost exclusively comprised of pre-cast panels. Building materials should be comprised predominantly of high-quality, durable materials that will retain their appearance over time. As the north and south elevations would face 68th Avenue North and 1-94/694, respectively, the Applicant should identify whether there are textural treatments that could be implemented to strengthen the building's overall aesthetic. Access and Parking The Applicant intends to provide two 27-foot wide full access driveways off 68 1h Avenue North. A 27-foot wide limited access point between the proposed Mazda/Mitsubishi and existing Chevrolet dealership would be provided along the southern extent of the properties. Circulation through this access point would be controlled by a gate. A parking plan was incorporated into the submitted site plan and provides the following information: App. NO. LUI/-UIU PC 10/26/2017 Page 5 Tokin I Dn rlAna Pni uirrnnt' Parking Use Minimum Required Parking Spaces Provided Parking Spaces (in bold) Automobile Service Stations Three (3) spaces for each enclosed boy 45 spaces (Service Bays)plus one (1) space for each day shift employee plus a minimum of two (2) spaces for service vehicles and one (1) additional space for each service vehicle over two in number. Office (other commercial uses)One space for each 200 SF of gross floor (3,306 SF GFA / 200 SF = 16.53 spaces) area (GFA)17 spaces Other Retail Eleven (11) spaces for the first 2,000 SF (First 2,000 SF GFA= 11 spaces 19,000 of GFA orfractian thereof; 5.5 spaces for SF GEA remaining/5.5 spaces = 49.5 each additional 1,000 SF of GFA spaces = 60.5 spaces required) exceeding 2,000 SF.62 spaces Warehouse/Storage One (1) space far every two employees (3,779 SF GFA/800 SF = 4.72 spaces) based upon maximum planned 5 spaces employment during any work period or one (1) space far each 800 SF of GFA, whichever requirement is greater. ADA 5 (for 101-150 parking space 6 spaces requirement-minimum stall requirement of 129 stalls per City Zoning Code) Total Required Parking 129 spaces (ADA spaces incorporated into total) Total Provided Parking 480 spaces Source: Section 35-700 (0)f-Street Parking Hequ!rementsl or tee LISY or nrooeiyn entei Lolling LUUO. As noted in Table 1 above, the proposed Luther Mazda/Mitsubishi dealership would exceed the minimum required number of parking spaces (129) by providing 480 total spaces on the property. Given the substantial increase beyond the minimum requirements, it should be noted that auto dealerships and their daily activities typically result in an increase beyond the minimum requirements in order to provide for the outdoor display and storage of new, used, and service vehicles. The parking area would also include parking for Luther customers, visitors, and all employees. Parking spaces would be constructed to meet the City Zoning Code minimum width and length requirements. Traffic circulation within the property would be provided by 27-foot wide drive aisles through the outer parking aisles, with 24-foot wide drive aisles serving the interior aisles. The proposed 19'2" drive aisle located along the southern edge of the building (Mazda dealership) would require it to be restricted to one-way access. As part of the flexibility of a PUD, the Applicant is also requesting the minimum required 15-foot green strip be reduced to approximately five (5) feet as part of the development proposal. This reduction would allow a continuation of the existing green strip for the Luther Buick/GMC, and Luther Chevrolet dealerships to the proposed Luther Mazda/Mitsubishi dealership. The existing green strip along the former bus storage facility (4435 68th Avenue North) is approximately eight (8) feet. Although the majority of the frontage along 68uh1 Avenue North would meet the minimum 15-foot green strip requirement, one (1) showcase parking pad is proposed for the Mazda/Mitsubishi dealership. This parking pad would be located approximately three (3) feet off the northern property, which is consistent with the three other showcase parking pads dispersed along 68th Avenue North and Brooklyn Boulevard for the Luther Buick/GMC and Luther Chevrolet dealerships. App. Na. lul/-ulu PC 10/26/2017 Page 6 Lighting and Trash Per the City Zoning Code, "any new or additional lighting installed to illuminate the storage area must be down-cast, cut-off style light fixtures." The submitted photometric plan notes that all proposed luminaires will be fully shielded and of the full cutoff type. The Applicant has also indicated that the proposed lighting would meet the requirements of Section 35-712 (Lighting) of the City Zoning Code by not exceeding ten (10) foot candles measured at property lines abutting the street right-of-way or non- residentially zoned properties. The photometric plan notes that the maximum number of foot candles for any perimeter pole light would be not more than 9.2 and 9.8 foot candles for the lighting along 1-94/694 and the adjoining Luther Chevrolet dealership. The maximum foot candles along 68th Avenue North and the North Memorial Ambulance facility would be between 3.1 and 3.6 foot candles. The average amount of foot candles for the perimeter pole lighting is anticipated to be between 0.83 and 6.66 foot candles per the plans provided. The highest maximum concentration of foot candles would be over the lot surface at 17.8 foot candles. The photometric plan calls for the installation of 45 new pole lights and 10 new building lights. Although the proposed light pole bases are to be designed by others, the indicated mounting height on an RTA pole for all pole lights, with the exception of the single mounted pole light, is 28 feet. The two proposed single mounted pole lights on an RTA pole would have a mounting height of 16 feet. The site would feature an approximately 18-foot by 50-foot trash and recycling enclosure, which would be located approximately 19 feet off the west interior property line and 443 feet off the rear lot line. The City has normally viewed these areas as "accessory structures," which are permitted with a minimum required setback of three (3) feet from side and rear lot lines. Drainage, Grading, and Utilities The topography of the Luther Mazda/Mitsubishi dealership is comprised primarily of flat terrain. As proposed, the Applicant would install new concrete walks, driveways, utility connections, and underground stormwater infiltration systems for the new lot. These improvements would result in a pervious area reduction of 105,897-square feet. The Applicant notes that rate control, volume control, and water quality requirements would be met through underground infiltration systems. Per the City Zoning Code, "the perimeters of all driving and parking areas shall be bounded by cast in place concrete curb and gutter which conforms with the Minnesota Highway Department Type "B-612." Other shapes of concrete curbing and gutter may be utilized if the design provides an equal cross- sectional area and is approved in writing by the City Engineer. As proposed, the submitted Grading, Drainage, Paving & Erosion Control plans denote the use of B-412 curb and gutter, and would therefore require written approval by the City Engineer. Per the City's Assistant Engineer's memorandum (Exhibit C), it has been determined that B-412 curb and gutter would be permitted. Landscaping The project submittal includes a detailed landscape plan, which illustrates the proposed planting schedule (i.e., trees, shrubs, annuals/perennials, mature size, planting size, root conditions). Although City Code does not have any specific requirements on landscaping, the City has operated under and held new and redeveloped areas to complying with the City's adopted Landscape Point System policy, which assigns points to a given site based on the acreage of a development. The point system requires commercial sites to provide a specific amount or number of landscaping units, and is based on the App. No. L017-010 PC 10/26/2017 Page 7 maximum percentage of certain materials (i.e., 50% shade trees; 40% coniferous trees; 35% decorative trees; and 25% shrubs). The Luther Mazda/Mitsubishi dealership would be located on 5.84 acres. Given a development use category of "Restaurant/Retail/Service/Entertainment/Hotels," the development would need to achieve a minimum of 400 points. T...t..I, I D,-r.1- D,li,i Planting Type Minimum Size Points Per Planting Maximum Points Points Accrued (%) Shade Trees 2 i/" diameter 10 50% 01200 points 200 (28 trees x 10 = 280) Coniferous Trees 5' height 6 40% or 160 points 156 (26 trees x 6 = 156) Decorative Trees 1" diameter 1.5 35% or 140 points 19.5 (13 trees x 1.5 = 19.5) Shrubs 12" diameter 0.5 25% 01100 points 100 (212 shrubs x 0.5 = 106) Total 100% 01400 points 475.5 points As summarized in Table 2 above, the submitted landscape plan meets and exceeds all of the requirements of the Landscape Point System Policy. As part of the landscaping, daylilies and black-eyed Susans are also proposed for planting along 68th Avenue North. As is often the case with auto dealerships, the majority of the landscaping is proposed along the outer perimeter of the site in order to minimize damage to vehicles due to sap, falling branches, pine cones, berries, and birds. Maple and other deciduous tree plantings would be spaced along the western and eastern perimeter of the property; however, the majority of the plantings would be concentrated along the northern and northwest section of the lot. No landscaping is proposed for placement on the parking medians or along the southern edge of the property, which runs along 1-94/694. City Engineer Review Assistant City Engineer Andrew Hogg conducted a review of the application submittal and documents. Comments regarding this application can be found in the memorandum to city staff and dated October 18, 2017, attached hereto (Exhibit C). It should be noted that some of the outlined conditions may be applicable at time of approval for future land disturbance or building permits. Signage The Applicant is requesting the installation of three (3) freestanding signs as part of the development proposal. Section 34-140.A.2.0 (Freestanding Signs-Outdoor Sales and Display) notes, "An individual establishment having a gross building floor area in excess of 24,000 square feet and a minimum lot located upon a land area of at least four acres may have a second freestanding sign providing 50% of the land area is utilized for outdoor sales, display, and storage of merchandise. The second freestanding sign shall not exceed 125 square feet in area, 24 feet in height above the building first floor elevation, and have a minimum separation of 200 feet from the principle freestanding sign." App. No. uii-uiu PC 10/26/2017 Page 8 Under this regulation, the Mazda/Mitsubishi dealership would be permitted to have one (1) freestanding sign of up to 250-square feet and 32 feet in height, and one (1) secondary sign of up to 125-square feet and 24 feet in height. As part of the PUD approval, the Applicant is requesting three (3) freestanding signs of up to 250-square feet and 32 feet in height. Considering the Subject Property is a double frontage lot, staff sees justification in applying the signage provisions for an individual establishment on a corner lot, with the exception that the southern lot width of the proposed Luther Mazda/Mitsubishi lot would fall just short of the minimum 400 foot requirement under Section 34-140.3.A.2.A by approximately 40 feet. Although under separate PUDs, the Luther Chevrolet and proposed Luther Mazda/Mitsubishi dealerships comprise over 1,200 feet of frontage along 1-94/694. Although the proposed Luther Mazda/Mitsubishi and Luther Buick/GMC and Chevrolet lots would be within two separate PUDs, the properties are under the sole ownership of the Luther Company, LLLP, and would contain three buildings totaling over 100,000-square feet. With an area comprising over 16 acres, the property could easily fit three 250-square foot freestanding signs, spaced 400 feet apart. Considering the above noted findings, staff does not object to the Applicant's request to construct three (3) freestanding signs, each with up to 250-square feet in area and 32-square feet in height, with the acknowledgement that all other provisions of the City Sign Ordinance are to be met. Staff recommends the following conditions be attached to any positive recommendation on the approval of the Planned Unit Development for the as proposed Luther Mazda/Mitsubishi dealership: 1. Plat and PUD approval: Approval of the plat, amendment to the 2008 Planned Unit Development plans and documents, and establishment of the new Planned Unit Development are contingent upon final plat approval and successful recording of said plat. No separation of these lots may occur without separate approval of a subdivision as provided under Chapter 15 of the City Code of Ordinances. The five (5) lots proposed for consolidation into three (3) lots are as follows: 1.Lot 1, Block 2, Northtown Plaza 2 nd Addition 2.Lot 2, Block 2, Northtown Plaza 2 nd Addition 3.Lot 3, Block 2, Northtown Plaza 2'' Addition (East 83 Feet) 4.Lot 3, Block 2, Northtown Plaza 2' Addition (That Party Lying West of East 83 Feet) 5. Lot 4, Block 2, Northtown Plaza 2 nd Addition 2. Building and Site Plan and Review: The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits; and the final location or placement of any fire hydrants and other fire related building code items shall be reviewed and approved by the Fire Chief. a.Any major changes or modifications made to this Site and Building Plan can only be made by an amendment to the approved Site and Building Plan as approved by the City Council. b.The Applicant shall verify that the proposed Luther Mazda/Mitsubishi dealership building has met the Architectural Development Standards, which requires that at least 50-percent of all four sides (wall surfaces) of App. No. 2017-010 PC 10/26/2017 Page 9 the building will be constructed of Class I materials, with the remainder constructed of Class II materials. 3. Agreements: a.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 agreement shall be filed with the title to the property and shall acknowledge the specific modifications to the C-2 underlying zoning district as well as other conditions of approval. The agreement shall further assure compliance with the development plans submitted with this application. b.Appropriate cross access and parking agreements, as approved by the City Attorney, shall be executed and filed with titles to the property allowing access between 6701 Brooklyn Boulevard (Luther Chevrolet) and 4435 68th Avenue North (proposed Luther Mazda/Mitsubishi) prior to issuance of building permits for this project. C.The owner of the property shall enter into an easement agreement for maintenance and inspection of utility and storm drainage systems as approved by the City Engineer prior to the issuance of building permits. d.The Developer shall execute a separate Performance Agreement with supporting financial guarantee approved by the City, which ensures the Subject Property will be constructed, developed, and maintained in conformance with the plans, specifications and standards comprehended under this Site and Building Plan. e.There shall be no outdoor paging, announcing, or other amplified voice or music on the site. f.The Developer shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 4.Engineering Review: The Applicant agrees to comply with all conditions or provisions noted in the City Engineer's Review memo, dated October 18, 2017 (Exhibit B). a. Final grading, drainage, utility and erosion control plans and any other site engineering elated issues are subject to review and approval by the City Engineer prior to the issuance of permits. 5.Construction Standards: a.Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City's Engineering Department. b.The Applicant shall obtain an NPDES construction site erosion permit from the Minnesota Pollution Control Agency prior to disturbing the site. C. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center Standard Specifications and Details. 6. Facilities and Equipment: a. Any outside trash disposal facilities and roof top or on ground App. NO. LUI/-UIU Pc 10/26/2017 Page 10 mechanical equipment shall be appropriately screened from view. b. The building and building additions shall be equipped with automatic fire extinguishing systems meeting NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. C. The proposed 18-foot by 50-foot trash and recycling enclosure shall be constructed with building materials that are complementary to the principal building (proposed Luther Mazda/Mitsubishi building). d. Storage of tires in the proposed trash and recycling enclosure will require installation of a roof. 7. Landscaping: All landscaped areas, including street boulevards, shall include approved irrigation systems to facilitate site maintenance. Signage: The Applicant shall submit an Administrative Permit Application for any proposed signage (e.g., wall, freestanding) as part of the development proposal. a. All other signage not approved otherwise is subject to Chapter 34 of the City Code of Ordinances and shall be approved under separate sign permits. Based on staff findings, staff recommends Planning Commission recommendation of the establishment of a new Planned Unit Development for the proposed Luther Mazda/Mitsubishi dealership, subject to the Applicant complying with the conditions outlined in the Site Plan and Documents Approval Conditions of this Staff Report (above). As part of the Planned Unit Development approval, staff also recommends: 1.Approval of a reduction in the minimum required green strip from 15-feet to approximately five (5) feet; and 2.An allowance to install one (1) freestanding sign at the north end of the Subject Property (68th Avenue North), and two (2) freestanding signs at the south end of the Subject Property. Each sign would have an allowance of up to 250-square feet and 32-feet in height. /41/other provisions of the City Sign Ordinance, including minimum setbacks and conformance with the sight triangle, would be applicable. RECOMMENDATION Based on the above-noted findings, staff recommends the Planning Commission recommends: The Planning Commission recommends City Council approval of the requested preliminary plot for Northtown Plaza 4th Addition, subject to the Applicant complying with the comments outlined in the Assistant City Engineer's memorandum dated October 18, 2017 (Exhibit C); The Planning Commission recommends City Council approval of the requested amendment to the 2008 Planned Unit Development plans and documents, subject to the Applicant complying with the comments outlined in the Assistant City Engineer's memorandum dated October 18, 2017 (Exhibit C); and The Planning Commission recommends City Council approval of the requested establishment of a new Planned Unit Development for the proposed Luther Mazda/Mitsubishi dealership, subject to the Applicant/Property Owner complying with the conditions outlined in the Site Plan and Documents Approval App. No. 2017-010 PC 10/26/2017 Page 11 Conditions of this Staff Report. As part of this recommendation, staff also recommends approval of: a.A reduction in the minimum required green-strip from 15-feet to approximately 5 feet; and b.An allowance to install one (1) freestanding sign at the north end of the Subject Property (68th Avenue North), and two (2) freestanding signs at the south end of the Subject Property. Each sign would have an allowance of up to 250-square feet and 32- feet in height. All other provisions of the City Sign Ordinance, including minimum setbacks and conformance with the sight triangle, would be applicable. Should the Planning Commission accept these recommendations, the Commission may elect to adopt the resolutions to be provided prior to the scheduled Planning Commission meeting on October 26, 2017. Attachments Exhibit A- City Submittal for 6701 Brooklyn Boulevard, prepared by Landform, dated September 26, 2017. Exhibit B- City Council Resolution 2008-80 (Resolution Regarding the Disposition of Planning Commission Application No. 2008-03 Submitted by the Luther Company LLLP), adopted on July 28, 2008. Exhibit C- Review Met-no, prepared by Assistant City Engineer Andrew Hogg, dated October 18, 2017. App. No. 2017-010 PC 10/26/2017 Page 12 8 :; ! GOO in leg RE 1P S _S -iogn SUM I 2: uJF-2:uJ0 Ile 2:>--J 00 Ilk 1 11 l Hi'1 fflfflfldIh j i Ii j ii I 1J{111Jh I .I I V 4!qIL1x. T 11tllIhniIit I ( t '11 oil WON U I Ja MEN •• i r .1LI PcOH i1h8 L -- I f HA J II Ifli 00 ow j & I I:1 7 h . !IIIII! U : g ill M ON Ml llI h H: 0 0 - .8zQ z . j0 *fflhi ill .1 i•t : O8 - - (0 (((( 0 - II MQ 0I-00 0 0I-00 0 H J cii ci UT II U/ 3-*H1HH +M+HNHHPL / HI\rH h 2 - WE ,o. -7- o7- A 1 7- T 1I1NtLLI4 '1 z>- Jz I!'! II ifl 0 : ij :.I ' ! A z3 1 I h p J r! tiIUi!I!UL! Ik!1 gill ) / / Ila --- -- - o \ . N r 7L r H LI Li iO H I SI 1 _o:l , I H H H ii : II i t k i! ! I zc0 >- ' (4EI ! tIi 14 1 l e i jJ11 ill j It F1 1 111 all 1 01 'i ffig fil l! p ! hap ! Hign lilt 1i A Iai 0 .A * 4 :.sin•' cI 1 i 2hI I I 1.1 lIP I I_____ Nftft1! /z1__ FI L\ \\• ®--t-H'1' III \ '1 i (I + + + ®-----I( ( ij ;;I iiI' !ll i 1k1 I I I I IE1I1EL WHEREAS, Planning Commission Application No. 2008-003 submitted by the Luther Company LLLP proposes rezoning from C-2 (Commerce) to PUD/C-2 (Planned Unit Development/Commerce) of three contiguous lots located on the west side of Brooklyn Boulevard between 1-94 and 68 th Avenue North and addressed as 6701 Brooklyn Boulevard, 4301 68 ' Avenue North and 4315 68 th Avenue North; and WHEREAS, the proposal comprehends the rezoning of the above property and development plan approval for the redevelopment and expansion of the existing Chevrolet building and the remodeling and expansion of an existing building for a new Buick, Pontiac, GMC dealership; and WHEREAS, the Planning Commission held a duly called public hearing on July 17, 2008 when a staff report and public testimony regarding the rezoning and development plan I were received; and WHEREAS, the Planning Commission recommended approval of Application No. 2008-003 by adopting Planning Commission Resolution No. 2008-02 on July 17, 2008; and WHEREAS, the City Council considered Application No. 2008-003 at its July 28, 2008 meeting; and WHEREAS, the City Council has considered this Planned Unit Development 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 contained 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. 2008-003 submitted by the Luther Company LLLP be approved based upon the following considerations: I. The Planned Unit Development is compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. nj 3, The utilization of the property as proposed under the Planned Unit Development Rezoning is considered a reasonable use of the property and will conform with ordinance standards except for allowing a waiver of the 40 ft. rear yard setback requirement for 4301 68 th Avenue North and to allow green strip encroachments for parking along 1-94 and display pads with pergolas or railings along Brooklyn Boulevard, 68th Avenue and 1-94 and to allow the three properties under different ownership to be utilized as a single parcel of land without the benefit of replatting the property into a single lot. These modifications from the Zoning Ordinance standards are justified on the basis of the development being an appropriate redevelopment of this area and that they are Offset or mitigated by various factors contained in the approved development plan. 4. The Planned Unit Development proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city. ] 5. The Planned Unit Development proposal appears to be a good long range use of the existing land and this redevelopment can be considered an asset to the community. 6. Based upon the above considerations, it is believed that the guidelines for evaluating rezonings as contained in Section 35-208 of the City's Zoning Ordinance are met and 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. 2008-003 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 building permits. 2.Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. 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 required site improvements.I 5.Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 6.The building and building additions shall be equipped with automatic fire extinguishing systems to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 7.Underground irrigation shall be installed in all landscaped areas to facilitate site maintenance. 8.Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 9.The applicant shall submit an as built survey of the property, improvements and utility service lines prior to the release of the performance guarantee. 10.The owner of the property shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems as approved by the City Engineer prior to the issuance of building permits. 11.All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center Standard Specifications and Details. 12.The applicant shall provide appropriate erosion control during construction as approved by the City Engineering Department and obtain an NPDES construction site erosion control permit from the Minnesota Pollution Control Agency prior to disturbing the site. 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 agreement shall be filed with the title to the property and shall acknowledge the specific modifications to the C-2 underlying zoning district as well as other conditions of approval. The agreement shall further assure compliance with the development plans submitted with this application. 14.Appropriate cross access and parking agreements, as approved by the City Attorney shall be executed and filed with the titles to the property allowing access between 6701 Brooklyn Boulevard, 4301 68 th Avenue North and 4315 68th Avenue North prior to the issuance of building permits for this project. 16.Modifications to allow green strip encroachments for decorative display pads, pergolas and fencing as indicated on the approved plans are considered to be acceptable provided they are properly maintained, do no cause clear view visibility impediments and can be modified, changed or eliminated only with the approval of the City of Brooklyn Center. 17.The owner shall replat the property in accordance with Section 35-540 once common ownership of the lots is attained. 18. There shall be no outdoor paging, announcing, or other amplified voice or music on the site July 28, 2008 77 Date Mayor ATTEST: "'dity Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Mark Yelich and upon vote being taken thereon, the following voted in favor thereof: Tim Willson, Kay Lasman, Mary O'Connor, Dan Ryan, and Mark Yelich; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted. L I iii pius iai i DATE: October 18, 2017 TO: Ginny McIntosh, City Planner/Zoning Administrator FROM: Andrew Hogg, Assistant City Engineer SUBJECT: Preliminary Site Plan, PUD Amendment and Preliminary Plat Review - Luther Mazda Mitsubishi Public Works staff reviewed the following documents submitted for review for the proposed Luther Mazda Mitsubishi: Preliminary Plans dated September 26, 2017 Subject to final staff Site Plan approval, the referenced plans must be revised in accordance with the following comments/revisions and approved prior to issuance of Land Alteration permit. Title Sheet 1.Revise City Engineer Contact Cl.! - Existing Conditions Plan 2.No comments. C1.2 -Demolition Plan 3.No comments. C2.1 - Site Plan 4.No comments. C3.1A -Grading Plan 5.Call out for City driveway aprons. 6.The applicant is proposing to construct curb Type B412 within the site. Type B412 curb is acceptable C3.2 - Storm Water Pollution Prevention Plan 7.Erosion Control BMP quantities. C4.1 - Utility Plan 8.TSS treatment on storm sewer run. C5.1 - Preliminary Plat 9. Need working copy of the preliminary plat to show all vacated easements, proposed easements, existing and proposed utilities and provide all easement documents for the City for review. Luther Mazda Mitsubishi Site Plan Review Memo, October 18, 2017 10.Legal descriptions and easement vacation documents must be obtained for all existing easements. Existing public easements as determined by the City must be vacated, and proposed easements must be dedicated as part of the preliminary and final platting process. The formal vacation document must contain an easement vacation description and depiction exhibit signed by a professional surveyor. 11.An updated certified abstract of title or registered property report must be provided to the City Engineer and City Attorney for review at the time of the preliminary plat application (within 30 days of preliminary plat application). Additionally, this will need to stay current and be updated through the approval process as required to maintain and be current within 30 days of the release of final plat. 12.A 10-ft drainage and utility easement must be dedicated on the plat around the entire perimeter of the site. 13.The applicant is responsible for coordinating site development plans with Xcel Energy, CenterPoint Energy, Qwest Communications and other private utility companies. Any further easements necessary to provide utility service to the proposed site development shall be dedicated to the public for public use with the final plat. C7.1 & 7.2 - Detail Sheets 14.All work performed and materials used for construction of utilities must conform to the City standard specifications and details. The City's standard details must be included in the plan. 15.Update to use current City plates. Miscellaneous 16.See redlines for additional comments. 17.Provide irrigation plan. 18.Provide detailed vehicle turning and tracking movement diagrams for delivery vehicles and garbage trucks demonstrating specific and actual routes. 19.Upon project completion the applicant must submit an as-built survey of the property, improvements and utility service lines and structures; and provide certified record drawings of all project plan sheets depicting any associated private and/or public improvements, revisions and adjustments prior to issuance of the certificate of occupancy. The as-built survey must also verify that all property corners have been established and are in place at the completion of the project as determined and directed by the City Engineer. 20.Analysis on the proposed site demand on existing City storm systems will need to be completed and reviewed, prior to issue of a Land Alteration Permit, City will provide follow-up to developer following analysis. 21.Provide traffic study include the anticipated site trip distribution & traffic and turning movement counts and level of service analysis of the following intersections (upon Buildout and 20 years out @ 1% annual growth): Brooklyn Blvd @ 68th Avenue, Brooklyn Blvd 69th Avenue, Brooklyn Blvd @ Mid-Block Right-In/Right-Outa and 69th Avenue Lee Avenue. 22. Provide a travel demand management plan. Luther Mazda Mitsubishi Site Plan Review Memo, October 18, 2017 23.Inspection for the private site improvements must be performed by the developer's design/project engineer. Upon project completion, the design/project engineer must formally certify through a letter that the project was built in conformance with the approved plans and under the design/project engineer's immediate and direct supervision. The engineer must be certified in the State of Minnesota and must certify all required as-built drawings (which are separate from the as-built survey), 24.The total disturbed area exceeds one acre, an NPDES permit is required. In addition, the total disturbed area is more than five acres; applicant must submit plans to the Shingle Creek Watershed Commission for project review. Applicant must meet requirements from the watershed's review. 25.The City has submitted the plans to Minnesota Department of Transportation (Mn/DOT) for review. Applicant must meet requirements from the Mn/DOT review. 26.The City has submitted the plans to Hennepin County for review. Applicant must meet requirements from the Hennepin County review. 27.Applicant must apply for a Land Disturbance permit. 28.Utility Facilities Easement Agreement is required. Prior to Issuance of a Land Alteration 29.Final construction/demolition plans and specifications need to be received and approved by the City Engineer in form and format as determined by the City. The final plan must comply with the approved preliminary plan and/or as amended, as required by the City Engineer. 30.A letter of credit or a cash escrow in the amount of 100 percent of the estimated cost as determined by City staff shall be deposited with the City. 31.During construction of the site improvements and until the permanent turf and plantings are established, the developer will be required to reimburse the City for the administration and engineering inspection efforts. Please submit a deposit of $2,500 that the City can draw upon on a monthly basis. 32.A Construction Management Plan and Agreement is required that addresses general construction activities and management provisions, traffic control provisions, emergency management provisions, storm water pollution prevention plan provisions, tree protection provisions, general public welfare and safety provisions, definition of responsibility provisions, temporary parking provisions, overall site condition provisions and non-compliance provisions. A separate $2,500 deposit will be required as part of the non-compliance provision. Anticinated Permitting 33.A City Land Disturbance permit is required. 34.Watershed plan review is required. 35.A MPCA NPDES permit is required. 36.Other permits not listed may be required and is the responsibility of the developer to obtain and warrant. 37. Copies of all required permits must be provided to the City prior to issuance of applicable building and land disturbance permits. Luther Mazda Mitsubishi Site Plan Review Memo, October 18, 2017 38. A preconstruction conference must be scheduled and held with City staff and other entities designated by the City. The aforementioned comments are provided based on the information submitted by the applicant at the time of this review. Other guarantees and site development conditions may be further prescribed throughout the project as warranted and determined by the City. Ka 8I" i I I I FI1 I fl;! - tj=ij=i c -a 1 4 I rn a oi H H H a; I -vT_; >( 0 i_IflI I It fig az Pm p 1nii-flll I; I I Il II fi g 1k,Re77 flo up nu i 1 r RIe 33 3 aC ti' 2z0 pPI c C)-tD II.- td Jz : °1r 1 "Ii mm II1M.Ozi r :b1llI :%j :: • .I 1UIIIthCEI I I I II1II k.2 / I ;. oi NMI O r m : In okiv j Jr Ii :. I IllI, _=_J •I/V 11'\- EI _1t?i 2 2: 5 :222: A 2;;h 3 VT 33 333 3 7-333 33 3 VT 4Ns3 3 3 33 3 33 3 333 333 33 6 3 3 7 333 3 333 ) 53 3 7 ffl.f 3 33isZ33 I 7QZ iN :. i Ani ooim 0 33 0 ;•. ge jig I H V Iii N tN ml I ) : [! \ \ \ - El Ii fI gig pt 9 1.IS / / / S Til 1III 1 S H r• S NJ FI 1.4IW1 LL gpi II ;im L INNN" It 1 I A !{ li pi ll t i Imp A A IIw ............ L-J IL IM 19 • RM om .•_____ •°1i ..; [ . 49LNi- V. sk-11 9H - :: ri- F1:i9 '14p Preliminary Plat of Shingle Creek Crossing 6th Addition Gatlin Development Company Planning Application No. 2017-011 City Council Meeting November 13, 2017 Agenda Item No. 9.b Introduction Gatlin Development seeking to replat Lot 1, Block 2, Shingle Creek Crossing (former Boulevard Bar & Grill/Ground Round Restaurant site) and Outlot A (the former Brookdale Ring Road and common open space within the Shingle Creek Crossing Planned Unit Development). Preliminary Plat to be titled SHINGLE CREEK CROSSING 6th ADDITION, involves the reconfiguration of Lot 1, Block 2, Shingle Creek Crossing by removing that portion of the lot owned by Shingle Creek LLC (the sign area of 5,517 sf. /remnant area resulting from the removal of a free right hand turn lane). 2545 Co. Rd. 10 (EDA Parcel) Preliminary Plat Shingle Creek Crossing 6th Addition Recommendation Motion to adopt Resolution Regarding the Disposition of Planning Commission Application No. 2017-011 Submitted by Gatlin Development Company Requesting Approval of a Preliminary Plat for Shingle Creek Crossing 6th Addition (Located at 2545 County Road 10) The Luther Company, LLLP Item 9.c REQUEST: (1)Preliminary Plat (2)Amendment to 2008 PUD Plans and Documents (3)Establishment of new PUD City Council Meeting of11/13/2017 Existing Conditions Images for Illustrative purposes only. Background & Request Applicant is requesting approval of: (1) Preliminary Plat of Northtown Plaza 4th Addition, which would consolidate five (5) lots into three (3) lots: Lot 1 (Proposed Luther Mazda/Mitsubishi)- 5.835 acres (~1 acre larger than as existing) Lot 2 (Luther Buick/GMC) – 3.459 acres (~ 1.7 acres larger than existing) Lot 3 (Luther Chevrolet) – 6.956 acres (~1.6 acres smaller than existing) 2 3 1 Source: Landform Background & Request Applicant is requesting approval of: (2) Amendment to 2008 PUD Plans and Documents: Adjustment of boundaries for Luther Buick/GMC and Chevy, along with the incorporation of additional land Would incorporate Lot 3, Block 2 of Northtown Plaza 2nd Addition (“That Part Lying West of East 83 Feet,” and “East 83 Feet”) into the PUD- This includes the former Atlantis Pool property located at 4321 68th Avenue North Applicant is requesting re-zoning to PUD/C2 (Planned Unit Development/ Commerce) Signage Request to relocate existing Luther Chevrolet sign along I-94/694 Increase the allowable sign area and height to a maximum height of 32 feet and 250 square feet in area—allowed per Sign Ordinance Background & Request Source: Landform Signage Existing Luther Chevrolet Sign (along I-94/694) Background & Request Applicant is requesting approval of: (3) Approval of a new Planned Unit Development Allow construction of a 35,424-square foot Luther Mazda/Mitsubishi auto dealership PUD Rezoning Property currently zoned C2 (Commerce) District Auto dealerships are permitted in C2 District as a Special Use Applicant is requesting re-zoning to PUD/C2 to allow flexibility with minimum parking setback requirements Continuation of reduced five (5) foot green strip Minimum required green strip is 15 feet, however, Luther Chevrolet (adjacent to the east) maintains a five (5) foot green strip Signage Maximum allowable freestanding signage for establishments with “Outdoor Sales and Display” is: 1 Primary Sign: Maximum 32 foot high | 250 SF in area 1 Secondary Sign: Maximum 24 foot high | 125 SF in area The Applicant is requesting: 3 Primary Signs: Maximum 32 foot high | 250 Sf in area The Applicant has provided the following rationale to the City for its signage request: Luther is combining two dealerships (Mazda and Mitsubishi) into one 35,424-square foot building. “Allowing two separate signs of the same height will give equal standing to each dealership and provide differentiation from the Chevrolet dealership located next door along Interstate 94. The third sign on 68th (Avenue North) is necessary to provide direction from the dealership from Brooklyn Boulevard, as the proposed dealership has limited visibility from this important thoroughfare.” Note: This provision states an individual establishment can have a second freestanding sign meeting requirements of Table 34A (Freestanding Sign Areas & Heights) if located on corner lot Background & Request: Existing Conditions 68th Ave North- Looking Eastbound Towards Brooklyn Boulevard Background & Request: Existing Signage Renderings (Luther Mazda/Mitsubishi) North Elevation South Elevation East Elevation West Elevation Findings Request #1: Preliminary Plat (Northtown Plaza 4th Addition) – Proposed Plat is in general conformance with the Chapter 15 (Platting) of the City Code. Request #2: Amendment to 2008 Luther Planned Unit Development Plans and Documents – As evaluated as per Section 35-355 (Planned Unit Development) and City’s Comprehensive Plan: The request for amendment to the 2008 Luther Planned Unit Development plans and documents is consistent with the initial approval of the PUD under City Council Resolution 2008-80, and is compatible with the standards, purposes, and intent of the Planned Unit Development section of the City’s Zoning Ordinance. Considering the former Atlantis Pool and Spa location (4321 68th Avenue North) was demolished in 2015, the land, to be incorporated into the 2008 Luther Planned Unit Development, would serve as additional parking area for the Luther Buick/GMC dealership. As the land would not be subject to increased building density or impervious area, there would be no impact to the surrounding neighborhood. The proposed internal site organization, circulation, and parking facilities for the Luther Buick/GMC dealership would be improved by providing an additional 105 parking stalls along the western portions of the Luther Buick/GMC and Chevrolet dealership lots, along with the inclusion of parking medians, new drive aisles, and an overall decrease in the impervious area for these lots. Findings (cont.) Request #3: Establishment of a New Planned Unit Development (Proposed Luther Mazda/Mitsubishi Dealership) – As evaluated as per Section 35-355 (Planned Unit Development), Section 35-208 (Rezoning), and City’s Comprehensive Plan: The rezoning will facilitate the redevelopment of this site as an automobile dealership—compatible with the goals and policies of the City’s Comprehensive Plan and underlying land use plan, which designates the Subject Property for use as “Retail Business”; The proposed zoning is consistent and compatible with the surrounding land use classifications; The proposed rezoning will provide an opportunity for the Subject Property to maintain its underlying C2 (Commerce) District zoning classification with the flexibility of a Planned Unit Development (PUD), allow an obsolete, former bus storage facility to be redeveloped into an auto dealership, and stimulate new investment in the neighborhood and community; The improvements and utilization of the Subject Property as proposed under the planned redevelopment of this site is considered a reasonable use of the property and will conform with ordinance standards Summary A Public Hearing was held at the Planning Commission meeting on October 26th for the three requests Notices were mailed to surrounding property owners No comments or objections were received from the public Planning Commission adopted PC Resolution Nos. 2017-013 (Preliminary Plat), 2017-014 (PUD Amendment to 2008 Luther PUD Plans and Documents), and 2017-015 (Establishment of New Luther PUD) unanimously (7-0), and recommended City Council approval of Planning Application No. 2017- 010, submitted by the Luther Company, LLLP. Recommendation Based on the aforementioned findings the Planning Commission recommends City Council adopt the resolutions regarding the recommended disposition of Planning Application No. 2017-010 submitted by the Luther Company, LLLP, for approval of: 1.The Preliminary Plat for Northtown Plaza 4th Addition (Located At 4301, 4315, 4321, and 4435 68th Avenue North And 6701 Brooklyn Boulevard) 2.An Amendment to the 2008 Luther Planned Unit Development (Located at 4301 and 4315 68th Avenue North and 6701 Brooklyn Boulevard) and Incorporation of 4321 68th Avenue North into the PUD with a New Zoning Classification of PUD/C2 (Planned Unit Development/Commerce) 3.A New Planned Unit Development with New Zoning Classification of PUD/C2 (Planned Unit Development/Commerce), and Site and Building Approval for a New Luther Mazda And Mitsubishi Dealership (Located At 4435 68th Avenue North) City Ciil AIffldi I[thrn N0 Ma Oty C©umad]i Agenda . Hem N\©,, i'lOat #1 S[I1lJ[S1 I fl I I M'4 U I Dk'A (I) I1SJ I DATE: November 13, 2017 TO: Curt Boganey, City Mana FROM: Jesse Anderson, Deputy Director of Building and Community Standards SUBJECT: Type IV 6-Month Provisional Rental License for 4450 58 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 4450 58th Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a 1 building, 11-unit multifamily property. The previous rental license was a Type II Rental License. This property qualifies for a Type IV Rental License based on sixty (5.5/unit) property code violations found during the initial rental license inspection and zero (0) validated police nuisance incidents for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 02-01-2017 The Owner, Doug Rock, applied for renewal of the rental dwelling license for 4450 58th Ave N, a building, 11-unit multifamily property. 02-28-2017 An initial rental license inspection was conducted and failed. 60 (5.5/unit) property code violations were cited, see attached rental criteria. 04-06-2017 A second rental inspection was conducted and failed. A $100 reinspection fee was charged to the property. 04-18-2017 The $100 reinspection fee was paid. 04-30-2017 The previous rental license expired. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust [ES1IJ(SJ IU V I I4 I'AI k"A (I) t1I I1lJ I 05-01-2017 A third inspection was conducted and failed. A $100 reinspection fee was charged to the property. 05-15-2017 A fourth inspection was conducted and corrections complete; however, the $100 reinspection fee remains unpaid. 05-23-2017 The $100 reinspection fee was paid and the rental license passed. 06-07-2017 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 06-07-2017 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. 06-27-2017 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. 08-10-2017 A Mitigation Plan was submitted. 09-07-2017 The Mitigation Plan was finalized. 10-06-2017 A $300 Administrative Citation was issued for operating without a license. 11-06-2017 A letter was sent to the owner notifying that the hearing before the Council will be held November 13, 2017. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [I1IJ[iJ I N V Dik'A U'A I DM (I) 11I I1IJ'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. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of ilfe for all people and preserves the public trust :EoBJ(iJ I fl IYA IYA I DIhYA [I] 1iI $ISA'AI Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type 1-3 Year 1-2 units 0-1 3+ units 0-0.75 Type II —2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51 8B .01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.3 5 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust iisiiicsi • a a i ii IIIJ i Budget Issues: There are no budget issues to consider. Strategic Priorities: e 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 ED1NG ANFBR06KLYN Punta] Liana Wi lgatian FI TyILrIII. rcrwzsJw LfWp1uri wan w1irwi b ib rn &'. b 00 010 J? I 9.3-3U to n j 8 6 R 1 vod'ki3 Fiapr1dd I PTh PJ 11fl h7t IDurr ?dri E:c1 Miru Bd. 'u:•iiI(l. F.IW Phone:,,inj B;'-'I1u r.F2miI:ArockimthquMl K]\'l LbIr1fri: rku R*k cr.t 's; ?I rAiri :ij:h, ::i iir'ir!}z41. rN Agenes Phone: (]5276410E Agiaren ErrgJI: P.mthfl £riilkiri Dab: 10/31/2017 KM u rA on rrapefty iuik' 1.iaIkI1eii F1Ii uInie MCM03, U rrd qqsjjjjEs MG FLenlal Li Pekif HY$I L/thE4 CII mci f.iLj criiId kiftigalloa Pion Twt t' rnrhd find prrart b1 Cr11' LIf NI tfoal lo D F1 an Nidin diiLl h (IcJ8f li efTcAif 8 U 1PB 19i1 pphiIri proem, Vile M llon Plan th3uld lndIilc th!i sleps Wnqiikn ra trreci iJr)jIii' Ow n uri1liari1 b-9 I n-'R on ba nnnurn onquing rcrnpianca with cUrthT'unc1 aria appo=wa wdes. / Miiitir P' jhq qwr4r a91 ha CII' ID r-o vWiv cconarrz, ard iIjE' i$ IiIIin 47 prove IFiF MiI! tFirb flf uiniIteJ and L iLn impIr'bd .iLHri the pending Ikense period. or Ih. Ui$Fj r-a nL1 tiu uik'n I dAp,qY.rcnint ancns such as d LAtIi1 1tcrnI or jlunsiT. ruykydv may r.uI1. Ad ere. isuFam itUng,Mi-owsoo"ns A F3.and C kntJ an pages L and5. 7i' FThçI Li3i. Fr 4.-i - JqI144rq md iiiriii IpiEimn1 LTñ(i U11.J'fl Cvzr Wl Ft-'; fI I 1 MUM 0 AND 0 0 Y1MiIN!fl 5TA!DADS ft CENTER FkntdI Licamse Mllf!patlain Plan ir1 Pham I i) U 4 EtE 0 Te Smoi't ThB laaBB oq€ ntth1InkIie th.i ci Fi Fuin Lcas dncFum. A copy ciftlie kame agreemonaund crIw F t-wIr L- FIJU MMh Plan vebom ubmHudL E1 2) [lie 1rrui or Oliti hmB6LY 3!1 I11 Coith.ct cri-nirmi biclrciurd thnk bt 61 ot-N VwspecUva hrmnI. If it i IrnLn nnw bickgrciiind rc.i rquire. LLh nbk tc prcMfl dncumcithIInn Iz !1• 11 E a rAu 0 5 1 n 0- J .) AllaM n Cij 1pp1.WU ciIur Lrirñu Prem kiIJJrg lizArq ciiur.. Inrc -mtirn Br.prp oc ILI!' ti u n d rflnIpLrr11 undir -i Ti'Lik iJ kvwi 1h A capy c.Fihn Crime Fru Hauidna Carfirrralt tD iha Mft1aIor FlnF W1I!Th uiyik1ud. Crim Free HDugrG lVaiftO.SS eiiIoIM Idfrti dvrirngnI itndrninU tbaliend L1rfr.aLEityaF: !' j ) bythe dy.zi1± mcn±i. Pnn lu LI ) pI iien1.aiidIir' rtuit?eJ t1ll rW1yii iiPcIc41 pr1mriI. To s6edden lnifa w WIcAm ,up Gucufty Ams ems rril, ca11176 3) 5 6 9-3 34-. A TIItw4ip in iL b iphiJ wa the FJcanse,.eZpjraLjUn L[}U Y fi llry M EicJ11Ly f Ii1I! hO''I L-4l Iirnnrt. ti Scasite AtriL Ii boi p4dIy em1plafirin Mai JON qj. x 16 ujIi sit W-lI! •øi cEnptLth1d cn1 thuIrni for r A. FI iI - w ?r I1X1 fltL -ULbJifha U1! n1I1 ITh1W U ui aN 1.iI I 1TY.M1 I BUihTG AND CQMMVNm STANDAMONot 44E4]thiU N,rr1MFJ . RIEt1 Mi1lLh Phr Ucomun 51oma A—COMFt Hrri frnthxo) Pluo III 1) viojjiv1t Brni mInIfl1LTh!L1- l ihn ASIRM,i'r Tim ,! rmutlnoo hivak bo twapiojod within ' wnP.J UM4 rI'I EiW)d Worla 1111 p'iidIng Type V *X 1II (I Ira1 i Ct FLitfd, bitr you ha V41[E L' rrit dn t 1c tItrd. (cmr'ur i-iIviiI iI1n AR.M. rnIinn d nd__________ fl 2) loYL- mi rp thiuIaIiun F th1hplyear- Thu fôflnWiri requlfed Tor r'rt with mr .m 'r tvir L1'iI$ i 1} GAWIN. riI Irainina annualfe that Irdud ciin- IJJ 2f Cndu1 ruIr dri1 mIii. rBk Cammn ndri prthwa9 FrI] I THAil 0 FIS] D MLD I NG WD COMMON! STANDMIDS MffER Vi orATIE- I . øt-iii Cntr, NR 5MA. il L Rn LI Lkm M ftJaIo4n Mn Ty" VLknnsn P-- LOW Tarr?i JpI !m1anPar! ,diikn nd a, rJ tI Iinrt. Funlingshcold he cndreI hurz thiI ara brk!ip, w'rr It'iü In ta1i ptr 0 Hie renr. Al ftni uth riu [cc En ii1. D u.Uci a3 or W1üfl hrkmwu1 rt bicc.p1nd. Eui ara urauedn±n a n Leirn w6i tJnrncj tr)Jcfl cin idn L4 cc ihrgr, prirrn±tkin, pr wnufaclvniry iItIr1 lrAmTkialn rc UruI Lire cin nil e, wNww.k.d.gay. Itirni Dala Last Ftp!1d CanditlDm- EAti pt: W!W21ThJ F iay 2i WriIr a Jan 27 G LoLndry AkiwI Ctci MTi AIrr1i Ju2i32JJ d$rby IIii June 20 27 Jura 2D2T Radi Ferce Shad NA sldmal"-CRA raRld ion Mom kthMk:NN x'i rJt, Iiv c-r- trikIyt inr—JaJn.tm. c LI bE M!, O I P4 I 7Wi 711 1 F BUILDING AND COMMtJ Z DALDSXBRj1OjD- f R iñLi U co n5e Miltxn Plan Type WLI co n at ik'm c—p iprr Fi11 1r?d c itUr)r fP'pu1y Ti-rn hure. In nir. secticn [ha ve bripitn Iu thwiIh or tKAy n untnr1 pr,prt'Jniiq. Tinp foijoewing ocilons uru required: 1) hd-i -i vith 1-i n z Hs 'ty 20-d. 2^ h±kLi ictir. J Eiri riflIii '.43tSHifl 11 [ti e Iei1dutTi !1 Rn iurrrin iI LJiIt tiierfn, iI ncki] chiimp imr± dn b th TK !4i'IfwIrfl t3i is pIiin1 iiiI riHIrd by the City, JJ 1) Prwkii (*nw L1E ) Irb1 rirythrn. Pra4d xirrçnny: ) OHi. If Li- T)Va Ma MWM RaffalLk'$fl bY Iy CW1[L OG IiDertoo R.KLS4 Offfil pi g 1ltL h'-ui Wrawed PiIIgaffc41 Plan wid allipibhi CiIr Cad. A wrIUi rpci1 must b bniI1d brthiO' iIi I ntftiii1h nnUpd bkn by The wxir nd?ariritto nI'Wth th1 MII01I PIkiF C11 A IbbI itrrn ci iurti CiI. weLiI 1 w ii0111 ItF!r r II ip hi cDpy isent 1b vau loia e rn a il. EiiII If cii 41 }1'ii r1 I !ngu4 iii' ! I P' 3-0 I TT?: fl q I F iE)-' Birn1DIN LNI C GAUAUNT7T I TATDaRCity of XB TILYN S4;. Typo hF slum amd Verly iiiyI11 alltrtrrnaIIn picidrJ i true nd cijruI ur4rtir1 IN54. ir I -do, r1 corgI ly *ilh (fig prMitiG1irn p larj,, complywim al Ilerre. kvM. In tho Ileanso pqw!U,or cvwau, L Ih c4F4riIirdaln, criIrmn1 ocMns such bwn rr'DJ 4\ _;_.__. 1, I i r. lfit ATIL'. JjJCjrLjJ i rAnI LaLTh LcdfljlJ ?k/(T7 7p?l LL f'i Rt rt fW. rmv nrnuehu uItdr and thizi tI1 Inibw,FiiJ E2ifr I t Oty C©dJI Age-ndam iItm N0 Hi #2 [i1i1II[SJ I N U U MhYA I'A I 3k'4 (I) 1I IIBJhYA I DATE: November 13, 2017 TO: Curt Boganey, City Manage FROM: Jesse Anderson, Deputy Director of Building and Community Standards SUBJECT: Type IV 6-Month Provisional Rental License for 1510 69 " 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 1510 691h Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a 1 building, 4-unit multifamily property. The previous rental license was a Type III Rental License. This property qualifies for a Type IV Rental License based on fifteen (3.75/unit) property code violations found during the initial rental license inspection and zero (0) validated police nuisance incidents for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 07-18-2017 The Owner, Marsha Ann Darnell, applied for renewal of the rental dwelling license for 1510 69th Ave N, a 1 building, 4-unit multifamily property. 08-15-2017 An initial rental license inspection was conducted and failed. 15 property code violations (3.75/unit) were cited, see attached rental criteria. 09-15-2017 A second rental inspection was conducted and passed. 10-04-2017 City records indicate 0 validated police nuisance incidents occurred in the past twelve months. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust [EI1Ik'[SJ I fl I I MhYA UYA I 1W'A (1) 1I I1IJh'A I 10-04-2017 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 10-11-2017 A Mitigation Plan was submitted. 10-18-2017 The Mitigation Plan was finalized. 10-31-2017 The previous rental license expired. 11-06-2017 A letter was sent to the owner notifying that the hearing before the Council will be held November 13, 2017. If approved, after six months, a new rental license is required. The license process will begin in approximately four months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust oisicsi I v v u i 0] ii 00,11 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. 11'Iissio,z: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust [SIS1IJ[SJ I fl V ai I'A I M (I) 1WI I]JJhYA I Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. fl4ission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [EI1Ik(iJ I fl I I'A U li pI k'A 0] 1WI 1BJ'A I Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I - 3 Year 1-2 units 0-1 3+ units 0-0.75 Type II —2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 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 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust EI1fl[ii IU N N ahYA I'A I 3A (I) 1I WJhYA I Budget Issues: There are no budget issues to consider. Strategic Priorities: Safe, Secure, Stable Community Attachment - Mitigation Plan fIission: Ensuring an attractive, Clean, Safe, inclusive community that enhances the quality of life for all people and preserves the public trust V=EK G ND, XIBRr-C, iii CENTER Typii IV U-ceme *Jft 1 Mib l c 1cirncim kfound on 1he Cftyi wEit8 Bt vIbrkI 1 n1r.c!rg a r cal 330 to Fae an Oedrie U3 Py yog via crniI, NP.E!ibJyn Crrcrr, MN 9 , S 1C &51-gs Ann Or I aii:'i i6l btEthf; N. AN. ix1ij C'rLr, MI 12I YEll -72. mdIu. c•cm n Dti. 1O1'i7 L1 Ant): ?enta Add rua: PJn; Aenl'a Eia Pend higErtnDe._4/30/2018KM (4 rn(thI fIt4T C14T1I wwami EM on çprty condibons aid(r waidated p o li ce nuisa nce Ihe abow refere n ced property qualikea furs Type W Month Rental L&ise. Pri o r in appl i,,,al i o n appWol by Iho Cft' CtriiI a Nilycortipleled. MItiIin F1ii irn n l.be rr p and o ppmwd by Cr' slat A Miti g ation Phin must '3 c omp lete d knrnWia te ly Im order Lo er.ire lirbiely mfrin1 ci Eh Iiccn p!cn Th Mi a1i Pini tIc inrfrk the'staps be.ing taken to mrrec t4d enMe d vicilalions n1the me a wres th a t will be ta kenlc! enc ure on g oir4 ,c ompliaTi m wiLh City Ordinances and apphablks AMffla1Ion Plan '& the owner and1he CiL' to Fiiw nrr Jde nt^V sotuba nalo Irnproe all coriI1IJs of ihe properly- ]Im lhe Miri Pkin is not bTnfttid a nd all ftiins anii notciinp wilhin tio prdn 9 llcens per1i, or the a bove prop.y rt1 y'nd tb i1n &irtiPn rwcLiInE irh R&citE1ion, fnaoripIaint, of re'w m ay 2frQ ttng 111 -gut Se c t ions A1 BF and C located on ,pages 2 S . 4, and 5 , TpJVThaiI Wo nw Mii 3Y' R. 414 rn tio&iA t—Ii1I z1 C U1MmASi -mg xWordl-F.V9 E01 RiNA CrkPM,t,BWrI ,M5Ei'-21 PFi I- I TT:1 U]JINO M1D CO BROMMYNCENTER Rental License Mit1g;Allon Plan Type IV utowo Fi HPim Rrinf Phava 7J t) U m wi -tttei kase agrpernem. The lease apffeenienI alull intbduth Crire Free Houin LMderirn. A copy oIthe lease agf"meml! and CrimeFr FIouIn Leanse Addendum rituat bo ABthod go tbO Mitigation Plan when submillfed. 2 Agree to pursue the iermIna1kn ci 1e rifltF1 or 13vidion f iirits who 03Iaie the tenrns of the lease or any aendurn. J ) 'C-DrWurA ciirniI background cMa ior am neb' pnq tIva WA;Rnts, If Itis B icria-91 0 nw ba0arourid chick is notquird. I'dum be able in pr uit ki cRty 4 Adzml a Gi ity a pprod eiht-huffCrhne Free HouIri Liiriit1 IrformiIioii for ppwed n b friirnd ,nip,nitunder 1he Tr ardE#I fs bb. A copy of the C'lme Frea Hnu!%Mg Gorffr.AW mutt beattachied to Me MiJga1in PIarb when submWed. Crime Frce iuing tinirg w ompttd ona, cfleduld for: to atlendirai1iri aE.iLy1: Srni1 Monthly Update by the i CP day of eaith ninth. Ph&t*iF ripIeie a Securay A&&eBsrnent,sftd p nipirnnts r eei by the aracik1yi Cejier Poride Departnwamt. To mhedulen cuitg a]73) 5-3344. ArIIup Tatmawmpntnutb& com1pleUM bfr I1n xpIrtn date to vritg the securhy iropiroverTignb7 havo been npen1ented. If a 8eturay !r'&it hat bIi pmviuLislyconnp1e1eL writehe cmptn date. rin1W oruls scheduled for: vcuI A mcirt follow-up w. cnipIeted orqg schedukad r Continue SJn A. Ph I , Th. -r+ fliIu t3lbi ro!f; ParhAjtrE1mc0qn C13 Tito r. MW E543CL21 M. I PIEirn 43• I M. 711 1 SUaDING AND COMMUNITY STANDARDS i5ici . .•JC+M1 554u: Rental LIcenme MtII1b P1I1 Type W 13cen this co Hsg Prii Phase !I )wnero.r agent wliltteiid niintinurn 60%(2 ning The matin m b omp1std wIthn the rental period sM brç thp 00dirig Tog UJ Lfconso impilrAlm4it RsqMraibn Is required, hcer you mu gn-1n d-urIng t1ie rnetiii. 'Write two nt1i g d1n owncr or cigont plan to attend, c3iir Dr Bpml ilIl atlenid kR.M. rrp-efinaps schEdded oh,I 1Jfl517 4.pe fl eçI IMjrn ptvig urmrid willi the past ye81 Tha WIMPOM9 001014wIhfcur(4)iMOM Units, j 1) conduct resl&mf tfalning;BMW4 That IrtItid .tiii-ii pi 1hriiqueH. 2) CeiIidUI f:UIF resIdeml heJin, MPTl. F?Y. f-fi L17 of Upti j -r Pry. ftmtk Ijr eknk r, IN I 1 1T., 711 1 Fz 4! MW AND, OMM1JN1TY STANDARDS of3RD-T sj!.gns MIran P lan Type IVLIen 1j —Lw Tm CpIt& Em ritg P1 Bawd on ixhdfflon and age, esftated Feplmeineni dalep, need ko te pm vid ed for crnn caphal Fuhdtng*kuldbi3cansideradacuDrdfngtl. hems ihm ar r1hrwie in 'liri pri1D Ii td need o be replaced snr. All ini ni have dLe tDr Errfd P, "un&ur& dort know",,d e "whpn Woken" will nGtbe if are Lffisufe Of -vahm On Rom wil need w be replaced, ii can rni a wediutbn based on be age appearance, coriiiii Or T1fluClUrinthP&1rf A1diliona inform3mbin en xcd Uf Uti be found' tww.hud.gov . ItrT Lt Replaced ChthL1n Roplao-em ent Date aa rf Fumace Wad er tçtlieAPP[Oftes Laundry PIinc My2OO ftdl 20S piember 2QIT May .'12 F Msy 2020 pImbrtGT JLW!e2'fll F MyQ2 rnciki Airin tT11 2017 i2027 Eteior Iirri JIEC June 47 -- -br 26 F RvA MY 2f:-2-7 Fence NA Garage NA Uu!2014 ugut27 brli7 ini iiLri W4 FF Ned epbeniEnlFL 4ve W ftv- 4441-3:5 City a riiJn Cc n2 a rBUdn.g and Cd2muidulty qxffrjUwmt Sh N a Gi wk P,icIcF arp4Jii Q T1 MJ S FA XL2 109 1 PI (Z)) M. I TrY: 711 1 Fm_ T&1-z) rnJThDThG AN COMMfl•ITY STANDARDS BROtKTTN i:i N Rental L1&io Mit!I Plon MP ita1fltr1$ of Prwwty The ftms in this saciic'n have n proven to assist with pfoperly mwingetWI arol prpirIyiErrie. Ttm f0ming anlonsrequired -. 1) Check-in with brier1aiceiy ?d-d. W 2) Driye by prprty iii Check fW POWW, c ititk'n. 3 EvIct tenri1s n f Li or rmr urps 4 Femiatr urr&i on all tiIIi1y fees, Lae, iirii piIt, arid Diher - flnenc1aIR!rrent due to tieUy. 6rha tot1t tI ru opt3n Ui1 rquir br fhe Cfty El 11i Pfövid El 2 Provicle. El 3) tntall security s&teflL 4) PrimIlde malmenance ve ptam for app5amet. Name of er4ce nar J 5) It the Type I'f$ Mirdh Fknbii Umnw is appmed by the City C'jnc1I, the Hfte rTtU5 corrvly with the approwl Mitwn Plan aald all applimble City Codes. A w:Ill port MPO b vubmIffead by ih IQP dy of iiith with n update of actions being taken by thi unWr agent to t i nrylply with this M[lig&tJOR P]n. A ew y of it Mwvtht Update ccii be found an o90 ? A Plabla ft'rni cafl Lm fund an ibe Ujs website at w. bro&I rr r (63) 1P hv n Ijc1rr4; e4pyr4iyou v,13 ema 'I Pk tah ni frforniiin f mary. 'PAM rms MPjMkv Fii. R ciati Aith1'i ad kwa. drprci1w.crg i jrCA &Larkc rAPJS-2 J t y. I F ___ • IlT9j1j: 2iwidVrffyI^o H verify icii vit i s nd auurae. I ndrtar1 Tht1B do nc1 cofmly with ap prM. d Miflig0lion P1fl, orp' w1h all items within th 1eiie çrlc*d, 'r ipperale byid iIn i;iiI2Iion iich iRs ci1m1iors, form a l mnipl a inft, or Ikna riw niy ru1L Mrh a DiP1I cnrNrn and YiL PAV Lâ/ rJ SiflfltlirV 1i?iiit m-, and 7ï bo w ) OiiL!r SinthLr ØE) - Eu - 44( 'tyn ra!1dix nx camuainity SMAUdS Da12n m }prmr n I 1 M. I FaK (IC ty C©uffi1 n dnz lleinrii N©. H #3 [1111kYiJ I U I I MYA Uh'A I MY4 (0) 1'II 1IJYA I DATE: November 13, 2017 TO: Curt Boganey, City Mana FROM: Jesse Anderson, Deputy Director of Building and Community Standards SUBJECT: Type IV 6-Month Provisional Rental License for 6243 France 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 6243 France Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family dwelling. The previous rental license was a Type III Rental License. This property qualifies for a Type IV Rental License based on 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: 06-12-2017 The Owner, RHA 3, LLC, applied for renewal of the rental dwelling license for 6243 France Ave N, a single family dwelling. 07-06-2017 An initial rental license inspection was conducted and failed. 13 property code violations were cited, see attached rental criteria. 08-09-2017 A second rental inspection was conducted and passed. 08-24-2017 City records indicate 0 validated police nuisance incidents occurred in the past twelve months. 08-24-2017 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 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves (lie public trust [S[I1IJ(iJ I N N k!'4 U'A I k'4 (I] 1WI I1BJYA I license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 08-30-2017 A Mitigation Plan was submitted. 09-07-2017 The Mitigation Plan was finalized. 09-30-2017 The previous rental license expired. 11-06-2017 A letter was sent to the owner notifying that the hearing before the Council will be held November 13, 2017. If approved, after six months, a new rental license is required. The license process will begin in approximately four months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and 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 4 fission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [EI1SJ[IJ I fl I N ai I, 1 i I I'A (I) 1I I1IJi consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [EI1IJEIJ I fl I N DI4 L'A I D1Y4 0) t1I IlUk'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 attractive, clean, safe, inclusive community that enhances the quality of ilfe for al/people and preserves the public trust [ES1IJ[iJ I fl IA I'A I DkA (I] 1aI )111h!kI Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) ____________________________ Type I - 3 Year 1-2 units 0-1 3+ units 0-0.75 Type II —2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust [S[I1IJ[iJ I U I *k"A UhYA I DIA (I) 1II 1SIhYA I Budget Issues: There are no budget issues to consider. Strategic Priorities: e Safe, Secure, Stable Community Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, safe, inclusive continually that enhances the quality of life for all people and preserves 1/ic public trust N O;vr,u Cs }rr(z): ..1Owimr !1iii MN, 11 Oyiej 1 a Pirnn (D- 'Dwñ Eii-; uinbi1ci OijftAt;EYjimfirm, Odle!9/30/2017 La c1 A 918 nt{ 11rr4 J4q m, M nt' Md rtr 1ii Agent's Rith: 14721413U Ag-Anft EMSE mrhni P9rLdhg:EXpFfRf1om DMB!3/31/2018 i ppc1 1iUon anthr valldsiGA pib rulne ikien, Lhe 81IMS propdM kirType IV--a Myth triiuI Ucne. Pibr to apolnevon praby IhC Council fully cnpktff }Aillaaa Plan muEl. be carriplWmd Hn dappyied'by City A Mill on Pizrn -° &kfl aft Iiwne 3pIItion proms, T and Lha measuresd vAt b ansum Dn9IrP willi CIy Ordinances wid appicable codas, A MlOw6ort Phin JlM thtciwiDr and 1ho City to rr3rJ1Rftd 1&,'hlirV r aaible adullons to Impmv cn.'IrtJl Iirfl or zhri p c'jMJti'. If lhul MIiIijikn Plan Is rt liflillIil,.and all irim are ric1 jx'mp1ted viiU*i IN pundira IIcii'iae pe', or LPm abc-fda p_rl 'ind the It acaioci, rrric -nphinL tTiII3i11;1 rnJ 6UI1. aeFe a lttnh1! iIIi $ciin A EL mmd C 1c4 vii pi 2, S. 4.! vnd 5. im r1 ii RD 444-f& City 13f IITL hfl&BtIi1d3fl M Uammunitr Slamdards W-pwimtmt I I Y;1 I MIMING AM CMMItff NDARDSIi1C3WH 1 en11 Lra MII11Ot7i PIfltCENTER I I Ty 5eIna Fp thrg PrgriP Pint 1 L!&ø a wiitnn k' rml. ThI IriU thn Cri me ee ftiftiriç Adeniirii A the Fa 1thd Cthi 1-43ase, Addendum must Rm ahachadMe Millgaifft Plmrh wFrnrL submlftd. [ 2}Alyenep ta puru me iemInFillan orIae rnen 1nnI terma or he tassm, or nr' .udeiums. 13-j CcniductthrnlrtI bILkVIYJfld Mad for all new ferrft huLk wrwrit to r!rmrd iLri th1a FtrELfBL MiL bIu bi pn cj&in,ergtkiq Cily If ri1d. 4) Ain IhL-IurGeFri1otjIr h iiflcvrj, IntInifr approved cour un bo Fi'jr1i I. undrg dhe Triig and EWnrii tab. 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I[tm N©0 Ua #4 [S[S]JJ[I1 I N MA L'A I k'4 (I] 1I I1SJkI DATE: November 13, 2017 TO: Curt Boganey, City Mana g&/'^ FROM: Jesse Anderson, Deputy Director of Building and Community Standards SUBJECT: Type IV 6-Month Provisional Rental License for 6413 June 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 6413 June Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family dwelling. The previous rental license was a Type II Rental License. This property qualifies for a Type IV Rental License based on twelve (12) property code violations found during the initial rental license inspection and zero (0) validated police nuisance incidents for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 06-12-2017 The Owner, Douglas Allen Wahl, applied for renewal of the rental dwelling license for 6413 June Ave N, a single family dwelling. 07-19-2017 An initial rental license inspection was conducted and failed. 12 property code violations were cited, see attached rental criteria. 09-19-2017 A second rental inspection was conducted and passed. 09-30-2017 The previous rental license expired. 10-04-2017 City records indicate zero validated police nuisance incidents occurred in the past twelve months. Mission: Ensuring an attractive, clean, cafe, inclusive community that enhances the quality of life for all people and preserves the public (rust EI1IJ[i1 I fl N N ak!1 U I aIh'A [I) 1II I1IAVA I 10-04-2017 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 10-11-2017 A Mitigation Plan was submitted. 10-18-2017 The Mitigation Plan was finalized. 11-06-2017 A letter was sent to the owner notifying that the hearing before the Council will be held November 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. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan Mission: Ensuring an attractive, clean, safe, inclusive connunity that enhances the quality of life for al/people and preserves the public (just S1U[Si fl N I MA U'A I Mk'A 0) 1I I]JWA1 submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for a//people and preserves the public trust riiscii i ai a i a 0 ii iiu i Rental License Category Criteria Policy - Adopted by City Council 030840 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances time quality of life for al/people and preserves the public trust [EI1IJ[I I U I ak'4 LA I MTA 0] 1WI SJh,1 Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I —3 Year 1-2 units 0-1 3+ units 0-0.75 Type 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 3+ units LLLL i Greater than 8 Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust III1Pi[iJ IU N N MhYA L'A I Ik'4 (I] t1I I1PWA I 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 al/people and preserves time public trust BUILDI NG AND I(JI S TANDARDS C HI R 0 LYN Rellial tl&qe1fl±& Millit-SHOM MarkCENTM pp IV Litmate wr1° P r beacc eprgd, A fit1P OU kCMWn b M fq UndE3n i iha CNLy !t 'idftk r.m or ct1 7) -2I Ic' ho rcini copy riI' yaw ñi e rmail. H JtI r1s):m ze YI MUfltYI MN Ph 11l2I722-aBB tnI PInr 51)721-3 EniS flt!B riaI 9/30/2017 13/31/2018 L an l'JitiOfl OrBIkit'd plinuiatite I 1LriI% al^m* referenced' F V-6 Mciil.h Ren tal LI -I a um. PrrL 1ieUOibapproval b' flCt1r Counfl lfflIrc *thd PMiUi'fb FIEfl r11IJRt]8 co rçMLc1 Elnd Ipprm.!Id Citar. ti1 Pi o n nuLb'it1J iiiyn order lo emure 11maly GMT]IEIIc'Z1 1ThrIicr app lizap6mm r. 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Kip M; T WAiflhI F1 rt PA F. 4.1d1 TM EfB7lp C nL fluJI ra c yuv1L7 I 17ri,rkwp1, Ruv} Ni.2ii I Now EJ-l! 1Ti1 Cy Cif]l Ag©tht Jft N©0 An #5 I[I1Ik[IJ I U V V ak'A U'A I au"i (I) 1I WA I DATE: November 13, 2017 TO: Curt Boganey, City Mana6?5 FROM: Jesse Anderson, Deputy Director of Building and Community Standards 91- SUBJECT: Type IV 6-Month Provisional Rental License for 4216 Lakebreeze Ave 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 4216 Lakebreeze Ave. 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 1 building, 4-unit multifamily property. This property qualifies for a Type IV Rental License based on twenty four (6/unit) property code violations found during the initial rental license inspection. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 06-12-2017 The Owner, Daniel Tan, applied for an initial rental dwelling license for 4216 Lakebreeze Ave, a 1 building, 4 unit multifamily property. 07-12-2017 An initial rental license inspection was conducted. 24 property code violations were cited (6/unit), see attached rental criteria. 08-30-2017 A second inspection was conducted and passed. 09-19-2017 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. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust S[I1IJ[iJ I U V I ak"A LA I 3h3 (I) 1WI IJk' I 10-06-2017 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. 10-13-2017 A Mitigation Plan was submitted. 10-19-2017 The Mitigation Plan was finalized. 11-06-2017 A letter was sent to the owner notifying that the hearing before the Council will be held November 13, 2017. If approved, after six months, a new rental license is required. The license process will begin in approximately four months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust [III1Si(ii I I k'A LA I ak 0) UI ask'À I and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 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. Ifrlissioiz: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust IMSJ[IJ I fl I I M'4 U'A I A 0) UI WJk'A I Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust iES)JI[iJ I U aIYA LA I øIk'4 0) 1ItI IIJJhYAI 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 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 0-03 5 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust IEI1JJ[IJ I fl I Øk'A UYA I 3IhYJ (I) 1WI I1IJhA I Budget Issues: There are no budget issues to consider. Strategic Priorities: • Safe, Secure, Stable Community Attachment Mitigation Plan Mission: Ensuring on attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Prp'rtj 42isuxE H1-2L AVE EOXLY H C ENTER 1!1N 654 2!1 cNr1Er1 H Narr bPNILL P.N or EN MN 51T bYvn'ers P1Qr': Buz I 41 -u2'' •LTu( ErriBil: •bT'1Ik(oN.EEiIV1EFlIL Current t5un DL P1 Address; Ageni Phone: n1 Pending Epiraon Dat' tTIrI1 1ç izrrJ nzpiII BcI cjri erly cnth1iDc1s iflciM t'a pa-lice ntin inifli$ [h txi re1er&icz' properly qUpMp3S fr n TyVe IV-B Morn Rental Lit. n P1r to pp1ain apprwi0by Ih CiL Council 0 1uIt rnipI ed Mit3garmb Pn rnLtt be c ipocd ;3nd OPWOVO bY City staft i rtilon Ptri ri'r- h1pte1I d'tIy riier Ji1ime crnpI Kfl pp'c.in pi.s The Whn P1n thorJId Indieati ik 1p in IPent cirTecI IcintiIEid IIJc'rs End iho. Thai W11 be tkim ju enaure angatrig wMpliance WO City Ordinai and mrpI'cNe ondesi.AMrIIkiri P1ih Ikm6ThE cir (>y e1WIICerI1 and Ldei11RAI8 so1ijri Ip tIflç(O!.e oEraII cni ,ri Ih pct.? IrThE MitItion Plan irnL mitld au1 II Minn re ntg c npkitcl thin the pending IIcene punxL or ihe Obaye PIOPeag put yon,th Dn irtUri dale, erfDr'n1cr'i uth 1iLi ronnal cnIi r can s c rvIL ana1 FLAt Bfit ubrnLt1hi-, 1I-tDt11I A, B., and C IitucJ "n poges 2 1 3 p 4.8id WYN, lie iIiIil.m M41 F., R. 144Pape M 40"1vc&Lpi C 1M4Eff rju td.iid Irwr iThft!r t tn M4J2E1 I I UU]WING AND COMMUMTY STANDARDSIWCLtrcf2EEEEZEAVEsRcIcL'qcEr4iEaMr4 5b42.9 R ijpthf Uqmnst Wit i p tion P1,i W Lkrnc .r.t1un #rfm Fe H Thgr'gim Rrrf Fh;iJ [] ) Uso 0 Swiftri Fee areernL Tho I hii &qc4ueS the Crime Free IlDti Lei nrn A copy P the leale s g re emonl and CrIme Fr HDUIn L' Adden cE um rriut he ta'h t o Ofia Mti 1iri RAM W 1118H irrItud, 2} Ag ree to puric rniha1n or lee sa ag re e m e ni or McHcir4 rf f6rimitis kim ilbviWa te tn8 nh1 4;4 Oe Ie or any addo rodum u . Go ndoO ulmin a l bkrurd or all riw prc p1e tennt. If i i nw lmckg mwid checkI rr.t required, Mit covieE! do curn entadon t o CiIj if ruete. .) At1nd a City a pp ro-qW.iii-flour Crne F TooHoi r,inThy 11rnnitan for a pppyidd M ufse s ca n tfn 1 Ey'r1 Ji inpy ôfTha 'PrIme R11uU1h citIrIi.ute riivat be wh axUd to ,t he Miti gat i on Plan wur ubmiI1.th cri me Free Hung tr o ining was cinip1cod or cJu1 rr plBrrning to toinizig Ot dly 1: B( 5) 5ibmitMri1hIy UpfJa1 by the ! r d ay ofh h1fn1h. Pi.Be I [] 1) CorniJete rvfly flsnienl nd rrrI'm'iit yfint rues-1 by the rjiiMyn Certer PoIie Dtpjrtnini. Tc c1e'uIB InII or Mlciw-vp 3cw1y Aernen1 ('J] -3344. OiIW-14p TrirI must b Eed iare 6v himism e.p1r1oi date to wity he Eur1ty ihilarmte me ntstha'Ie bn ItipIeiiierrte. If a Scud' AEs e Ba menths bn 'cordpl uilon dole. COMPLETE PE VERA1IN SEW ciiriIy ALssess m Entw rnp OiVia scheci ale d rUr 11 Jrity ErflEifl F07 wup was onfis schod iAd fçr, Ccn1nuu se atlortsA 1 Phima W on p 2 - I; 2,J T 4 ^ rLw A W^vjki Fa v. 4-Y N. 01,11rcty IIt 1t1 Park.y.I I Trf:71 p Fc r BUILDI NG D COMMTJH[TYMO-AR DS 42113 LhK BR FIX Z€ EN= Yypa IV Liconse SIôi A—CiThw F, MLirg Priith R reiiii kied? P hase Ill f7 1}erir agentMI ati e nd tmbiniUfli i2} Of the ARM. rnee1IrB. The rRuttipp flEJ b otii,pietd wltii1n uh rnI I;i P. id brt1 pamcling Type IV 1.1cemv vpfrIit d aw ReiraiI1 Iss not r€quirad, mwryu rnu iriIn OkA ng The n1En. Vr twt ni1in dE n profer or 2ge nl. plan ii 0T1er Eqr1 iII !thARM m ee tings dd on: 2!1 '11 q 2] -Iave, iw rLptOd? pruI cUnfld iMLh atVer. I ADJUSTED TO EFFECTIVE PATE OF OWNER S HIP (J UN 2017) PER ONVERMION hitIJIlg a Cd O nS.BTUU.fr$ r mors, unit 1iC4ndu ci rheflt1rRIflIr9 anrej a ltj that MoSes, Cftr* pr nbin t.d1nIqueL j 2) Cethit r eg ular ridei nw1in9. Pa.-Ad 7,15 Wo N Raab I U^ Lvtf-a W01 MG11 Mil, Rw.4-14 1 rc ól1 C tLdLL Tm1JIL7 e4 ti LTIZ I 1'(:t1L FRIURLD1 AND COMWN1TT .% 1LAXE EEE I I(LfN COMA PAN 55 42.9 Rmt L1crie JiIt1Oi PE.aiCENTERTyOEP V 4klH Ltt Temp Based on cor:AiUon riti so. eAmetO. fflpICIrrh1 dales need to te provI'ed for ownrnon cç4t! iIfli$ FJFInahcIJI Lic 4tied rh4y. iLEn1.ihE' brc Wrffl, therwie In vItion prIoih $1iin1 iTepleoemerd dat r imc d Li be FiL Al itflis rntt have cate for ni1Ok. isiir "don't o1n" will not be If you are umure orwiiri zin 40r W11 re1 to ro e replaced.. you mpkc 1 pfed iction toed on th agc, bppeesranoe,onduom or nirfir1uby r&csrirenthtkri AiIicin& n(orrn1icfi on Eced iJiA life can e found at ivmw.hUd)SO%e. Dame Luist :Rp1ac1 CondlUoW Epvcti4 Rp mhL ip Wer Ir May 2IW F may 2U29 Waf& Hdolcr itcb'n Appliamees NA La u rA ry Ap 0 ;3 n ,16 el Srmkz A1TTTI.S :Qiabam Mono xide AJarxn s J1I2 1i'112fl2fl Piidir Rik NA F 1hrU2 Roof IMAM Fenw Garage b1t'a 1r Sidimulks NA KA twN td-G F2ir:F Fbgv - - r 4L4- Cjty of Tck7U. utiiiia CcrLmwwjr PpPn 5 301 !3h isile C .'ri C2I? [4 liW: i1 Il : @ct1n tp to pMgrrrnd crFropr1yMR Th&i1er&n thIasc1in hwi ri prn ki J Wa ge_ The jogo-Mng actlomr,rcquiF± 1i .Chi' w1h tenants B'/ \'iTD UNIT 4 riE b' prrI po ss ible cID ioIn OF 3 Evirt 1rn lib lC1IIufl Df t1' 1hy Iuriig. CONTRO LL F D SSUB S TANCESS 4)Rn rcLirrefllon Efl qJ!Jty 1 1xe siiieflt$ foies, penalthigs, and iithr tirta rr.lat vl a irrieppyrtie MLS UE' ti:i Me !i!, 5)011isr !MT! ,0 ! The fIIwiotia. re opI ui by the I1y, 1) Proid s'rICa ALL SE RVICES PoVIDEb PER STDOPERATION PRQFRTY MGMI. PFACTCE j 2) Pgar ba ge urr j ) IntII Jfrn 4] Pro vide ri.at1o-- se r4 c pIai ftAT BnW i'F rite IUuiL 1 if thle rye bV-1 Pi-lor4h RENtfil Lice nse is Rrvrd by the CitjCJndI, ft lic e nscm muz.1 Ca rfl* vith ppi MiUan PIa i'll ppDbI& Cde Aw4tvn rpu4nu b L. 5 tibmiNd by the 1 day c ih month with au t iitis b&n ten by the wp nd!r ant gam p ly with this Miiii Platt ccy d the Mori1lp Upd 'n b round on 7 P, rI iis18 kmi can b Fuurd an the City ti wv or cii ?) (?O tG%'e an e5a mc ni c.c?pY t10 you As; ETr2iL Pi mth 2,dd11JiD n d Informaticm, I f noi;vs!s w-Y- 11Vir 1L' in C ntuBUai aiii iuiib1 ii1I1J D4XiL'fl1 w-ir TTY; 7^ t i FA 17Ei5D IG ANDOOMMUNITY STANDARDS -CENTERRC N 1J4H RnI Iy' ind I1y that s-11 informMion is irue arFd aurb. I e,Lf I wintenipI 1!11 IJ p-vd MiIitin Man, ixnjI with ;iLhiri Lhe IIeii ierd, ape-rate beyond th Hene expiraflon cJL, e?,Y)r-preement vubons such fofmal evtpwdin, rIlcerr 'iEw rnr result. DANIEL TNH cttirMmiiI1arn ,ETj - - &Eur NO H k* Fq'_LU Ah1iWin& c w,qc r % a riiAii1J p bi j/i ih S.- O com m U I AY rds.0 rpm7wi fla! I Tght Rd W. 4'-f(4 11Ud1ff apd c)0i k PJ ftly, 8W..W431219 I PF!:G-O TTY:711 I Fix I7E-3i' Cfuity C©uJiLIftdli Agirlldi 1Itm N0 ]1© #6 [I1I)SJ[IJ I fl I I ak'4 U I MA (I) t1I I1II'A I DATE: November 13, 2017 TO: Curt Boganey, City Mana FROM: Jesse Anderson, Deputy Director of Building and Community Standards f, 1`1---SUBJECT: Type IV 6-Month Provisional Rental License for 3401-13 47 " Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan, Resolution and issuance of a Type IV 6-Month Provisional Rental License for 3401-13 47th Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recoimnended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a 1 building, 22-unit multifamily property. The previous license was a Type IV Rental License issued on February 13, 2017, on condition of adherence to the Mitigation Plan and City Ordinances. The property qualifies for a Type IV Rental License based on seventy one (3.23/unit) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. Futher, 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. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust [EI1SJ(iJ I I V ak4 LA I ak"A (I]I FUI IISJhYÀ I Current rental license approval activities: 03-17-2017 The owner, Donald Widell, applied for renewal of the rental dwelling license for 340147 1h Ave N, a I building, 22 unit multifamily property. 05-03-2017 An initial rental license inspection was conducted. Seventy one (3.23/unit) property code violations were cited, see attached rental criteria. 05-31-2017 The previous Type IV Rental License expired. 07-07-2017 A second inspection was conducted and failed. A reinspection fee of $450.00 was charged to the property. 08-14-2017 A third inspection was conducted and corrections complete; however, a plumbing permit remained open for the dishwasher and inspection will not pass until permit is closed. 08-16-2017 A $300 Administrative Citation was issued for renting without a license. 08-18-2017 The $450.00 reinspection fees were paid. 08-31-2017 The plumbing permit was closed and the rental license passed. 09-06-2017 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 09-28-2017 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. 10-02-2017 A Mitigation Plan was submitted. 10-09-2017 The Mitigation Plan was finalized. 11-06-2017 A letter was sent to the owner notifying that the hearing before the Council will be held November 13, 2017. Prior Type IV Rental License approval activities: 08-31-2016 The owner, Eswin Yoni Berrios/Royal Property Management, applied for renewal of the rental dwelling license for 3401-13 47th Ave N, a 1 building, 22-unit multifamily property. 10-04-2016 An initial rental license inspection was conducted. Sixty-seven property code violations were cited, see attached rental criteria. 11-14-2016 A second inspection was conducted and failed. A $100 reinspection fee was charged to the property. 11-30-2016 The previous Type IV Rental License expired. 12-13-2016 The $100 reinspection fee was paid and license passed. 01-05-2017 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 01-05-2017 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 01-24-2017 A Mitigation Plan was submitted. 01-29-2017 The Mitigation Plan was finalized. 02-03-2017 A letter was sent to the owner notifying that the hearing before the Council will be held February 13, 2017. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [EI1II(iJ I N N Dk'A I $ M 0) 11 I1SI1 Prior Type IV Rental License approval activities: 03-16-2016 The Owner, Eswin Yoni Berrios/Royal Property Management, applied for renewal of the rental dwelling license for 3401-3413 47 " Ave N, a single family dwelling. 04-07-2016 An initial rental license inspection was conducted. Seventy three (3.32/unit) property code violations were cited, see attached rental criteria. 05-26-2016 A second rental inspection was conducted and failed. A $450 reinspection fee was charged to the property. 05-31-2016 The previous rental license expired. 06-09-2016 A third inspection was conducted and failed. A $250 reinspection fee was charged to the property. 06-23-2016 A fourth inspection was conducted and failed; two corrections were not completed. 07-06-2016 The $700 reinspection fee was paid and inspection passed. 07-20-2016 City records indicate 1 validated police nuisance incidents occurred in the past twelve months. Incidents were 08-25-2015, disturbing peace 07-20-2016 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 08-12-2016 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 08-29-2016 A Mitigation Plan was submitted. 09-16-2016 The Mitigation Plan was finalized. 09-19-2016 A letter was sent to the owner notifying that the hearing before the Council will be held September 26, 2016. If approved, after six months, a new rental license is required. The license process will begin in three months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 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. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust [EI1IJ[SI I N I N Dk'A L'A I 1k'A (I) 1I 1Bk'A I 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people andpreserves the public trust [EI]iIIJ I N N M4 U I M'4 0] UI WAAJ Rental License Category Criteria Policy Adopted by City Council 03-0840 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust EI1SJ[SJ I fl U I M LA I a (SI] 1I 1IJ'A I Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type l-3Year 1-2 units 0-1 3+ units 0-0.75 Type 11-2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [i1Oh(I I N I I IhY4 U'A I th'A [I) 1II WJ!A1 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 3401-13 Ave N Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 3401-13 47th AVE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 3401-13 47th Ave N, was issued a Type IV Rental License on February 13, 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 3401-17 47 th 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 3401-13 47" Ave N, Brooklyn Center, MN. November 13, 2017 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. - B1]LDINc AND COMMMJrr STANDARDS CTLIf ftit-A Lkh Mit1g;Nt1dfl PiCEN1tR Ty W Leena Hnrn 1JtJ FfI I ipr A wrn o'in .io feund cn Oc 'iy' websile at Of CW11 (763) 5 69-3 3 30 ri eiIoito DU via einiI. Ptop' 401-41. 471h a Nr!1o() ilu iF Etii uc Loa m(: Jh Umrp Giier' Athfrees 442 rcIrt4t ''i S Anr Mre 4542 N1r1 4Yi rr'e !Phone; t1'49-E21 Agenrs Phoi rk:'jfl t2Q9-65OI Orere fniII:Agir2 EralI: Fhurtnrrtcccn Currrit EXpirtic!i ;D: I4 .Perdiri Eiiritici Dth 80$94 01 property wndWons aidi'or 'Ikitc1 POM I1LiIane inidentL abce referenced rciperIy qualifie.s for a Typo JV-6 Mrnth RantI LkrrE. Prior lo BppIivalir1 approval by the City urrIi m fully cpId MtiUon tari must te ornptd and appromd iy C1y slali. A MILiof P1ñ must ornpl1' riIy i' lo enire timely conipletim of the Itense appiciri peoettit. The Mtg atlon FTari ehiiId inic.bc 9w!ftpo Wq Lkn tO tArfect1dentified 11ic'}16 and tho rnoasures ihM ihill be taken to emsum orqin9 cc-friplianca With CUr Oririrc ant pliwt-le mdes. A Mori Flan U-i rd the City to ww OMCerM EMd Idei1ify posbIe riolutions lo irripr'v oeiU canoitions of the property. if the Mition P1n i miL *j;bmitj W,.an.d p6l.ems are W cir19p1etd vi-ithin tho pndin lit=56 prid, or lhe aboye PTOPMY tea beywrl the 1keno expiraVon dixie, anTomp-nient achann euch as. citation, formal cwV4'orTn2rW or license ri'iiw mity riIt Were pi1In riIout sections A, B arid 0 Iocand on pagas L 3 4 ric . - -- N Li 4i4 çJ.xUñ1ii.U. G :&iiL VUnIT t23i Eti Ftiii '2 I TVf:71 1 HUHMIG AND COMMUNITY STANDARDS H hi1 Lkdhsb MIU[tlov P&I1 II __ 1JitIoI1 A— The lease a!rrfl4Tht EhU inccid the Crime Free V-Iou!tifig Lease MdEnthwr'- / op" of tho Wimse , agirvem.-vin in Crfrne Prou Hing Lama Adde ndmm mwst hic OWOW tti ihe MU9 00 H Pai w3ii submitted , Li pursue me 1niIna1In lerve eviction of wnanu vdiojob-te tile te rmaf th e I ea. sc. orr rdUifl. } CoridurJcriminol brur cThc1 Tor Eartew prosnpeeiive tenants. ir ft Is a 'urror tet2dit a new loackgrwnd thk is rt rmircd, P1u1 be zfitle to to ' if rq*d 4} Aftrd . Qiipappraved eiht-h'ur Cime Free Hc'ijin b-airn cur. Fufmiliom fr approved c.n Fuitd icier the F rW9g EvePstab. A copy fttCriin Pfta Houttag cenlitcate ,rnuat be attached torme Mitigatlon[arm PISh when subroleted.- alme Free Housing triniij Ar, SO.ckIc1 ¶ t!VflEsT or agerit Edendoft pIEnfl!rIg l i1hd 1n1iriir i1 eily elf, Submit Minh, Ic Updalc by the 1 D' day jar each vnLh. Phase III 1) ç inip1ormr1 imprgicrnn4 it1 try t1i Brooklyn 'center Plki DupiliftinL Ta 1tthff Arnn!, 011 (763) E-31L A follow-up assassment rnut be complaUd herate the gImse epIrIo dtci 10 verify ti tJtiIy menta have been 1thierile if a8eruntyAssessmierd hE1 bfl pIIi. wile Lie criip1iri th1' Sour nflt was ompeted on15 wienled for Suri .JiUU]aV-up was GomI{UtId ori t'thIcd ku; Cafflui1uR Sections A, Phu*o Ill on OUT w rc117 nELr—BLL111iiV and T1TTVnI1t7 ' "' niii ikit F1au 1701 TTY: ?11 BtJILDDGAWD COM T.ITY STAN DARDS .2 " ^^ J- "" P, ^: F' ": ; i4 RnLThiENTER e IV L1c,&M8 M T-C I Tvp Sez Uans A—Cidme FjviTffL39r4;fft_q Fiôrari Requ Ira mens (cow ,n4) Phase VIii LiLl 1) Qiir.ir agent wIU att'rrd at miraTw-m 6oA 2)u[lJ&1.M. meetings. Tii ARM meuim rw bo ect hi p l et e4 within th43 MWi1n pcfl4 m ad Ei dfoft the pt "Ing Typa W Li c ense p&ain d1e. Reg istration Is not rcj1irE'J, hawvcT yii rruA igrtin dun th neEir Wril L Iit dts fl 'i E11t Pafl t a ttend or ag entiII aUEd ARMS mWit4-% tc hed uled un: and_______ 7J 2 H - nu rt cd ioiiini r-mvi t-0 1 Y OdM am ed moh the p3si Ve ET- Thu f giluMng ac tionE a re mquir -od We p ropa wits with faqjr (4) -Dr more umls Ciidnt tra lpIng B nnu a II71h inp:Ivriet ctirne pre ve ntion techrJqIE.. CorJut Iftu; CjLy 13f TIL e-j itlay—ByLUMIr zizn CipwrqnmtLhy Zth1d 33eparbMe Mt IT1JI II Priy. Hr IJSE1I I T1 7i1 I F MwMrul - DUflflqAP CMS 3443 47th I'r N RemtI LIcewmrrin Type III Uconsv Std idVISfl--LfJJ Teim 1ti np '#imr.ir F)n Ba se d on cidlii1 in aiicritd reIErrnn1 data neI 10 ba provide d far mmmon T1itI tiorns . HC ms 1h1 rtipJI wrn or otberwze i lcaLin pilor to the ert'd rdwrnt d.flft ri La be itd riL All lin WOO ha date for &!qd fri, D1a isi a iir", düra't r w1wha m bro ke n" wIlt Ii you Ei!C ururo otiri o r. 'rwli rad to be mp l aced, VD,.j cri mak pr&icn bsricJ an ft r, ari:', ridiiifl, ii ii2nurai1ure.9nduIry 1d1ii AiiiitanEThInVamlF1k?n on r.Lc1 Unl ti1i in br fluriJ §Lm Di Ltp ChdiLk'n R1M Date EarØ Wal-pr Himf or My 2!Gl F hW 2020 Furrica M2flU F,i2011 ry2o2O Ki1hen ApIr€N ay Ma I Uwndr May 201 0 PAY =1 Ala it Cbon 11 ?-inrv-Lrmbcr201 Piridifi Frc RA r. Grae Dfke^vay i) 5ldEaIk ro OU1E:________ CIII1 p VRi'LIi ^iAw. 44446 nili L'J1 -ii.t k rWriGcn}f Trl:71i f Frj1J.!! RUEMING AND COMMUNITY STANDARDS ARCi.r.y 4t114W. &Ih Au H RJrTt EJc?r1 MiIgCIi PlanMEN TER Type IV Ucems,B Iitprve tgrrit a r3d C Dn dft; Dns af Tire il1erI In thissaclim h'r bn(*Wto ia1 Mt?i property mamagerflent and ,,property 1wige. -rho oIowing mr;tIons Biro ,qrd; 1 Chin '.ithi tenants em!ry 10-days. 2) Drs''i prptiti frj( cr)devibbUam ) Eiiir4 in vitftlim 'F the Ie or ardy Eddendurns. 4) Rniiri j tLI li ulftyfsa, taxes, sissessmords, fims, pth and oihr flnancI ci p'iii dm 10 the- City- 6.)Othn The following -pit-flairtareoptional urfleas inqulrod by the Ciy. 1) P1d Irrw 'ice } D ) IaIJr1ty5ysrern. DI Al Pjlde mainLnce *GmAce Plan For apIln. inie a 1 s mvb pe ny: L &j It Type I'M) Mr RntI License prDad by the City Ojnll. tho Iin rrwA cc'rip}g with pp Ivt .Mifltn Plan a nd, a ll apiftabip, C4y Cqdrn. A Waftion trepml rLit b ubtiittd byt day fth rrtith with n updateof MdGns. bin takøn by tho ow mm nr ipgwit U eardPlYwfth We lItIon Fai A mpy of Ift Miith!y flt h Tiurid an pace?. Alillatikiform can bTid e DI/swebsite atv ,w.cofbr Jicriienr or (71) 53O to copy ntoJ Nia Measo attach I ii.ftinn if 0.0 PA 414f u1thi ,aiid. DnUT*Unt7 1piLi n EPEtcN I 7 111 Myc ______ ffPING Mal COMMUNITY TAAR KfYN 34i j412. ?i I Si g n, and V&]Fy I 'E-iify oat alliicr iquvld'd Is -urn, 1 I111 if I dci ruil efvtp1y iithUie kNpipmved MIIDfl PI% cirnp' with !I itrm viIhi Ift r operate beyo nd the lice n s e aion d &I o, u rJrflflE 3r1Iis rti dt rvrijI crnplhi rIinci ritW fñy rft 1l Li-i Owrwr ri 4iItIm T;UA r : Josh Umberg ",ffryw rr A p nFNarn fli 15A i , Fi J Josh Lrnberg M,Sif rc rniIuJ i::n !IvIIr. Pi'ii Ii (111 T11 i1flI C_,__ .._!1' 3&14I Il I I1 I Ln1w%Iy Sri nrn L.. e- A a IL 0/,^h -7 DMa / I nI.I .Iti.t!I i:i ?I2 jii TrY: rii 0 Fa1:cJLi Clity C©dit Aniidi ]Itm N0 #7 I[S1BJIJ I V M'A UYA I k4 0] 1II 1IJhYA I DATE: November 13, 2017 TO: Curt Boganey, City Mana FROM: Jesse Anderson, Deputy Director of Building and Community Standards Y01-A SUBJECT: Type IV 6-Month Provisional Rental License for 1425 55th Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan, Resolution and issuance of a Type IV 6-Month Provisional Rental License for 1425 55 t Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan, If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a 1 building, 4-unit multifamily property. The previous license was a Type IV Rental License issued on July 24, 2017, on condition of adherence to the Mitigation Plan and City Ordinances. The property would qualify for a Type II Rental License based on four (1/unit) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. However, the owner failed to comply with the Mitigation Plan and applicable Ordinances, specifically failed to attend Owners/Managers Association Meetings. According to City Ordinances, if the requirements of the license category and the Mitigation Plan are not met, the license renewal category remains a Type IV. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the continued Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. The following is a brief history of the license process actions. j14jssjo,,: Ensuring an attractive, clean, safe, inclusive COifliflullity that enhances the quality of life for al/people and preserves the public trust IS[S1BJII1 I fl I V M4 U'A I M'A (I) 1.II I1IA'A I Current rental license approval activities: 07-06-2017 The owner, Trung Duong, applied for renewal of the rental dwelling license for 1425 55th Ave N, a 1 building, 4-unit multifamily property 08-01-2017 An initial rental license inspection was conducted. Four property code violations (I /unit) were cited, see attached rental criteria. 09-01-2017 A second inspection was conducted and passed. 09-15-2017 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 09-15-2017 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. 09-30-2017 The previous Type IV Rental License expired. 10-06-2017 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. 10-12-2017 A Mitigation Plan was submitted. 10-18-2017 The Mitigation Plan was finalized. 11-06-2017 A letter was sent to the owner notifying that the hearing before the Council will be held November 13, 2017. Prior Type IV Rental License approval activities: 01-20-2017 The owner, Trung Duong, applied for renewal of the rental dwelling license for 142555 th Ave N, a 1 building, 4-unit multifamily property. 01-26-2017 A $300 Administrative Citation was issued for operating without a license. 02-16-2017 An initial rental license inspection was conducted. Six (1.5/unit) property code violations were cited, see attached rental criteria. 02-27-2017 A second inspection was conducted and passed. 03-21-2017 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 03-21-2017 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. 03-31-2017 The previous Type IV Rental License expired. 04-13-2017 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. 06-30-2017 A Mitigation Plan was submitted. 07-06-2017 The Mitigation Plan was finalized. 07-17-2017 A letter was sent to the owner notifying that the hearing before the Council will be held July 24, 2017. ]''Iissioiz: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust [EI1IJEIJ I fl I I aWA LA I k'A (I) 1WI WJYA I Prior Type IV Rental License approval activities: 08-15-2016 The owner, Trung Duong, applied for renewal of the rental dwelling license for 1425 55 th Ave N, a 1 building, 4-unit multifamily property. 09-08-2016 An initial rental license inspection was conducted. Three (.75/unit) property code violations were cited, see attached rental criteria. 09-19-2016 A second inspection was conducted and passed. 09-30-2016 The previous Type IV Rental License expired. 10-05-2016 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 10-05-2016 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and 111 of Crime Free Housing Program, etc. 10-13-2016 A $125 Administrative Citation was issued for not meeting mitigation plan requirements. 10-21-2016 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 01-24-2017 A Mitigation Plan was submitted. 01-26-2017 A $300 Administrative Citation was issued for renting without a license. 02-01-2017 The Mitigation Plan was finalized. 02-03-2017 A letter was sent to the owner notifying that the hearing before the Council will be held February 13, 2017. Prior Type IV Rental License approval activities: 02-05-2016 The owner, Trung Duong, applied for renewal of the rental dwelling license for 1425 55th Ave N, a multifamily property. 02-12-2016 A $300 Administrative Citation was issued for renting without a license. 02-26-2016 An initial rental license inspection was conducted. Five (1.25/unit) property code violations were cited, see attached rental criteria. 03-10-2016 A second inspection was conducted and passed. 03-31-2016 The previous Type IV Rental License expired. 06-07-2016 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 06-07-2016 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 06-27-2016 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 07-18-2016 A Mitigation Plan was submitted. 07-22-2016 The Mitigation Plan was finalized. Mission: Ensuring an attractive, clean, safe, inclusive conununity that enhances the quality of life for all people and preserves the public trust [1i1i1[iJ I U Mk74 U'A I Dlk"A (I) t11I 1thYA I 07-29-2016 A letter was sent to the owner notifying that the hearing before the Council will be held August 08, 2016. Previous Type IV Rental License approval activities: 06-29-2015 The Owner, Trung Duong, applied for renewal of the rental dwelling license for 142555 1h Ave N, a 1 building, 4-unit multifamily property. 08-12-2015 An initial rental license inspection was conducted. 13 property code violations were cited, see attached rental criteria. 09-21-2015 A second rental inspection was conducted and failed. A $100 reinspection fee was charged to the property. 09-30-2015 The previous rental license expired. 10-05-2015 A third inspection was not conducted no access at time of inspection. A $100 reinspection fee was charged to the property. 10-19-2015 A fourth inspection was conducted and corrections were complete. $200 reinspection fees remain due. 11-06-2015 $200 reinspection fees were paid and license passed. 12-09-2015 City records indicate one (0.25/unit) validated police nuisance incidents occurred in the past twelve months. Incidents were 04-22-2015, disturbing peace. 12-09-2015 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 01-06-2016 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 02-04-2016 A Mitigation Plan was submitted. 02-09-2016 The Mitigation Plan was finalized. 02-12-2016 A $300 Administrative Citation was issued for renting without a license. 02-12-2016 A letter was sent to the owner notifying that the hearing before the Council will be held February 22, 2016. If approved, after six months, a new rental license is required. The license process will begin in three months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [I1I1IJ[SJ I fl U 1k'A S'A I Mk'A [I] 1I 1IJ I 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. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of ilfe for al/people and preserves (lie pubik trust [S1S1SJ[iJ IU UN UUakVA 0) t1I I1IJYAl Rental License Category Criteria Policy rnrrLT I tiiii:&i 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust [i[I1SJ[J I fl I N MA L'A I MA (I)t1I ilBJh'A 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 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 0-0.3 5 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than I 5 or more units Greater than 0.50 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust iEI1lJ(SJ I fl U I DI'A LA I h' (I) UI WJ1 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 1425 55 AveAve N Ill'issloit: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 1425 55TH AVENUE NORTH WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 1425 55th Ave N, was issued a Type IV Rental License on 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 1425 55th Ave N, Brooklyn Center failed to attend Owners/Managers Association Meetings. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE IV Rental License is hereby approved for the property at 1425 55th Ave N, Brooklyn Center, MN. November 13, 2017 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Oct 12 BUHM-ING AND COMMUNITY STANDARDS :r]B) ROYK* i01 idwiieii IiJtw p ijj A iLii IcInil BPI be bund on t h e caIi (Th) Ee3.O It h Aft an &rc'nI CflI !44 clriJi, Add IQU Afiv N, P{rre4 Truw wnrAt: 1( I i4kb FM CGN1 Rth,MM o'mr. FThG 412J ?]I QrE11JI I duon ah co. cern 9/30/2017 KM ,nctJ innb Afu Mdr JendinEhaFi Date 3/31/2018 KIVI Based an prearI'C H CRUME, -Si nvoridnd pcThD nuis anca inckiaW lhaa bam raf'rnred property quittas. Pr P fQ.B Aimth RrI LIuae. 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FEriIng ah'uId Ii ac rIia' Im IJi1 uru bi(efl 1 WfT nr thrMw In Walallcx,i prior 1 UFF3 esilmale drrnF d rnJ bd he pr*I1 awnim, All Il a rim mmi . hwa .Ei dLs1r JiF Jjir., th irnh i 11UMLW u4 n tw ir rkn!' wll1 bg nvapfud. if )w a fe, mure c.fwhcin uirpwiiird LO be feplaced i MY c—an nik ' praffdUrd b888d O n,ciJkifl 1 ctrr1nrncrTh!du1r/ Ad d ikii6l friformotm Prt pthd U1A Va iari t'un1 ftin D ate L ji1d Uhaiwill ex p oc u'd uitDfi x1JJIa.' WOW tr M2ITh0 : P%y 20 Furii' VIFr ier UrPM1 IcJtchii hpl ^msas LunthyPppI!nc ama $rkE Mmr Airm EIkr Itnrn FfL1JTh1Ingi MY WED ROO 2rM33 MY Mae Fn çr 43 Mzy 2EL1I hkN FWpImmmI mR r -----------====---- - .- Cffl -IWn I Cc.rnrnAlfl7 4pnzL7n1 I THIN 1 I FL-1! BUD,DING AND COMMUNITY TANARDS Ramial ue Mt1!j1n PtnCTR I ucifn pi f 0 r'v ngiwJnrf JffO1tP'ft? Thu limn In Ub. 8etfm hwa tIYH pmmn in mvilst.-dih peoperty mismamant Brrl ptprIy !rr lb T1 ruquirud: I7 YJ ) CNec-In wh rj ) E t ton iiunls In vialall ith ar UA W 88 or &i II?1 4 rnIn iikth iI Lelity fij 1 WKgs, assewarmnlB.&, panane, and ithHr iruie1I cIRInyTrnrJt du $3 this CR/ L 5) 1iur Th G, fciItaving a cBari pF1 t4 rIqJIrcLd ybU Ci U 1) 1d El 21 7i74 rb2 IIj )El 4) ieMdeanairivartango Pa mke iIñ for aupi1RflCeL Nrnti )Clhec if Uha 1pe W-b- Month Remal Umetive 4 appriwadby 1hp CiLy Curt Eii COMPly Pi tird UIIpFftbl Qir c!dus, submlitqd by kh u 1 1in 1-t1cnri bythu aiiur mdi'ar MVIA 10 C OMA,%%;Ifh -1115 MftII1h PlT1 PJ i1hc McinIhJ LIpdL rt be IInd ci page 7, A flhtu Etin i ,i] bTounn Lrn -O lo KBRqq, EI1ckc.hthc Lo U vI uwnJL twh ddLn1 FT RVI 4M flj qILLUn A MOUMUaft PA94ardg r3npxAm-4 I Triu I F7'2LWM pUnmjWUA Nn CMMUNITY STANDARD S I.l r CENTER j T^Fps IV Ll@ense Vaif I ve efg IhLII &iiorii1hn pN-vkiad k b nd accu[';j Iv-II u-JriJ M a lU 1 60 tic rnp1 ftii th pcc MiIUon rrçi vñlh i11 irn hiriIi Iite prkJ, r oerIe ten the Nxt rise ffxp lraUo,-i date, eruk-irru m g nt aclicum Lxfth (iI1kiP!., rormi a l ,nM pts ints , or Fnae rrMw nivj riiIL Mjiil CwW 4mJ Aim in1 7Li W' - cum - iFtii B1fr11Ld 1T1L indr i1i1 f(XI rji - ,çriJe- F1&:(J I Trr7i - I F.-!i Oty C©uiimdli Agenda I{thm N©0 1M,% [i1i]JJ[SI I fl N N akA I'A I kA 0) UI PIIA I DATE: November 13, 2017 TO: Curt Boganey, City Manage FROM: Jesse Anderson, Deputy Director of Building and Community Standards (L SUBJECT: Type IV 6-Month Provisional Rental License for 2113 55th Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan, Resolution and issuance of a Type IV 6-Month Provisional Rental License for 2113 55t11 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 fifteen (15) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. Therefore, according to City Ordinance, based on the number of property code violations, the license category remains a Type IV. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental License to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. The following is a brief history of the license process actions. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust Iii1IJLIJ I fl V N MT4 Ih'A I DIhY'A LI) 7I I1IJh'A I Current rental license approval activities: 03-08-2017 The Owner, 11-13 Property Minnesota, L.P., applied for renewal of the rental dwelling license for 2113 55th Ave N, a single family dwelling. 03-31-2017 An initial rental license inspection was conducted and failed. 15 property code violations were cited, see attached rental criteria. 05-03-2017 A second rental inspection was conducted and failed. A $100 reinspection fee was charged to the property. 05-17-2017 A third rental inspection was conducted and failed. A $100 reinspection fee was charged to the property. 05-26-2017 The $100 reinspection fees were paid. 05-31-2017 The previous rental license expired. 06-02-2017 A fourth rental inspection was not conducted; no access was provided at time of inspection. A $100 reinspection fee was not charged to the property due to clerical error. Inspection was not removed from schedule as owner called to reschedule. 07-14-2017 A sixth rental inspection was conducted and corrections complete. However, the reinspection fees still remain. 07-28-2017 The $100 reinspection fees were paid and the rental license passed. 08-09-2017 City records indicate 0 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. 09-28-2017 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. 10-06-2017 A Mitigation Plan was submitted. 10-18-2017 The Mitigation Plan was finalized. 11-06-2017 A $300 Administrative citation was issued for operating without a rental license. 11-06-2017 A letter was sent to the owner notifying that the hearing before the Council will be held November 13, 2017. Prior Type IV Rental License approval activities: 09-09-2016 The owner, 1H3 Property Minnesota, L.P., applied for renewal of the rental dwelling license for 2113 55th Ave N, a single family dwelling. 09-29-2016 An initial rental license inspection was conducted. Eleven property code violations were cited, see attached rental criteria. 10-20-2016 A second inspection was conducted and failed. A $100 reinspection fee was charged to the property. 11-03-2016 A third inspection was conducted and corrections complete. The $100 reinspection fee remains. 11-21-2016 The $100 reinspection fee was paid and rental license passed. 11-30-2016 The previous Type IV Rental License expired. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust [I[S1ik[SJ I fl I aIYA LA I 3k (1) 1IhI WJ'À I 12-06-2016 City records indicate validated police nuisance incidents occurred in the past twelve months. 12-06-2016 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 12-07-2016 A Mitigation Plan was submitted. 12-07-2016 A $125 Administrative Citation was issued for not meeting mitigation plan requirements. 12-15-2016 The Mitigation Plan was finalized. 02-03-2017 A letter was sent to the owner notifying that the hearing before the Council will be held February 13, 2017. Prior Type IV Rental License approval activities: 02-16-2016 The Owner, 11-13 Property Minnesota LP, applied for renewal of the rental dwelling license for 2113 55th Ave N a single family dwelling. 03-10-2016 An initial rental license inspection was conducted. 12 property code violations were cited, see attached rental criteria. 04-18-2016 A second rental inspection was not conducted; no access at time of inspection. A $100 reinspection fee was charged to the property. 05-02-2016 The $100 reinspection fee was paid. 05-02-2016 A third inspection was not conducted; no access at time of inspection. A $100 reinspection fee was charged to the property. 05-16-2016 The $100 reinspection fee was paid. 05-17-2016 A fourth inspection was not conducted; no access at time of inspection. A $100 reinspection fee was charged to the property. 05-31-2016 The previous rental license expired. 06-02-2016 A fifth inspection was conducted and failed. A $100 reinspection fee was charged to the property. 06-06-2016 The $100 reinspection fee was paid. 06-16-2016 The $100 reinspection fee was paid and license passed. 06-22-2016 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 06-22-2016 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 07-11-2016 A Mitigation Plan was submitted. 07-29-2016 A letter was sent to the owner notifying that the hearing before the Council will be held August 08, 2016. 08-01-2016 The Mitigation Plan was finalized. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for Mission: Ensuring an attractive, clew,, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust IES1H(iJ I fly I ak"4 U I MTA (I] UI 111J13I 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-S 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, safe, inclusive community that enhances the quality of life for al/people and presen'es the public trust [ili1IJ[SJ fl I N Mk'A UYA I k"4 (I) 1I WJ 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 attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [SII1IJEIJ I NI N M'A U'A I DI'A (I) 1'WI I1IJhYA I Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I -3 Year 1-2 units 0-1 3+ units 0-0.75 Type II —2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.3 5 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Mission: Ensuring an attractive, clean, safe, inclusive COfllfnunitJ' that enhances the quality of life for al/people and preserves the public trust [I1S]SJ[SJI I I OhYA 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 2113 55th Ave N Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 2113 55TH AVEN WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 2113 55th 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 (15) and validated police nuisance incidents (zero); and WHEREAS, City Ordinance Section 12-901.2 requires a property owner who receives a Type IV Rental License to complete Phase I, II and III of the Crime Free Housing Program; and WHEREAS, City Ordinance Section 12-914.3.c establishes the requirement for Phase II of the Crime Free Housing Program including attendance at a minimum of 50 percent of Owners/Managers Association Meetings and complete security improvements; and City Ordinance Section 12-913 requires submittal of monthly updates. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE IV Rental License is hereby approved for the property at 2113 55th Ave N, Brooklyn Center, MN. November 13, 2017 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. BUIWING AND COMMUNITY STANDARD Rit.a 1.1 c ensaMiti ga tium PPJ1 CENTER Tp4V LnBe MIrir apr i n iai be fo und on the 'i wobitx uy W f7EJ to have n ekLroiiic cc' to yo u vla enaL Prc'jiiirtv M'r 211 i 4Jc'ier6 Nn): IH1 Prnp1y Jiiri li•i LL. Di€rs Addrr.; i2u3 1u1FI1k'd Er?'-i I1J' h,iiJi:,Ii HrfhI, MN W 2j G'M1-ers PI-tbrie: 952}53-1!1 IIr Eriil Current E.Ira1in Dat 5/31/2017 KM LccI AriI) MiTh Fr4 AiIre: AnL Phthle: 4 0L2l 31 2r1E. Eriiail; mii 1].Clm P",di gg 11/30/2017KM SeEed n prcr1r itcmdillons BrId"or pt1ie flLir3BflC lnI2flt., t1G abom rc lor cn ce d ptb T !V. M onth RntaI LIcr pçov1 Li the Cit y CuniI j3 Fully compleled fl'ti9atic'n PJn Mutt ke co mpl eted and niprwd by CLy tian Pin niuRt b pIt edisEIy iii Ic' VniI ipe4irn iI'1h oeno ppIairi prc'&, TI' Wigadon PJan thuI thestep* b v ing takon to cgrtt d Thfd y i tf;^ U o ns a rd tie rneaur [hlitI b eta kn tn. rur grirJ iIIaii and BpJ1;cb OeR. A Mrt1atn Plan [he ow ne r the rty R o rw c-mix(f4un d idr-ibfi JbIe EIuDBn.i. irnpr ôraII prpt' I1h MiL1ain Pla n i riot ubri1, ard all itarnistj re hbt erflplEECI Wthin thc p pftding DdeMe peflcd, or the abovne pJcpci1y oir1 bid the l ic ense expir ali l;cl dI E hrorctFrentaanaudh cir', fv ftil np1IFL or knense re oj vv rn*y rUIL Bsfr It-out Secdoms A , 14 , i5 vid c 10 WeN On pa8 2 3 4, Ond , fg f TJVR'C4! MtY J13i, J;Av. 44445 çI]Iag 71I &niLLr Ea1 ctf ITu1IRr Lr PFr 7rT:711 I tc [T- Ly - 131ThDING AND COMMVITY XBROILYM 21 1 lli N ENE - I Pi TpIh dkii CIm Free MrIng Prriit i,iJtS Pha U ses &i wrinL Tft e lease agree ment shall Wh do Lh Crhnt Fr 1usIrrp Lo Mdiduftt A copy o f Wait Tn1t.n1d Crfrfl Frc J1t L& A d dendum mwt be oftuhmil 1 ih ItIIün I48-rb w1ui stibrriltl9d. 2) Ag re e to purw ^1h&1tr UcinwteaH nLrin nFl r1'M, 1aIa1 ft l effma cTUie lemse or anV addend oryi s, ) Ccn,du'1 c1rnlnB1 c rcin'l Fdr 211 nEw Vo s p l edive ta n Bnts. if it is a -currcr4 n ba irjud mk n1 rquird MLtt F b1e prUWcJ enri 't Ol vi fr jJ ) AI-ftnd CRI app rov ed EI11bJur Cr T t Frite Ha Ong aIriIn cur9E lriforrn-aon or ppried cure fqynd Mw.rnrLcpa.net under vi e .4 co py of the Crinw Fmt Hou s ing cartiflc must be atlachv d to MIIIt Phil w1wti submitted . Crim Frft lj ouj %ing tralnin g WR5 crnp1d Oftfis s1dud Fr Qrr O r nl: -aila nd efflis pl a wfing t.7o ftnd rir tdLy CC } ubtiit Mnthty Upd&ju by the I ci or each nianih. P1'1 I E 1) CiiiSeetIriJ A nn1li ineit r1uete by th nkiyn denier Pli D Ii-ftenl To ier1uIe Bfl itil cirf'Ilow-up vig Asm'n ifl (705)5,89--334,1. A follow-up , asw!F-srnorit bfor1w Iii xplrIciuthtii wii the bun ln1ptEnrft. IF urit' A!eErI1eril h bn prul WTi1 th n1fl dale. secJrity Assowmi nk eonipeted orJI côjI for; S&iJrily MnEflt toThw-Lip w a s wrrl[Mcd V015 SO e dtJed frr c o ntinue &G Cj IQq!5 ft Ph IN Oh PSge 3.. Ty, V RLM U fJ22.1 RM, P ciy AF1Lme C6 mUwUFdtTtiid *=ind Bi1 I üE'-ID j rrr' ?i1 I E1 ) thttr tvagent will att e nd al rninin r ç? 1h kR.M. rr etii. The kL m e 9tIngs m u st b within thD re nti3l 1 11 c e nsEp p8rId and xifri Type IV Lan pirmt1n R egg is VOon leMoL re qulmd, lweer you rnutgn-In dudnj tho rr-co lihT MLe too meefing d atEs ETl o wner gen pla n trtr c r a g cqwi 1Ifid AR.Pa. ri-A eti rug s Ec1euId an: 2) Wilh the p4 y. T h o fp1lowsling aa lonaam irBitulmod for p rb,p bmm with Tour arm! w unli. 11 Ca ndurA rirt1 tmirfing 2nnuaiy that includos Pimct nIiiiñ hrqu. U "' ru!aridfl Diirna4 Ic ii ^H n E +IiG N'I -2l 0 1 PtM 2.3 II MM 11 1 F bx IJ- S3 fi-i1( .Jarm Carbon Mormddi.tMFMB2CIIT - Ethr5r Iett1 pitit'IIn Rcof 21 Femm Shed Driveway Siftomikas oth e r 19MMING AND COMMUNITY STANDARDS XB r7W i-fttt 1 13 5th Awe N I [ Ronl Lti MLi1atEM F1i CENTER- - Type 1W L1cu' etonu -Lir mi c 1fTh1pmYeJefif FSn n mriddlon anr age,aviimamd ptt1n dates med to be pr1d for cc'Trrtn capital FLmdirg stouU be rir4 wcedingly. Iirns that are brokori 1 wom, or gtheewse k xilaUoTi pior to the replacamEnt date fliJ t W rpc iier, All flemo. riiutve a cj;I uh ,: utiLwe broken" will not ptL ifycu are nur f vtii ar , ini 'Ai!l n1 lo b pIacii, yrIJ ran make rethc1iDn jçc jhesge, aearare, wriJit3an, rawmr1ir. M1iia1irufornaiion vi Ue[uI Life can bfond Btwhudc Iturn Ewa npr: Wiior FnaE Wi Ritr FcJIin Applirrc iuMy App1ne ndItn! EpB8d R?pi;vrnit Palm F My2i2O G N 0 Necvt{ FJIF reriLR c ' ;;iui W]-21 I ] TrT:711 x UILDITG AND COMMUNITY STANDARD S XIBk-COUiTiN NTER Rental LIeae MLligatfori PIn - TYPq cIom WIMP rOVE Ma?Fr rj 1iOt. fFpry Thli g itni Of-is g ection have c1I prprt rmnRgemEnt Lnd property irmj Th* falowing Ekalfons. w i} Ciee4'-n vlth qeAar4is ova ry 3dy D ri ve by pro-p uk, 10 Check for poss.1le wde- *idafion s. ) in 'iIoIa1ici of the 11flase or 4) Rrriain curr entn all uUlftyf 1Th, pnIli, anflr riaicaI dint'rnnt due the t ity. - The 1ciw1n loioption a l jrlci i1rd Lr Me Cty U 1} Fr1d Ia &rwEl 2' P rowe gafbme ) Lnsial s EcurityEfl fl 4) Prcde mairmar4e plan for applianc Nnrrie o f rieMve C o MP I'V I1IBn It T'pa RO-0 MgnUi Rn11 Ucenee Is. appro the Ci ty Cöufl1l, the kaeflsee must CoMpIr d Mitiga1irL Plan aid t1 up l it-ale City cod es. ?wriltui re port m, h by the i IP d i onth withan u p dalo Qf 00011S B a lfig tari ythe awn e r MLtga1Ln Pl ai n, A topy oTJi h(a ftffiV UpdRtear1 be Iaur1 cm L A ii1ab tftrm b ur i f'e t'g sft' t tfler.or or call ^7631 M"330 ja ha an el emmic copy semt W you ia erb1L lea th cidiUOftl infornlailon If nry. FWD OW TM IVQn Mt' lr Rv. city Df Bro Ahn I —illUflg m-& 33cipattwWWL u1 Ft:4)O I TTY:71 I - -:K*III I AND O1Q -STANDARDS IflhI9himpgon Plan 1 -n and Verify Iivctify4h inmi1Jcrn iprovithid i Ir nd1 urt. I arid t1itiiti iot nipIy 'Mt9 tht applaved Mflin Plan, winplywllJ I1 Kerns vithin thc Iiricrd1 be dpoote b"tmi the liccmu cxparalJonatEnfc r4cbrr,* Wth fcirrnat Iin, crIici3ris riw rny.riJIL Mal Tt'' r1i1Ff1m! ! ffi- 1Pii Pifi):j 14'2I]F7 QrAV-flf Nam (CtA 3i F4J ..thN(tii!& PLFà 1iir AAipAiiJ ba fe JrFi* FIA It 4U- • - 1t af};yn —uar mniuiL 11T Ilp.!irnnD.i rj ErinrN-1G I ,:-32U II TTY:11 I Fi-]? Cily C©m©Th1 Agnhi llm N0 1t© iiiiuicsi iu iv au u i ai 0 iii iiu i DATE: November 13, 2017 TO: Curt Boganey, City Mana g^ly FROM: Jesse Anderson, Deputy Director of Building and Community Standards SUBJECT: Type IV 6-Month Provisional Rental License for 3000 62nd 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 3000 62'" Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family property. The previous license was a Type IV Rental License issued on April 10, 2017, on condition of adherence to the Mitigation Plan and City Ordinances. The property would qualify for a Type II Rental License based on three (3) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. However, the owner failed to comply with the Mitigation Plan and applicable Ordinances, specifically failed to attend Owners/Managers Association Meetings. According to City Ordinances, if the requirements of the license category and the Mitigation Plan are not met, the license renewal category remains a Type IV. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the continued Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. The following is a brief history of the license process actions. Mission: Ensuring an attractive, clean, safe, inclusive community that enhan ces the qzia!il)' of life for all people and preserves the public trust EI1IJ[J I fl I I ak'A SAA I 3Ik4 (I) 1I 1JJ'A1 Current rental license approval activities: 06-14-2017 The owner, Dan Soffa applied for renewal of the rental dwelling license for 3000 62' Ave N, a single family dwelling. 07-11-2017 An initial rental license inspection was conducted. Three property code violations were cited, see attached rental criteria. 07-27-2017 A second inspection was conducted and passed. 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. 08-31-2017 The previous Type IV Rental License expired. 09-28-2017 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. 10-06-2017 A Mitigation Plan was submitted. 10-20-2017 The Mitigation Plan was finalized. 11-06-2017 A $300 Administrative Citation was issued for operating without a rental license. 11-06-2017 A letter was sent to the owner notifying that the hearing before the Council will be held November 13, 2017. Prior Type IV Rental License approval activities: 12-12-2016 The owner, Dan Soffa, applied for renewal of the rental dwelling license for 3000 62'' Ave N, a single family dwelling. 01-18-2017 An initial rental license inspection was not conducted; no access at time of inspection. 02-02-2017 A second inspection was conducted and passed. Zero property code violations were cited, see attached rental criteria. 02-08-2017 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 02-08-2017 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. 02-28-2017 The previous Type IV Rental License expired. 03-14-2017 A Mitigation Plan was submitted. 03-27-2017 The Mitigation Plan was finalized. 04-03-2017 A letter was sent to the owner notifying that the hearing before the Council will be held April 10, 2017. Previous Type IV Rental License approval activities: 05-19-2016 The owner, Dan Soffa, applied for renewal of the rental dwelling license for 3000 62' Ave N, a single family dwelling. Mission: Ensuring an attractive, clean, cafe, inclusive community that enhances the quality of life for all people and preserves the public trust EI1IJ[iJ I I I U I IhYA 0) 1I I1BJ I 06-16-2016 An initial rental license inspection was conducted. Three property code violations were cited, see attached rental criteria. 07-18-2016 A second inspection was conducted and passed. 08-03-2016 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 08-03-2016 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 08-18-2016 A Mitigation Plan was submitted. 08-23-2016 The Mitigation Plan was finalized. 08-31-2016 The previous Type IV Rental License expired. 09-02-2016 A letter was sent to the owner notifying that the hearing before the Council will be held September 12, 2016. Prior Type IV Rental License approval activities: 12-07-2015 The owner, Dan Soffa, applied for renewal of the rental dwelling license for 3000 62 nd Ave N, a single family dwelling. 12-28-2015 An initial rental license inspection was conducted. Two property code violations were cited, see attached rental criteria. 01-28-2016 A second inspection was conducted and failed. A $100 reinspection fee was charged to the property. 02-08-2016 The $100 reinspection fee was paid. 02-12-2016 A third inspection was conducted and passed with weather deferral. 02-28-2016 The previous Type IV Rental License expired. 03-08-2016 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 03-08-2016 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 03-18-2016 A $125 Administrative Citation was issued for not meeting mitigation plan requirements. 03-30-2016 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 04-01-2016 A Mitigation Plan was submitted. 04-11-2016 The Mitigation Plan was finalized. 04-18-2016 A letter was sent to the owner notifying that the hearing before the Council will be held April 25, 2016. Prior Type IV Rental License approval activities: 06-04-2015 The Owner, Dan Soffa, applied for renewal of the rental dwelling license for 3000 62'" Ave N, a single family dwelling. Mission: Ensuring an attractive, clean, safe, inclusive community that eithances the quality of life for all people and preserves the public trust 0S[I1ih(iJ I fl I * Uh'A I k"4 [I] 1I P1Ik I 07-28-2015 An initial rental license inspection was conducted. 9 property code violations were cited, see attached rental criteria. 08-31-2015 The previous rental license expired. 09-01-2015 A second rental inspection was conducted and passed. 09-04-2015 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 09-04-2015 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 09-22-2015 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 09-30-2015 A Mitigation Plan was submitted. 10-01-2015 The Mitigation Plan was finalized. If approved, after six months, a new rental license is required. The license process will begin in three months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust IEI1SJ(SJ I fl I I alh'A S I * [I) 1I I1BJ'A I 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, clew,, safe, inclusive community that enhances the quality of life for all people and preserves the public trust ES1IJ[J I fl I I ØLY4 U I IkT4 (I) 1I I1IJ1 I Rental License Category Criteria Policy - Adopted by City Council 030840 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust III1IJ[IJ I N 9 I x OF LA I ak'A [I) 1I SJYA I Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code On1v Type I -3 Year 1-2 units 0-1_________3+ units 0-0.75 Type 11 —2_ Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 511 8B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). 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 en/sauces the quality of life for all people and preserves the public trust 0 W"1111"011,119INk'A Uh'A I k'A (I] 1'WI P1IJ'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 3000 62 AveAve N P,'Iission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 3000 62 " AVEN WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 3000 62' Ave N, was issued a Type IV Rental License on April 10, 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 3000 62 nd Ave N, Brooklyn Center failed to attend Owners/Managers Association Meetings. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE IV Rental License is hereby approved for the property at 3000 62 nd Ave N, Brooklyn Center, Iv]IN. November 13, 2017 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. iii'#tteD ièJtJThtIM Pri ri r ripf&f AIe fcmi 'n Lr 1rnfl 'n Ih Ct t Lfbt c'ntFtr,'rg tr ciiII i7i) 5Eg i b hy ccpy Eni: 1) HJ vii ifllI. PrcpI, 1KnD Ung.1 Aciww rur'c Nn'( Cn &ft - E.utWuri Lu' liIiOwiii a TrI1JL MH £3#Z1 Owr ie'i: 1743 iiiru EftIl; OleatQP 70FXKV I41LEil; 8/31/2018 KM I cd A6c11t' a Aidrnz Aprits Ph on e ; Ain RriiiI Perllr. 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A vthHi rp&rt rnLit b' UblallUadbly LhO 1' f' OSCII Tnrii1ii1 with min upd* bf RWOnsubtkevi by the aWEt tIior pri th mp1y Eih hi iI!gM(t Ptifl A c iha rhI Upits q ba fzupd on fJbiI1mi GFITUt found on IhL- jL WC nrrOg LII J4XI to We Iirorc ccM nt to u On imiI Iiii ddII OrAdMAIRIM RarlNLk.F.L-uu WV.,Ok'fl P 13 % MP-MEW 6V CL 1n1riF 1dIiJ vtJt U'1-DfTarft-nnt w6w rtcm'c It - I (?E.ItZIZ-i I TT'11 I rJ-i MLD IN q MM CQM rLb6aYNCENTER Typo IV License SlnnhI1F! I rW Ji1 ai i1ornibfl proylded Is Ifte End ccurat. I undorstafeJ Thii ff1 dz nut tO rFi wtlhth 1rr.i PIn1 ccrn/Ui ll nni iUiIn thL Ikurt elixi. - aptt' bEyond thi Hi;c l raOn thk4, ri ror u1 tons IFrIi1 ryIw rriy rilL DVI !.Li SIP iv•, iTh! NiflL' nof Th P'L I -e1rw.:11L LTJ cM! MlL41 Ir r.&-;nI 521IL&'O rLLM rjflIJa& Rt E1tPACw.w.U" çLJci 4-n 1ynILUL13 q13thwEi I It1 j tlY:T11 (Cfity C©J1 Aa I[teirflil N©0 10z pull T 0 :Es1uJ[.J I fl I I k'A L'A I 3k'4 Li) UI IBJh'A I DATE: November 13, 2017 TO: Curt Boganey, City Manage FROM: Jesse Anderson, Deputy Director of Building and Community Standards SUBJECT: Type IV 6-Month Provisional Rental License for 5350 71st Cir I 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 5350 71st 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 renewal of two rental licenses. This is a single family property. 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 I Rental License based on one (1) property code violation 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, attend Owners/Managers Association meetings and complete security assessments. 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. Under this license action, the property owner will receive two successive Type IV Rental Licenses- one that will expire on November 30, 2017, and one that will expire on May 31, 2018. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the continued Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. The following is a brief history of the license process actions. Mission: Ensuring an attractive, clean, safe, inclusive Community that enhances the quality of life for all people and preserves the public trust IO1IJ[IJ IflhI M'A VA I MA [I) WIJ1IJ'A I Current rental license approval activities: 02-16-2017 The owner, Ali Sajjad/786 Homes, LLC, applied for renewal of the rental dwelling license for 5350 71st Cir, a single family dwelling. 03-14-2017 An initial rental license inspection was conducted. One property code violation was cited, see attached rental criteria. 05-31-2017 The previous Type IV Rental License expired. 08-01-2017 A second inspection was conducted and passed. 08-09-2017 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 09-28-2017 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. 10-03-2017 A Mitigation Plan was submitted. 10-09-2017 The Mitigation Plan was finalized. 11-06-2017 A $300 Administrative Citation was issued for operating without a rental license. 11-06-2017 A letter was sent to the owner notifying that the hearing before the Council will be held November 13, 2017. Current Type IV Rental License approval activities: 09-14-2017 The owner, Ali Sajjad/786 Homes, LLC, applied for renewal of the rental dwelling license for 5350 71 Cir, a single family dwelling. 10-03-2017 An initial rental license inspection was conducted. Two property code violations were cited, see attached rental criteria. 10-05-2017 A second inspection was conducted and passed. 10-24-2017 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 10-24-2017 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. 10-03-2017 A Mitigation Plan was submitted. 10-09-2017 The Mitigation Plan was finalized. 11-06-2017 A letter was sent to the owner notifying that the hearing before the Council will be held November 13, 2017. Prior Type IV Rental License approval activities: 08-04-2016 The Owner, Ali Sajjad/786 Homes, LLC, applied for renewal of the rental dwelling license for 5350 71 " Circle, a single family dwelling. 08-23-2016 An initial rental license inspection was conducted. 11 property code violations were cited, see attached rental criteria. 10-07-2016 A second rental inspection was conducted and corrections complete; however, an additional violation was found. 10-25-2016 A third inspection was conducted and passed. 11-14-2016 City records indicate zero validated police nuisance incidents occurred in the past twelve months. Mission: Ensuring an attractive, c/eu,,, safe, inclusive community that enhances the quality of life for all people and preserves the public trust I[I1SJ(SJ mu aiYA U I M'A 0) 1WJ II1SA'A I 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. 11-29-2016 A Mitigation Plan was submitted. 11-30-2016 The previous rental license expired. 12-05-2016 The Mitigation Plan was finalized. 01-02-2017 A letter was sent to the owner notifying that the hearing before the Council will be held January 09, 2017. If approved, after six months, a new rental license is required. The license process will begin in three months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 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 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust [EI1BJhIJ I fl V Dk'1 UYA I k'A [I] 1I I1SJ I 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. fWnission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [i[S1IJ[iJ I fl N k"4 Uh'A I 31"A (I) 1I 1IA"A I Rental License Category Criteria Policy Adopted by City Council 030840 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [S[I1PJ[iJIfl VuUI[I)t1II1uJ'AI Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Onl y) Type I - 3 Year 1-2 units 0-1 3+ units 0-0.75 Type 11-2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust i[I1IJ[iJ I fl U V Ok'4 U I I'A (I) 1ihI luAu 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 5350 71st Cir Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 5350 71st CIR WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 5350 71st Cir, is issued a subsequent Type IV Rental License with an expiration date of November 30, 2017; and WHEREAS, the property located at 5350 71st Cir, is issued a subsequent Type IV Rental License with an expiration date of May 31, 2018; 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 5350 71st Cir, Brooklyn Center failed to attend Owners/Managers Association Meetings, complete security improvements 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 5350 71st Cir, Brooklyn Center, MN. November 13, 2017 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 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[EI1lI(iJ I fl I I ØWA UYA I Øk'A 0) t1'II 1IAkI DATE: November 13, 2017 TO: Curt Boganey, City Manag2 FROM: Jesse Anderson, Deputy Director of Building and Community Standards SUBJECT: Type IV 6-Month Provisional Rental License for 5642 Logan Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan, Resolution and issuance of a Type IV 6-Month Provisional Rental License for 5642 Logan Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. Background: This owner is applying for a renewal rental license. This is a single family property. 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 property would qualify for a Type II Rental License based on two (2) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. However, the owner failed to comply with the Mitigation Plan and applicable Ordinances, specifically failed to attend Owners/Managers Association Meetings and complete security improvements. According to City Ordinances, if the requirements of the license category and the Mitigation Plan are not met, the license renewal category remains a Type IV. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the continued Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. The following is a brief history of the license process actions. !siissio,z: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust [S[i1lJ[SJ I fl I N MhYA U'A I MVA 0] 11I 1IJYA I Current rental license approval activities: 06-06-2017 The owner, Marc Silverstein, applied for renewal of the rental dwelling license for 5642 Logan Ave N, a single family dwelling. 06-27-2017 An initial rental license inspection was conducted. Two property code violations were cited, see attached rental criteria. 08-31-2017 The previous Type IV Rental License expired. 09-05-20 17 A second inspection was conducted and failed; no access was given at time of inspection. A $100 reinspection fee was charged to the property. 09-19-2017 A third inspection was conducted and corrections complete; however, the reinspection fees remain unpaid. 09-20-2017 The $100 reinspection fee was paid and the rental license passed. 10-04-2017 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 10-04-2017 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 10-17-2017 A Mitigation Plan was submitted. 10-19-2017 The Mitigation Plan was finalized. 11-06-2017 A letter was sent to the owner notifying that the hearing before the Council will be held November 13, 2017. Prior Type IV Rental License approval activities: 07-19-2016 The Owner, Marc Silverstein, applied for an initial rental dwelling license for 5642 Logan Ave N, a single family dwelling. 08-15-2016 An initial rental license inspection was not conducted; no access at time of inspection. 08-29-2016 An initial rental license inspection was conducted. 11 property code violations were cited, see attached rental criteria. 09-22-2016 The $100 reinspection fee was paid. 10-17-2016 A second inspection was conducted and passed. 11-14-2016 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 12-02-2016 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 01-04-2017 A Mitigation Plan was submitted. 01-10-2017 The Mitigation Plan was finalized. 02-03-2017 A letter was sent to the owner notifying that the hearing before the Council will be held February 13, 2017. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust III1IILIJ I V M I'4 L I 1k'A (I] 1I WJYA I If approved, after six months, a new rental license is required. The license process will begin in three months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 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, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [EIiPJ[iJ I fl I 3k IA I ak'A [I) U1WJk'A1 Rental License Category Criteria Policy Adopted by City Council 030840 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [i1II[.J I U V V ak'A I I ak"A [I) 1I I1IJ1 Property Code and Nuisance Violations Criteria License Category I Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type 1 - 3 Year 1-2 units 0-1 3+ units 0-0.75 Type II —2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) 0-1 0-0.25 0-0.35 Greater than 1 but not more than 3 ..JJ¼/UL/.L LIILI1J but not more than 1 Greater than 0.35 but not more than 0.50 Greater than 3 Greater than 1 Greater than 0.50 License Category No Category Impact Decrease 1 Category Decrease 2 Categories Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [EII1IJJ I fl I N aIYi LA I i (I) Oifl'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 5642 Logan Ave N Miss/viz: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people andpreserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 5642 LOGAN AVE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 5642 Logan Ave N, was issued a Type IV Rental License on February 13, 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 5642 Logan Ave N, Brooklyn Center failed to attend Owners/Managers Association Meetings and complete security improvements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE IV Rental License is hereby approved for the property at 5642 Logan Ave N, Brooklyn Center, MN. November 13, 2017 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Onr me[ MN EF T3 SPE, LLC Nmeet Mdrc; fmoamx^. 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City Hall Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the podium. ACTIVE DISCUSSION ITEMS 1.City Council Disruptions Policy 2.Discussion on the Drafting of a Fifth Amendment to Development Agreement (Shingle Creek Crossing Project) 3. Approving Support to Hennepin County HRA for Lynwood Pointe Apartments J DII I] h[iI I [i] 1 til Lii 1 4 1ALS] i Ii 'fi t,kF Later/Ongoing 1.Conducting City Council Business Electronically - November 2.Legislative Agenda - November 3.Everybody In Update - November 4.Community Dialogue Follow-up - November 5.Food Trucks Update - December 6.South Opportunity Site Development 7.T.H. 252 Freeway Conversion Study Update 8.City Council Code of Policies (October 9 Study Session Discussion) a.Section 2.61 Business Subsidy Policy - December b.Section 2.70 Street and Alley Lighting Policy C. Section 2.93 Long-Term Deer Population Management Plan 9.Naturally Occurring Affordable Housing Policy - January Work §s©Irll Agenda I[thrn N0 k"A I Dk'A 0) 11I lIJh"A SII1II[SJ I A'LS) .1 Si 3I'fi [IAI DATE: November 8, 2017 TO: City Council FROM: Curt Boganey, City Mana SUBJECT: City Council Disruptions Policy Recommendation: It is recommended that the City Council consider providing direction to staff regarding ways to address disruptions at City Council meetings. Background: At a recent City Council Study Session the Mayor raised concern about the Minnesota Supreme Court decision in State v. Hensel. This case arose out of a disruption of two Little Falls City Council meetings. The Council directed the City Attorney to provide a report regarding the issue with alternatives available to the City. I have enclosed a copy of the Attorney's report with this item. As described and outlined in the memo, the attorney offers two options. 1) Adopt a Policy establishing Rules of Conduct; or 2) Adopt an ordinance to prohibit disruptions. The City Attorney has recommended option 1 as the preferred alternative. The City Attorney will be present at the work session to present his findings and address any questions you might have. Policy Issues: Does the Council require additional information before providing direction? Does the Council agree that action is required to address concerns raised by the Supreme Court decision State v. Hensel? Of the alternatives proposed, is there a preferred alternative? Is there another alternative to consider? City Values: o Customer Intimacy-commitment to serving each customer with dignity and respect state.v.hensel.worksession. 11.08.2017 I'hssioi,: Ensuring an attractive, clean, safe, inclusive coifllfluflitt' that enhances the quality (if //fe for all people and preserves the public trust Troy J. Gilchrist nedy 470 US Bank Plaza 200 South Sixth Street - Minneapolis MIN 55402 & (612) 337-9214 telephone (612) 337-9310 fax tgilchrist@kennedy-graven.comveri CHARTERED Also: St. Cloud Office 501 W. Germain Street, Suite 304 St. Cloud, MN 56301 (320) 240-8200 telephone ffuIIOM1IWJ!AI To: Brooklyn Center City Council From: Troy Gilchrist, City Attorney Date: October 31, 2017 Re: Addressing Disruptions at City Council Meetings after State v. Hensel I am writing to provide the City Council information on managing disruptions at City Council meetings in light of the Minnesota Supreme Court's decision in State v. Hensel, 901 N.W.2d 166 (Minn. 2017). I will briefly summarize the case, set out two options for the City Council to consider, and offer a recommendation if the City Council elects to pursue this matter. Summary of Hensel Decision The case arose out of disruption of two Little Falls City Council meetings by Ms. Hensel. The facts as presented by the court do not, to say the least, fully capture the level of disruption caused by Ms. Hensel' s actions, but they are relatively succinct and so rather than attempt to rewrite them I will just quote them here: The facts of this case, which arose out of two Little Falls City Council meetings, are undisputed. At the first of the two meetings, appellant Robin Lyne Hensel sat in the public gallery, which was about 15 to 20 feet from a raised dais located at the front of the room and reserved for city-council members. Tables and chairs were positioned in the area between the gallery and the dais. During the meeting, Hensel, who was sitting in the front row of the gallery, displayed signs that depicted dead and deformed children. These signs, which were approximately 4-feet long and 4-feet high, along with a sign on her head, obstructed the view of those seated behind her, causing the City Council president to grant permission to affected members of the gallery to come forward and sit in the chairs available at the front of the 510206v1 TJGBR29I-4 room. Hensels actions eventually led the City Council to adjourn and reschedule the meeting. Four days later, the City Council reconvened in the same room, but this time there were no tables or chairs in the area between the gallery and the dais. Rather than sitting in the gallery, as she had at the previous meeting, Hensel took one of the folding chairs from the gallery and placed it in the space previously occupied by the tables and chairs. Hensel refused multiple requests to return to the gallery and challenged the City Council by demanding to see a policy that prohibited her from sitting there. Eventually, the Little Falls City Attorney warned Hensel that a police officer would remove her from the meeting room and issue her a ticket for disorderly conduct if she did not return to the gallery. When Hensel again refused a request to move, an officer escorted her from the room. Id. at 169. Ms. Hensel was charged with disorderly conduct under Minnesota Statutes, section 609.72, subdivision 1(2) for disrupting the meeting. She responded by challenging the statute as violating her First Amendment rights, alleging it is unconstitutionally overbroad, vague, and unconstitutional as applied to her case. The disorderly conduct statute she was charged under provides as follows: 609.72 DISORDERLY CONDUCT. Subdivision 1. Crime. Whoever does any of the following in a public or private place, including on a school bus, knowing, or having reasonable grounds to know that it will, or will tend to, alarm, anger or disturb others or provoke an assault or breach of the peace, is guilty of disorderly conduct, which is a misdemeanor: (1)engages in brawling or fighting; or (2)disturbs an assembly or meeting, not unlawful in its character; or (3) engages in offensive, obscene, abusive, boisterous, or noisy conduct or in offensive, obscene, or abusive language tending reasonably to arouse alarm, anger, or resentment in others. (emphasis added). The court analyzed the statute and was troubled by the scope of lawful activities that could potentially be penalized under it, as well as the resulting chilling effect on protected speech. As a result, the court found the "statute facially violates the First Amendment's overbreadth doctrine." Id. at 173. The court rejected the arguments forwarded by the state to demonstrate the statute is not overly broad. The state asserted the statute does not ban all speech, but the court pointed out that fact does not mean it is not overbroad. Nor, the court pointed out, is it compelled to find that the statute is constitutional just because it could ban more speech than it does. The fact the statute 2 510206v1 TJG BR291-4 contains an intent requirement ("knowing, or having reasonable grounds to know") also does not save it as it could prohibit mere negligent disturbances. The potential to reach even negligent disturbances increases the chances the statute has a chilling effect on protected expressions. Finally, the court found the statute is not a valid time, place or manner restriction as it applies to all conduct, occurring at any time, that disturbs any lawful assembly, whether occurring on public or private property. Even under intermediate scrutiny, which applies when reviewing time, place, and manner restrictions, the regulation, though content neutral, is not narrowly tailored to serve a significant government interest. "The statute regulates a broad swath of protected speech and expressive conduct, far more than is necessary to maintain order at meetings and assemblies." Id. at 175. Rejecting all of the state's arguments to uphold the statute, the court reaffirmed it is unconstitutionally overbroad. Having determined the statute is unconstitutional, the court examined whether it can be remedied through a narrowing construction or if it must be invalidated. After discussing its options, the court ultimately concluded that attempting to narrow the statute would require the court to rewrite it, something it cannot do, and so it invalidated the statute. The court was not clear on the scope of its ruling, but since the challenge was limited to the disturbing an assembly element of the statute, it is reasonable to view the ruling as being limited to that provision. Options after Hensel As a result of the court invalidating language obviously intended to protect gatherings such as city council meetings from disruptions, cities have been left wondering what they can do to help ensure they can maintain order during their meetings so they can conduct the city's business. The League of Minnesota Cities will likely attempt to address the issue with the legislature during the upcoming session, but in the meantime cities are left wondering what they can do to maintain order at their meetings. In discussing this matter with other city attorneys and the attorney that defended Little Falls in the case (who has been working with the League on this issue), we have identified two options for the City Council to consider: (1) adopt a policy setting out rules of conduct for meetings; or (2) adopt an ordinance that prohibits disrupting meetings. Each option is discussed below. (1) Adopt a Policy Establishing Rules of Conduct This approach involves the City Council adopting by resolution a set of rules that applies to those attending City Council meetings. Nothing in Hensel suggests a city cannot maintain control of its meetings. The court simply struck down an overbroad statute used to penalize a person that disrupted a meeting. The City Council can establish rules through a policy that, if violated, provides for the removal of the person from the chambers. If the person refused to leave, the City can arrest the person for trespass if necessary. Under Minnesota Statutes, section 609.605, subdivision l(b)(3), a "person is guilty of a misdemeanor if the person intentionally . . . trespasses on the premises of another and, without claim of right, refuses to depart from the premises on demand of the lawful possessor". 510206v1 TJG BR291-4 The 8th Circuit upheld an arrest for trespass when an activist refused to leave a public school board meeting. In Green v. Nocciero, 676 F.3d 748 (2012), the court found the school board's meeting constituted a limited public forum. As such, the "School Board could reasonably restrict public access to this forum 'based on the subject matter of the speech, on the identity or status of the speaker, or on the practical need to restrict access for reasons of manageability or the lack of resources to meet total demand.' This necessarily included the authority to remove an unruly or disruptive member of the audience 'to prevent his badgering, constant interruptions, and disregard for the rules of decorum." Id. at 753754 (citations omitted). The court pointed out that viewpoint discrimination is not allowed, but while the person claimed he was being retaliated against for past comments against the school board, those claims were not supported. The removal by law enforcement of persons disrupting a public meeting does not violate their First Amendment rights. Similarly, the 8th Circuit in Galarnyk v. Fraser, 687 F.3d 1070 (2012) also held there was probable cause under Minnesota law for an arrest for trespass when a person refused to leave the restricted 35W bridge collapse site. Finally, in State v. Occhino, 572 N.W.2d 316 (Minn. App. 1997), the Minnesota Court of Appeals upheld a trespass conviction of a person that entered the public area of a police station, but then refused to leave when ordered to do so by the officer in charge after becoming unruly and disruptive. The person's "repeated refusals to leave and his intentional act of remaining at the police desk area, while having no lawful reason to be at that area, then constituted trespass." Id. at 319. The City of Little Falls has pursued this policy approach and a copy of the rules its council has adopted is attached. Adopting a policy allows the City Council to adopt rules for its meetings that can go into effect promptly without having to wait for two readings and the additional 30 days required if they were adopted by ordinance. Furthermore, adjustments can be made to the policy as needed by resolution without having to work through the ordinance amendment process. (2) Adopt an Ordinance to Prohibit Disruptions The thought behind this approach is to simply prohibit, as part of the city's code, the disruption of council meetings. In other words, this ordinance would effectively take the place of the statute the court struck down by making it illegal to disrupt the City Council's meeting. A person who then disrupts a meeting can be removed, issued a citation, and, if necessary, arrested under the ordinance. The ordinance would, of course, need to be drafted so has to avoid the constitutional problems identified with the statute, but adopting an ordinance can serve to fill the gap created by the invalidated statute. Recommendation If the City Council is interested in taking action on this issue, I recommend it pursue option (1) and adopt a policy setting out the rules for its meetings as the City of Little Falls has done. Presumably, the legislature will address the constitutional shortcomings of the disorderly conduct 4 5102060 TJG BR291-4 statute during the next session, and so focusing on a set of rules tailored to the City Council's meetings is the best method for addressing that particular limited public forum. The policy will also be more instructive to those attending meetings and can provide a clear process for what may happen if someone violates it. If the City Council directs, I would be happy to work from the rules adopted by Little Falls to create a set of rules for its review. Feel free to let me know if there are any questions. 510206v1 TJG BR291-4 RULES OF CONDUCT FOR LITTLE FALLS CITY COUNCIL MEETINGS Conduct at City Council meetings shall be in accordance with the following rules: 1.Unless addressing the City Council or entering or leaving the Council Chambers or other meeting place, all persons in the audience shall remain seated in the seats provided in their current location. No person shall stand or sit in the aisles or along the walls, unless permitted by the Presiding Officer of the Council. No person shall block any doorways. No person shall enter the area of the Council Chambers between the marked stanchions and the desks of staff and the Council Members. 2.All demonstrations, including cheering, yelling, whistling, handclapping and foot stomping which disrupts, disturbs or otherwise impedes the orderly conduct of the Council meeting are prohibited. 3.Members of the audience and speakers shall not wear or display signs, placards, banners, hats, costumes or similar items at any time in the Council Chambers that obstruct the view of other audience members. In no event shall signs, placards, banners, props or similar items be larger than 8 ½ by 11 inches, be illuminated or be attached to any pole, stick or other device. 4.It is requested all persons wishing to speak to the Council shall state their name, address, and the subject matter upon which they wish to speak for the record. All speakers who wish to address members of the City Council or staff must do so through the Presiding Officer of the Council. No person shall address the Council until he or she has first been recognized by the Presiding Officer of the Council. In the interest of facilitating the business of the Council, all persons addressing the Council shall be limited to five minutes unless such time is extended by the Presiding Officer of the Council for good cause. 5.The City Council may accept public comment concerning agenda items at the time the item is considered. Individuals wishing to address an agenda item shall raise their hand at the time the agenda item is announced by the Presiding Officer of the Council, the City Administrator (or designee) shall count the number of speakers. It is requested all persons wishing to speak to the Council shall state their name, address, and the subject matter upon which they wish to speak for the record. In the interest of facilitating the business of the Council, all persons addressing the Council shall be limited to five (5) minutes unless such time is extended by the Presiding Officer of the Council for good cause. 6.If a person has any object pertaining to an item on the agenda they wish to give to staff or Council during the meeting, the person must be recognized by the 6 510206v1 TJG BR291-4 Presiding Officer of the Council, inform the Council of the object and staff member will retrieve the item and deliver it to the Council Members. 7.Members of the audience shall respect the rights of others. No person in the audience at the Council meeting shall engage in conduct that disrupts the orderly conduct of any Council meeting, including, but not limited to, the utterance of loud, threatening or abusive language, whistling, clapping, stamping of feet, repeatedly waiving of arms or other disruptive acts. 8.Photographs, audiotapes and videotapes may be taken from any seat within the Council Chamber or other meeting place or from the rear of the Council Chamber or other meeting place. Except when presentations are being made, photographs, audiotapes and videotapes may not be taken from the side or middle aisles or from the front of the Council Chambers as such practices disrupt and disturb the audience, public speakers and Council Members and interferes with the orderly conduct of the meeting. Photographs, audiotapes and videotapes shall not be taken in any manner which disturbs or disrupts the audience, speakers or Council Members or otherwise disrupts the Council meeting. 9. Animals are prohibited in the Council Chambers, except for trained K-9 police dogs and trained service animals as defined under State and Federal law. The Presiding Officer of the Council, with the assistance of the local law enforcement, shall be responsible for maintaining the order of the meeting. The Rules shall be enforced as follows: The Presiding Officer has the authority to issue a warning to a person violating the Rules. If the Person continues to violate the Rules and disrupt the meeting, the Presiding Officer will direct the person to be ejected or excluded from the Council Chambers or such other place as the Council may be in session. The ejection shall be for the remainder of the session at which the violation of the Rules occurred. 7 510206v1 TJG BR291-4 ftrn Agenda Rem N©0 2 k'A I ak'A (I) Wh'A 31 7IYLI) 1 J Efi [I)I DATE: November 13, 2018 TO: Curt Boganey, City Manam FROM: Gary Eitel, Director of Business & Development SUBJECT: Discussion on the Drafting of a Fifth Amendment to Development Agreement (Shingle Creek Crossing Project) Recommendation: It is recommended that the City Council consider providing direction to staff regarding the drafting and processing of a Fifth Amendment to the Shingle Creek Crossing Tax Increment Development Agreement. Background: The drafting of the Fifth Amendment to Shingle Creek Crossing Tax Increment Development Agreement includes the following components: 1.The developer's assignment of its rights to purchase the EDA Parcel to Ridgecrest Investors LLC, (d/b/a! Told Development. • An application for site plan approval for the development of a bank on the EDA Parcel has been scheduled for the Planning Commission's November 30th meeting and tentatively scheduled for the Council's consideration on December 11th• • The assignment and pending conveyance of the EDA Parcel also includes a Public Hearing by the EDA, which is also tentatively scheduled for December ll. 2.The processing of Shingle Creek Crossing 6th Addition, the replat of Lots 1, Block 2, Shingle Creek Crossing and Outlot A (EDA Parcel and the Common areas of Shingle Creek Crossing). 3.The extension of the Additional Improvement Note Maturity Date to complete the 239,000 sf of additional commercial development within Shingle Creek Crossing from December 31, 2018 to December 31, 2021. 4.Including the redevelopment of the Kohl's lot (Lot 2, Block 2, Shingle Creek Crossing) to the Phase II Parcels identified for the 230,000 sf. of Additional Improvements that will be constructed and obtain certificates of occupancy permits. 5. Clarifications regarding the placement of a transitional screening fence on Food Court Pad Sites 9 and 10 pending the future development of these two pad sites to complete the Food Court Improvements. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust kYA I*"ALI) 14II I1lJ I 74IALI) 1 J E1II1 [I)l Policy Issues: Does the EDA require any additional information in its future consideration of the Fifth Amendment to the Shingle Creek Crossing Development Agreement? Strategic Priorities: Targeted Redevelopment Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust • IJiD'kD4IWkeI 1 By and Among ECONOMIC DEVELOPMENT AUTHORITY OF BROOKLYN CENTER, MINNESOTA, AND SHINGLE CREEK, LLC, Dated as of: June 17, 2011 First Amendment Dated as of: November 13, 2012 Second Amendment Dated as of: April 8, 2014 Third Amendment Dated as of: March 10, 2015 Fourth Amendment Dated as of: September 21, 2017 Fifth Amendment Dated as of: December , 2017 This document was drafted by: KENNEDY & GRAVEN, CHARTERED (JSB) 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, Minnesota 55402 Telephone: (612) 337-9300 5106650 JSB BR291-304 FIFTH AMENDMENT TO DEVELOPMENT AGREEMENT This Fifth Amendment to Development Agreement (the "Fifth Amendment") is made as of the day of December, 2017, by and among the ECONOMIC DEVELOPMENT AUTHORITY OF BROOKLYN CENTER, MINNESOTA, a body corporate and politic organized and existing under the laws of the State of Minnesota (the "Authority"), and SHINGLE CREEK, LLC, a Delaware limited liability company (the "Developer"). WITNESSETH: WHEREAS, the Authority and the Developer heretofore entered into a Development Agreement dated June 17, 2011 and filed for record June 30, 2011, as Document Number T4868190, in the Office of the Hennepin County Registrar of Titles (the "Original Development Agreement"), as amended by a First Amendment to Development Agreement dated November 13, 2012 and filed for record November 27, 2012, as Document Number T5017704, in the Office of the Hennepin County Registrar of Titles (the "First Amendment"), as further amended by a Primary Certificate of Completion dated January 14, 2013 and filed for record June 18, 2013, as Document Number T05087258 in the Office of the Hennepin County Registrar of Titles (the "Primary Certificate of Completion"), as further amended by a Second Amendment to Development Agreement dated April 8, 2014, and filed for record April 15, 2014, as Document No. T05 164285, in the Office of the Hennepin County Registrar of Titles (the "Second Amendment"), as further amended by a Third Amendment to Development Agreement dated March 10, 2015, and filed for record March 11, 2015, as Document No. T05239433, in the Office of the Hennepin County Registrar of Titles (the "Third Amendment"), and as further amended by a Fourth Amendment to Development Agreement dated September 21, 2017, and filed for record , 2017, as Document No. ______, in the Office of the Hennepin County Registrar of Titles (the "Fourth Amendment" and, together with the Original Development Agreement, the First Amendment, the Primary Certificate of Completion, the Second Amendment, the Third Amendment, and the Fourth Amendment, the "Current Development Agreement") in connection with the construction of certain Minimum Improvements (as defined therein) in the Authority's Tax Increment Financing District No. 5 (A Renewal and Renovation District); and WHEREAS, capitalized terms used in this Fifth Amendment and not otherwise defined herein have the meanings given to them in the Development Agreement; and WHEREAS, the term "Development Agreement," as used in the Current Development Agreement and in this Fifth Amendment means the Current Development Agreement as modified by this Fifth Amendment; and WHEREAS, Section 4.4(a) of the Development Agreement, as amended and restated in its entirety in Section 10 of the Second Amendment and as further modified by the amendment to the definition of the term "Food Court Work" in Section 1 of the Third Amendment, requires Developer to: demolish the Food Court Building; construct the buildings identified as Buildings El, E2, E3, E4 and E5 on Exhibit M, attached to the Second Amendment and reattached, for 510665v1 JSB BR291-304 reference, to the Third Amendment ("Exhibit M") no later than May 31, 2015; to construct the buildings identified as Buildings Ni, N2 and N3 and the Food Court Parking and Streetscape no later than June 28, 2016 (the "Food Court Work"); and WHEREAS, Developer has completed the Food Court Work in a manner deemed sufficient by the Authority to permit the execution of a certificate of completion, to be dated as of the date hereof, and the release of Lots 1, 3, 4 and 6, Block 1, SHINGLE CREEK CROSSING 5TH ADDITION, Hennepin County, Minnesota according to the recorded plat thereof (the "Released Property") from the terms and conditions of the Development Agreement; and WHEREAS, pursuant to Section 1 of the Third Amendment, the construction of Buildings Wi and W2 as depicted on Exhibit M attached to the Third Amendment, was omitted from the definition of the "Food Court Work". However, Section 8 of the Third Amendment obligates Developer to, on or before December 31, 2016, either (a) substantially complete the improvements labeled as Buildings Wi and W2 on Exhibit M; or (b) amend the site plan that the City has approved with respect to the Developer's development of Lots 1, 2, 5 and 6, Block 1, SHINGLE CREEK CROSSING 5TH ADDITION, Hennepin County, Minnesota and construct a screening wall to screen the back of the buildings constructed on Lots 1 and 6, Block 1, SHINGLE CREEK CROSSING 5TH ADDITION, Hennepin County, Minnesota (the "Lot 2 and Lot 5 Work"). WHEREAS, the Developer has not yet completed the Lot 2 and Lot 5 Work, and the Authority and the Developer have determined to further amend the Current Development Agreement with respect to the completion of the Lot 2 and Lot 5 Work, and to set forth the terms and conditions under which the Authority will issue a Certificate of Completion for the Lot 2 and Lot 5 Work; and WHEREAS, it is the intention of the Authority and the Developer that this Fifth Amendment be recorded against and only against title to Lots 2 and 5, Block 1, SHINGLE CREEK CROSSING 5TH ADDITION, Hennepin County, Minnesota; and WHEREAS, the Original Development Agreement, as amended by the First Amendment and the Second Amendment, provided that the Authority would forgive the principal of and interest on the Additional Improvements Forgivable Loan if Developer (i) completed the Food Court Work; and (ii) constructed and obtained certificates of occupancy for not less than 239,000 square feet of buildings constituting Additional Improvements on the Phase II Parcels (the square foot area of the buildings completed as a part of the Food Court Work to be included as a part of the Additional Improvements constructed on the Phase II Parcels); WHEREAS, the Third Amendment amended the Original Agreement, as amended by the First Amendment and Second Amendment, to reflect that the Developer partially met its obligations to complete the Additional Improvements and forgave a portion of the Additional Improvements Forgivable Loan; WHEREAS, the Fourth Amendment amended the Original Agreement, as amended by the First Amendment through the Third Amendment, to reflect (i) that the City has issued its General Obligation Tax Increment Refunding Bonds, Series 2016B (the "Bonds") to refund the 2 510665v1 JSB BR291-304 TIF Note so that no further Tax Increments will be paid to the Developer pursuant to the TIF Note or the Development Agreement and (ii) that the Authority will provide additional assistance to the Developer in connection with the construction of the Lot 2 and Lot 5 Fence and the Traffic Calming Improvements as those terms are defined in the Fourth Amendment; WHEREAS, the Developer has requested that the Authority further amend the Current Development Agreement to (i) provide that the construction of additional retail and office space on the Kohl's Parcel and on the EDA Parcel will be credited towards the remaining 52,280 square feet of buildings constituting the Additional Improvements and (ii) to extend the Additional Improvements Note Maturity Date; WHEREAS, the Developer has determined to assign its rights to purchase the EDA Parcel to Ridgecrest Investors LLC, a Minnesota limited liability company (d/b/a TOLD Development Company) ("TOLD Development") pursuant to an Agreement for Assignment and Assumption of Agreement of Purchase and Sale, dated November , 2017, between the Developer and TOLD Development (the "Assignment of Purchase Agreement"); and; and WHEREAS, the Authority has determined to replat the EDA Parcel to reflect that a portion of the property which contains a monument sign and will be removed from the EDA Parcel and added to [Outlot A Shingle Creek Crossing], and the Developer agrees to consent to and join the replatting of the EDA Parcel; and WHEREAS, the Developer and the Authority have proposed to further amend the Original Agreement as provided herein; NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, the parties agree as follows: 1.Pursuant to the Primary Certificate of Completion, the Authority has released the Released Property from the terms of the Current Development Agreement, and, as a result of that release, the only property that remains subject to the Current Development Agreement is the property legally describes as Lots 1 through 6, Block 1, SHINGLE CREEK CROSSING 5th ADDITION, Hennepin County, Minnesota. Therefore, the Authority and the Developer agree that this Fourth Amendment should be memorialized only on the Certificates of Title for Lots 1 through 6, Block 1, SHINGLE CREEK CROSSING 5th ADDITION, Hennepin County, Minnesota. 2.The definition of "Additional Improvements Note Maturity Date" set forth in Section 1.1 of the Current Development Agreement is deleted in its entirety and replaced with the following: "Additional Improvements Note Maturity Date" means December 31, 2021. 3. The following definition is hereby added to Section 1.1 of the Development Agreement: "HOM Furniture Improvements" means the construction of an approximately 24,000 square foot addition to an existing approximately 75,000 square foot substandard retail building on the Kohl's Parcel and the construction of a 46,000 square foot retail and office building on the Kohl's Parcel and the EDA Parcel. 3 5106650 JSB BR291-304 4.Section 4.4(a) of the Development Amendment, as amended by the Second Amendment, is amended and restated in its entirety to read as follows: (a) The Developer has commenced and completed the Minimum Improvements, the Food Court Work, the Lot 2 and Lot 5 Fence and the Traffic Calming Improvements in accordance with the Development Agreement and the Developer must substantially complete the improvements labeled as buildings Wi and W2 on Exhibit M attached to the Second Amendment and reattached to this Fifth Amendment for reference purposes (the "Lot 2 and Lot 5 Work") as soon as commercially reasonable. 5.Section 8 of the Third Amendment is deleted in its entirety. A new clause (c) is added to Section 4.9 of the Development Amendment as follows: (c) The Developer shall notify the Authority when the Lot 2 and Lot 5 Work has been completed. The Authority shall, within 14 days after such notification, inspect the Lot 2 and Lot 5 Work to determine whether the Lot 2 and Lot 5 Work has been completed in substantial conformity with the approved Construction Plans and PUD. If the Authority determines that the Lot 2 and Lot 5 Work has not been completed in substantial conformity with the approved Construction Plans and the PUD, the Authority shall, within 28 days after the Developer's notification of completion of construction, deliver a written statement to the Developer indicating in adequate detail the specific respects in which the Lot 2 and Lot 5 Work has not been completed in substantial conformity with the approved Construction Plans and PUD, and the Developer shall promptly remedy such deficiencies, or cause such deficiencies to be remedied. If the Authority determines that the Lot 2 and Lot 5 Work has been completed in substantial conformity with the applicable approved Construction Plans and the PUD, as amended, the Authority shall furnish to the Developer a certificate of completion in the form attached hereto as Exhibit B-3 (the "Lot 2 and Lot 5 Work Certificate of Completion") certifying the completion of the Lot 2 and Lot 5 Work. The Lot 2 and Lot 5 Work Certificate of Completion issued for the Lot 2 and Lot 5 Work shall conclusively satisfy and terminate the agreements and covenants of the Developer in this Agreement to perform the Lot 2 and Lot 5 Work only. The issuance of the Lot 2 and Lot S Work Certificate of Completion shall not be construed to relieve the Developer of any approval required by any City department in connection with the construction, completion or occupancy of such improvements nor shall it relieve the Developer of any other obligations under this Agreement. 7. Section 5.4(c) of the Current Development Agreement is amended and restated in its entirety to read as follows: (c) Based on the portion of the Food Court Work and the square footage of the Additional Improvements the Developer has constructed as of the date of this Fifth Amendment, the Authority acknowledges and agrees that $780,000.00 of principal is deemed paid in full. As of the date hereof, the outstanding principal amount of the 4 510665v1 JSB BR291-304 Additional Improvements Forgivable Loan is $220,000.00 which amount has accrued and will, until paid or deemed paid, continue to accrue interest as set forth in Section 5.4(b). If Developer (i) constructs and obtains certificates of occupancy for not less than 52,580 square feet of buildings constituting Additional Improvements on the Remaining Phase II Parcels in accordance with the approved Construction Plans, a site plan approved by the City and the PUD Agreement on or before the Additional Improvements Note Maturity Date, and (ii) no Event of Default exists hereunder, the principal of and interest on the Additional Improvements Forgivable Loan shall be deemed paid in full. The Authority agrees that the requirement for 52,280 square feet of buildings constituting Additional Improvements in clause (i) hereof will be reduced by the square footage of any I-IOM Furniture Improvements upon completion thereof. 8.Section 5.4(d) of the Current Development Agreement is amended and restated in its entirety and replaced with the following: (d) If, as of the Additional Improvements Note Maturity Date, Developer has (i) constructed less than 52,280 square feet of buildings constituting Additional Improvements on the Remaining Phase II Parcels (less the square footage of any HOM Furniture Improvements) in accordance with approved Construction Plans, a site plan approved by the City and the PUD Agreement on or before the Additional Improvements Note Maturity Date; and (ii) no Event of Default exists under the Development Agreement, the principal of and interest on the Additional Improvements Forgivable loan shall be deemed paid on the Additional Improvements Note Maturity Date in an amount determined by multiplying the principal amount of the Additional Improvements Forgivable Loan by a fraction, the numerator of which is the square footage of the Additional Improvements Developer has constructed on the Remaining Phase II Parcels and the denominator of which is 52,850 less the square footage of any HOM Furniture Improvements. The Developer shall repay the remaining balance of the Additional Improvements Forgivable Note plus accrued interest on the remaining balance of the Additional Improvements Forgivable Note on the Additional Improvements Note Maturity Date. 9.The Developer hereby consents to the replatting of the EDA Parcel to reflect that a portion of the property which contains a monument sign and will be removed from the EDA Parcel and added to [Outlot A Shingle Creek Crossing] and agrees to undertake all actions necessary to effectuate its consent and join the replat. 10.The Developer agrees to assign its rights to purchase the EDA Parcel, as replatted, to TOLD Development pursuant to the Assignment of Purchase Agreement. 11.Except as hereby amended, all other terms and conditions of the Current Development Agreement shall remain in full force and effect. 5106650 JSB BR291-304 IN WITNESS WHEREOF, the Authority has caused this Fifth Amendment to be duly executed in its name and behalf and its seal to be hereunto duly affixed and the Developer has caused this Agreement to be duly executed in its name and behalf on or as of the date first above written. ECONOMIC DEVELOPMENT AUTHORITY OF BROOKLYN CENTER, MINNESOTA By President By Executive Director STATE OF MINNESOTA ) ) ss: COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this day of December, 2017 by —and , the President and Executive Director of the Economic Development Authority of the City of Brooklyn Center, Minnesota, a body corporate and politic established pursuant to Minn. Stat. Chapter 469, on behalf of the Authority. Notary Public Signature page to Fifth Amendment to Development Agreement S-1 5106650 JSB BR291-304 SHINGLE CREEK, LLC, a Delaware limited liability company By: Its: STATE OF ) ss: COUNTY OF The foregoing instrument was acknowledged before me on this day of December, 2017 by , the of Shingle Creek, LLC, a Delaware limited liability company on behalf of said limited liability company. Notary Public Signature page to Fifth Amendment to Development Agreement S-2 510665v1 JSB BR291-304 10.14 My I 1 U MI LOT 2 AND LOT 5 WORK CERTIFICATE OF COMPLETION WHEREAS, the Economic Development Authority of Brooklyn Center, Minnesota (the "Authority"), a body corporate and politic subdivision of the State of Minnesota and Shingle Creek, LLC, a Delaware limited liability company (and together with Shingle Creek 3, LLC, the "Developer") have entered into a Development Agreement dated June 17, 2011 and filed for record June 30, 2011, as Document Number T4868190, in the Office of the Hennepin County Registrar of Titles (the "Original Development Agreement"), as amended by a First Amendment to Development Agreement dated November 13, 2012 and filed for record November 27, 2012, as Document Number T5017704, in the Office of the Hennepin County Registrar of Titles (the "First Amendment"), as further amended by a Second Amendment to Development Agreement dated April 8, 2014, and filed for record April 15, 2014, as Document No. T05164285, in the Office of the Hennepin County Registrar of Titles (the "Second Amendment"), as further amended by a Third Amendment to Development Agreement dated March 10, 2015, and filed for record March 11, 2015, as Document No. T05239433, in the Office of the Hennepin County Registrar of Titles (the "Third Amendment") and as further amended by a Fifth Amendment to Development Agreement dated December , 2017, and filed for record ,2017, as Document No. in the Office of the Hennepin County Registrar of Titles (the "Fifth Amendment" and, together with the Original Development Agreement, the First Amendment, the Second Amendment, and the Third Amendment, the "Development Agreement"); and WHEREAS, the Development Agreement requires the Developer to perform the Lot 2 and Lot 5 Work (as defined in the Development Agreement); WHEREAS, the Developer has completed the Lot 2 and Lot 5 Work in a manner deemed sufficient by the Authority to permit the execution of this certification and the release of Lots 2 and 5, Block 1, SHINGLE CREEK CROSSING 5TH ADDITION, Hennepin County, Minnesota (the "Released Property") from the terms and conditions of the Development Agreement; NOW, THEREFORE, this is to certify that the Developer has completed the Lot 2 and Lot 5 Work in a manner deemed sufficient by the Authority. As a result, the Authority hereby releases the Released Property from the terms of the Development Agreement, and the Development Agreement shall no longer run with title to the Released Property or bind successors in title to the Released Property. It is the intention of the Authority and the Developer that after this Food Court Certificate of Completion is memorialized under the Certificates of Title to the Released Property, the Hennepin County Registrar of Titles will omit the memorial of the Development Agreement and the memorial of this Lot 2 and Lot 5 Work Certificate of Completion from future certificates of title for all or any portion of the Released Property. Notwithstanding the Authority's release of the Released Property from the terms and conditions of the Development Agreement, the covenants and restrictions set forth in the Development Agreement remain the personal obligation of the Developer and any successor in title to all or any portion of the Developer Property, as defined in the Development Agreement, to whom the B-2-1 510665v1 JSB BR291-304 Developer expressly assigns the Developer's obligations under the Development Agreement in accordance with Section 8.2(b)(ii) of the Development Agreement. IN WITNESS WHEREOF, the Authority has caused this Certificate of Completion to be executed with by its duly authorized officer as of the ____ day of____ 20_. WK1,11 ti : M I!iiij ai kiiII F[II By President By Executive Director STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPTN ) The foregoing instrument was acknowledged before me this day of 20, by ,the President and , the Executive Director Of the Economic Development Authority of Brooklyn Center, Minnesota, a municipal corporation and politic subdivision organized and existing under the Constitution and laws of the State of Minnesota, on behalf of said Authority. Notary Public B-2-2 510665v1 JSB BR291-304 EXHIBIT M DEPICTION OF THE IMPROVEMENTS TO BE CONSTRUCTED ON THE FOOD COURT PARCEL -i- 4I •T'! rji _____________ IJI 510665v1 JSBBR291-304 lvEi I ONISSO'd3 VOSJUNrI A1Hfl03 NdJNUH 3JO1ONIHS H31N30NA1)1OOJ8 1V1dAiVNllNfl2Jd ONISSO3N3331ONIHS I z --0 8 / 0 K a LU OH-I-_J w Work Session Item No. 2 November 13, 2017 1.The developer’s assignment of its rights to purchase the EDA Parcel to Ridgecrest Investors LLC, (d/b/a/ Told Development. An application for site plan approval for the development of a bank on the EDA Parcel has been scheduled for the Planning Commission’s November 30th meeting and tentatively scheduled for the Council’s consideration on December 11th. The assignment and pending conveyance of the EDA Parcel also includes a Public Hearing by the EDA, which is also tentatively scheduled for December 11th. 2. The processing of Shingle Creek Crossing 6th Addition, the replat of Lots 1, Block 2, Shingle Creek Crossing and Outlot A (EDA Parcel and the Common areas of Shingle Creek Crossing). 3. The extension of the Additional Improvement Note Maturity Date to complete the 239,000 sf of additional commercial development within Shingle Creek Crossing from December 31, 2018 to December 31, 2021. 4. Including the redevelopment of the Kohl’s lot (Lot 2, Block 2, Shingle Creek Crossing) to the Phase II Parcels identified for the 239,000 sf. of Additional Improvements that will be constructed and obtain certificates of occupancy permits. 5. Clarifications regarding the placement of a transitional screening fence on Food Court Pad Sites 9 and 10 pending the future development of these two pad sites to complete the Food Court Improvements. Does the EDA require any additional information in its future consideration of the Fifth Amendment to the Shingle Creek Crossing Development Agreement? W©]rk S©SS©fdII Agenda ll©rn N©0 3 k!AI 3hY4 (I) 1I IlIJk'i S[I1BJhXiJ I 'LI) 1 4if1tII1 DATE: November 13, 2017 TO: Curt Boganey, City Man THROUGH: Michael Ericson, Interim Community Development FROM: Jesse Anderson, Deputy Director of Building and Community Standards SUBJECT: Approving support to the Hennepin County Housing and Redevelopment Authority to provide a direct contribution and file an affordability covenant on the Lynwood Pointe Apartment Complex It is recommended that the City Council consider providing direction to staff regarding Hennepin County Housing and Redevelopment Authority providing a direct contribution and file an affordability covenant on the Lynwood Pointe Apartment Complex located at 6915-25 Humboldt Ave N. Background: Aeon is requesting the City of Brooklyn Center pass a resolution supporting the Hennepin County Housing and Redevelopment Authority to provide a direct contribution and file an affordability covenant on Lynwood Pointe Apartment Complex. This action would allow the property to apply for 4D tax classification payable in 2019. This tax classification would provide for a reduction of approximately $6,422 in the property taxes for the property. Aeon sees the Low-Income classification as critical to the long-term viability of the Towers Portfolio as affordable housing. Lynwood Pointe Apartments is located at 69 15-25 Humboldt Ave N and has 2 buildings consisting of a total of 50 units. There are 8 one bedroom units and 42 two bedroom units. The property was a Type 1 - 3 year rental license with the previous owner. The rental license application was received on 11/9/2017. Aeon has stated that the property will be managed by Steven Scott Management. Steven Scott Management manages Earl Brown Farm apartments in Brooklyn Center. Aeon owns and manages The Crest Apartment in Brooklyn Center. Recently, the police department has had some difficulties with The Crest Apartment owned and managed by Aeon. The Police Department generally finds that management at The Crest is receptive and willing to work with the Police Department. However, it seems that some issues are often being missed. There have been recent concerns with the security company that Aeon uses. Within the past month Police Department staff met directly with their security manager to discuss ongoing complaints from tenants that security staff are not doing their job. The security rarely patrols the I'A I 3W4 (I) 1#I P1BJkEIIIJhI1 I !ALII) 1 N1 IEiI$)I premises, and is often found in the lobby watching TV. They frequently allow entry for guests not associated with the apartment and does not provide service at hours that would be most beneficial. (35 hours a week spread out over seven 5 hour shifts). Therefore, it is believed that this has resulted in an increase in police calls for service at the property. Service calls have included fights, drunken calls, assaults, etc. In 2017 there have been 315 calls for service from 01/01/2017 through 11/9/2017. This is a 48% increase compared to the same time in 2016 (213 CFS). In May of 2017, Greater Minnesota Housing Fund (GMHF) closed on a $25 million fund to acquire and preserve affordability of naturally occurring affordable housing (NOAH) in the Twin Cities. In October, the nonprofit developer Aeon purchased a portfolio of ten naturally occurring affordable housing buildings. The equity for this $77 million acquisition (the "Towers Portfolio") was financed by two funds designed to preserve naturally occurring affordable housing: the GMHF NOAH Impact Fund; and the Enterprise Multifamily Opportunity Fund. The Towers Portfolio consists of 768 units, 686 of which are located in Hennepin County. The properties are located in Bloomington (6), Brooklyn Center (1), New Hope (2), and St. Paul (1). Taxable housing developments are generally classified as "Apartment" or "Low-Income" for property tax purposes. While the effective tax rate for Apartment property might be around 1.2% of assessed value, the effective rate for Low-Income housing depends on the assessed value per unit and ranges from 0.4% to 0.7% of assessed value. To qualify for the "Low-Income" classification there must be a direct government investment documented by rent restrictions filed by the government entity. The total tax levy amount would not change; therefore there would not be a reduction in revenue. However, the taxes would be redistributed to other properties. While Hennepin County contributed to the preservation of the "Towers Portfolio" through the GMHF NOAH Impact Fund, the investment does not meet the direct investment standard and the properties are therefore not eligible for the "Low-Income" classification without the direct contribution. The Bloomington HRA and the city of St. Paul have agreed to provide similar direct assistance for the seven "Towers" buildings in those cities. Hennepin County Housing and Redevelopment Authority will provide assistance on buildings in Brooklyn Center and New Hope. The NOAH Impact fund requires affordability for 15 years and the Enterprise Multifamily Opportunity Fund requires affordability for 7 years. The requested direct investment from Hennepin County will secure rents at the Lynwood Pointe Apartments to remain affordable at 60% of area median income (AMI) for 30 years. Ik IIthYA (I) t1WI)]iIJkY!i[i1IJ(SJ I !'LI) 1 NTh11 O)I Policy Issues: o Are there questions or comments you would like the Housing Commission to provide direction on? o Should staff prepare a resolution of support for a future City Council Meeting? Strategic Priorities: 0 Resident Economic Stability c1c1aeon HUII^v :,.j Evci y I h November 3, 2017 Jesse Anderson Deputy Director/BRA Soecialist City of Brooklyn Center 6301 Shingle Creek Pkwy Brooklyn Center, MN 55430 Re: Preservation of Lynwood Pointe Apartments Jesse, On October 31, 201/ Aeon acquired the Towers Por t folio, a 768 -unit NOAH portfolio Consisting of ten properties and 768 units throughout the metro, One of these properties, Lynwood Pointe, has a total Of 50 units and is located in Brooklyn Center. Aeon crafted a financing plan to close on the Towers Portfolio within the required timeframe; however, a key piece of this model is to apply for a 4d Property lax Classification for all 10 properties. The City of Bloomington HRA acted on October 10h to commit $75,000 to their 6 properties ($12,500 per property) and the City of St. Paul BRA acted on October 11th to commit $40,000 to their single lowers property. As we previously discussed, Brooklyn Center currently does not currently have a pool of funds available to commit towards Lynwood Pointe, so we are instead working with Hennepin County to secure a $5,000 loan for the property. A requirement of this loan would be for Aeon to enter into a Declaration of Restrictive Covenants with Hennepin County that would require Lynwood Pointe to remain affordable to households at o r below 60% of the Area Median Income for the next 30 years. This would then allow Aeon to apply for a 4d Property Tax Classification, keeping expenses contained and rents stabilized. For reference, the rents at the property a r e already below the 60% AMI mark, We look forward to working more closely with Brooklyn Center and Hennepin County as the new owners of the property to not only help preserve these important affordable apartment homes, but help keep them as quality assets for the long term. In summary, I am asking for the City of Rroodyn Center's support for the proposed Hennepin County funding to be dedicated to Lynwood Pointe. I look foRvard to discussing this with you at your earliest convenience, if you have any questions, please do not hesitate to call. Thank you, /- ke Hopkins Vice President of Housing Development > (0 (0I— Ci 00 000 tncal 0 Cj) 00 ON 00 '..DLn -m 4-H ONO cr -i NNLn1-0 Ln I N Ln If) If)LflLtLLfl — V)-L!1 Lfl LI)LI)LI)LI)LI)a c Cr)c c o c00(0(0 -I— H-D tD w LD >(0o 0LI'0 0'. 00'.0 0 0LI'0 0 Ci rH 1 H H H r1 -1 U (0 Cm OIcn Crn Orn 0m Om mrnmmrnrnrnrn—J 14 -I 14 -1 000000 0-LI)LI)LI)LI)If)LI)LI)c U)LI)L1)LI)LI)If)LI)LI) • (0 N N N N N N NLO(.0 (.0 LC) 0 tI)-tf tf CC OC}CO)CO)0)Cr)CT)C C) C)CT)OLI)Ln If)LI)LI)LI)If) I—NNNNNN N C xo LI) N m o 00 CO m(.0COLI)L)-1-1 -1 LI) o -0 rc-N ro .v tr-.v-v- 000000 0- C LI)m C)m C)Cr) Cr)C) C) - (0I— —00(.0 COLO CO(.0 00 00 00 CO U .tc)-(.0 (.0 ).0 (.0U)-U)-U)-U 000000 00000000C j 0 0 0 0 0 0 0 ----iNNNNNN N U U)-if)-if)-U)-in U)- 4-, X cl •Et——CD00(•)z0 UCD OO C)j .E)<C .CC .CDLA a oi-ECL 0)Q)0 41 CD5 C 0 Presented by Michael Ericson, Interim Community Development Director Aeon has purchased Lynwood Pointe Apartments located at 6915-25 Humboldt Ave N. Aeon is requesting that the City support Hennepin County HRA Activity. The HCHRA would provide a direct contribution to Aeon for Lynwood Pointe Apartment Complex The contribution is needed in order to be eligible for 4D tax classification This tax classification would provide for a reduction of approximately $6,422 Aeon sees the Low-Income classification as critical to the long-term viability of the Towers Portfolio as affordable housing. Aeon purchased a portfolio of ten naturally occurring affordable housing buildings in October. The purchase had funding from two sources designed to preserve naturally occurring affordable housing: ◦The Greater Minnesota Housing Fund NOAH Impact Fund ◦Enterprise Multifamily Opportunity Fund. The Towers Portfolio consists of 768 units, 686 of which are located in Hennepin County. The properties are located in Bloomington (6), Brooklyn Center (1), New Hope (2), and St. Paul (1). The property is not eligible for the “Low-Income” classification without the direct contribution. The Bloomington HRA and the city of St. Paul have agreed to provide similar direct assistance for the seven “Towers” buildings in those cities. Hennepin County will provide assistance on buildings in Brooklyn Center and New Hope. The NOAH Impact fund requires affordability for 15 years the Enterprise Multifamily Opportunity Fund requires affordability for 7 years. The requested direct investment from Hennepin County will require affordability for 30 years. Affordability of rents is affordable at 60% of area median income (AMI). 2 buildings 50 units. ◦8 one bedroom units ◦42 two bedroom units. ◦Previously a Type 1 – 3 year rental license ◦The new rental license application was received on 11/9/2017. ◦Aeon has stated that the property will be managed by Steven Scott Management. ◦Steven Scott Management manages Earle Brown Farm apartments in Brooklyn Center. Aeon owns and manages The Crest Apartment in Brooklyn Center. ◦Recently, the police department has had some difficulties with The Crest Apartment owned and managed by Aeon. ◦PD has recent concerns with the security company that Aeon uses. ◦There has been 48% increase in calls for service compared to the same time in 2016 (315 ytd & 213 in 2016) Are there questions or comments you would like the Housing Commission to provide direction on at their November 21, 2017 Meeting? Should staff prepare a resolution of support for a future City Council Meeting? Questions?